Saturday, October 30, 2010

Turkey: Drop Charges Against Transgender Rights Defenders

Five Activists Assaulted by Police, then Charged with Resisting Arrest

(New York, October 12, 2010) – Prosecutors should investigate the attacks against five transgender rights activists by police in Ankara and drop all charges against the activists, five human rights organizations said today. In a letter to Turkey’s Interior and Justice ministers, the rights organizations said that the police officers responsible for the attack should be held accountable and called for an end to violence against toward transgender people.

The five activists from the Ankara-based transgender rights organization Pembe Hayat were arbitrarily detained and beaten by police officers on May 17, 2010. Following a familiar pattern in Turkey, the five were speedily charged with resisting the police, before the prosecutor had concluded an investigation into their complaint of ill-treatment. Their trial is set for October 21. If convicted, they face up to three years in prison.

"Police ought to protect transgender people and their advocates, not attack them," said Hossein Alizadeh, Middle East and North Africa regional coordinator at the International Gay and Lesbian Human Rights Commission. "When police turn into perpetrators, it becomes painfully clear that official apathy allows leeway for attacks on transgender people."

The letter to the Justice and Interior ministers was signed by the International Gay and Lesbian Human Rights Commission (IGLHRC), Human Rights Watch, COC Netherlands, Global Advocates for Trans Equality (GATE), and the European Region of the International Lesbian, Gay, Bisexual, Trans & Intersex Association (ILGA-Europe).

Four police officers from the Esat Police Station stopped the car the in which the activists were riding at about 10:30 p.m. on May 17 and accused them of intending to commit sex work. The women –Yeşim (Duru) Tatlıoğlu, Buse (Bülent) Kılıçkaya, Türkan (Deniz) Küçükkoçak, Selay (Derya) Tunç, and Eser (Nehir) Ulus – phoned for help, prompting 25 local human rights observers to go to the scene. The police forced the five activists out of the car, beat them with batons, kicked them and sprayed them with tear gas. Witnesses told the human rights organizations that the police screamed at the activists, "[f]aggots, next time we will kill you!"

"The Turkish government is turning us trans people into criminals, for no other reason than existing. Being trans in Turkey means being judged and condemned just because of what we are," said Mauro Cabral, co-director of Global Advocates for Trans Equality (GATE). "We are the crime: the government abuses us and forces us to live and die outside of the law, instead of protecting us."

Police handcuffed the women, forced them to kneel, and beat their heads and legs while one policeman told them their activism would not protect them. All five women, visibly bruised, were forced into a police van and taken to the police station. Police held them in custody until the next morning. They were officially charged on June 18, 2010.

"In a situation of clear discrimination, the justice system is treating the victims as attackers," said Boris Dittrich, acting director of the Lesbian, Gay, Bisexual and Transgender Rights program at Human Rights Watch. "Turkey needs police who are willing to protect all its people, including transgender individuals."

In their letter, the human rights groups noted that these events are part of a larger pattern of violence and discrimination against transgender people in Turkey. The organizations asked the government to repeal laws, like the Law of Misdemeanors (No. 5326), that facilitate violence against transgender people and instead to put in place effective legal protections against discrimination.

"We are outraged by the unbridled transphobia in a country aspiring to EU membership and cannot accept the repeated unpunished murders and abuse of the transgender population," said Koen van Dijk, executive director of COC Netherlands. "Turkey should uphold its national obligations to provide adequate protection to all people in Turkey, including the transgender population."

Nine transgender people have been killed in Turkey in the last 20 months alone. The most recent murder was on September 19, when a 28-year-old transgender woman, known as Irem Okan (Mesut Şaban) was stabbed to death in her apartment in Bursa. On February 16, in the Fatih area of Istanbul, an unknown person stabbed Aycan (Fevzi) Yener 17 times and slit her throat. On February 8, an unknown person stabbed to death 35-year-old Derya Y. in her home in the Altındağ district of Antalya.

"Turkey should improve the situation for its trans population and develop a strategy to protect their lives," said Evelyne Paradis, executive director of ILGA-Europe. "Police forces should address their current malpractices and instead foster a culture of working with vulnerable groups."

Read the organizations’ letter to the government of Turkey: http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/resourcecenter/1208.html

Demand an Apology, Accountability, and Compensation for Three Canadians Targeted for Torture

October 21, 2010 marks two years since the secretive Iacobucci judicialinquiry found the Canadian government complicit in the torture of AbdullahAlmalki, Ahmad El Maati, and Muayyed Nureddin.

October 21, 2010 marks 16 months and three days since the StandingCommittee on Public Safety and National Security of the House of Commonscalled for an immediate apology for all thee men, along with compensation"for the suffering they endured and the difficulties they encountered."The committee released a report that also called on the federal governmentto "do everything necessary to correct misinformation that may exist inrecords administered by national security agencies in Canada or abroadwith respect to" the three men and their family members.(full report:http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=4004074&Language=E&Mode=1&Parl=40&Ses=2)

October 21, 2010 marks 10 months and 12 days since the majority of theHouse of Commons voted in favour of an apology, compensation, and otherrecommendations contained in that committee report. The Harper governmenthas refused to abide by the majority demand from the House of Commons.

October 21, 2010 is an important day for Canadians to call on PrimeMinister Stephen Harper and Public Safety Minister Vic Toews to positivelyrespond to the will of Parliament (through the majority vote of December 9, 2009 and the majority findings of the Public Safety committee of June,2009) as well as the findings of the Iacobucci inquiry by apologizing to,providing compensation for, and making accountable the individuals andagencies in Canada responsible for complicity in the torture of AbdullahAlmalki, Ahmad El Maati and Muayyed Nureddin.

Stop Canadian Involvement in Torture is calling on the Government ofCanada to:

a) issue an apology
b) provide compensation
c) correct the false allegations that have tarred the reputations of thesemen
d) ensure that all officials responsible are held accountable
e) take the necessary steps to eliminate false information about these menand their families from Canadian and international databases
f) issue a clear ministerial directive against torture and the use ofinformation obtained from torture.

Join us (see below for further background and steps you can take this week)

BACKGROUND

Abdullah Almalki, Ahmad El Maati, and Muayyed Nureddin are Canadiancitizens who were targetted for torture by agencies of their owngovernment.

All were falsely labelled as alleged threats to Canada's "nationalsecurity," and all wound up in Syrian torture chambers (and, in one case,Egyptian torture chambers as well) where they were interrogated andtortured based on questions that came from Canada. A problematic secretfederal review of their cases (the Iacobucci Inquiry, which unfortunatelyonly heard from government witnesses and excluded the men, their lawyers,the press, and the public from participating) nonetheless found thatCanadian agencies were complicit in the men's overseas detention,interrogation, and torture.

None of those Canadian agencies or individuals responsible for thiscomplicity in torture have been held accountable. No charges have beenlaid, no trials scheduled. In fact, almost everyone involved continues towork for agencies such as the RCMP, CSIS, and the Department of ForeignAffairs. It is in such a culture of impunity that further human rightsabuses are likely to occur.

When the House of Commons Public Safety Committee issued its reportcalling for justice for these three Canadian men, it also recommended that"the Government of Canada issue a clear ministerial directive againsttorture and the use of information obtained from torture for alldepartments and agencies responsible for national security. Theministerial directive must clearly state that the exchange of informationwith countries is prohibited when there is a credible risk that it couldlead, or contribute, to the use of torture."

Despite the mountain of evidence showing Canadian complicity in torture,and despite repeated calls for action to end such complicity, the Harpergovernment has refused to act, and instead continues to portray these menin a negative light. Why would the government of a democratic state haveany difficulty following its international and domestic legal obligationsnever to be involved, directly or indirectly, in acts of torture? And why,rather than apologizing and acknowledging its guilt, does the Harpergovernment continue to act as if nothing has happened?

Involvement in torture ultimately undermines the open, accountable natureof democratic government. Whether it is the government's attempts to hidedocuments showing Canadian complicity in the torture of Afghan citizens,its use of secret hearings to prevent disclosure of the fact that its"national security" cases appear to be based on tortured confessions, orits refusal to acknowledge complicity in the torture of Canadian OmarKhadr in Guantanamo Bay (among numerous other examples), it is clear thatthose who pull the strings in Ottawa are clearly involved in reprehensiblepractices which, if exposed, would shock the conscience of the nation.

TAKE STEPS FOR JUSTICE NOW!

The Federal government will state that such recommendations cannot beagreed to because civil suits are in progress. The Public Safety Committeedisagrees with this position, declaring "The majority of the Committeedoes not agree with the government’s position that issuing apologies caninfluence the course of civil actions. The majority is of the opinion thatthe government must officially recognize the harm caused to theseCanadians." Indeed, the government could end the civil suit processimmediately by fairly addressing the damage that has been inflicted on themen and their families.

While there remain many other tangled webs of Canadian involvement intorture (the case of rendition survivor Benamar Benatta, who still seeks apublic review of his case, the ongoing secret rendition-to-torturehearings taking place in the Federal Courts under the name of "securitycertificates," Canada's involvement in the U.S.-based School of theAssassins, complicity in the torture of people in Afghanistan, among manyothers), we have an opportunity to take immediate steps to ensure a smallmeasure of justice for Abdullah Almalki, Ahmad El Maati and MuayyedNureddin.

TAKING ACTION

1. Please write a polite, simple letter to Public Safety Minister VicToews, copying Stephen Harper and your MP, calling on them to immediatelyapologize for and provide compensation for Abdullah Almalki, Ahmad ElMaati and Muayyed Nureddin, as recommended by the Standing Committee onPublic Safety and National Security as well as the majority of the Houseof Commons.

Please add in as well that you feel officials involved in facilitatingtheir torture need to be held accountable, and that systemic changes arerequired to permanently end further Canadian involvement in torture.Remind them that the committee also calls on " the Government of Canadaissue a clear ministerial directive against torture and the use ofinformation obtained from torture." Please remind them as well that falseinformation about these three men and their families exists in governmentdatabases around the world and here in Canada, and every effort must bemade to erase those lies.

Personalize the letter if you can.

Vic ToewsPh:(613) 992-3128Fx:(613) 995-1049E-mail: Toews.V@parl.gc.ca

Stephen HarperTelephone: (613) 992-4211Fax: (613) 941-6900Email: HarpeS@parl.gc.ca, pm@pm.gc.ca

Contact details of MPs via http://webinfo.parl.gc.ca/MembersOfParliament/MainMPsCompleteList.aspx?TimePeriod=Current&Language=E

More information:Stop Canadian Involvement in Torture, PO Box 2020, 57 Foster Street,Perth, ON K7H 1R0, tasc@web.ca

More details on the men and their cases, plus video interviews:http://sites.google.com/site/endtorturenow/http://homesnotbombs.blogspot.com/search/label/end%20torture

Committee report:http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=4004074&Language=E&Mode=1&Parl=40&Ses=2

Media Advisory: Harper repeats past immigration blunders, targets migrants

Toronto -- No One Is Illegal-Toronto, a grassroots migrant justice group that organizes with undocumented people, refugees and immigrants for access to basic services and for a full and inclusive regularization program, insists that the ‘Preventing Human Smugglers from Abusing Canada’s Immigration System Act’ will further limit people's ability to migrate to Canada and should be immediately scrapped.

"With Canada slamming the door on refugee claimants applying from overseas, the only way for people to come to Canada as a refugee is to apply for status within the country", explains Macdonald Scott, an immigration consultant and a member of the Immigration Legal Committee. "Applying for refugee status in Canada is enshrined in both Canadian and International law - by saying that it’s illegal, and an abuse of the system, Harper is trying to play us all for fools."

In 2008/09 the United Nations set a goal of 560,000 resettled refugees - of these, Canada accepted about 11,000, most of whom were applications from inside the country. At the same time, the United Nations High Commission for Refugees announced that Syria, Lebanon and Jordan accepted 885,000 Iraqi refugees between them. These numbers give lie to Prime Minister Stephen Harper's assertions on October 19th, 2010 that Canada has "the most generous system of sanctuary for refugees in the world."

The United Nations High Commissioner for Human Rights, Navi Pillay, has warned against the use of terms like 'human smuggling' for migration, stating that “the association of irregular migration with criminality promotes the stigmatization of migrants and encourages a climate of xenophobia and hostility against them.”

"Canada has twice before targeted people arriving on ships, turned them back to death and torture, and then apologized for it - why are these past immigration blunders being repeated?" asks Syed Hussan, an organizer with No One Is Illegal - Toronto. “Harper is now using the same logic that sent hundreds of Jewish refugees to their death in Germany in 1938.”

In 1914, Canada turned back the mass arrival of 354 passengers aboard the SS Komagata Maru, some of whom were killed upon their return. In 1938, Canada turned back the mass arrival of 937 Jewish refugees abroad the S.S. St Louis, most of whom perished in the holocaust. In 1995, Prime Minister Jean Chrétien agreed that Canada "turned its back" on those abroad the SS St Louis. On August 3, 2008, PM Stephen Harper apologized for turning back the Komagata Maru.

"The United Nations High Commission on Refugees, Amnesty International, the World Organization Against Torture, Oxfam have all criticized and condemned Australian immigration policies, particularly its response to migrants arriving by boat", adds Scott. "Of all the places in the world, why is Canada turning to Australia for solutions?", he asks.
Minister Jason Kenney recently travelled to Australia to learn about their immigration system.

As far back as January 2002, 60 migrants detained upon arrival in Australia physically sewed their mouths shut in protest against their treatment. The World Organization Against Torture has called Australian immigration policies "discriminatory, repressive, unworkable and in contradiction with international standards and law".
]
"Smearing refugee claimants and migrants as ‘smugglers’, targeting people arriving on ships, and taking cues from the worst immigration policies in the world are a willful repetition of past wrongs that have been consistently condemned and criticized", Hussan adds. "It is essential that this Act be thrown in the dustbin of history lest it comes back to haunt Canada and another apology has to be issued in the future.”

Defenders of the Land Call Out

Indigenous Sovereignty Week 2010: Indigenous resistance and revival

Called by Defenders of the Land last year, the first Indigenous Sovereignty Week was a huge success, taking place in 2 dozen cities, towns, and communities across Canada. Building on that success, and a year that has seen continuing land-based struggles to defend Indigenous lands and rights, and growing mobilization for Indigenous rights in cities, Defenders of the Land is calling for a second Indigenous Sovereignty Week to take place in communities across Canada from November 21-27.

Communities and groups should organize their own events according to their capacity; this may mean holding Indigenous Sovereignty Week at a different time. Defenders of the Land may be able to provide materials for presentation, and may be able to make available or facilitate contact with speakers.

We have in mind that this work will reach different audiences: Indigenous people living in communities, urban Indigenous people, and non-Indigenous people living in cities and towns. Events may take place on campuses, in community centres, in schools, or other locations.

The purpose of this week is to build local relationships between groups and individuals, disseminate ideas of Indigenism, and generally, contribute to building a cross-Canada movement for Indigenous rights, self-determination, and justice that is led by Indigenous communities but with a broad base of informed support.

There will be a range of events, including speaking events, cultural or arts events, and ceremony where appropriate. Speakers will include activists and leaders of struggles, elders, Indigenous intellectuals, and supporters.

Canada's Indian policy in 2010

This year, the Canadian government has renewed an aggressive policy of assimilation of Indians. Despite all the apologies and high-minded words from elected officials over the last few years, this policy is the same Indian policy the government has pursued since the 1850s. From Tom Flanagan and the Fraser Institute, there is a push for privatization of reserve lands and conversion of Aboriginal title into fee simple on a small percentage of traditional territories. The comprehensive claims process and the regional treaty tables continue to push First Nations towards extinguishment of title using a range of carrot and stick tactics. Indigenous Peoples who fight back too hard against the assimilation agenda, like the Algonquins of Barriere Lake, are targeted for special repression.

However, Indigenous Peoples across Canada are not backing down in their demand for respect for Aboriginal title and rights. Increasingly, bands are dissatisfied with the comprehensive claims process, which results in permanent extinguishment of title in exchange for a small amount of cash and a fraction of the land rights. Communities from coast to coast are continuing to assert their rights to self-determination, and choosing to chart their own destiny, insisting on consent for resource extraction and industrial activity on their lands, and insisting on their right to choose how they will govern themselves. The national chief of the Assembly of First Nations is calling for the elimination of the Indian Act and the refounding of the relationship between First Nations and Canada on a basis of Aboriginal and treaty rights.

Defenders of the Land is calling on communities across Canada to explore the themes of resistance and revival in the face of the government's assimilation agenda. We are suggesting education and exploration of the following themes:

* Understanding and exposing the government's fundamental strategy of assimilation and extinguishment, and the ways in which this is implemented: through the comprehensive claims process, through the Indian Act, and through Indian Affairs. How does Indian Affairs work to pressure, shape, and control the choices of individual Indians and First Nations? What are some practical case studies of Indian Affairs' actions? How do we expose the very colonial character of Indian Affairs to a broader public?

* Exploring alternatives to the present colonial infrastructure. Shawn Atleo has called for abolition of the Indian Act, but right wingers will also seize on this to replace the Indian Act with fee simple and assimilation policies. What is a viable, concrete alternative that respects Aboriginal and Treaty rights? These questions could be explored through the presentation of a range of concrete alternatives and concrete strategies for achieving them.

* Exposing the Canadian Boreal Forest Agreement signed this past year - a deal between ENGOs and industry without involvement of First Nations on the excuse that there are "too many of them to consult". The deal has serious implications for Indigenous Title and Rights but does not even mention the UN Declaration on the Rights of Indigenous Peoples, and its language on Indigenous rights is very weak.

* Understanding the importance of language and cultural renewal, and traditional governance, to Indigenous resistance and self-determination.

* What does it mean for supporters to act in solidarity? What are the dangers of people getting engaged to get something out of it for themselves? How do we recognize and talk openly about the challenges of building relationships of solidarity? What do people need to know to enter into constructive relationships of solidarity, and not impose a further burden, or their own ideological agenda, on First Nations?

We are suggesting that organizing groups may like to develop some of these themes in relation to specific communities. For example, the situation in Barriere Lake can be used as a launching point for a discussion of the Indian Act, the role of Indian Affairs, third party management, and the importance of traditional governance in resistance. Fish Lake could be used to discuss Aboriginal Title, the question of consent, and the comprehensive claims process.

Defenders of the Land maintains that political activism, culture, economy, and language should all be seen as part of the overall picture of resistance and renewal - one aspect should not be highlighted to the exclusion of the others; rather, all should be seen as integral and interrelated.
We encourage ISW organizing groups to explore issues at a range of depths, and not only to stay at the "101" level where a lot of activist education stalls, but to actually grapple with difficult and
important questions for movement building.

We encourage the leadership of First Nations in this process, both on the land, and in urbanized settings, recognizing that there are tensions and limitations. How do people in different locations relate differently to the land? How do we connect urban and land issues? How do urban and rural Indigenous people relate to non-Native communities? How can urbanized Indigenous people participate in supporting land-based struggles and in a broader movement for Indigenous rights? Some of these themes might be explored in private, Native-only or mixed workshops leading up to the week of educationals. The question of solidarity and relationship building with non-Natives could be tackled through one or two-day symposia involving Native and non-Native organizers.

If you are interested in organizing educational events in your community during this week, please contact us by email at defendersoftheland@gmail.com. We will add you to a list to cooperate on developing and organizing this event. Communities can plan their own programs according to their needs and capacities--the purpose of a joint organizing list is to share resources and coordinate speakers' itineraries for example.

You can find out more about Defenders of the Land at our website: http://www.defendersoftheland.org

Defenders of the Land is a network of First Nations in land struggle working with urbanized Indigenous people and non-Native supporters in defense of Indigenous lands and rights.

Migrant Justice Organizer Urgently Needs Support

Dear friends,

In the fallout from the G20 protests, the police and the courts havemade chilling moves to further criminalize dissent and curtail civil rights. The situationof Toronto community activist and migrant justice organizer Syed Hussan is anurgent case in point. Not only must Hussan endure punitive bail conditions,including house arrest, as a result of criminal charges related to theprotests. To make matters considerably worse, he is also dealing with a series ofimmigration-related problems: his application for a renewal of his work permit hasbeen denied, as has his request to briefly enter the U.S. in order toapply for a student visa in Canada so that he might take up an offer of admissionto an M.A. program. As a result, Hussan confronts the real threat of beingsubject to a deportation order while he awaits trial for the next year and a half ormore. Were this to happen, he would be deprived of the right to work, toattend university, and to earn an income, all the while knowing that, even shouldhe be acquitted, he will be deported from Canada.

For those of us resisting the criminalization of dissent, all of the G20 accused deserveour support, including our financial contributions. But Hussan?s case is uniqueand especially urgent, as he must fight complex legal battles involving boththe criminal justice and immigration systems. We are appealing to allsocial justice supporters to help prevent these two levels of government fromdepriving a dedicated community organizer of basic human rights. It isimperative that we do not allow precarious status in Canada to be used as ameans of political punishment. Not only would this be a blow to Hussan; itwould also send an ominous message to all activists without status. For thesereasons Hussan and his supporters are committed to ensuring he gets top-notchlegal representation. But none of this comes cheap. Before all the dustsettles, Hussan?s legal costs could eclipse $60,000.

That is where people like us come in. One of the indispensable things we can doright now is to support crucial fundraising efforts on behalf of Hussan and theother community organizers facing G20 related charges.

Yours in solidarity,
David McNally

ACTIVISTS SUE UNIVERSITY OF TORONTO AND TORONTO POLICE

Two University of Toronto alumni and former UofT Governors have launched a lawsuit against the Governing Council of the University of Toronto, the Toronto Police Services Board, and numerous U of T officials and Toronto police officers for cracking down on peaceful dissent.

In March 2008, a group of students and concerned citizens held a protest at Simcoe Hall, home of U of T’s administrative offices. Toronto Police, in consultation with University of Toronto officials, arrested 14 of those people (dubbed the “Fight Fees 14”), including the Plaintiffs Oriel Varga and Christopher Ramsaroop, and charged them with “forcible confinement” and other serious charges. The two plaintiffs bringing this action, successfully beat their charges under s.11 (b) of the Canadian Charter of Rights and Freedoms (the right to a trial without unreasonable delay), 17 months after charges were laid. To date the charges against all fourteen have been withdrawn, stayed or dropped.

The University of Toronto threatened Varga, Ramsaroop, and many of the “Fight Fees 14” with potential disciplinary measures under the Code of Student Conduct, but these were not pursued after the criminal charges fizzled. Oriel Varga, who is currently a law student at Osgoode Hall Law School, was not even in Simcoe Hall at the time that the “forcible confinement” allegedly occurred. Nevertheless, the police charged her, jailed her, imposed draconian bail conditions, and caused her to be prosecuted, until the judge stayed the criminal charges over a year later.

“I believe the UofT administration and the Toronto police targeted certain student leaders to lay charges against them and send a chilling message that dissent will not be tolerated on campus," said Varga. “In a democratic society ruled by the Charter of Rights, the public must be able to question and critique institutional decisions and practices without being bullied and criminalized by public institutions like a university or the police. They must be held accountable for breaching the Charter that they are supposed to uphold."

In June 2010, the police arrested and imprisoned over a thousand peaceful protestors during the G20 Summit. Varga notes, “Before the police trampled on the public’s Charter rights during the G20 summit, they practiced on us.”

The lawsuit claims that the Defendants breached their fundamental rights and freedoms under the Canadian Charter of Rights and Freedoms, including their freedom of expression, peaceful assembly and association, their right to liberty, and their right not to be arbitrarily detained or imprisoned. It also claims damages for conspiracy, malicious prosecution, false arrest and imprisonment, and negligence.

More information at: http://fightfeescoalition.blogspot.com/

Proposed Immigration Act jails refugees, separates families, keeps people sick

Stephen Harper and Jason Kenney have proposed a new Immigration Act, Bill C-49. It would allow the Minister of Public Safety to declare any group of migrants coming in to Canada, a 'smuggling incident'. There is no definition of a 'smuggler' in this Act.

For the asylum seekers who are declared part of an incident (which could be anyone making a refugee claim in a groups of 2 or more), the Conservative government wants to:

  • Jail them for a minimum of one year
  • Deny access to health services
  • Deny monthly detention reviews, allowing migrants in jail a chance to gain freedom only once every 6 monthsBe able to revoke people's refugee status after it has been granted by the refugee determination process
  • Ban applications for permanent residence for five years after gaining refugee statusBar people from reuniting with their families for five years after gaining refugee status
  • Stop people from leaving Canada for five years after gaining refugee status
  • Deny the right of appeal to a rejected refugee claim
  • Put in an ex-CSIS director and the man responsible for police brutality during the G20 as a special advisor on human migration

This is an absolute outrage. This Act is now at second reading in Parliament and must be stopped.

It is imperative that people across Canada are aware of this bill and its implications. Please call, fax and email your Member of Parliament (details follow) and ask your friends and colleagues to do the same.

Insist that:

  • Jailing refugee claimants is ruthless, punitive and absolutely unjust
  • We want refugee claimants, asylum seekers and migrants to come to Canada
  • Canceling a refugee claim after it has been granted is absurd and illegal
  • Ministers having absolute power to call anyone a criminal will give rise to absolute corruption This Act contravenes the Charter of Rights and Freedoms and breaks the objectives of family reunification within the Immigration and Refugee Protection Act.
  • This Act is also in violation of the 1951 Refugee Convention, the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child, all international treaties Canada is a signatory to.

(Get more ideas from the mainstream articles and other statements linked below)

With Canadian and other western economies responsible for displacement of millions of people through war, economic turmoil and environmental havoc, there has been an intense spike in people migrating in search for physical and economic security. As movements struggle to stop war, cease capitalist exploitation and halt environmental degradation, it is imperative that we resist the militarization and closing of borders that will limit the ability of communities in turmoil to seek safety.

TAKE ACTION!

  1. Participate in the Call/Email/Fax Campaign to the Government and your MP. State your support for the refugees in Canada and denounce the government for spreading unsubstantiated racist lies. Demand that Bill C-49 be scrapped. You can also refer to articles and statements listed below.
    To find out who your MP is and where to write them: http://www2.parl.gc.ca/Parlinfo/Compilations/HouseOfCommons/MemberByPostalCode.aspx?Menu=HOC
  2. Have your organization, traditional council, union, community group, or artist collective write a short public statement/press release of support of migrants and against Bill C-49. Citizenship and Immigration Canada engineered dozens of press releases the day after Bill C-49 was proposed from 'community groups'. It is imperative that we counter this propaganda. Please email a copy to nooneisillegal@riseup.net
  3. Always take a minute to write letters to the editor and comment on news stories – make a difference in public conversation! Reinforce your support for migrants, demand that Bill C49 be scrapped and condemn irresponsible reporting including repeating unsubstantiated lies. All letters must be short (100 words), include name, mailing address and daytime phone number of the writer; state “Letter to the Editor” in subject; and content should be in the body of the email.
    Globe and Mail: letters@globeandmail.comToronto Star: lettertoed@thestar.ca National Post: letters@nationalpost.com 24 Hours: news@sunmedia.caMetro News: http://www.metronews.ca/toronto/contactusNow Toronto: letters@nowtoronto.comEye Weekly: letters@eyeweekly.com
  4. Invite a speaker to your next meeting. Email nooneisillegal@riseup.net and we would be happy to attend or suggest speakers, as well as provide educational materials.
  5. Join our low-traffic email announcement list to receive news and events. You can subscribe yourself by emailing nooneisillegal-subscribe@lists.riseup.net. Our Facebook group is http://www.facebook.com/group.php?gid=2232590266.Visit our website regularly for updates http://toronto.nooneisillegal.org

Articles & Statements Condemning Bill C-49

Making history: First Nations academic think tank

UOI OFFICES, Curve Lake FN (October 28, 2010) – History will be made on December 1, 2010 when a unique think tank led by First Nations academics is brought together through a dynamic partnership between the Union of Ontario Indians (UOI) and Ryerson University’s Centre for Indigenous Governance.

There are hundreds of federal and provincial reports that highlight the critical gap in the educational achievement levels between First Nations and non-aboriginal Canadians.

“The challenge to date has been that these working groups and reports have had a high participation rate and influence by governmental bureaucrats that has left these reports subject to federal or provincial interpretation and analysis,” said Union of Ontario Indians Education Director, Murray Maracle.

“The ultimate goal of the think tank is for First Nation academics to provide strategic guidance and innovative ideas about how First Nation Governments can address education and specifically post-secondary education,” he said.

Dr. Pamela Palmater, Chair for Ryerson University’s Centre for Indigenous Governance stressd that this event is non-political in nature and not coordinated by federal or provincial governments.

First Nations education has been described as one of the keys to nation-building and this preliminary joint academic think tank will keep the momentum going.

The Anishinabek Nation established the Union of Ontario Indians as its secretariat in 1949. The UOI is a political advocate for 40 member communities across Ontario, representing approximately 55,000 people. The Union of Ontario Indians is the oldest political organization in Ontario and can trace its roots back to the Confederacy of Three Fires, which existed long before European contact.

Friday, October 22, 2010

What’s left of our lands is not for sale: Madahbee

UOI OFFICES (October 21, 2010) – Federal legislation to permit the privatization of reserve land is a recipe for disaster that avoids dealing with the root causes of First Nations poverty, says Anishinabek Nation Grand Council Chief Patrick Madahbee.

"Under the pretense of creating more economic opportunities for our citizens, the Harper government is trying another end-run around Canada's promises and obligations to work with us to build stronger communities. If they want to help us develop our own economies, they can speed up addition-to-reserve processes, and look at ways we can re-zone reserve land for industrial use, or establish off-reserve industrial parks with tax advantages for our business partners.

"Canada allowed most of our traditional territories to be stolen out from under us, which is why there is a backlog of over 800 land claims," said Madahbee, speaking on behalf of the 40 member communities of the Anishinabek Nation in Ontario. "Now the federal government itself is getting into the land-grab business. They're trying to ram through a law that could result in the loss of what postage-stamp properties we have left. Our reserves are not for sale."

The Grand Council Chief said that such legislation would provide land speculators unprecedented opportunities to acquire ownership to lands that the Canadian Constitution says are reserved exclusively for First Nation use.

"A federal attempt to privatize lands reserved for First Nations is like real estate agents charging commission on properties not even listed with them," said Madahbee, who said he is not impressed by the fact that Ottawa has found some First Nations disciples for their privatization plan.

"It's the same old divide-and-conquer strategy they used 150 years ago to take our lands. You can always find someone who says they got a great education in residential school, or who thinks we should try to turn all our citizens into Bay Street tycoons. But in their enthusiasm, those people usually forget two important steps: first, we have to be involved in all decisions affecting our future and, secondly, governments have to start getting serious about sharing the resources with us that the treaties have helped them enjoy."

The Anishinabek Nation established the Union of Ontario Indians as its secretariat in 1949. The UOI is a political advocate for 40 member communities across Ontario, representing approximately 55,000 people. The Union of Ontario Indians is the oldest political organization in

Ontario and can trace its roots back to the Confederacy of Three Fires, which existed long before European contact.

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For more information contact:

Marci Becking
Communications Officer
Union of Ontario Indians
Phone: (705) 497-9127 (ext. 2290)
Cell: (705) 494-0735
E-mail: becmar@anishinabek.ca
Follow AnishNation on Twitter

Thursday, October 14, 2010

Migrant Workers March in Historic Pilgrimage to Freedom

Watch the video: http://www.youtube.com/nooneisillegal#p/u/0/tsC1Bt-eSJg

On Sunday October 10, 2010 migrant agriculture workers, accompanied by allies from across Ontario participated in a grueling 50 km walk, from Leamington to Windsor Ontario. Organized by Justicia for Migrant Workers, the march was a grassroots effort led by migrant workers.

Beginning at 7am, the exuberant and historic "Pilgrimage to Freedom" demanded immigration status for all, an end to exorbitant recruitment fees, better housing, safe working conditions and an end to racism and sexism in the workplace.

Making stops at local politicians offices and the Canadian Border Services Agency, the march ended nearly over 12 hours later at the Underground Railroad Memorial in Windsor to mark, honor and be inspired by the resilience of migrant and indentured workers that have slaved in exploitative conditions over the centuries, yet have still fought back, and have still survived.

For pictures and videos, visit: http://j4mw.tumblr.com
For a Toronto Star Op-Ed by Justicia organizers, read: http://www.thestar.com/opinion/editorialopinion/article/872459--no-thanksgiving-for-migrant-workers

Northern Superior Chiefs to develop consultation protocol

OFFICES, Fort William First Nation (October 14, 2010) – Anishinabek Nation leadership in Northern Superior Region say that there has been no consultation with First Nations in the excavation of thousands of 9,000 year-old artifacts being shipped to Lakehead University and have plans to develop a consultation and accommodation protocol.



Regional Grand Chief Peter Collins says that while the current archaeological site excavation is nearing completion, additional related sites have been identified and the time is now to set up the protocol.



“We are proposing in-depth consultation and accommodation in any future endeavors,” said Chief Collins. “The Northern Superior Chiefs, with support from the Union of Ontario Indians, will create a regionally-based consultation protocol to include all traditional territories. This protocol will be presented to both federal and provincial government offices.”



At the current archaeological site in Thunder Bay, First Nations in the Northern Superior Region should have been consulted and involved with any decision-making, planning and involved with the recovery of artifacts.



“Any significant archaeological discovery within the traditional territories requires immediate and meaningful consultation by all parties involved,” said the regional Chief. “While the Northern Superior Chiefs recognize the impact that finds may have on development in the area, it is important to know that the artifacts are tied to our history and people. Government has a responsibility of consultation.”



The Anishinabek Nation established the Union of Ontario Indians as its secretariat in 1949. The UOI is a political advocate for 40 member communities across Ontario, representing approximately 55,000 people. The Union of Ontario Indians is the oldest political organization in Ontario and can trace its roots back to the Confederacy of Three Fires, which existed long before European contact.

Wednesday, October 13, 2010

Grassy Narrows Clan Mothers Notice

October 6, 2010
Re: Road work on our territory.

To whom it may concern:

Our community is repairing washouts and beaver damage to nearby back-roads to facilitate our ongoing use and enjoyment of our traditional territory. The back roads are used by Grassy Narrows members to access hunting, trapping, wild rice and berry picking areas, medicine gathering and ceremonial site access, and for access to the Ball Lake fishing lodge. For generations the lodge has been a key source of employment for our community, but since the mercury poisoning of the English-Wabigoon River System the lodge has had minimal economic development benefits for us.

We the grandmothers, mothers, and clan mothers of the Anishinabek will be at the Slant Lake blockade site to make sure there is safe passage for the road workers to enter into our natural territories and to make sure there is no harassment of any kind from any person or organization so the workers can complete their work as instructed by our people.

We the indigenous peoples of this land sanction the work of these road repair people in any shape or form. Any question on work activities will be directed directly to us at the blockade site and no form of communication or harassment will be handled by the workers.

As our community stated in our moratorium call on January 17, 2007:

From time immemorial we, the Asubpeeschoseewagong Anishnaabek (Grasy Narrows Oijibway) have occupied, cherished, and gained sustenance from, our traditional territory. This land is integral to our identity and existence as Anishnaabe people. As the Indigenous people of this area, we retain our language, our culture, our land, our governance, and our spirituality. On this basis we assert our innate sovereignty and our inalienable right to self determination on our traditional lands. Our land and these inherent rights are given by the Creator and only the Creator can take them away.

In addition to these inherent rights we also have rights recognized in the UN Declaration on the Rights of Indigenous Peoples, other international and national law, in our treaty, and in Supreme Court of Canada rulings.

We the Anishinabek have never given up jurisdiction on our natural territories. We agreed to share the lands with the newcomers, but we will never give up our inherent right to use and protect the land, water and the forests.

We never agreed to be subject to Provincial permitting processes that restrict our access and use of our own territory. Even the Canadian courts have recognized this right. Our people have fought and won on the question of using our territory without permits (in constructing cabins) in Sundown, and Meshake, and the Crown recognized this fact by dropping charges in Red Lake against Keesick.

In spite of this Ontario again claims that we need a permit and threatens to stop our road repairs. Ontario claims that the permits are for the safety of people and the environment. The same province that permitted Reed Paper to dump 20,000 pounds of mercury into our river, decimated our fishing livelihood and culture, and still refuses to acknowledge our mercury poisoning, claims to be stopping minor road repairs for our safety and for the fisheries act? The same government that permitted the industrial clearcut logging of the forests we depend on, the aerial spraying with herbicides, and who still refuses to respect our right to say no, claims to be protecting our environment?

This hypocracy is so flagrant it is shameful. It is an attempt to rob us of our livelihood, our health, and our culture.

We have had enough of your permits. They serve only to protect the profits of the corporations, they have never protected us or the environment.

We will never cease fulfilling the duty given to us by the Creator to use and protect our land, air, and water.

The road repairs are part of a process of reclamation and revival for Grassy Narrows where our people are using the land on our territory to empower ourselves, to sustain our families, revive our culture and heal our community. We are rebuilding what has been taken away from us by decades of provincial permits.

We demand that the government immediately take responsibility for the mercury poisoning of our people and correct this injustice once and for all. We demand that industrial logging cease on our territory. Enough harm has been done to our people, we will take of our territory and determine our own future.

The MNR attempt to stop maintenance of the roads is an attack on our community’s self sufficiency. It is another attempt by the Province to assert unilateral control over the Territory in violation of our inherent and treaty rights.
We will not allow it.


The Clan Mothers of Grassy Narrows

October 10th Headlines

NATO Convoy Torched in Pakistan as US Apologizes for Fatal Attack
Pakistani militants continue to strike convoys carrying fuel for NATO troops in Afghanistan. On Wednesday, at least fifty-five trucks were set ablaze in northwest Pakistan, hours after an earlier attack that destroyed eight tankers near the southwest city of Quetta. Attacks on the tankers have soared since the Pakistani government blocked a NATO supply route after three of its troops were killed in a cross-border US attack last week. The US has formally apologized, saying the soldiers were mistaken for Taliban fighters. NATO spokesperson Joseph Blotz meanwhile said the convoy attacks won’t impact the Afghan war effort.

Joseph Blotz: "We do have plenty of supplies and stocks within Afghanistan. We do have access to transports and logistics through other border crossing points to Pakistan, but also to neighboring countries in the north. So there is no danger for the ongoing future ISAF operations."

Panel: Admin Censored Disclosure of Spill Size
A federal panel has revealed the Obama administration deliberately prevented government scientists from disclosing the full extent of the BP oil spill. On Wednesday, the national oil spill commission released documents showing the White House budget office denied a request to make public the National Oceanic and Atmospheric Administration’s worst-case estimate for the spill size. Despite receiving internal warnings the well was spewing between 2.7 million to 6.8 million gallons of oil a day, government officials repeatedly publicized a figure of 210,000 gallons a day.

Citing Coerced Testimony, Judge Bars Witness at Gitmo Trial
The first civilian trial of a former Guantánamo Bay prisoner has been delayed after a federal judge ruled prosecutors can’t call a key witness to the stand. The prisoner, Ahmed Ghailani, has pleaded not guilty on charges surrounding the 1998 embassy bombings in East Africa that killed 224 people. On Wednesday, District Judge Lewis Kaplan barred a Tanzanian man who says he sold weapons to Ghailani on the grounds he was tracked down as a result of Ghailani’s coerced statements under CIA interrogation. Defense attorney Peter Quijano praised the decision.

Peter Quijano: "Judge Kaplan ruled today that the Constitution is the rock upon which our nation rests. We could not agree more with the court. This case will be tried upon lawful evidence, not torture, not coercion. It is the Constitution that won a great victory today. We applaud the court for its courage and support for the law."

Ohio AG Sues Ally Financial for Foreclosure Fraud
Ohio has filed suit accusing the lender Ally Financial and its GMAC Mortgage division of fraud in approving scores of foreclosures. It’s the first suit of its kind in the widening scandal over the improper approval of thousands of foreclosures by some of the States’ largest banks. Ally as well as Bank of America and JPMorgan Chase have suspended foreclosures in twenty-three states after admitting to authorizing foreclosure affidavits and other documents without proper vetting. Speaking to Bloomberg News, Ohio Attorney General Richard Cordray said Ally’s alleged fraud was widespread.

Richard Cordray: "Everything that we have seen indicates that there may have been thousands of cases where they systematically defrauded the court by filing affidavits under oath that claimed personal knowledge where the signer did not have that knowledge. In an individual case, if an attorney filed a false affidavit, that would be—result in swift and severe sanctions, disciplinary misconduct and so forth. The fact that this may have done on a mass scale is pretty breathtaking to us."

North Carolina Attorney General Roy Cooper also announced Wednesday he’s begun investigating fifteen lenders, including Ally, and has asked them all to freeze foreclosures during the probe. Attorney General Eric Holder meanwhile said the Justice Department is looking into the improper foreclosures.

Wells Fargo Reaches $770M Settlement for Deceptive Loans
The banking giant Wells Fargo has agreed to modify over 8,700 mortgages to settle claims it deceptively pushed crippling loans on borrowers in eight states. Under the deal, Wells Fargo will spend over $770 million to restructure the loans over a three-year period. Despite admitting to misleading customers, Wells Fargo also announced it won’t stop foreclosures and will proceed with evictions.

JPMorgan Chase Agent Breaks into Home of Borrower
A Florida woman has revealed an agent hired by her bank broke into her home after she fell behind on her mortgage payments. Nancy Jacobini of Orange County was inside her home when she heard the intruder. Thinking she was being burglarized, Jacobini called 911.

Dispatcher: "Do you hear somebody trying to open the front door?"

Nancy Jacobini: "Yes, yes."

Dispatcher: "Ma’am?"

Nancy Jacobini: "My alarm is going off."

Dispatcher: "OK."

Nancy Jacobini: "He’s in. He’s in the house."

Dispatcher: "He’s in the house?"

Nancy Jacobini: "Yes."

The intruder turned out to be an employee hired by Jacobini’s bank, JPMorgan Chase, to change her locks. But Jacobini was only three months behind on her payments and wasn’t in foreclosure. Chase has apologized for the incident. Jacobini has hired an attorney to pursue legal action against the bank.

US Deportations Hit Record 392,000
New figures show the US deported a record 392,000 undocumented immigrants last year. Just under half were people convicted of criminal activity.

FBI Arrests 133 in Puerto Rico Corruption Probe
The FBI has arrested 133 people, including over ninety law enforcement officers, in a sweeping anti-corruption operation in Puerto Rico. The US Attorney for Puerto Rico, Rosa Emilia Rodriguez-Velez, helped unveil the charges in Washington.

Rosa Emilia Rodriguez-Velez: "Because we are faced with the disconcerting reality that drug trafficking has invaded the sanctity of our state and municipal police departments. Badges were sold and honor was compromised for drug money many times during this investigation."

It’s said to be the largest police corruption probe in the FBI’s history.

Clinton Vows Delivery of Stalled US Aid to Haiti
Former President Bill Clinton is vowing that hundreds of millions of dollars in delayed US aid is finally on the way to Haiti. Speaking after a tour of camps housing thousands of refugees, Clinton said he expects the US to release most of the $1.15 billion it’s yet to deliver in the next week. The Associated Press revealed last week that Republican Senator Tom Coburn has held up over $900 million in congressionally approved aid over objections to a $5 million provision to create the office of a US coordinator for Haiti policy. Clinton and Haitian Prime Minister Jean-Max Bellerive also said Haiti’s reconstruction commission had approved over $700 million in new projects.

Bill Clinton: "We are going to now move to be much more strategic and emphasize the areas of greatest need: the housing, the rubble removal, the jobs. We still have many schools to build, many teachers to train, many learning materials to get, and a plan that will have universal enrollment. That’s the most important thing, but we need a lot of money for it."

Cuba Commemorates 1976 Airliner Bombing
Cuba marked the thirty-fourth anniversary of the bombing of Cubana Flight 455 on Wednesday with a call for the US to extradite the key suspect. Seventy-three people were killed in the October 6, 1976 attack, which was the first and only mid-air bombing of a civilian airliner in the Western Hemisphere. Speaking before relatives of the victims, Cuban President Raúl Castro called on the Obama administration to extradite the anti-Castro Cuban exile and CIA operative Luis Posada Carriles.

Cuban President Raúl Castro: "The government of Cuba asks President Obama or whoever is in charge of the fight against terrorism to act firmly and without double meanings against those who from the United States have and continue to perpetrate terrorist acts against Cuba."

Castro also called for the release of the Cuban Five, who are serving lengthy sentences in the US for trying to monitor violent right-wing Cuban exile groups responsible for attacks inside Cuba.

Nobel in Chemistry Awarded to US, Japanese Scientists
A US and two Japanese scientists have been awarded the Nobel Prize for Chemistry for developing a chemical research tool known as "palladium-catalyzed cross-coupling." Richard Heck, Ei-ichi Negishi and Akira Suzuki invented the tool to allow scientists to build chemicals that can aid in the production of pharmaceuticals and electronics. Nobel committee member Astrid Gräslund compared it to a Lego toy.

Astrid Gräslund: "It is about joining carbon atoms together in a way that you want to do. So if you want to say it in very simple words, you could say it’s like building a Lego toy, and you want to join two pieces together and you want to decide how and what to do with them, so this is what this reaction does. You decide, and it simply performs for your chemical reaction."

Supreme Court Hears Arguments in Anti-Gay Funeral Protests
The Supreme Court has heard arguments in the case of a Pennsylvania man challenging a homophobic church that held a protest at his son’s military funeral. The father, Albert Snyder, initially won a $5 million judgment against the Westboro Baptist Church, which demonstrates outside military funerals to publicize its anti-gay views. Church members believe that military deaths are God’s punishment for homosexuality in the United States. A federal appeals court overturned the $5 million penalty last year after ruling the church’s First Amendment rights were violated. Earlier this year, the court ordered Snyder to pay Westboro over $16,000 to cover the costs of its successful appeal. On Wednesday, Snyder said the church’s actions shouldn’t be considered an issue of free speech.

Albert Snyder: "In my opinion, speaking as a father, the Phelps and the Westboro Baptist Church conduct was so extreme, it went beyond all possible bounds of basic human decency, that it can be regarded as utterly intolerable in a civilized nation. All we wanted to do was bury Matt with dignity and respect."

Poll: Two-Thirds Back Minimum Wage Hike
A new poll shows two-thirds of Americans support raising the minimum wage from $7.25 to $10 an hour. According to the Public Religion Research Institute, the number includes 51 percent of Republicans.

Students to Hold National Day of Action to Defend Public Education
And students across the United States walked out of classes on Thursday as part of the National Day of Action to Defend Public Education. The call for nationwide protests originated in California following last November’s student strikes and building takeovers. Tens of thousands of people took part in the first national day of action in March.

Peruvian Novelist Llosa Wins Nobel Prize in Literature
Peruvian Mario Vargas Llosa has won the 2010 Nobel Prize in Literature. Llosa is one of Latin America’s leading novelists and essayists. He rose to prominence in the 1960s. Some of his best-known novels include The Green House and The War of the End of the World.
Report: Afghanistan and Taliban Enter Peace Talks
The Afghan government and the Taliban have reportedly begun secret, high-level talks over ending the Afghan war. According to the Washington Post, Taliban representatives have recently met with officials from the government of Afghan President Hamid Karzai. At least one session was reportedly held in Dubai. There are differing accounts of the scope of the talks, but sources say the Taliban negotiators are for the first time speaking on behalf of the Pakistan-based Taliban group Quetta Shura and its leader Mohammad Omar. Another Pakistani-based faction, the Haqqani group, is said to be excluded from the talks.

Afghanistan Begins Disbanding Private Military Firms
The Karzai government, meanwhile, says it’s begun closing down the operations of private military firms in Afghanistan. Karzai has ordered the companies to disband by the end of the year. On Tuesday, an Interior Ministry official said the Afghan government is now enforcing the decree.

Sayed Abdul Ghafar Sayedzada: "Based on the President’s decree concerning the closing of private security companies, all measures were taken by the Interior Ministry and other respected security organizations. And now we’ve physically started the disarmament of private security companies all over the country."

The Afghan government says it’s taken action against eight companies, including Blackwater.
Shahzad Sentenced to Life in Prison for Failed Times Square Bombing
The man convicted for trying to set off a car bomb in Times Square has been sentenced to life in prison. Faisal Shahzad was sentenced in a Manhattan courtroom Tuesday after pleading guilty in June. Shahzad is a Pakistani-born US citizen and former financial analyst who lived with his wife and two young children in Connecticut. He has said he received explosives training from the Pakistani Taliban.
Fundraising Falls Short on UN Global Fund to Fight AIDS, Tuberculosis and Malaria
The United Nations says millions of people will be denied life-saving treatment after donors failed to meet the minimal fundraising level sought by the Global Fund to Fight AIDS, Tuberculosis and Malaria. On Tuesday, UN Secretary-General Ban Ki-moon said the fund has raised over $11.5 billion, short of its austerity level fundraising target of $13 billion.

Secretary-General Ban Ki-moon: "Today we raised more than $11.5 billion for the Global Fund to Fight AIDS, Tuberculosis and Malaria. This is more than we did the last time at the last replenishment conference, and it is enough to give millions of people living in fear a new lease on life."

The fund needed $13 billion to keep up with its current treatment of three million people with AIDS. It had sought $20 billion to increase that to five million. The Obama administration pledged $4 billion to the fund, $2 billion short of the amount sought by AIDS activists and some members of Congress. In a statement, the group Health GAP said it was profoundly disappointed in the US pledge, adding, "President Obama has found billions to bail out Wall Street and to continue wars. We urge him to find a way to do the same to save lives around the world."

Toxic Sludge Floods Hungarian Towns
Hungary has declared a state of emergency in three counties after toxic sludge from an alumina plant flooded several towns. Over 35 million cubic feet of sludge leaked from the plant’s reservoir, engulfing homes and roads. At least four people have been killed, and 120 have been wounded. Hungarian Prime Minister Viktor Orbán said he’s ordered a probe into the disaster.

Viktor Orbán: "We do not know of any sign which indicates that this disaster would have natural causes. And if a disaster has no natural causes, then it can be considered a disaster caused by people. Everyone in this country wants to know who is accountable for this tragedy and the property damage."

Congo Rebel Leader Arrested for Mass Rapes
In the Democratic Republic of Congo, the UN peacekeeping force says it’s arrested a rebel leader on suspicion of leading the raids that led to mass rapes in eastern Congo earlier this year. Over 500 women, girls and babies were raped when Rwandan and Congolese rebels stormed villages in July and August. It took three weeks for the UN to respond, even though the villages were just miles from a UN base. The suspect has been identified as Lieutenant Colonel Mayele of the Mai-Mai militia.

Antiwar Activists to Defy Grand Jury Subpoenas
Antiwar activists targeted in last month’s FBI raids in Minneapolis and Chicago have announced they won’t testify before a grand jury. On Tuesday, demonstrators gathered outside a federal building in Chicago where the grand jury is convening. Stephanie Weiner, whose home was targeted in the raid, said the activists would defy their subpoenas to appear.

Stephanie Weiner: "We believe we have been targeted because of what we believe, what we say, who we know. The grand jury process is an intent to violate the inalienable rights under the Constitution and international law to freedom of political speech, association and the right to advocate for change. Those with grand jury dates for October 5th and those whose subpoenas are pending have declared that we intend to exercise our right not to participate in this fishing expedition."
. DeMint: Bar Single Women, Gays and Lesbians from Teaching
And Republican Senator Jim DeMint is under criticism for defending his 2004 comments that sexually active single women and gays and lesbians should be barred from teaching. Speaking at a church rally last week, DeMint said, "When I said those things] no one came to my defense. But everyone would come to me and whisper that I shouldn’t back down. They don’t want government purging their rights and their freedom to religion."

US Drone Kills 8 German Citizens in Pakistan
A US drone strike in Pakistan has killed at least eight German citizens suspected of being linked to Pakistani militants. The identities of the German men have not been released. The attack came one day after the US issued a travel alert about potential terrorist attacks in Europe. The CIA has sharply increased its use of drones to carry out strikes inside Pakistan in recent weeks. Monday’s attack was the twenty-sixth drone strike in the past thirty-seven days.

Aid Workers Warn of Malaria Outbreak in Pakistan
In other news from Pakistan, aid workers are predicting as many two million Pakistanis will be infected with malaria in coming months due to the devastating floods. The World Health Organization estimates 250,000 Pakistanis are believed to have already been infected.

Supreme Court Opens New Term; Refuses to Hear NSA Suit
The Supreme Court started its new term on Monday, and for the first time the Court has three female justices with Elena Kagan joining Justices Sonia Sotomayor and Ruth Bader Ginsburg on the bench. Kagan has recused herself from nearly half of the Court’s fifty-one scheduled cases because she played a role in the litigation while serving as US solicitor general. In one of its first decisions, the Court refused Monday to hear a lawsuit filed by a group attorneys seeking to learn whether the National Security Agency had tapped their phones because they represent prisoners at Guantánamo.

Ex-Justice Stevens Regrets Ruling Upholding Death Penalty
Monday’s session of the Supreme Court also marked the first time in almost thirty-five years that the Court was without Justice John Paul Stevens, who retired earlier this year. On Monday, NPR News aired an interview with the ninety-year-old Stevens, who said he regrets only one vote he made on the Supreme Court: his decision in 1976 to uphold the death penalty. He now describes the decision as "incorrect."

John Paul Stevens: "I voted to uphold the death penalty. And I thought, at the time, that if the universe of defendants eligible for the death penalty is sufficiently narrow, so that you can be confident that the defendant really merits that severe punishment, that the death penalty was appropriate. But what happened over the years is the court constantly expanded the cases eligible for the death penalty, so that the underlying premise for my vote in those cases has disappeared, in a sense."

Special Interest Group Campaign Spending Soars
The Washington Post reports special interest groups have spent $80 million on the November congressional elections, more than five times as much as they did during the 2006 midterm. The increased spending is due in part because the Supreme Court cleared the way for unlimited spending by corporations, unions and other interest groups on election ads earlier this year in its decision in the Citizens United case. The bulk of the money is being spent by conservatives, who have swamped their Democratic-aligned competition by a seven-to-one margin in recent weeks. One of the biggest spenders nationwide is a little-known Iowa group called the American Future Fund, which has spent $7 million on behalf of Republicans in more than two dozen House and Senate races.
Tenn. Fire Department Allows Home to Burn Down over Unpaid $75 Fee
In Tennessee, a local fire department refused to put out a house fire last week because the homeowner had forgotten to pay $75 for fire protection from a nearby town. The firefighters showed up to the scene of the fire and then watched as the home of Gene Cranick burned to the ground. Cranick’s neighbors had paid the $75 fee, so when the fire spread across the property line firefighters took action, but only to save the neighbor’s property. The local mayor defended the actions of the firefighters. South Fulton Mayor David Crocker said, "Anybody that’s not in the city of South Fulton, it’s a service we offer. Either they accept it or they don’t." On Monday, Gene Cranick appeared on Countdown with Keith Olbermann.

Gene Cranick: "Everything that we possessed was lost in the fire. Even three dogs and a cat that belonged to my grandchildren was lost in it. And they could have been saved if they had been—they had put water on it. But they didn’t do it, so that’s just a loss."

Keith Olbermann: "When you all called 911, as I understand it, you told the operator you’d pay whatever was necessary to have the firefighters come put out and prevent the fire from spreading to your house. What was their response?"

Cranick: "That we wasn’t on their list."

Report: Debtor Prisons on the Rise
New reports by the ACLU and the Brennan Center for Justice have found a sharp rise in debtor prisons across the country. Poor defendants are being jailed for failing to pay legal debts. In Ohio, a man named Howard Webb, who earns $7 an hour as a dishwasher, has served two stints in jail totaling over 300 days for being unable to pay nearly $3,000 in fines and costs from various criminal and traffic cases. In Michigan, a twenty-five-year-old single mother named Kawana Young has been jailed five times for being unable to afford to pay a few minor traffic tickets. Eric Balaban of the ACLU said, "Incarcerating people simply because they cannot afford to pay their legal debts is not only unconstitutional but also has a devastating impact upon men and women, whose only crime is that they are poor."

Video: Israeli Soldier Belly Dancing Beside Bound Palestinian Woman
The Israeli military has ordered an investigation into a video uploaded to YouTube that apparently shows an Israeli soldier belly dancing beside a bound and handcuffed Palestinian woman. On the video, you can hear the soldier dancing to music and occasional cheers from his fellow soldiers who were documenting the dance. It is not known yet when or where the video was shot. It was uploaded on YouTube over the weekend and aired on Israeli TV last night.

Israel Deports Nobel Laureate Mairead Maguire
The Israeli government has deported Irish Nobel Peace laureate and activist Mairead Maguire a week after she was denied entrance at Ben Gurion Airport. For the past week Maguire was held in an Israeli jail as she challenged Israel’s decision to ban her from entering the country for ten years. Israel placed the ban on her after she rode on a humanitarian aid boat that attempted to reach Gaza earlier this year. Maguire spoke to reporters on Monday before her deportation.

Mairead Maguire: "I hope the court will allow me to stay in Israel with my Israeli and Palestinian friends."

Reporter: "Why do you want to come here?"

Maguire: "Because I love this country and I’m very sad there’s so much suffering. I come to support all those who are working for peace and reconciliation. There will be peace in this country, I believe it, but only when Israel ends apartheid and the ethnic cleansing of the Palestinian people."

Fellow Nobel Prize laureate Jody Williams defended Mairead Maguire’s attempt to stay in Israel.

Jody Williams: "Mairead believes that she had the right to challenge the state of Israel for trying to keep her out. She does not believe she has done anything wrong when she was on the Rachel Corrie, with the flotilla. It was attacked in international waters. It was dragged—she was dragged to Israel, and then they say she can’t come back to Israel. It was not her intention to end up there in the first place."

Oxfam: Int’l Community Is Undercutting Haitian Agriculture
In news from Haiti, the aid agency Oxfam says a massive influx of free foreign food after January’s earthquake helped feed many displaced people but undercut Haitian agriculture and hurt farmers’ incomes. Oxfam says the international community needs to help develop Haiti’s agriculture-based economy. The problem dates back over a decade. Earlier this year former President Clinton publicly apologized for forcing Haiti to drop tariffs on imported subsidized US rice during his time in office. The policy wiped out Haitian rice farming and seriously damaged Haiti’s ability to be self-sufficient.

Developer of In Vitro Fertilization Wins Nobel
British physiologist Robert Edwards has been awarded the 2010 Nobel Prize for Physiology or Medicine for his role in developing in vitro fertilization. The Nobel medicine prize committee said Edwards’s work had brought "joy to infertile people all over the world."

Klas Kärre, Nobel Committee: "Briefly, what he did was to develop, in several steps, a method whereby you can take out eggs from the woman and let those eggs meet the sperm of her partner in a test tube or in vitro, which means in glass, in glass a test tube, and then put back the fertilized egg for normal development in the woman."

Robert Edwards said his discovery impacted other areas of medicine, as well.

Robert Edwards: "We knew for the first time that science and medicine had entered human conception decisively and that from now on we would look at illnesses and disease and other disorders in embryos as part of medicine."

Solar Panels to Be Installed on White House
And the Obama administration is expected to announce plans today to install solar panels atop the White House’s living quarters. The panels will heat water for the first family and supply some electricity. The announcement will be made today by Environmental Quality Chairwoman Nancy Sutley and Energy Secretary Steven Chu. The move comes one month after the White House rejected a proposal by environmentalist Bill McKibben and students from Unity College to reinstall the White House solar panels used by President Carter in the 1970s. The panels were later taken down by President Reagan.

Indigenous Peoples, environmental groups and labor organizations across Panama have turned to the international community for support in their growing nation-wide campaign to defend human rights, enact Indigenous Peoples' rights and restore environmental protections in the country.

In June, 2010, the Panamanian National Assembly pushed through Law No. 30, a controversial piece of legislation that "eliminates the requirement for environmental impact assessments for government-sponsored development projects, protects the police from prosecution for crimes and human rights abuses that they commit on the job, and limits labor unions' right to strike," explains a recent report from Cultural Survival (CS).

Soon after the law was passed, thousands of protesters took to the streets in Changuinola, to which the government responded "with unprecedented violence, killing at least two protesters, blinding dozens with lead bird shot, and injuring and arresting hundreds more. Indigenous leaders say more people were killed, but the government has not released complete information to human rights investigators," CS continues.

In addition to Law 30, which has been appropriately named the "chorizo law" by critics (the "sausage law" for what they perceive to be an excess of political pork stuffed into one omnibus piece of legislation", says a COHA Researcher) two additional laws were forced through, like the sausage law, without any public consultation or the consent of Indigenous Peoples: Law No. 14, which prohibits the act of blocking public thoroughfares during any kind of protest (the penalty for which includes a jail sentence of up to two years); and Executive Decree No. 537, which limits the right of Indigenous Peoples to elect their own leaders according to their own traditions.

Sufficed to say, "Many Panamanians were shocked by passage of these repressive laws. They were equally shocked by the violent police actions against protesters. Civil society organizations are demanding an investigation into killings, beatings, torture, false charges, kidnapping, and cover-ups by the police, and they have requested a special hearing with the Inter-American Commission on Human Rights," says CS. Unfortunately, there's a good chance that Panama will simply ignore any recommendations from the IACHR, just as they have consistently ignored the most basic civil and cultural rights of the Ngobe, Bugle, Kuna, Embera, Wounaan, Bribri and Naso Peoples.

And it goes without saying that a massive general strike could erupt at any time, like the one's we have witnessed in Peru, Honduras, Ecuador, Colombia, Brazil and elsewhere around the world. And like in the cases of Peru and Honduras, it is feared that Panama's government will respond with unrestrained violence.


From October 12-16, 2010, Indigenous Peoples, Social Movements, and Climate Justice Activists will converge in more than a dozen countries for the second Global Minga In Defense of Mother Earth. This year's primary focus will be Climate and Environmental Justice.

Echoing the first Global Minga, which took place during the week of Oct. 12, 2009, protests, demonstrations, forums, sit-ins, and other actions will be carried out, states The Andean Coordinator of Indigenous Organizations (CAOI), the Coordinator of Indigenous Organizations of the Amazon Basin (COICA) and others:

To Oppose the commodification of life (food, water, biodiversity, natural assets); the privatization of nature through the carbon market; pollution and predation (by mining, hydrocarbons, hydropower, forestry, livestock , biofuels, GMOs); consumerism and criminalization of social struggles; the persecution of migrants

To Promote the defense of land, natural wealth and spirituality linked to Mother Earth; water for future generations; collective rights; and the importance of "living well" (the need to live with nature in harmony and balance)

To Warn of the imminent danger of environmental catastrophe that threatens the planet and identify those responsible.

To Demand amnesty for all indigenous leaders, social and environmental activists who defend the rights of peoples and Mother Earth.

Among the many coalitions, networks and local groups that will take part in this Year's Minga: Climate Justice Action! (CJA) has announced plans for a Global Day of Action for Climate Justice for Oct. 12; and Via Campesina, an International day of Action against Agribusiness and Monsanto on Oct. 16.

After a massive show of international solidarity, Mapuche representatives have reached an agreement with the Chilean government, marking a near-end to one of the longest hunger strikes in recent memory.
According to the Archbishop of Concepcion, Ricardo Ezzati, 30 of the 38 Mapuche protesters officially called off the hunger strike late Friday, after Chile agreed to drop all terrorism charges against the Mapuche civilians. At the moment, only the Mapuche in Angol Prison are continuing the hunger strike; though, it is believed they, too, will call off the strike in the next few days.
Unfortunately, it appears that charges themselves will not be dropped. According to the agreement, the Mapuche will still be tried, but as civilians under the common penal code.
This, of course, is a pretty far stretch from the Mapuche Demand for "freedom"; however, since so many of the charges are fabrications and, in effect "thought crimes" rather than actual crimes, there's no way they'll stand up in court. Not if reason has anything to say about it.
In addition to dropping the charges of terrorism, Chile says it will also take action "with various authorities and entities" to seek solutions "to the diverse issues that are part of the Mapuche cause."
Hopefully, Chile will keep true to these words and genuinely act in the spirit of democracy and good governance. It would certinaly be a welcomed change from the desperation politics so common in Peru, Colombia and elsewhere around the world. Most of all, for the Mapuche who are simply trying to secure their rights and reclaim their traditional territories.
A military plane was reportedly sent to Rapanui (Easter Isalnd) "with a contingency of SWAT teams to augment the already in-place armed forces set to remove indigenous Rapanui people from their ancestral lands." Since July 31, the Rapanui have been non-violently occupying parts of their ancestral land, illegally taken from their grandparents. Throughout the effort, the Rapanui have been asking for the restoration of their legal title to the land.

The Liard First Nation (LFN) expressed concerns over massive zinc mine project that could severely impact Don Creek, a stream that eventually flows into the Yukon River in northwestern Canada. The Yukon government recently approved the project; however, according to LFN, they "forgot" to explore the potential impacts on the water system before the decision. That is, despite knowing that he companies behind the project are going to dump their mine waste right into the Creek.

The Navajo Nation Council took a welcomed step back from the Northeastern Arizona Indian Water Rights Settlement Agreement (NAIWRSA) to devote a little more time to "community outreach". Just prior to the Council's decision, more than 160 concerned Navajo (Dine') urge them to oppose the agreement, which would force the Dine' to forfeit their "priority rights to all waters that fall on, run by or through, or are under the land surface between the Four Sacred Mountains."

As many as 20 thousand peasants mobilized to demand agrarian reform in Indonesia. The action, which involved more than 40 organizations, marked the 50th commemoration of the National Farmers' Day in Indonesia.

The Inter-American Court of Human Rights ruled that the Xakmok Kasek community in Paraguay should be allowed to live on its traditional land. "The community, which comprises around 60 families, has been denied access to the land for over 20 years and deprived of its traditional means of subsistence: hunting, fishing and gathering," explains Amnesty International.

The Fourth Tri-national Encuentro of Indigenous Peoples concluded with Indigenous organizations from Peru, Brazil and Bolivia declaring a "state of emergency" throughout the Amazon rainforest due to the "intense promotion, approval and execution of mega-projects by the governments of the three countries." The event brought together more than a hundred indigenous leaders from AIDESEP, ORAU and FENAMAD in Peru, CIPOAP and CIMAP in Bolivia and COIAB in Brazil.

Villagers in Jharkhand, India are being actively exposed to uranium, according to a recent investigation by Tehelka Magazine. At just one of the seven uranium mines in Jharkhand, says Tehelka, "there are no prohibitory signs, no warnings about radiation, no barbed wire and no demarcation of territory." What's more, several workers were dressed in casual clothing, with no helmets or even a breathing mask. And children were found bathing in a stream that obviously receives radioactive waste water.

Autonomous Authorities ordered the total evacuation of San Juan Copala in Oaxaca, Mexico, after paramilitaries raided the community and said they would kill everyone if they didn't leave. According to latest reports, all residents of the autonomous municipality made it out safely, "with no help from the government."

"In an effort to reclaim a day that has traditionally been imposed as 'Columbus Day,' indigenous peoples around the world have called for a global mobilization 'in defence of Mother Earth'. Climate Justice Action has taken up this call and is proposing a global day of direct action for climate justice on the same day, October 12, 2010. CJA is not picking specific targets or actions, but is rather calling for all of us to engage, plan and take direct action on this day."

Alberto Pizango, the respected and well-known Indigenous leader in Peru, announced that he will be runnning for President in the upcoming 2011 elections. "The candidacy of Pizango has been speculated for months, and he accepted to run after the Apus (leaders) of more than 1,300 Native communities supported his candidacy," reports Peruanista. "His candidacy could be a rising surprise in these elections, even after the media in Lima has portrayed him as a 'social agitator' and a violent man who is financed by foreign groups."

The Armed Forces of the Philippines (AFP) announced plans to give mining firms in Palawan, including some Canadian companies, direct military support in exchange for access to military technologies. The shocking news came just days before the Philippines' Department of Environment and Natural Resources (DENR) illegally granted MacroAsia Corporation (MAC) an Environmental Clearance Certificate (ECC) for the mining plans in the Municipality of Brookes' Point.

More than six dozen Indigenous people from the Guarani Kaiowa Y'poi in Brazil have been effectively turned into prisoners on their land. According to the Indigenist Missionary Council (CIMI), six weeks ago a group of hired gunmen surrounded the Guarani, who set up a camp in April on a section of their ancestral land. Since then, the Guarani have been unable to leave the camp, severely limiting their access to food, water, education and health services.

In the Sarawak region of Borneo, more than 150 Penan started blocking roads to protest the ongoing destruction of the rainforest and the Malaysian government’s failure to protect their land and their rights. According to Survival International, "The protesters were marking the anniversary of previous road blockades a year ago, which brought the logging industry in the area to a halt. " Not long after the blockades went up, the police arrived to tear them down.

Indigenous landowners in Western Australia (WA) expressed outrage at the government's plan to "compulsorily acquire" a section of their land for a $30 billion gas processing plant. WA Premier Colin Barnett announced the plan after deciding, on his own, that negotiations with the landowners had failed. According to GetUp! the Oil and gas giant Woodside (along with joint venture partners Shell, Chevron, BHP-Billiton and BP) wants the land to process the huge gas deposits at Browse Basin.

Indigenous Peoples in Botswana filed an appeal to overturn a High Court decision that denied them access to a single waterhole on their traditional territory. The Kgeikani Kweni--more commonly known as the Kalahari Bushmen--have been struggling to access the waterhole since 2002. They now have to truck in water from a settlement 300 miles away. Meanwhile, just a few miles away, a tourist resort and a diamond mine enjoys near-unlimited access to water.


Many thanks to Democracy now and Intercontenental Cry.

Wednesday, October 6, 2010

Decriminalization of sex work and Indigenous youth and communities

A response from the Native Youth Sexual Health Network on the recent Ontario Superior Court Decision

October 5, 2010 (Toronto) - The Native Youth Sexual Health Network (NYSHN) would like to express our support of the recent Ontario Superior Court decision to strike down three aspects of the criminalization of sex work which include: living off of the avails of prostitution, keeping a common bawdy-house and communicating in a public place for the purpose of engaging in prostitution. However, given the lack of Indigenous voices during this process, there is some confusion as to what this could mean for Indigenous people here and now.

As a North America wide organization working in the full spectrum of sexual and reproductive health by and for Indigenous youth, NYSHN is particularly concerned with the ways in which Indigenous youth perspectives and rights as sex workers are generally not taken into account. In this case, it was not Indigenous people bringing this court challenge forward and unfortunately our voices have not been heard well.

However, this decision has the potential to actually mean less violence for Indigenous communities, not only because it allows for safer working conditions for sex workers, it also means less police interference. Given that Indigenous communities face racial profiling and police brutality as an everyday lived experience, as well as extremely high rates of incarceration, this is of utmost importance to our safety. Current estimates state that Aboriginal people make up more than 20% of the total prison inmate population across Canada, which is a full ten times more than the general population.

If sex workers are able to live off of the money they earn, they may be able to afford shelter, better provide for their families, or be able to hire someone else, such as a driver, as protection. If they are able to openly communicate about sex work, they may be able to negotiate safer working conditions (such as condom use) with a client or report violence without fear of being arrested. If keeping a bawdy-house is no longer illegal, then sex workers may have access to indoor working conditions, decreasing the chances of street-based violence. If police are given less opportunity to arrest people on the basis of these laws, it means less Indigenous people that are incarcerated because of sex work. These are just a few examples of how this ruling has the potential to reduce violence.

However, as stated by the Native Women’s Association of Canada (NWAC) this ruling does not adequately address the systemic racism and classism as well as a fundamental power imbalance and issues of inequality, which are realities for Indigenous youth in Canada. Given the amount of prejudice and discrimination faced by Indigenous communities, it is imperative that we are included and heard throughout all policy-making processes, not only for our own safety and security but also as a best practice when making decisions that disproportionately affect us.

Furthermore, it is imperative that we recognize that Indigenous youth are over policed, but under protected. High rates of arrest and incarceration are a reality, yet there still has been no justice for the over 500 missing and murdered Indigenous women in Canada. For Indigenous women who do engage in sex work, there is a double discrimination that is experienced because of the overlapping prejudices of racism associated with being Indigenous, and societal stigma associated with engaging in sex work. This increases the risk of violence, which means in order to protect Indigenous women; we need to consider decriminalization in the context of also stopping racism. That being said, decriminalization is still one of the many steps that the courts and lawmakers must take to respect the self-determination of Indigenous sex workers.

Media Contact:

Jessica Yee, Executive Director

jyee@nativeyouthsexualhealth.com

http://nativeyouthsexualhealth.com/