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
Saturday, October 30, 2010
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
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.”
"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.
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
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/
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!
- 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 - 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
- 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 - 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.
- 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
- Amnesty Int'l trashes human-smuggling bill (Canadian Press): http://yhoo.it/bYCjIe
- Public Safety minister's refugee parents came to Canada just before doors shut (Canadian Press): http://bit.ly/bmjmzA
- Human smuggling bill draws criticism (CBC): http://bit.ly/ay7iF4
- Stopping human smuggling risks penalizing legitimate refugees, experts say (Globe and Mail): http://bit.ly/aI0hK3
- Tory refugee bill would have rejected Einstein (The Province): http://bit.ly/bOifkf
- Would anti-smuggling law target humanitarians? (CTV): http://bit.ly/bgOoX4
- The peril of refugees, It's wrong to create a new class of refugees (Ottawa Citizen): http://bit.ly/bbKSdB
- Federal bill will hurt refugees, experts say (Winnipeg Free Press): http://bit.ly/at93QU
- Opposition MPs rip into proposed human-smuggling law (Vancouver Sun): http://bit.ly/bol5v8
- Canadian Council of Refugees Resources on Bill C-49: http://ccrweb.ca/en/c49
- Myths and Realities about the Tami Refugee Abroad MV Sun Sea: http://noii-van.resist.ca/?p=2167
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