Saturday, February 18, 2012

The International Law of Colonialism

The International Law of Colonialism: A Comparative Analysis



Robert J. Miller


Lewis & Clark Law School
Lewis & Clark Law Review, Forthcoming

Lewis & Clark Law School Legal Studies Research Paper No. 2011-23

 
Abstract:     

The majority of the non-European world was colonized under an international law that is known as the Doctrine of Discovery. Under this legal principle, European countries claimed superior rights over Indigenous nations. When European explorers planted flags and crosses in the lands of native peoples, they were making legal claims of ownership and domination over the lands, assets, and peoples they had "discovered."

These claims were justified by racial, ethnocentric, and religious ideas of the alleged superiority of European Christians. This Article examines the application of Discovery by Spain, Portugal, and England in the settler societies of Australia, Brazil, Canada, Chile, New Zealand, and the United States. 

The comparative law analysis used in this Article demonstrates that these three colonizing countries applied the elements of the Doctrine in nearly identical ways against Indigenous peoples. Furthermore, the six settler societies analyzed here continue to apply this law today to restrict the human, property, and sovereign rights of Indigenous nations and peoples. 

This Article concludes that basic fairness and a restoration of the self-determination rights of Indigenous peoples mandates that these countries work to remove the vestiges of the Doctrine of Discovery from their modern day laws and policies.

Number of Pages in PDF File: 106
Accepted Paper Series

Date posted: August 31, 2011 ; Last revised: September 21, 2011

Suggested Citation

Miller, Robert J., The International Law of Colonialism: A Comparative Analysis (August 30, 2011). Lewis & Clark Law Review, Forthcoming; Lewis & Clark Law School Legal Studies Research Paper No. 2011-23. Available at SSRN: http://ssrn.com/abstract=1920009

La Flecha de Tenamaxtle


CALMECAC ABYA YALA
TENAMAZTLE Caxcan Nation - 1541

La Flecha de Tenamaztle : Arrow of Tenamaztle
2012
Wednesday March 14 – Friday March 16
Tucson to Phoenix

Alianza Indigena Sin Fronteras

Submission to the United Nations
Permanent Forum on Indigenous Issues
May 7-18, 2012 UN Headquarters New York
Colonization and Cognition,
Human Rights and Education
A Pilgrimage of Purpose and
Self Determination

CHACANA CHICHIMECA
from
Tucson to Phoenix
O'Odham Nations Territories
and the 
Arizona Department of Education
arriving at
1535 West Jefferson Phoenix, AZ
Friday March 16, 2012
3:00 PM – 6:00 PM
TONATIERRA
###
United Nations Permanent Forum on Indigenous Issues
Tenth Session  New York, 16th – 27th May, 2011
Agenda item:  4. Human rights:  (b) Dialogue with the Special Rapporteur; and Dialogue with the UN Expert Mechanism on the Rights of Indigenous Peoples  

The Rights of Mother Earth and Indigenous Peoples


We call on the UNPFII to engage in partnership with Indigenous Peoples and the International Labor Organization (ILO) to conduct a study and submit a report to the UNPFII at its 11th session in 2012 on the implications and relevancy of the Preliminary Study on the impact of the Doctrine of Discovery as relates to the international obligations and processes codified in ILO Convention C169 with respect for the Human Rights and Fundamental Freedoms of Indigenous Peoples. In terms of processes of accountability for violations of these rights, perpetrated systematically by the imposition of international borders of government states on the territories of our Indigenous Nations, we recommend that specific focus for the study should be evaluation of the impact from local to regional, regional to continental, continental to global scales of ecology of the Natural World and our shared responsibilities as defenders of the Human Rights of the Future Generations and the Rights of Mother Earth.

For more Information:
Email: tonal@tonatierra.org
(602) 254-5230

Friday, February 10, 2012

stars


stars


There were stars
before the sky was turned black by war guns
of alien armies who came to put flame to
the land, searing scars of inhumanity and greed.

The echoes still roar -
hollow eyed sockets
of false reality still see those rockets,
scorching the earth with titles
of manifest destiny, against
whom
they stood,
they who are we
Indigenous Peoples
understood.

The stars will
return in the sky.


Tupac Enrique Acosta
chantlaca@tonatierra.org



 *************
Tlazolli

The concept of title in relation to land is a mythological construct, in which the world view of cultural identity is embedded and perpetuated across generations. 

The simple reason is of course that the land is eminence itself, preexisting and outlasting any human society.  The relationship with the land, with the material world which emerges from the land, is then defined and evidenced by the traditional systems of inheritance and identity which perpetuate these teachings to the generations of the future. This is universal for all societies, but it is the traditional Indigenous Peoples from around the globe that create identity by ecological relationships to the constellations of families, mountains, rivers, deserts, nations, oceans and stars that define our homelands in the universe.

The societies of the European-American settlers do not.

The present systems of the United States and other governments states of the hemisphere which derive their justifications for jurisdiction over the land on the Divine Right of Kings to Dominion over the Earth and its Peoples, is pure myth.  Or better said, it is false myth -- a dead story with no teaching to teach but only a power grab to justify. 

It cannot even hold coherence before the science of its own culture, now finally clarified that matter-energy are aspects of relationship to life, with automatic inflection by the world view of each clan, family, tribe, community, nation, and culture.

To claim ownership by land title today in view of the above is the equivalent of proclaiming that the world is flat. It is the position of a lost world, and a false reality.  It is an empire with no clothes.

Tupac Enrique Acosta
chantlaca@tonatierra.org
TONATIERRA
www.tonatierra.org

Tlazolli : the sacred weaving of elements, our tie to Tonantzin –Our Sacred Mother Earth, the umbilical cord that connects Heaven and Earth (Mexico). It is what the religions of the world call love and the scientists call gravity.

Wednesday, February 8, 2012

The West is a Guest



Dawn of the Izkaloteka

In 1848, the same year as the signing of the Treaty of Guadalupe Hidalgo ending the war between the United States and the Republic of Mexico, an experiment in techniques of colonization of the Indigenous Peoples and territories was initiated among the Donahguh (Seneca), one of the member nations of Haudenosaunee Six Nation Iroquois Confederacy.  Traditionally known as the People of the Longhouse, the Six Nations are the aboriginal sovereignty of the territories that came to be identified by the geography of the European colonizers as first New Amsterdam and then later, New York.

The experiment was spearheaded by the Christian religious group known as the Society of Friends (Quakers), who had been successful in converting some of the Senecas to their belief system.  These converted Christianized Indians were to serve as representatives of the Seneca Nation to the governments of New York and the United States under a new regime to be implemented under a tribal council established through an elective system.  In essence a political coup, displacing from the decision making power over Seneca resources, membership and policy the traditional clan system of the Longhouse that had served the Haudenosaunee for generations, the establishment of elective systems with Tribal Council identities controlled by Washington began in 1848 with the Seneca and served as the model for federal control of native lands, populations, and identity for the next century.  While these programs of colonization continue today in advanced form among the federally recognized tribes under United States jurisdiction, the resistance of the Indigenous Peoples and the resiliency of our traditional government systems has also been uninterrupted, continuing to be assertive of the Right to Self Determination by implementing our own ancestral forms of self-governance within our traditional territories.  At the international level, this technique of collective political assassination by the creation of a political entity that usurps the symbolic identity of a native nation can be seen in the establishment of the Republic of Mexico in 1836 within the orbit of Hispanic control.

In the Xicano Studies courses taught by the University of Aztlan some thirty years ago, the question was asked “How could Mexicanos become U.S. citizens by the Treaty of Guadalupe Hidalgo in 1848 when U.S. naturalization laws then in effect admitted into U.S. Nationality and Citizenship only those who could fulfill the racial criteria of being “WHITE”?  These courses were sometimes assignments in self directed study, such as research missions to the primary sources of the studies by Lewis Henry Morgan; sometimes the study involved strategy and tactics of indigenous self defense such as the Wounded Knee conflict in South Dakota in February of 1973. In all cases, in all courses, the curriculum involved searching for the threads of our indigenous identity that had been shredded by 500 years of genocide and strengthening the community building capacity and skills of our movement in order to rebuild our Indigenous Nations.  Along the way we realized that there was common element in the enemy concept, a psychological strategy that was being disguised as a form of jurisprudence:  a legal system.

The Maoris of Aoteroa have called it the “jurisprudence of oppression” referring to the colonizer’s systems of law that are the psychological instruments of colonization, implemented by physical force, establishing the context of rights, responsibilities and wrongs for the human society of a particular territory.  The bottom line is that these psychological systems establish the parameters of context for behavior and thought, identifying and protecting that which is “civilized” as opposed to savage, legal as opposed to criminal.  At the international level, the systems coincide and collaborate within the context of what is described as the United Nations system, a system controlled by government states in proportion to their respective economic and military power.

All legal systems are based on the customs and traditions of the Peoples from which they derive.  We too, as Indigenous Peoples have our own systems of jurisprudence; we call them the Tradition.  What is critical, now more than ever, is an effective evaluation of the relationship of these systems to the precept of justice, expressed in terms of the reciprocal nature of our global humanity.  
 

Our tradition as Xicanos teaches that the principle of equilibrium within the ecosystems of the universe of the FOUR DIRECTIONS is integral to the concept of justice in the human realm.  This for us – defines for us, the courtroom of our collective community judgment.  Self definition is the precept of self determination, and warrants self defense in terms of the current global campaigns of psychological warfare that dominate the agenda of the so called “civilized world”.

From this courtroom, from the OrigiNations themselves, a Warrant of Arrest is issued: not to incarcerate but to Liberate.  From within, the swirling space of sacred elements resonates with a voice that emerges from the future generations: the voice is echoed by Totatonatiuh (Father Sun) and Tonantzin (Mother Earth). 

It is not one, but all Nations under God, and in terms of Civilization, here, on this our homeland as Indigenous Peoples – the West is a Guest.





Tupac Enrique Acosa
chantlaca@tonatierra.org
TONATIERRA
www.tonatierra.org



Monday, January 23, 2012

Who Declared War on the Word Chicano?


Who Declared War on the Word Chicano?  
by Roberto Rodríguez

       
“The word Chicano, I learned, was not a denial of Mexican blood, rather it was a reaffirmation of it.”

Having been born in Mexico, my family moved to East L..A. when I was five  years old. At that time, Spanish was not spoken too much and if you spoke it, you were considered a “wetback.” Since that is all I spoke when I first went to elementary school, I was a wetback. Crossing the border was instant education. I was brown, I was born in Mexico and I spoke nothing but Spanish. I was a wetback. They were brown, they were born in the U.S. and they spoke English — they were Americans. This was East L.A. in 1960. I knew something was wrong. I learned to speak English almost instantly.

So the years went by and I couldn’t understand the psychology of  the Mexican-American. It seemed like the majority were ashamed to be Mexicanos. Many claimed to be Americans — they even denied having Mexican blood. But how could they explain their last name away? Easily — they were Spanish, they were Americans of Spanish descent. As a kid, I couldn’t understand why Mexicanos born in the U.S. side of the border, hated Mexicans, like myself, who had come over from Mexico.

At the time, I didn’t know the history of discrimination against the Mexican-American. All I knew is that because I had learned English fast, I was no longer considered a wetback. Because of  this, I would constantly hear the extreme hatred Mexican-Americans had against Mexicanos.

So in Junior High — who was thinking politics? We weren’t. At the school I was going to, Eastmont Jr. High, we used to have food riots, walkouts, and sit-ins routinely. One of our walkouts happened to coincide with the big-time East L.A. walkouts of ‘68. At this time, I began to  start hearing the word Chicano used in a context different from which I knew. I had always known La Chicanada to mean the plebe — La Raza Mexicana. Like I said, I wasn’t into politics, but I thought it was a heavy word. It was a word which said ‘soy Chicano — no soy Americano.” Because I was born in Mexico, I could not use the word Chicano in that context. How could I? I wasn’t an American, I wasn’t even a citizen.

I think I was in tenth grade when I heard Sal Castro, leader of the school walkouts on the Eastside, explain the meaning of the word Chicano and the Chicano movement. It was something heavy. The word Chicano, I learned, was not a denial of Mexican blood, rather a reaffirmation of it. It was heavier than that — it was understanding our indigenous roots, and at the same time, understanding the nature of Spanish colonialism. As a sixteen -year-old, all that stuff was heavy. To be Chicano was a rejection of all foreign labels. To be Chicano was to reaffirm our pride in our Raza. In those years, to call yourself a Chicano was the equivalent of committing a crime. It was sacrilegious. Even among our Raza — the word was looked down upon. To gavachos, it was  rebellion — it was war. And that’s what the word came to stand for — RESISTANCE and DEFIANCE. Gavachos declared war on the word Chicano and all those who used it.

When the Sheriffs killed Ruben Salazar (along with Angel Diaz and Lyn Ward), a prominent columnist for the L.A. Times and news director for Spanish-language television station, KMEX, La Raza united in total resistance. Anyone who halfways knew what was going on, knew that the war on the Chicano was real. The only voice La Raza had, had been silenced. Ruben Salazar didn’t represent Chicanos, nor did he claim to, but just as important, he wrote about the problems afflicting La Raza.

Chicano… Resistance…Defiance. It was more than understanding our bloodlines… it was more than understanding our history. It was more than understanding the savagery of Spanish and Yanqui Imperialism, which was responsible for the rip-off of the Southwest. Chicano was to rebel. To be Chicano was to take a stand. To be Chicano meant NO COMPROMISE — NO ACCOMMODATION. To be Chicano was to say, “WE ARE NOT THE FOREIGNERS!”

“We are not the foreigners!”

When we were kids, we were told by  gavachos to go back to Mexico — our response was  “THIS IS MEXICO!” When we were called wetbacks, we would respond, “WE DIDN’T SWIM ACROSS THE OCEAN.”

When a gavacho told us we were foreigners — we just laughed. Gavachos we could deal with… but when a Mexican-American called us a wetback, that we couldn’t understand. So yeah, when the Chicano cried out that we were not the foreigners, it was a welcome cry to Mexicanos.

Despite all this, I could never get myself to call myself Chicano. I agreed with everything the Chicano Movement stood for — TOTAL RESISTANCE. Yet, the memories as a kid were too strong. I could never turn my back on Mi Raza Mexicana… but something happened during my senior year in high school. I was going to go college no matter what the cost. The message of “Edúcate Raza” had sunk in. So when I was up for admission to Cal-State L.A., a Chicano recruiter was interviewing me. I had satisfied all the requirements. Academically, I had no problem; and politically, East L.A. and the Movimiento Chicano was all I could think about. So the recruiter asked me: “Do you call yourself a Chicano?” I froze. In a split second I knew my answer would determine if I was accepted or not. I knew that Chicano recruiters were not interested in eggheads. They were interested in righteous Chicanos with a good head on their shoulders. After a split second, I responded: “You know what, nobody’s ever asked me what I call myself. I was born in Mexico and I grew up in East L.A… SOY MEXICANO…” I paused for a second. Thinking the recruiter had become irritated, I asked him, “Is there a difference?”  I was accepted to Cal-State, but I ended up not going there.

I had answered my own question. There was no difference! LA MISMA RAZA… it was not a denial, it was a reaffirmation— and even more than that, it was TOTAL RESISTANCE and it was OPEN DEFIANCE.

Just as the Chicano declared war against oppression — the gavacho declared total war  on the Chicano.

The militancy and resistance  of the 1960s and 1970s has seemingly subsided although the Chicano population has doubled. Again, the Chicano is ready to revolt. Conditions which gave rise to Chicano power are worse today than 15 years ago. The threat of rebellion is real, but in the 1980s you cannot have the U.S. government turn loose its troops against a large segment of the population — the Mexican people. The U.S. has enough trouble trying to send troops into El Salvador. The U.S. can’t send troops against Chicanos to destroy us — they don’t have to.  War and genocide occur in many ways.

The Spaniards were experts in genocide. So were the English and so were the Nazis. Genocide is not only the systematic and physical extermination of a people — it also occurs psychologically. Genocide against our race has never ceased. It continues daily. The method is a sophisticated psychological war against our minds.

Right now, there is a total war against the word CHICANO. What’s so important about a word?

The word CHICANO means TOTAL RESISTANCE. It means OPEN DEFIANCE. It means Y QUE!

This kind of mentality breeds rebellion. The U.S.  cannot have whole generations of kids growing up questioning the rights of gavachos to walk all over us. On their side, they have media — and they have money. On our side, we have a whole generation of guerrilleros and guerrilleras, a whole generation who defied the “melting pot,” a whole generation who openly resisted.

This generation of defiant Chicanos are now in a position to educate our Raza. They are the teachers, they are the instructors and they are the professors. In the struggle for the minds of our Raza — the gavachos clearly outgun us. Their sophisticated psychological war is directed ingeniously by money. Money is the weapon that’s destroying our resistance and our defiance. Money is responsible for the extermination of the word Chicano. Today, all money coming out to Raza from the government sector is labeled “HISPANIC.” Everything relating to us is Hispanic. Why does the Government openly embrace the word Hispanic? Because the business sector heavily relies on government contracts, they also eagerly embrace that radical word Hispanic. Whereas ten years ago, gavachos dreaded hearing the word Chicano — now they openly promote and encourage the use of the word Hispanic. Pretty soon they'll be making us bow to the king of Spain. Why the big push to use that word? Has anyone ever bothered to find out what Hispanic means or represents? In the World Book Encyclopedia, the word Hispanic means Spanish… meaning that when you hear people talk about Hispanic culture, they are referring to Spanish culture. Spanish culture — what does it represent? In the Americas, Spanish culture is responsible for genocide. The Spaniards killed millions upon millions of our Raza. Spanish culture came to the Americas as a result of conquest — it was imposed on our population. Genocide on the part of the Spaniards is unequaled in the annals of human history. Spaniards invented the Orwellian Society in which black is white, white is black— right is wrong and wrong is right. Vestiges of Spanish colonialism are with us today. Chicanos/Mexicanos — an indigenous population — are taught to believe that if you are Mexicano, you are not Indian. In fact, the Mexicano is taught to hate the Indian. In the U.S., Mexicanos are legally considered Caucasian — AND SOME PEOPLE EVEN BELIEVE IT!  In Mexico, there is fierce pride in “Our Indian Ancestors,” but somehow, at some point in history, the Mexicano ceases to be Indian. Where that break occurs, I don’t know, because the supposed break comes with the Mestizaje. The Mestizaje is a MYTH as is the concept of the cosmic race. Mexico is an indigenous country with primarily an indigenous population. There is, however, a European element in Mexico (also Central and South America), which controls and promotes Spanish and other European cultures. The concept of the mestizaje and its twin theory of the cosmic race are mythical inventions. When one hears mestizo, it implies that we are half-Spanish and half-Indian. This is not proven by history. Rather than mestizaje, a rape occurred. To begin with, in relation to the indigenous population, not that many Spaniards came to Mexico. Of those that came, the overwhelming majority were males. The free mixing, or rather the peaceful mestizaje between the two races never took place. The Spanish male raped the Indian woman. The Indian men never mixed with Spanish females.

Obviously, our race, even though tens of millions were slaughtered, is still here. We were the victims of the worst genocide in history. Those who survived were put into slavery and worse than that, a cultural, spiritual and psychological genocide occurred. Spanish culture was imposed on our race. Spanish and indigenous culture bear NO similarities whatsoever. They are poles apart… but that was hundreds of years ago. Independence in the 1820s throughout the Americas kicked the Spaniards back to Spain. However the Criollos (Spaniards born in the Americas) and Spanish culture remained. The revolution of 1910 was an indigenous revolt. It was a revolt against  Diaz — but it was also against European interests and European ideas. It was an attempt to break the shackles of European (Spanish and American) culture.

In history, the revolt of Chicanos will also be seen as an indigenous revolt.

Here now in the 1980s — an attempt is being made to suppress the rebellion of the Chicano/Mexicano Indigenous Race.

The solution is simple. Impose Hispanic culture on our Raza. Hispanic culture is European — it is not indigenous… so… the war has begun…  Hispanicize La Raza. We already kicked the Spaniards out once… and it seems like we’ll have to do it again, but this time, it will be a lot harder. This time, were not fighting  Spaniards on horseback. Likewise, we cannot fight with spears and stones. The struggle is this - Europeanize La Raza or else… or else what? If the U.S. does not Europeanize us, then  our Raza will reclaim our Indigenous roots. Meaning… that if we are Hispanics, we are proclaiming that we have European roots. This is not only important, it is the key to our future. By the year 2000, Raza will be the overwhelming majority in the Southwest. If our population is conned into believing we are Hispanics, then in effect, we are saying that we are immigrants. So the real immigrants, gavachos, claim to be the Native Population, while we, the Native population are treated like the foreigners. We become subject to deportation. It’s twisted logic — but it’s already here with us.

Our only hope is to struggle against ideas which lend credence to the belief that we are foreigners — WE ARE NOT THE FOREIGNERS!

It sounds like a lot of hot air over nothing— over a couple of little insignificant words. Well, like stated earlier, we are engaged in a very sophisticated psychological war.

In twenty years the difference between Chicano and Hispanic will mean the difference of a South Africa-type situation in which the native majority is ruled by a minority; in which the native majority  is considered the foreigners and in which the native majority is subject to deportation.

The word Hispanic is not interchangeable or synonymous with the word Chicano. They are diametrically opposed to each other. Again, why the big fuss over a word? Because there is nothing positive about Hispanic culture in the Americas. Hispanic culture in the Americas is the equivalence of imposing Nazi culture upon Jews. To promote Hispanic culture is not to understand history correctly.

The Spaniards were responsible for the slaughter of millions. We cannot forget that part of our history. Promoting the word Hispanic as something positive is denying that genocide of our race ever took place. It is hard not to use the word Hispanic because it is all pervasive. Everywhere you turn, it’s Hispanic this or Hispanic that. If we had brought on the word ourselves, maybe it would be all right, but we didn’t.

That word is being shoved down our faces. You can’t ignore it, but you can reject it.

One of the main reasons it is pushed on us is because bureaucrats claim that Hispanic refers to not just Mexicans, but also to Central and South Americans, Caribbeans, etc. Hispanic might be a convenient term, but it is totally inaccurate.

The word Hispanic refers to no one but the European element which attempts to crush and suppress our indigenous culture — be it in North or South America. Consider the question:

Every time someone uses the word Hispanic— is that person consciously or unconsciously denying our indigenous culture?

!SOY CHICANO
       Y QUE!  

                                               
(c) 1982 Corazón de Aztlan Magazine
East Los Angeles


Wednesday, January 18, 2012

La Niña, la Pinta, la Santa Maria, the Mayflower:

The NAFTA and the NARCO


IMG_6289.JPG
YouTube:
The Legend of Truth
and the 
Doctrines of Power

Challenging the Masters' Narrative
of 
OPPRESSION
SUPPRESSION 
and
REPRESSION

*******
United Nations Permanent Forum for Indigenous Peoples
Eleventh Session May 7-18, 2012
SPECIAL THEME


 RESISTANCE

REBELLION

REGENERATION
*************
 The impact will not endure
of that you can be sure

and conquest is not my
QUEST

much less my address. or redress:


so that there then

NOW

you may begin to see

I don't fly by doctrines

instead we

Nations of Indigenous Peoples

Are, have been, will permanently be -

REALITY


*******
Self Determination:
IMG_3531.JPG

Archive of Abya Yala
Memoria del Movimiento Ind
ígena Continental 1990-2010
History of the Continental Indigenous Movement 1990-2010
www.abyayalanet.org