U.S. Supreme Court Sucks

Indian Country Today reports that "The U.S. Supreme Court has ruled that Congress’ apology for overthrowing the Hawaiian monarchy in 1893 bears no moral, political or legal weight in stopping the State of Hawaii from selling 1.2 million acres of land seized during the illegal regime change before resolving land claims by Native Hawaiians."

[INSERT: lsakjdfa;lskdjfa;lsdkfjas;ldkfjas;ldfkj! i am unable to articulate currently kist how much this upsets me (though doesnt necessarily surprise)]

(image: http://api.ning.com/files/SgL3apfElCVXx*WUrGybR31M57fRymHVj0fxIsfYmu1p6f-eb9RxZact8yPayVb8X1feyX8CcjJOHLpxvHGH-Amv6DvIQTQd/HIA5.jpg)

article, "U.S. Supremes Rule Against native Hawaiians' Land Claims" by Gale Courey Toensing continues:
(AND NOTE OUR VERY OWN KAUANUI SAYING BRILLIANT THINGS AT THE END)

"The ruling was issued March 31, six weeks after the high court heard arguments in State of Hawaii v. Office of Hawaiian Affairs.

The state petitioned the case in the U.S. Supreme Court last year after the Hawaii Supreme Court issued an injunction prohibiting the state from selling or transferring “ceded lands” held in trust until Native Hawaiians’ claims to the land have been resolved.

The Hawaiian court based its decision on the Apology Resolution, passed by Congress in 1993 on the 100th anniversary of the destruction of the Hawaiian Nation. The apology acknowledged the illegality of the U.S. government’s actions in overthrowing Hawaii’s sovereign government, creating a “provisional government” and five years later passing the Newlands Resolution, which annexed Hawaii as a U.S. territory.

Although the high court’s ruling accepts the Newlands Resolution narrative that Hawaii ceded all public, government and crown lands to the U.S. in “absolute fee,” the congressional apology recognized that “the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum.”

The high court reversed the Hawaii Supreme Court’s decision and remanded it back “for further proceedings not inconsistent with this opinion.”

“The State Supreme Court incorrectly held that Congress, by adopting the Apology Resolution, took away from the citizens of Hawaii the authority to resolve an issue that is of great importance to the people of the state. Respondents (the Office of Hawaiian Affairs) defend that decision by
arguing that they have both state-law property rights in the land in question and ‘broader moral and political claims for compensation for the wrongs of the past.’ But we have no authority to decide questions of Hawaiian law or to provide redress for past wrongs except as provided for by federal law,” Justice Samuel Alito wrote for the court.

Both the state of Hawaii and the OHA claimed the high court’s ruling as a victory.

“We consider the court’s decision to be a favorable one. While we would have preferred an outright dismissal of the petition, the result in this case is workable,” said Haunani Apoliona, OHA Board of Trustees chairperson.

The OHA is a state agency created in 1978 “with a mandate to better the conditions of both Native Hawaiians and the Hawaiian community in general,” according to its Web site.

The agency launched the case in 1994 – a year after the Apology Resolution – in an effort to stop the state from selling public lands to a developer. In 2002, a Hawaii state court ruled that Hawaii could sell the lands, but in January 2008, the Hawaii Supreme Court reversed that ruling, contending that the Apology Resolution prohibited the state from selling or transferring any land unless and until a political settlement was reached with Native Hawaiians.

“From the day the Hawai’i Supreme Court issued its unanimous decision prohibiting the sale and the transfer of ceded lands to third parties until the claims to those lands by the Native Hawaiian people were resolved, the Board of Trustees believed that the state Supreme Court ruled correctly,” Apoliona said. “Now the case is headed back to the Hawai’i Supreme Court where it belongs. This case should never have been taken outside of the state of Hawai’i.”

Hawaii Attorney General Mark Bennett, who argued the state’s case in front of the U.S. Supreme Court, said he was “very pleased with the nine to nothing ruling by the Supreme Court in our favor. The ruling addressed our two points on appeal. The first, that the apology resolution does not in any way affect the state’s legal rights, and, second, that the state has the same absolute deed title to the public lands that the United States had, and the Supreme court confirmed that very clearly in its opinion. The state owns these lands in fee for the benefit of all of the people of Hawaii.”

Native Hawaiians, who seek the restoration of Hawaii’s sovereignty and self determination as a nation state, refute that claim.

“If the Apology Resolution has no teeth in the court of the conqueror, then how is it that the Newlands Resolution that unilaterally annexed Hawaii does?” said J. Kehaulani Kauanui, associate professor of American Studies and Anthropology at Wesleyan University.

“This (ruling) is a legal fiction to cover up the fact that the U.S. government accepted the stolen lands from the Republic of Hawaii government that confiscated these lands after the overthrow of the Hawaiian Kingdom. The Republic of Hawaii could not have ceded these lands in “absolute fee” to the United States because they were stolen. The U.S. government accepted the stolen goods and cannot prove title because they were stolen without Hawaiian people’s consent and without compensation.”

The state of Hawaii and the OHA support the passage of the Akaka Bill, named after U.S. Sen. Daniel Akaka, which would grant federal recognition to Native Hawaiians and place the public lands in trust under the federal government.

The senator issued the following statement in response to the U.S. Supreme Court ruling.

“I will continue to monitor the case as it is taken back up by the state courts. I still believe the best way forward is through direct negotiations between the state and federal governments and a federally recognized Native Hawaiian government. For these issues to be resolved, Native Hawaiians need a seat at the table. Mainland indigenous people have this opportunity and Native Hawaiians deserve the same chance.”

But Hawaiian nationalists reject federal recognition as a resolution to their quest for sovereignty.

“The Akaka Bill is the final nail in the coffin; the U.S. government knows it does not have any legitimate title to these stolen lands. Hence, the only way the U.S. will ever be able to secure its claim is by constituting a Hawaiian governing entity to give up the claim to them,” Kauanui said.

Those affiliated with the Hawaiian nationalist movement must “continue to draw attention to the pathological hypocrisy of U.S. Empire and insist on the legal validity of the Hawaiian claim to independent nationhood.”

Morales declares approval of new pro-indigenous constitution for Bolivia

(photo from the Economist)








from The Guardian:

Evo Morales hails 'new Bolivia' as constitution is approved

by Matthew Taylor, Monday 26 January 2009

Bolivians yesterday approved a new constitution granting more power to the country's indigenous majority and rolling back half a millennium of colonialism, discrimination and humiliation.

After a bruising struggle between supporters and opponents of the president, Evo Morales, the country voted to adopt the new constitution in a referendum.

The charter confirms Bolivia – the second poorest country in South America after Guyana – as a leader in the regional "pink tide" of leftwing governments that have ousted traditional elites and challenged US influence.

Yesterday, Morales, who wept for joy when the draft of the new constitution was agreed last October, told a crowd in front of the presidential palace that the vote signalled the start of a new era.

"Here begins the new Bolivia," he said. "Here we begin to reach true equality."

The president said the charter would "decolonise" Bolivia by championing indigenous values lost since the Spanish conquest.

It also includes clauses on land redistribution and sets aside seats in Congress for minority indigenous groups.

However, in Boliva's conservative eastern lowlands, a semi-tropical stronghold of European descendants, there was widespread opposition to the constitution, with critics saying it was a recipe for ruin, division and authoritarianism.

They argued that the focus on indigenous communitarism ignored the freewheeling capitalism that drives the eastern plains' huge cattle ranches and powerful soy industry.

There were bloody clashes between pro and anti-government supporters, including miners armed with dynamite and peasants with machetes, during the drafting of the charter.

Several people died, hundreds were injured and Bolivia was left dangerously polarised.

Yesterday, Moises Shiriqui, the cowboy-hatted mayor of the eastern provincial capital, Trinidad, said there was still fierce opposition to the new constitution.

"In five states, we're rejecting the constitution," he said. "In five states, we have another vision of the country."

An unofficial tally by the Bolivian television network ATB showed the constitution winning with 59% of the vote.

The quick count had a 3% margin of error, and was mirrored by two private exit polls. An official vote count will be announced on 4 February.

The constitution also gives Morales the opportunity to run for re-election and remain in power until 2014.

He is expected to go to the polls again in December in an election that will also elect a newly reorganised Congress with seats set aside for minority indigenous groups.

A provision granting autonomy for 36 indigenous "nations" and four opposition-controlled eastern states is at the heart of the constitution.

But both groups are given a vaguely defined "equal rank", which critics say will create rival claims to open land in Bolivia's fertile east, home to the large agribusiness interests and valuable gas reserves that drive much of the country's economy.

With an eye to redistributing land in the region, the constitution limits future holdings to either 5,000 or 10,000 hectares (12,000 or 24,000 acres).

Current landholders are exempt from the cap in a nod to the cattle and soy industries.

Morales, an Aymara Indian, has allied himself closely with the Venezuelan president, Hugo Chávez.

He expelled the US ambassador and drug enforcement administration agents after claiming they had conspired against his government last year. Washington denied the allegations.

Elected in 2005 on a promise to nationalise Bolivia's natural gas industry, Morales has increased the state's presence throughout the economy and expanded benefits for the poor.

In 2006, his reform project nearly failed when an assembly convened to rewrite the constitution broke apart along largely racial lines.

The following year, three college students were killed in anti-government riots, and 13 mostly indigenous Morales supporters died when protesters seized government buildings to block a vote on the proposed constitution in September.

and from The Economist:

A question of rights:
Bolivia's divisive new constitution grants greater rights to indigenous people

Jan 26th 2009 | LA PAZ


THOUSANDS gathered in front of the presidential palace in La Paz, Bolivia’s capital, waving the chequered flag of the country’s indigenous people alongside the national tricolour on the night of Sunday January 25th. The reason for the joyous celebrations was the victory in a referendum on a new constitution designed to give special rights and privileges to Bolivians of indigenous descent. “A new Bolivia is being re-founded” said President Evo Morales, who led support for the new constitution.

Mr Morales, a socialist of Amerindian descent, has followed up his historic victory that made him the country’s first indigenous president with a triumph that will give a greater voice and share of land and resources to the country’s indigenous population. In the throng of miners in tin hats and indigenous women in bowler hats and heavy skirts there was an unmistakable sense of history on the march. After centuries of subservience to the “white” minority, they have mastered the country’s politics and reshaped its guiding documents.

Mr Morales now has the opportunity to increases the role of the state in the economy including tightening central control of the country’s natural resources. The new constitution strengthens the powers of the president and includes a provision that allows Mr Morales to stand for re-election in December. It also protects the coca leaf (cocaine’s raw material), sets the basis for land reform, and grants the regions and indigenous people greater autonomy. Although official results have yet to be declared some 40% of Bolivians do not appear to share Mr Morales’s socialist dream. In fact, opponents claim that the new constitution will impose a dogmatic socialism, curtail human rights and undermine property rights and the rule of law.

As a result, the new constitution has been at the centre of a bitter dispute since its draft was hurriedly approved by a constituent assembly in December 2007. The opposition was excluded from that decision. In response they called a recall referendum last August in a bid to unseat Mr Morales. He emerged with a firmer grip on power: upping the 54% of the vote that he won in the presidential election to 67%, a victory made all the more emphatic by a large turnout.

With a trio of victories under his Andean hat, Mr Morales can feel secure about his popularity at the ballot box. But Bolivia is bitterly divided and the level of unrest in the country is troubling. Mr Morales sees his foes as a racist elite trying to overthrow him while clinging to privileges and denying indigenous Bolivians a rightful share of the country’s natural gas, minerals and land. The opposition accuses the president of trying to divide the country along racial lines.

Mr Morales portrays the political struggle in Bolivia as one between a minority of white (or mixed-race), wealthier Bolivians of European descent, who tend to live in the prosperous tropical lowlands, where the gas and fertile lands are located, and the darker, indigenous people concentrated in the impoverished highland plains. Carlos Mesa, a former president who is aiming for another crack at the job, claims that with the new constitution “the country will be even more chaotic, polarised and more divided.”

The opposition portrays Mr Morales as an autocrat and a puppet of Venezuela’s president, Hugo Chávez. He is accused of leading the country to economic collapse, political mayhem and social chaos. Those feelings have spilled out onto the streets. Soon after the referendum was announced in August, regional governors opposed to the new constitution launched a campaign of civil disobedience that quickly descended into violence, leaving several dead and scores injured.

Despite condemnation of the mayhem the governors remain strong and they managed to push for some modifications to the draft constitution, especially regarding land redistribution and regional autonomy. The rumpus over the constitution is also bringing a more unexpected threat to Mr Morales—from the left. Increasingly, some radical socialists and indigenous groups are turning against Mr Morales for not going far enough. Given the violence that has accompanied the twists and turns of Bolivian politics in recent years Mr Morales should keep his eyes on the streets as well as poring over the results of the referendum.

imprisoned activist leonard peltier beaten upon transfer to different prison

i don't know how common it is for inmates to be beaten upon arrival at a new facility--unfortunately, i wouldn't be surprised if it is fairly routine...BUT that in no way makes it acceptable, and especially disgusting if the violence in prison is not only indirectly fueled by the violence OF prisons as an institution but more directly spurred by the FBI, as Leonard's sister suggests.

all of the following is from PhillyIMC

Leonard Peltier beaten at Canaan Federal Penitentiary, Pennsylvania

by whoisleonardpeltier.info | 01.21.2009

I am so OUTRAGED! My brother Leonard was severely beaten upon his arrival at the Canaan Federal Penitentiary. When he went into population after his transfer, some inmates assaulted him. The severity of his injuries is that he suffered numerous blows to his head and body, receiving a large bump on his head, possibly a concussion, and numerous bruises. Also, one of his fingers is swollen and discolored and he has pain in his chest and ribcage. There was blood everywhere from his injuries.

I am asking you, supporters of Leonard and advocates of justice at this time to help. I don't know what else to do. Please Help!

UPDATES: Jan22 — Don't Stop Calling | Jan24 — Emergency Protest Held for Leonard Peltier in SF

Dear LP Supporters

I am so OUTRAGED! My brother Leonard was severely beaten upon his arrival at the Canaan Federal Penitentiary. When he went into population after his transfer, some inmates assaulted him. The severity of his injuries is that he suffered numerous blows to his head and body, receiving a large bump on his head, possibly a concussion, and numerous bruises. Also, one of his fingers is swollen and discolored and he has pain in his chest and ribcage. There was blood everywhere from his injuries.

We feel that prison authorities at the prompting of the FBI orchestrated this attack and thus, we are greatly concerned about his safety. It may be that the attackers, whom Leonard did not even know, were offered reduced sentences for carrying out this heinous assault. Since Leonard is up for parole soon, this could be a conspiracy to discredit a model prisoner.

He was placed in solitary confinement and only given one meal, this is generally done when you won't name your attackers; incidentally being only given one meal seriously jeopardizes his health because of his diabetes. Prison officials refuse to release any info to the family, but they need to hear from his supporters to protect his safety, as does President Obama. His attorneys are trying to get calls into him now.

This attack on LP comes on the heels of the FBI's recent letter, prompting this attack by FBI supporters as an attempt to discredit LP as a model prisoner. Anyone who has been in the prison system knows well that if you refuse to name your attackers or file charges against them, then you lose your status as a victim and/or given points against your possible parole and labeled as a perpetrator.

It is not uncommon, in fact is quite common for the government to use Indian against Indian and they still operate under the old adage "it takes an Indian to catch an Indian." In 1978, they made an attempt to assassinate him through another Indian man who was also at Marion prison with LP. But Standing Deer chose to reveal the plot to him instead of taking his life in exchange FOR A CHANCE AT FREEDOM. When Standing Deer was released in 2001, he joined the former Leonard Peltier Defense Committee as a board member. He also began to speak on Leonard's behalf until his murder six years ago today. Prior to his murder, Standing Deer confided with close friends and associates that the same man who visited him in Marion to assassinate Peltier, had came to Houston, TX and told him that he had better stay away from Peltier and anything to do with
him.

We are aware that currently, the FBI is actively seeking support for his continued imprisonment of Leonard Peltier and also also seeking support from Native People. So please be aware, and keep Leonard in your prayers. The FBI is apparently afraid of the impact we are having. If they will set him up to blemish his record just before a parole hearing, what will they do when it looks like his freedom will become a reality? We need to make sure that nothing happens to him again!

Please write the President, send it priority or registered mail. Email to Change.gov or email President Obama. Call your congressional representatives and write letters, not email, to them. Do what you can to get the word out to insure that LP is receiving adequate medical attention for his injuries.

I am asking you, supporters of Leonard and advocates of justice at this time to help. I don't know what else to do. Please Help!

Thank you
Betty Peltier-Solano
Executive Coordinator
Leonard Peltier Defense Offense Committee

Also call and request Leonard be treated with dignity and respect.
Canaan Federal Prison
570-488-8000

If you call the prison on Leonard's behalf you will need this register #:

LEONARD PELTIER 89637-132
____________________________________________________

Pursuant to Betty Ann Peltier Solano's letter about her brother,
let the Bureau of Prisons know that the public will hold them
accountable for the safety and well being of Leonard Peltier.

Warden Ronnie R. Holt
USP-Canaan
3057 Easton Turnpike
Waymart, PA 18472
Phone: 570-488-8000
Fax: 570-488-8130
E-mail address: CAA/EXECASSISTANT@BOP.GOV

D. Scott Dodrill, Director
Northeast Regional Office
Federal Bureau of Prisons
2nd & Chesnut Streets., 7th Floor
Philadelphia, PA 19106
Phone: 215-521-7301
E-mail: NERO/EXECASSISTANT@BOP.GOV

Harley G. Lappin, Director
Bureau of Prisons
U.S. Department of Justice
320 First Street, NW, Room 654
Washington, DC 20534
Phone: 202-307-3250
Fax: 202-514-6878

----

My Relatives and Friends,

Last night a change in this country took place that not too long ago many people said would never happen. An African-American was elected to the White House and by a major landslide, which gives him a mandate by the public to fulfill his promises. This landslide indicates the people have placed their hope with this man they call their president for a change in this country.

HOPE. There have been times if I can even recall what it really means to have hope that justice is right around the corner. I've been mislead and disappointed so many times that I would soon see justice and to have it denied upon a technicality in legal appeals. Or like what happened eight years ago. Everyone placed their hope and trust with a couple named Bill and Hillary, but we were betrayed at the last minute. I know that many of my friends, family and supporters were crushed. I began to feel the weight and pressure of a lifetime being unjustly imprisoned began to crowd me into a corner of my cell and then in my mind. But, it was this thing that has been our battle cry for so many years, "In the Spirit of Crazy Horse". I remembered what he stood for and remained a warrior until his last breath. It is a strength that we stand upon when we are right. We were right to be in Oglala and we were right to be prepared to defend ourselves. What wasn't right is that a jury never got to hear any of this testimony, and the rest of the trial was a product of the fabrication and then manipulation of the FBI. This spirit of Crazy Horse is a spirit of being in total resistance to the wrongs perpetuated towards your people, community, family and yourself. Some of us called it outrage, but that is just merely an emotion without resolving the issue. It is when we make a conscious choice to try and balance the wrongs in this society that we are being compelled by this spirit of resistance to stand in defense of the wronged.

That spirit cannot be conquered, and I refused to submit and give in when it appeared there may be no hope It was because of the letters of support and encouragement from so many people that I continued on for another eight years. And now people seem to feel there is a change blowing in the wind and that the election of Obama is a manifestation of that change.

I sincerely hope so, because I am now 64 years old and coming up on my 33 year of being confined and fighting for justice and my freedom, Obama may be my last chance at securing my freedom. If there is one thing I learned from earlier campaigns on my clemency is that he won't just be able to do it by himself. He is going to need your support in the form of public opinion on the case. That isn't going to happen until we can create education and awareness on the circumstances of my case across this country and send letters. Be a Branch Support Group to help create public opinion. My case has to be a national issue on justice denied, it may sound easy, but it isn't. The FBI has been an opposing force in attempting to discredit my cause and that of Native people since they focused their attention on the American Indian Movement in the 1970s. When it appeared that Clinton might actually grant clemency, the agents went and demonstrated at the White House and utilized their resources to create doubt in the mind of Clinton.

So in the national awareness goals of the branch support groups it is going to be your challenge to keep the public interest focused. It is also another hope that with a whole generation of people who were born after my wrongful conviction that there will be a renewed source of energy and actions.

One point that I would like everyone to focus on right now is a "30 year law" regarding my sentence and parole. At the time I was convicted, the guidelines said:

"Any prisoner, …shall be released on parole… after serving thirty years of each consecutive term or terms of more than forty-five years including any life term, whichever is earlier: Provided, however, That the Commission shall not release such prisoner if it determines that he has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime." 28 U.S.C. section 28 U.S.C. §4206(d)

I've served more than 30 years of this sentence and have been considered a model prisoner And the likelihood of committing any crimes is non-existent due to my age and the humanitarian work I've pursued to help my people since my incarceration. According to this law, they have to grant me a parole to my next sentence. But as we've learned from the past, we cannot take anything for granted so your letters should be focused on this law to the parole commission and congressional leaders. If the commission complies with the letter and spirit of this law, we will have made a significant step towards my freedom and we will need to maintain and increase this momentum.

The Committee and I have been discussing several ideas and projects to make this a pro-active campaign. We are currently rebuilding the former LPSG's into LPBSG's. This is necessary due to a breakdown with the former Leonard Peltier Defense Committee. I had to turn to my sister and niece to help me rebuild my defense committee from scratch. We had no files, records, and merchandise. We have not been able to make contact with the former coordinator of the LPDC. We are still hoping to resolve this issue, but until then we needed to keep moving with the campaign.

We still need all of our former contacts and supporters to reconnect with us and to update the information so that my Committee can handle correspondences and contributions. We need everyone who has supported me to contact the LPDOC and sign onto our list serve so that you can be updated with information on progress or activities needed in my campaign.

I will need everyone to work with my Committee and clear any action with the appropriate people within the Committee. It is important that we all work together cohesively, instead of scattering our efforts or resources. We do not intend to discourage ideas or creativity, but we would like to incorporate such ideas into a unified larger effort and not act prematurely on some plans we may have not disclosed due to timing or details being worked out.

Some of the projects we have discussed are conducting rides, walks, runs and events across the country to create this awareness of my case. We are initiating efforts to ask bands and artists to host fundraisers in their area. We've talked about strategies we could undertake to further my cause, but a lot will depend on how quickly people come to form my BSG and start organizing in their area.

I also understand that some of us have personality issues with other people. I hope that many of you can pray or find a way to rise above this obstacle and work together for one common purpose. I would like to see so many of my supporters come together in a show of solidarity. If there really is a change in the air, we will need each other to bring about change in so many other areas. For me it has been about our culture and right to be who we are, but foremost it has been the children and the next generation. WE were supposed to leave a better world behind for them and how much have we accomplished? I know that somehow and someway my sacrifice will not be in vain and that the years I've endured this pain of loneliness and suffering in confinement will make a better world for those children and coming generations. That along with my freedom is my hope, but I will not be able to fulfill it without you. So take a few minutes and educate yourself on the injustices of my case. It may shock and outrage you, but you can do something about it, so join us.

In the Spirit of Crazy Horse,

Leonard Peltier

convenio 169

elana's post about Survival International's Stamp It Out campaign brought my attention to another one of their campaigns, which is urging the UK to sign ILO 169, an International Labor Organization (of the UN) convention on the natural rights of the world's indigenous communities. When I was in Santiago last spring, Chile had still not ratified this piece of international law, even though its contents obviously apply to the country, whose geographic boundaries contain (at least on a map) a Mapuche population of over 1 million--in a country with a population of only 16 million. (for more information on the mapuche, see this site ) Apparently, however, Chile has now ratified el convenio! and is being used as an example to put further pressure on the UK.