Oregon Modocs Reassert Unique Identity & Right to Self-Government: to Separate from the Klamath Tribes

Modoc Land Recovery Project
Press Release: October 15, 2009

Oregon Modocs Take First Step to Separate from Klamath Tribes and Form Own Government — Issue Country's First Tribal Declaration Based on UN Declaration of Rights of Indigenous Peoples

Approximately thirty Modoc Indians attended a meeting last Friday evening (10-09-2009) in the Klamath County Commissioner's Hearing Room in Klamath Falls, Oregon, where they listened to a presentation by Perry Chesnut in which he urged them to join the movement to reestablish Modoc self-government and sovereignty over their ancestral homelands by signing the Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe .

Chesnut, whose Indian name is Two Eagles, is a life-long social activist and champion of indigenous rights. In 1992, the late Miller Anderson adopted Chesnut into his family and made him a member of the Modoc Tribe. Miller Anderson is a direct descendant of Sloc-a-lot (known to white settlers as Chief George), who at the time of the Modoc Indian War of 1872-73 was the acknowledged La̕qi (Modoc for "Leader") or Headman of the Kokiwas Band of the Modoc Tribe.

The 11-page Declaration contains 46 Articles setting forth various inalienable rights preceded by a preamble containing 30 statements as to the reasons why the Declaration has been issued. It is believed to be the first such declaration issued by any Native American tribe or nation that is based on the provisions of the Declaration of the Rights of Indigenous Peoples (DRIP) approved by the UN General Assembly in September of 2007.

We must take decisive action to reassert our unique tribal and cultural identity

Mr. Chesnut opened the meeting by noting that the Modoc Indians of southern Oregon and northern California are living in a time of crisis. He stated that just two days before the meeting he had received a phone call from a Klamath Indian who "angrily told me that the Klamath Tribes are one people — that the Modoc Indians have no separate identity or culture, that they and the Klamaths are culturally indistinguishable."

"What could be more sacred to us than our unique identity as an Indian people? Yet that identity has been slowly slipping away for the last fifty or more years, being eroded and submerged into a mishmash of Indian peoples enrolled in the political organization known as the Klamath Tribes. And make no mistake, the Klamath Tribes is not a tribe. It is a political organization, an affiliation of three separate tribes, to which no law or moral imperative requires us to remain tied. Today very few people draw a distinction between the Klamath and Modoc peoples. Yet our Creator did distinguish between all other people and us, making us unique and giving us our own unique homeland and culture. We must take decisive action to reassert our unique tribal and cultural identity. And we must do it now, before it is too late."

Indisputable evidence of the unique identity and culture of the Modoc Indians

Mr. Chesnut noted archaeological evidence showing that the Modoc Indians have occupied southern Oregon and northern California continuously for the last 12,000 to 15,000 years and stated that there is no scientific evidence showing a similar history for the Klamath Indians. "Compared to us the Klamaths are relative newcomers to this region," Chesnut said.

Chesnut also cited ethnological field research by the University of Washington Laboratory of Anthropology in 1934 that concluded that the belief systems, values, patterns and practices of the Modoc Indians up to the time of the Modoc Indian War of 1872-73 "set their culture clearly apart from any other in the world, even from their immediate California neighbors."

Chesnut also cited a book titled Myths of the Modocs published in 1912, containing a large number of myths related to Jeremiah Curtin in 1884 by Ko-a-lak'-ak-a, a Modoc woman who was part of the group of Modocs exiled to Oklahoma at the close of the Modoc Indian War in 1873. According to the author's introduction to the 389 page book, "In childhood her grandfather had instructed her in the religion of her people, in other words, taught her all the myths of the Modocs, and to old age her tenacious memory retained many of them."

Chesnut stated that this book is "absolute proof" of the separate identity and culture of the Modoc people. As an example, he read from a passage in the story called "Kumush [Modoc for Creator] and His Daughter" that describes how the Creator made, named and gave to each of the Shasta, Pitt River, Warm Springs, Klamath and Modoc peoples their own lands and unique characteristics. Chesnut stated that the book is filled with mythical events that occurred at such places as Mt. Shasta, Lost River, Tule Lake, the Sycan River and Marsh, and Glass Mountain. "These references to culturally significant events associated with places can be used to verify and validate the extent and boundaries of our ancestral homelands," Chesnut said.

Chesnut also referred to the unique style and quality of Modoc baskets, which are prized by museums and collectors around the world. "It is not Klamath baskets that enjoy this distinction, but Modoc baskets."

Chesnut concluded this portion of his talk by stating: "It is beyond dispute that our people are a unique people with our own unique identity and culture. I have shared this with you because before we can do, we must be."

Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe

Holding up a copy of the Declaration, Chesnut stated that the document "is not a petition asking for relief from some higher authority, but a declaration of our fundamental rights as a people that reasserts our status as a unique tribe independent of any other." He said that it enumerates "specific God-given rights inherent to us as a tribe, including, but not limited to:

• the recognition of our political sovereignty,
• political and economic self-determination,
• the restoration and control of our homelands, which cover an area of between 5,000 and 6,500 square miles and include three national forests
• the right to protect our homelands and their resources from the detrimental actions of third parties,
• the right to preserve and protect our culture, including our language, arts, religion and sacred places;
• the right to bring home and reunite with our brothers and sisters who are living in exile in Oklahoma.

All of these rights can be boiled down to one overarching right — the RIGHT TO SELF-GOVERNMENT."

Chesnut declared, "Those who sign this document will be declaring their identity as a Modoc Indian, and they will be preparing the ground for the reinstitution of our own tribal government through the drafting, ratification and, if legally necessary, U.S. Government approval of our own constitution."

Constitution of Klamath Tribes 'fundamentally and fatally flawed'

Chesnut stated that the Constitution and Bylaws of the Klamath Tribes is "fundamentally and fatally flawed, and we will never be able to convince the ethnic Klamaths to fix it." He said that it is modeled on the constitutional framework offered to Indian tribes by the government under the Indian Reorganization Act of 1834. "What true government has 'bylaws'? Bylaws are something a club or a corporation have." He said that the Klamath Constitution creates a government with a weak single legislative body (General Council), a strong, directly elected executive body (Tribal Council) and a recently added Judicial branch. Chesnut stated that over the last ten years there has been a nationwide movement of tribes to reform their governments and rewrite their constitutions, moving away from the IRA model still in use by the Klamath Tribes.

Chesnut said that while such an IRA type constitution "might work" for some tribes, it has never worked for the Modocs. "As you all know, with the Lakes Treaty of 1864, the government forced the Modocs and Yahooskin Snake Band of Paiutes to remove to the Klamath Reservation, which was located entirely within the territorial boundaries of Klamath ancestral lands. This itself was a formula for failure, and, in fact was the most important cause of the [Modoc Indian] war and subsequent exile of our people to Oklahoma. But added to this is the fact that the three tribes, all of which have very different histories, beliefs, values and cultures, have been merged by this faulty constitution into a single General Council, in which all decisions are made or ratified by a simple one man one vote majority. The more than ten to one numerical superiority of the ethnic Klamaths over the ethnic Modocs and Yahooskins operates to effectively disenfranchise and subjugate them to ethnic Klamath rule."

A simple analogy

Chesnut asked those gathered at the meeting to imagine what would have happened if the founding fathers of the United States had not had the wisdom to create a bicameral legislative branch, "that is, if the Constitution did not provide for a U.S. Senate to act as a check on the power of the U.S. House of Representatives. Without a Senate, in which each state, regardless of population, has two senators, New York, California, Texas and two or three other states would make all the decisions, rendering the smaller population states effectively powerless, with representation in name only."

"This is the situation we Modocs and our Yahooskin brothers have faced for 136 years, and many of us, perhaps most, are tired of trying to work within a system that is structurally designed to make us powerless against the tyranny of the majority, who are the ethnic Klamaths."

The next step: 'our own constitution'

Chesnut said that after the Modoc people gain sufficient signatures on the Declaration, the next step will be to "draft and ratify our own constitution for the Modoc Tribe." He said that this process must be careful and deliberate because "if we just slap something together, we are likely to end up with a constitution just as bad or worse than the Klamath Tribes constitution we have now. We will need to hold numerous meetings to decide many difficult issues, such as how traditional and decentralized our government should or should not be, what particular governmental structures we need, and what our citizenship criteria will be. Above all, the constitution must reflect the values and culture of our people in order to have the legitimacy and stability necessary to promote political self-determination and healthy economic development."

The difficulty of our task — the inevitability of our freedom

During the question and answer session, Chesnut was told that many Modocs were afraid to sign the Declaration because officials of the Klamath Tribal government would retaliate by taking away their federal benefits or fire them from tribal jobs.

Chesnut responded, "This is going to be a long and difficult process. An independent self-governed Modoc Tribe will be opposed not only by the Klamath Tribal government but by many of the white owned farms and businesses that are making money off of our land. They want things to remain as they are. To the Klamaths our independence will mean a loss of federal dollars which are allocated on the basis of head count. So they see us only as so many dollars. Local farms and businesses are likely to fear that our independence will result in changes that will adversely affect them. So it's going to be hard, and we must expect vigorous opposition to what we are doing."

" But we can also expect support and help from various sources, including other Indian tribes, major university projects and institutes, environmental and human rights organizations, and even from individual white persons in this very community, who want to see the injustices of the past righted. Now that this movement has started, it cannot be stopped so long as we pursue our goal. Our liberation from 136 years of exile and oppression, the reestablishment of Modoc self-government and restoration of our ancestral homelands is inevitable."

"As to your specific concerns about retaliation against those Modocs who sign or promote the Declaration, let me point out that nothing in the Lakes Treaty of 1864 or the Klamath Tribes Restoration Act of 1986 took away our sovereignty as a tribe separate from the Klamath Tribe or Yahooskin Snake Band of Paiutes. In fact, both the Treaty and the Restoration Act list and recognize our tribes separately. Further, what we are doing now is exercising rights to self-government and self-determination authorized and encouraged by the Indian Reorganization Act of 1834, as amended in 1988, and by the Indian Self-Determination Act of 1975."

"Until our new constitution is ratified and, if necessary approved by the Interior Department, we will all remain enrolled members of the Klamath Tribes, entitled to receive all the federal benefits we are receiving right now. When our new constitution goes into effect, the BIA and IHS will be required by law to administer these same benefits to our people through our own government instead of the Klamath Tribal government. This transition should be seamless, with no interruption in the flow of benefits."

"In 1968, Congress enacted the Indian Civil Rights Act, which protects political activity and speech such as we are engaging in now. The federal Equal Employment Opportunity Commission also has jurisdiction over Indian tribes and nations and enforces regulations designed to prevent and punish discrimination in employment on the part of a dominant band or group."

"One can never prevent another person who is committed to violating the law from doing so, but any retaliation by the Klamath Tribes or its officials against the Modoc People will be immediately be reported to the federal government, and appropriate legal action will be taken. As a tribe we must protect and support each other. We must make the commitment now to financially support any Modoc who is fired from a tribal job in retaliation for exercising his or her right to free speech and political organization, while legal steps are taken to obtain that person's reinstatement and back-pay. And I can assure you, if anything like that happens, there will be serious legal consequences for the Klamath tribal officials involved."

Signatures obtained and Declaration Bearers

At the close of the meeting, thirteen adult Modocs signed the Declaration, bringing the current total number of signers to just over fifty. Additionally, four individuals volunteered to act as Declaration Bearers, that is, to carry and promote the Declaration to other Modocs and to obtain their signatures. These individuals include John Slaughter, Preston Miles and Diana Wright. Modocs wishing to learn more about or sign the Declaration of Rights and the movement to enact a Modoc constitution, or who wish to become Declaration Bearers themselves should contact any of the following persons.

Robert Wayne Anderson, 541-591-2956
John Slaughter, hatchat@charter.net
Preston Miles, 541-274-1330, 929miles@gmail.com
Diana Wright, 541-273-8874, dianawright1@charter.net
Perry Chesnut, 425-770-7345, pchesnut@indigenous-rights.org

A copy of the Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe is attached as a Microsoft Word .doc file. For more information concerning this press release, contact:

Perry Chesnut
Modoc Land Recovery Project
425-770-7345
pchesnut@indigenous-rights.org
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Copyright 2009: Modoc Land Recovery Project

Native Rights News is making this material from [name of news source] available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
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Bolivians Celebrate Overwhelming Vote for New Constitution

Upside Down World:

Bolivia Looking Forward: New Constitution Passed, Celebrations Hit the Streets

Written by Benjamin Dangl
Monday, 26 January 2009



After Bolivia's new constitution was passed in a national referendum on Sunday, thousands gathered in La Paz to celebrate. Standing on the balcony of the presidential palace, President Evo Morales addressed a raucous crowd: "Here begins a new Bolivia. Here we begin to reach true equality."

Polls conducted by Televisión Boliviana announced that the document passed with 61.97% support from some 3.8 million voters. According to the poll, 36.52% of voters voted against the constitution, and 1.51% cast blank and null votes. The departments where the constitution passed included La Paz, Cochabamba, Oruro, Potosí, Tarija, and Pando. It was rejected in Santa Cruz, Beni, and Chuquisaca.

The constitution, which was written in a constituent assembly that first convened in August of 2006, grants unprecedented rights to Bolivia's indigenous majority, establishes broader access to basic services, education and healthcare and expands the role of the state in the management of natural resources and the economy.

When the news spread throughout La Paz that the constitution had been passed in the referendum, fireworks, cheers and horns sounded off sporadically. By 8:30, thousands had already gathered in the Plaza Murillo. The crowd cheered "Evo! Evo! Evo!" until Morales, Vice President Alvaro Garcia Linera and other leading figures in the Movement Toward Socialism (MAS) government, crowded out onto the balcony of the presidential palace.

"I would like to take this opportunity to recognize all of the brothers and sisters of Bolivia, all of the compañeros and compañeras, all of the citizens that through their vote, through their democratic participation, decided to refound Bolivia," Morales said. "From 2005 to 2009 we have gone from triumph to triumph, while the neoliberals, the traitors have been constantly broken down thanks to the consciousness of the Bolivian people."

He shook his fist in the air, the applause died down. "And I want you to know something, the colonial state ends here. Internal colonialism and external colonialism ends here. Sisters and brothers, neoliberalism ends here too."

At various points in the speech Morales, and others on the balcony, held up copies of the new constitution. Morales continued, "And now, thanks to the consciousness of the Bolivian people, the natural resources are recuperated for life, and no government, no new president can…give our natural resources away to transnational companies."

A Weakened Right

Though news reports and analysts have suggested that the passage of the new constitution will exacerbate divisions in the country, some of the political tension may be directed into the electoral realm as general elections are now scheduled to take place in December of this year. In addition, the constitution's passage is another sign of the weakness of the Bolivian right, and their lack of a clear political agenda and mandate to confront the MAS's popularity. The recent passage of the constitution is likely to divide and further debilitate the right.

Even Manfred Reyes Villa, an opponent of Morales and ex-governor of Cochabamba, told Joshua Partlow of the Washington Post that, "Today, there is not a serious opposition in the country." When the right-wing led violence in the department of Pando in September of 2008 left some 20 people dead and many others wounded, the right lost much of its legitimacy and support. "With Pando, the regional opposition just collapsed," George Gray Molina, an ex-United Nations official in Bolivia, and a current research fellow at Oxford University, told Partlow. "I think they lost authority and legitimacy even among their own grass roots."

Celebrations

Fireworks shot off at the end of Morales' speech in the Plaza Murillo, sending scared pigeons flying. Live folk music played on stage as the crowd danced and the TV crews packed up and left. The wind blew around giant balloon figures of hands the color of the Bolivian flag holding the new constitution.

As the night wore on, more people began dancing to the bands in the street than to those on the stage. At midnight, when the police asked the thousands gathered to leave the plaza, the crowd took off marching down the street, taking the fiesta to central La Paz, cheering nearly every Latin American revolutionary cheer, pounding drums and sharing beer. After marching down a number of blocks on the empty streets, the crowd hunkered down for a street party at the base of a statue of the Latin American liberator, Simón Bolívar. The celebration, which included Bolivians, Argentines, Brazilians, French, British, North Americans and more, went on into the early hours of the morning.

Oscar Rocababo, a Bolivian sociologist working on his Master's degree in La Paz, was elated about the victory in the referendum. "The passage of this constitution is like the cherry on top of the ice cream, the culmination of many years of struggle."

Recent articles by Benjamin Dangl related to Bolivia constitutional referendum:

From Bolivia's Streets: What Voters Think About the New Constitution (1/25/09)

Bolivia: After Rallies for New Constitution, Morales Nationalizes Oil Company (1/24/09)

Spilling Ink Instead of Blood: Bolivia Poised to Vote on New Constitution (1/22/09)

¿Sí o No? Bolivians Mobilize for National Vote on New Constitution (1/18/09)

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Benjamin Dangl is currently based in Bolivia, and is the author of The Price of Fire: Resource Wars and Social Movements in Bolivia (AK Press). He is the editor of TowardFreedom.com, a progressive perspective on world events, and UpsideDownWorld.org, a website on activism and politics in Latin America. Email Bendangl@gmail.com

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© 2009 Upside Down World

Native Rights News is publishing this article with the express permission of the author. This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/28/2009 07:49:00 AM

Bolivians Ratify New Constitution Giving More Rights to Indigenous Peoples

27 January 2009

Press Conference
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Department of Public Information • News and Media Division • New York

PRESS CONFERENCE BY BOLIVIA ON NEW CONSTITUTION

With early returns showing that 60 per cent of the people of Bolivia had voted in favour of Sunday's historic referendum, the country's Deputy Permanent Representative to the United Nations said today that Bolivians had endorsed a new Constitution that gave greater voice to long-marginalized indigenous groups and "expanded, extended and deepened" democracy to everyone in the county.

Speaking to reporters at United Nations Headquarters this morning, Pablo Solón-Romero said that, for the first time in Bolivia's history, a political Constitution had been put before all the people, who had been able to not only vote on the text, but participate in its drafting. That exercise had reversed centuries of exclusion, as there had been very little public participation –- and no input from the country's indigenous majority -- in Bolivia's 18 constitutional processes since 1825.

"The new Constitution expands, extends and deepens the rights of all Bolivians, especially indigenous people and other groups", that had been historically discriminated against, said Mr. Solón-Romero, noting that the new charter drew on the language of the United Nations Declaration on the Rights of Indigenous Peoples, adopted two years ago by the General Assembly.

Among other things, Bolivia's new Constitution guaranteed ownership of natural resources, as well as ownership of State enterprises by the Bolivian people "to prevent the recurrence of any processes of privatization of State corporations and natural resources that we saw over the past 25 years", he said.

Further, the new Constitution brought together the concept of departmental, municipal and indigenous autonomy with a vision of integration and unity, he continued. The Constitution also placed limits on the extent of land ownership and set up what he called a "pluralistic property regime" that included private, State and communally held property.

Overall, the positive outcome reflected the will of the people to strengthen the rule of law, democracy, unity and justice on an increasingly inclusive basis. "We seek to have the will of the majority recognized and want to move towards the implementation of this new constitutional text in a wide-ranging manner with the participation and initiative of all," he said, stressing that such implementation would be based on respect for Bolivia's traditional legal standards.

He welcomed the participation of the team of international observes who had monitored the vote, and appealed to the international community to continue to work with his Government to strengthen the rule of law and democracy in Bolivia, Latin America and throughout the world.

Responding to questions about criticism of the new Constitution, including that there were provisions which decreed that all people "opposing national unity" were guilty of treason, Mr. Solón-Romero said such accusations were false. Nothing in the Constitution stipulated anything like that. At the same time, the Bolivian State was working to ensure unity, so no actions could be taken that undermined State unity or the spirit of the Constitution.

He also dismissed charges that the Constitution gave President Evo Morales the power to "dissolve Congress at will". The current text maintained the country's political and legislative structure, as well as the methods by which representatives and senators were elected. One key change was that the Constitution now guaranteed indigenous seats in the legislature to ensure the participation of such stakeholders in the country's decision-making processes. "Many lies have been told regarding double participation by indigenous representatives," he said, stressing that each citizen would have one vote.

He said that political interest groups might have been fomenting such accusations, largely because of upcoming elections in the country. Indeed, the political opposition to the new Constitution and the changes it would set in motion remained "ferocious", even though several key concerns -– including departmental autonomy -– had been included in the referendum. The opposition was aiming to destabilize the electoral landscape to gain political clout against the current Bolivian Government ahead of the December 2009 ballot, he said.

To questions about Government officials' comments regarding the behaviour of journalists and press freedom in Bolivia, he said President Morales had expressed his opinion that, often, the actions of the press appeared to be guided more by the interests of the owners of media corporations than the interests of journalism.

"This is a serious problem," he continued, noting that even a quick survey of the past few years would reveal that statements from the opposition were amplified and featured more often by the press corps, so that it appeared to be much greater than the opposition actually seated in Parliament. Bolivia, nevertheless, believed the media played an essential role, but journalists must tell the truth and must be fair and independent.

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For information media • not an official record

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Public Domain Material

Native Rights News is making this material from the UN Department of Public Information available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/28/2009 07:17:00 AM

Historic Vote on New Bolivian Constitution to Occur This Sunday

Spilling Ink Instead of Blood: Bolivia Poised to Vote on New Constitution

Written by Benjamin Dangl
Editor, Upside Down World
Thursday, 22 January 2009

Dozens of marches and rallies in support of Bolivia's new constitution, to be voted on this Sunday, have filled the streets of La Paz in recent days. On Tuesday, at a rally for the constitution and to celebrate Venezuela's donation of 300 tons of asphalt to the city of La Paz, President Evo Morales took the stage, covered in confetti and with a coca leaf wreath around his neck. The crowd cheered and waved signs, one of them saying, "Thanks for the asphalt and the progress."

The new constitution, written in a diverse assembly which first convened in 2006, is expected to pass in the January 25th national referendum. Other governments led by left-leaning leaders in the region have also passed new constitutions in recent years, including Hugo Chavez in Venezuela in 1999, and Rafael Correa in Ecuador in 2008. In varying degrees, Bolivia's new constitution is expected to play an important role in the implementation of progressive policies developed by the Morales administration and his party, the Movement Toward Socialism (MAS).

At the Tuesday rally in La Paz, the sun was strong as drums and roman candles pounded at the air. The screech of packing tape shot out as one bearded participant secured his indigenous wiphala flag to a plastic pole. A group of women blocked off the expanse of one street with a banner that said, "The right wing will not pass – Yes to Evo."

A giant blown-up balloon statue of Evo Morales – present in nearly every La Paz rally in the days leading up the referendum – stood over the crowd. On his chest was the ballot voters were to face this Sunday: the "Si" box was checked, and, on two boxes regarding what hectare amounts to limit new land purchases at, the 5,000 hectare box was checked, the 10,000 hectare box left blank.

During his speech, Morales sounded a bit tired, no doubt from the nearly endless campaigning he's been involved in for the new constitution. After the applause died down, he thanked various groups for arriving and urged people to vote for the new constitution. "Brothers and sisters we believe in you, we believe in the people of Bolivia, so that democratically we can transform Bolivia for all Bolivians," Morales said. He listed off some of the highlights of his three years in office so far, which he said included the nationalization of Bolivia's gas and the fight against corruption. "But we need to constitutionalize these changes," he continued.

Morales pointed out that in the new constitution, basic services – such as water, sewage, gas and electricity – would be a human right, as would education and healthcare. Morales also reflected on the recent history of US intervention in the country and pointed out that the new constitution prohibits the creation of US bases in Bolivia. He clarified that, in spite of the right wing's claims, the new constitution does not (unfortunately) legalize abortion and gay marriage. Above all, he explained, indigenous rights and indigenous representation in government would be empowered. (For more on what changes the new constitution might bring, see this previous article, Bolivians Mobilize for National Vote on New Constitution, 1/18/09)

At this point in Morales' speech, one security guard was already starting to yawn. A light rain began to fall, women pulled plastic bags over their bowler hats, and the "Viva La Nueva Constitución" cheers became weaker as people returned to work from their lunch breaks.

History and Division

Bolivian social movements have for decades been demanding that a constituent assembly be organized to rewrite the constitution. According to the book Impasse in Bolivia, by Benjamin Kohl and Linda Farthing, from 1826 to 2004, Bolivia has had 16 constitutions and six reforms. The first constitution, drafted by Simón Bolívar himself in 1826, promised to create the "world's most liberal constitution." However, even the most liberal of constitutions is ineffective if its dictates are not enforced, which has been the case throughout Bolivian history. Kohl and Farthing also point out that, "Until 1945, all constitutions made a distinction between being a Bolivian – a person born in the country or married to a Bolivian – and being a citizen: a status restricted to literate, propertied men that specifically excluded domestic servants, regardless of income."

Calls for a new constitution as a tool to create a more egalitarian society re-emerged most recently in the 1990s when indigenous groups in the east of Bolivia demanded a constituent assembly to open new space for their political participation in decision-making at the government level. According to the Andean Information Network, indigenous organizations advocating a constituyente "sought greater participation in the political decisions regarding the use and distribution of land and natural resources, the allocation of state resources, and national development policies." In fact, these demands correspond to many of the un-applied rights and guarantees made by previous constitutions.

It's this sense of overdue justice that is leading many people to support the new constitution. As university student Leidy Castro told Prensa Latina, "We will be in favor of a Constitution that for the first time includes all Bolivians, no matter how much money people have. In addition, it protects sectors that have been marginalized for a long time."

None the less, right wing opponents to the constitution have been active in recent weeks as well, organizing marches and campaigns across the country parallel to the activities of those supporting the constitution. Recently, when these groups collide, there have been some violent confrontations, or at least some strong words exchanged.

Around noon on Wednesday, January 21st, a march against the constitution went down the central Prado street in La Paz. Participants were waving the pink flags of the right wing Revolutionary Nationalist Movement (MNR) party with the message "Vamos por el No" written on them. They arrived in the Plaza de Estudiantes where the ever-present Evo Morales balloon was situated along with a giant "Sí" balloon. A crowd of supporters of the new constitution had already gathered there; one of them had a microphone through which he broadcasted his attacks on the right wing with comments such as "You traitors don't have a real plan! We have a real plan with our new constitution!"

The tension escalated, and the two groups began tossing their ample literature and pamphlets at each other, yelling opposing chants. On one side were the blue flags of the MAS, and the multi-colored wiphala flag, and on the other were the pink flags of the MNR. After some spirited verbal battles, and a few scuffles and pushing matches, the MNR contingent marched back up the street, while the MAS supporters remained in the plaza, giving speeches and firing off roman candles into the evening. At a nearby university, revolutionary folk music blasted throughout the day from a speaker next to Palestinian flags and literature about Israel's attacks on Gaza. (Morales recently expelled Israel's ambassador to Bolivia in protest of the bombings in Gaza.) The university's students have been hosting almost nightly marches and torch-filled, bonfire rallies in support of the new constitution.

Media and Change

There have been numerous street battles throughout the process of re-writing and approving the new constitution. But another battle has been waged in the country's media. Major newspapers in Bolivia seem almost unanimously critical of the constitution and the MAS, spreading regular misinformation about both. For example, a recent headline in El Diario newspaper said, "Bolivia Will Return To Barbarism With Community Justice." (Community justice, practiced by many indigenous groups across the country, is officially recognized in the new constitution.) In numerous papers, opinion articles and pieces that draw exclusively from right wing politicians and civic leaders are regularly passed off as straight news, with headlines full of outright lies about the new constitution's contents.

Edwin, a La Paz taxi driver who used to work hauling furniture and goods on his back at local markets, agreed that most media in Bolivia are against Morales and the new constitution. "But who cares what they say? The journalists are few, but we, the Bolivian people, are many."

In response to the media's attacks against the government, Morales has announced the launch of new state newspaper, called "Cambio" (Change), which was released today, January 22. "We are organizing ourselves, we are preparing ourselves with media to broadcast the truth to the Bolivian people," Morales said in a recent speech. "This new newspaper will be launched, that won't humiliate anyone, but will inform and educate us."

Regardless of the extent to which the changes in the new constitution are applied, the document is significant in that it has been a central part of the political battleground for the bulk of Morales' time in office. The constitution is also a kind of mirror held up to Bolivian politics, representing the hopes, contradictions and shortcomings of various sides of the political divide.

There are many valid criticisms of the constitution from the left – that the document won't allow for the break up of existing large land holdings, that it won't legalize abortion, that it doesn't go far enough in combating neoliberalism, that there exists a lot of vague language about how these changes will be implemented, and more. But of the many people who will cast their ballot for the constitution this Sunday, a significant number won't be voting specifically for the new document, or even the MAS government, but against the right wing, and the racism, poverty and conflicts the right has exacerbated in recent years.

In any case, the passage of the constitution will open up a new phase for the Morales government, as well as a new period of electoral campaigning: if the constitution passes, general elections will be held on December 6th of this year. As Alfredo Rada, the Minister of the Government, said in an interview with Telesur, "The government is optimistic and believes that this Sunday we will win a majority triumph with the "Yes" vote, and with this open a new chapter in Bolivian history."

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Stay tuned for more reports and analysis on the upcoming vote and new constitution.

Benjamin Dangl is currently based in Bolivia, and is the author of The Price of Fire: Resource Wars and Social Movements in Bolivia (AK Press). He is the editor of TowardFreedom.com, a progressive perspective on world events, and UpsideDownWorld.org, a website on activism and politics in Latin America. Email Bendangl@gmail.com

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© 2009 Upside Down World

Native Rights News is making this material from Upside Down World available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/23/2009 05:17:00 PM

Ecuador Ratifies World's First Constitution to Give Rights to Nature

In Ecuador, Trees Now Have Rights

By Gar Smith Earth Island Journal, Winter 2009

On September 29, the Associated Press reported that Ecuador's new constitution would "significantly expand leftist President Rafael Correa's powers." It wasn't until the end of a 15-paragraph article that the AP mentioned the new constitution – approved by 65 percent of voters – "guarantees free education through university and social security benefits for stay-at-home mothers." Also missing from the AP's report: any mention that Ecuador's voters had just ratified the world's first "eco-constitution," a pioneering document that, for the first time in human history, extends "inalienable rights to nature."

Not too long ago, Ecuador would have seemed an unlikely nation to become the birthplace of Earth's first green constitution. To service its massive debt to US creditors, the World Bank and the International Monetary Fund forced Ecuador to open its pristine Amazon forests to foreign oil companies. Nearly 30 years of drilling enriched ChevronTexaco, desecrated the northern Amazon, and utterly failed to improve the lives of millions of poor Ecuadoreans. Amazon Watch estimates that Texaco damaged 2.5 million acres of rainforest, left the landscape pitted with 600 toxic waste pits, and polluted the rivers and streams that some 30,000 people rely on. Cancer rates in the area where Texaco operated are 130 percent of the national norm, and childhood leukemia occurs at a rate four times higher than in other parts of Ecuador.

In 1990, the Siona, Secoya, Achuar, Huaorani, and other Indigenous forest-dwellers won title to three million acres of traditional forestland, but the government retained rights to the minerals and oil. In November 1993, Indigenous communities filed a $1 billion environmental lawsuit against Texaco, and Indigenous groups subsequently demanded a 15-year moratorium on drilling, environmental reparations, corporate indemnification, and a share of oil profits.

In 1997, when Ecuador's pro-US government announced plans to rev up oil exploitation by a third, all eyes turned to the Yasuni Rainforest, home to the country's largest oil reserve – estimated at 1 billion barrels. The Yasuni is also home to rare jaguars, endangered white-bellied spider monkeys, spectacled bears, and Indigenous tribes protected by international treaty.

In 2007, the new government of President Rafael Correa announced plans to halt oil exploration in the Yasuni, an action Amazon Watch called "a giant first step toward breaking Ecuador's dependence on oil." Correa's proposal marked a shift to making renewable energy the new path for Ecuador's economic future. The language in the new constitution takes the new policy several steps further.

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Ecuador's radical new constitution features a chapter on the "Rights for Nature" that begins by invoking the Indigenous concept of sumak kawsay (good living) and the Andean Earth Goddess: "Nature, or Pachamama, where life is reproduced and exists, has the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution." The constitution contains a Nature's Bill of Rights that includes "the right to an integral restoration" and the right to be free from "exploitation" and "harmful environmental consequences."

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Surprisingly, there is a US connection to this story. The Pennsylvania-based Community Environmental Legal Defense Fund (CELDF), along with the San Francisco-based Pachamama Alliance, spent a year working with Ecuador's 130-member Constituent Assembly to craft the language that installed ecosystem rights in the heart of the new constitution.

"Today's environmental laws are failing," CELDF observes in a section on its Web site. "By most every measure, the environment today is in worse shape than when the major US environmental laws were adopted over 30 years ago." CELDF notes that US regulations "treat nature as property under law. These laws legalize environmental harm by regulating how much pollution or destruction of nature can occur." They don't forbid pollution, they merely "codify it." By contrast, Right of Nature laws challenge property law by "eliminating the authority of a property owner to interfere with the functioning of ecosystems that exist and depend upon that property for their existence and flourishing." The idea is gaining momentum. Municipalities in Pennsylvania, California, New Hampshire, and Virginia have adopted Right to Nature laws in recent years.

Shannon Biggs of Global Exchange notes "slaves were once also considered property under the law" until Americans understood "we needed to write new laws in order to change … the cultural climate."

With parrot-flecked jungles containing more than 300 different tree species per hectare, cloud forests of amazing biodiversity, and a border that extends to the Galapagos Islands, Ecuador is the perfect spot for the world's first eco-constitution. Ecuador has swung a hammer against the chains designed to keep nature in thrall to commerce. It's time for other nations to pick up the same hammer.
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Copyright Earth Island Journal 2009

Native Rights News is making this material from Earth Island Journal available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/20/2009 07:45:00 AM

Sekaquaptewa: Time for the Hopi to 'Get to Self-Governing'

Sekaquaptewa: Time for Hopi to ‘get to self-governing’
By Pat Sekaquaptewa
Story Published in Indian Country Today: Nov 26, 2008


I find myself in the ironic position of highlighting the great strides of tribal justice systems over the years for an ABA journal article while at the same time my own tribal government is in the throws of a constitutional crisis.

Recently, the Hopi Tribal Council managed to take out the entire tribal high court by resolution. The vice-chairman, who orchestrated the removal of our duly elected chairman, with the assistance of the formerly removed chairman, states that he plans to farm out our appellate judging to a regional intertribal appellate court. This, I believe, is an effort to remove the vice-chairman’s office and supporting members of the council from being immediately accountable to Hopi judges in a Hopi judicial system.

I must admit that despite the shortcomings of our governing document (originally drafted and pushed through by the U.S. Bureau of Indian Affairs in 1936), I never expected to see such a rapid deterioration of our key institutions and the rule of law. If this can happen at Hopi where we have had stable court system for over thirty years, it can happen to any tribal government operating under one of the Bureau’s governing document boilerplates. We should have reformed our constitution years ago and now we will have to take back our government.

The Hopi Tribe launched its tribal court under tribal law in 1972. Prior to that time the BIA ran its administrative court on the Hopi Reservation maintaining the Bureau’s version of law and order as defined in the Code of Federal Regulations. With the establishment of the Hopi Tribal Courts in 1972 and the appointment of trial and appellate court judges, both rule of law and the Hopi common law had begun to grow. I joined the court team in 1993 as a young law clerk to a longstanding trial judge and then later as the senior law clerk to the appellate court’s three-judge panel. I have also served as a pro tem judge on the high court since 2002. Since 1993 I have been fortunate to be a part of the growth of the Hopi common law which has blossomed to respect the sovereign villages, and to incorporate deeply held traditional values, while at the same time making court processes more transparent and reinforcing fundamental fairness at both the tribal and village levels.

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If this can happen at Hopi where we have had stable court system for over thirty years, it can happen to any tribal government operating under one of the Bureau’s governing document boilerplates.

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The recent Hopi Tribal Council action (Resolution H-075-2008) has freed me from my judicial duties and now makes it possible for me to speak openly about what I see as the core issues facing the Hopi government and our villages today. The political roller coaster of the past two years sheds significant light on the fact that government by resolution is bad government and that the time has come for targeted constitutional reform.

Some argue that the 1936 Hopi Constitution has never reflected Hopi/Tewa sentiments but the Hopi/Tewa people have re-adopted it three times with amendments since 1936 (in 1969, 1980 and 1993). The Tribal Council over the years has also passed more than 50 ordinances including rules governing elections and the establishment of the court system. However, within the last two years, each time the political tides have shifted (often by reshuffling council seats or by secret, last minute meetings), that particular group of council members has attempted to overwrite, without formally amending, well-considered constitutional provisions and ordinances relied upon by generations of Hopi/Tewa people and prior councils.

In the case of Benjamin Nuvamsa’s election to the office of chairman, there are procedures for challenging an election in the Election Ordinance that Resolution H-036-2007 sought to preempt. The council’s subsequent suspension resolutions naming Mr. Nuvamsa (H-074-2008) and Justice Lomayesva (H-075-2008), similarly seek to preempt Article V of the Hopi Constitution that sets out the only means by which the legislative branch may unseat members of the executive and judicial branches. Conveniently some of our council members argue that we do not have a constitutional separation of powers requiring the legislature to respect or follow a court’s finding that they have not followed their own rules (as set out in the constitution or in earlier ordinances and resolutions). I must point out that this is despite the fact that Hopi Councils in 1981 and 1996 reiterated their commitment to a separation of powers in Resolutions H-3-81 and H-14-96.

It is true that our Hopi Constitution lacks text vesting the judicial power in a separate judiciary and it is true that we must trust our legislators to follow their own stated commitment to that principle as a last resort. But I must ask - is this approach working? Are the current tribal council members being good trustees for us given the awesome powers that a one-branch government vests in its legislators? The original Hopi Constitution was drafted by BIA employees who saw themselves as the final check on tribal government corruption - a duty the BIA is no longer eager to involve itself in. Today they leave us to our own devices as a matter of respecting our right to self-govern. So it’s time for the Hopi and Tewa people to get to self-governing then.

We Hopis and Tewas need constitutional reform in three key areas: (1) creation of a separate but equal judicial branch to watch-dog that our legislature complies with our Constitution and our ordinances; (2) the setting of requirements for what it takes to legitimately enact and amend an ordinance in a transparent way, and describing what makes an ordinance different from a mere resolution; and (3) the memorializing of the right of the Villages to select and remove their representatives to Tribal Council pursuant to their local ways, standards and rules.

Under Hopi constitutional law the steps for constitutional reform are that: (1) Any Tribal Council member may propose the amendment at any meeting of the Council; (2) At a second meeting of the Council, the Council may vote to approve the amendment by a majority vote; (3) If the Council votes for the amendment then it is forwarded to the U.S. Secretary of the Interior with a request to call a referendum (to put it to the Hopi/Tewa membership for a vote); (4) The Secretary then calls for a vote; and (5) the amendment will be adopted if a majority of adult Hopi/Tewa members vote (with at least 30 percent of those entitled to vote voting).

The original drafters made our Constitution very difficult to amend but it can be done if the Hopi and Tewa public is committed to the task and is ready to make sure that our representatives get it done. Then we need to mobilize our voters. We should all remember that our tribal government is neither Hopi/Tewa in origin nor reflective of the full American model with checks and balances. We were sold a defective model which encourages, at its worst, unchecked power grabs and at its best, unaccountable day-to-day decision making.

Only we Hopi/Tewa people can fix our government. It is far better that we do it with courage now than to leave this mess with cowardice to our children.

Patricia Sekaquaptewa was a Pro Tem Justice on the Hopi Appellate Court since 2002.

http://www.indiancountrytoday.com/opinion/35154579.html


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