We demand an end to the deep, inherent violations of the US-Mexico border and its crossing of Nde and Lipan Apache Indigenous territories and homelands, and respect for free, prior and informed consent (FPIC).
Border walls do not build a better humanity. Border walls have consistently existed in conjunction with social oppression, violations of human dignity, peace and life, and, in the cases of colonial settler States/countries, acts of violence and violations against Indigenous Peoples and pre-existing peoples and lifeways who have, and continue to survive, border colonialism. The United States-Mexico border wall is in violation of International Law.
Collectively, we have established the cutting edge for understanding of the United States’ border and border wall and its inherent, encompassing violations of Indigenous and Human Rights to, among other things, land, religion, and freedom of expression, culture, family and kinship, movement within one's customary community, speech, identity, access to justice and appropriate juridical procedures, and due process and remedy.
This action is in conjunction to the Follow up to Urgent Action/Early Warning re United States Executive Order to further construct a US-Mexico border wall, submitted to the United Nations CERD (International Convention on the Elimination of All Forms of Racial Discrimination) Committee by Ariel Dulitzky (member of the United Nations Working Group on Enforced or Involuntary Disappearances) and his University of Texas Law Clinic, and in accordance with related previous legal initiatives, as detailed in the sections and links below.
21 February 2017. Ariel Dulitzky (member of the United Nations Working Group on Enforced or Involuntary Disappearances) and his University of Texas Law Clinic, under the continuation of previous work with LAWD, sent a request to the UN CERD Committee for review of the current United States administration’s order(s) to undergo renewed border wall construction (See letter here)
27 April 2017. Eloisa Garcia Tamez, founder of LAWD, created a letter to UN CERD in support of Mr. Dulitzky’s initiative, alerting the CERD Committee to official, contextual legal history re the border wall and the Lipan Apache, and brought a supporting call to action on several points. (See letter here)
27 April 2017. The Chair of the Lipan Apache Band of Texas, Daniel Castro Romero, Jr., created a letter to UN CERD, also affirming Dulitzky and Tamez’s actions, calling on the UN CERD for protection and affirmation of inherent Indigenous Rights. (See letter here)
30 April 2017. The Apache Nde Nnee Working Group, via Dr. Margo Tamez, Lipan Apache Nde, and legal counsel India Reed Bowers, LLM, Founder & Director of IOSDE, wrote in support of the LAWD and Dulitzky actions, affirming Indigenous and Human Rights, contextualizing the situation in historical context and regarding colonialism, and referencing the Apache Nde Nnee Working Group’s 2015 and 2016 Shadow/Alternative Report submissions to UN CERD for the reviews of the Holy See and Spain, therein, and the ties to the current border wall and border as it/they violate Nde Peoples and lands. (See letter here)
1 May 2017. The International Organization for Self-Determination and Equality (IOSDE) submitted the three supporting letters to the UN CERD Committee together as one action of Lipan Apache and Nde self-determination. (See submission here)
5 May 2017. The CERD Secretariat confirmed receipt of the letters.
Now: We anticipate the CERD Committee's formal response in the approaching days/weeks.
The following information consists of excerpts from the LAWD-Apache Nde Nnee Working Group-Lipan Apache Band joint submission to UN CERD, in support of the Follow Up to the Urgent Action/Early Warning regarding the Border Wall and the United States as-submitted by Ariel Dulitzky and Clinic.
Background [for sampled, detailed key results from actions below, click here]:
- In 2007, Indigenous women from El Calaboz led a national and international legal challenge to the wall.
- In 2008, in partnership with Denise Gilman and the University of Texas School of Law, LAW-Defense participated in a hearing on the Texas-Mexico Border Wall, at the Inter-American Commission/Organization of American States, 133rd Period, held in Washington, D.C.; the Inter-American Commission/OAS supports the claims in the submission. (see key results here).
- Dr. Margo Tamez, Co-founder, Lipan Apache Women Defense, Co-Director, Emilio Institute for Indigenous and Human Rights, submits and presents: Kónitsąąíí gokíyaa Ndé: ‘Big Water People’s Homeland’ a shadow of Self-Determination in a bifurcated Traditional Territory; from ‘Strengthening Partnership between States and indigenous peoples: treaties, agreements and other constructive arrangements’, Geneva 16-17 July 2012, Organized by the Office of the United Nations High Commissioner for Human Rights, HR/GENEVA/ /SEM/NGOs/2012/BP.7 (see key results here)
- In 2012, in partnership, with Mr. Dulitzky and the University of Texas (UT) Law Human Rights Clinic, the LAW Defense, in partnership with the Lipan Apache Band of Texas, co-submitted an Early Action/Early Warning (EA/EW) procedure to the UN CERD Committee (See more here).
- Based on the submission to CERD above, on March 1, 2013, during the 82nd Session, Alexei Avtonomov, then UN CERD Committee Chair, sent a diplomatic letter to Ms. Betty E. King, then Ambassador and Permanent Representative of the United States to the United Nations. (see key results here)
- Ndee-Nnee Alliance Intervention Statement, United Nations Permanent Forum on Indigenous Issues (UNPFII), 12th Session, 20-31 May 2013, New York. (see key points here). Other UNPFII and UN EMRIP statements also made in various sessions and years (available by request).
- The Apache Ndé Nneé Working Group submitted the following Shadow and Alternative Reports to the UN CERD Committee for the Committee’s review of the Holy See: The Holy See and European Dispossession of Apache-Ndé-Nnee Peoples: A call for truth, disclosure, justice and redress, Apache-Ndé-Nneé Working Group Shadow Report, UN CERD 88th Session, November 2015: Review of the Holy See, and Spain: Alternative Report for the CERD Review of Spain, submitted by the Apache-Ndé-Nneé Working Group, UN CERD 89th Session, April-May 2016: Review of Spain. ... (see key points here). These Reports address, outline, and explain in detail the historical, legal and political contexts and legacies of the ongoing colonization of the Ndé territories, including regarding the violently militarized colonial line of legal-political-territorial alien domination itself, known as the United States-Mexico border and accompanying border wall. The United States-Mexico border, and the border wall therein, divides Ndé traditional territories, families, and lives and harming Ndé ceremonies, lands, waters, self-determination as well as Ndé Peoples’ rightful independence from colonial and alien domination and rule.
- UN CERD calls for the Holy See to become accountable to Indigenous Peoples on key historical and ongoing matters raised in the above submission; see some related news and happenings to follow here: http://iosde.org/3/post/2016/01/united-nations-declares-the-holy-see-legally-responsible-and-accountable-to-indigenous-peoples-for-effects-and-legacy-of-racist-colonial-papal-bulls-and-doctrines.html and http://iosde.org/3/post/2016/02/only-a-truth-commission-will-end-the-abuse-pope-francis-and-the-catholic-church-continue-theft-and-the-rape-of-the-apache-nd-nne-after-un-findings.html
Current requests from Apache Ndé Nneé Working Group to the UN CERD Committee include (See more here):
- Acknowledge the diversity of Ndé-Nneé juridical personality and political-territorial status(es) affected by the United States-Mexico border and border wall […] as a result of intergenerational and on-going racism, discrimination, and aggressive State policies. (Dr. Margo Tamez, Apache-Ndé-Nneé Shadow Report, CERD 88th Session: Holy See, p. 56).
- Acknowledge that a United States Government’s policy/mandate-induced expansion of a United States-Mexico border wall, and without the Free, Prior and Informed Consent (FPIC) of the affected Indigenous Peoples, including the Lipan Apache Band (Ndé), is a continued colonial and genocidal territorial alien domination of the traditional Indigenous Peoples and lands and in direct violation of international law as per the ending of all forms of colonialism (CERD preamble and Art. 15, and associated and applicable UN GA Resolutions and UN initiatives, departments, mechanisms, procedures and treaties), as well as all relevant CERD Treaty articles and analyses as provided by Mr. Ariel Dulitzky and his Clinic’s submission.
Lastly, LAWD has called for the CERD Committee to affirm the Declaration from the El Calaboz 2011 Gathering on Indigenous Knowledge, Lands, Territory and Rights. (see key points here)
Sign the petition today in support of halting any further US-Mexico border wall construction in Ndé (Lipan Apache) Peoples’ traditional and customary homelands, currently bifurcated by the States of Mexico and the United States.
We demand an end to the deep, inherent violations of the US-Mexico border and its crossing of Nde and Lipan Apache Indigenous territories and homelands.
SAY NO TO THE BORDER WALL!
TEAR DOWN THE WALL!
Contact info: Apache Nde Nnee Working Group, email@example.com