https://www.hsdl.org/hslog/?q=node/6375, accessed April 13, 2012.
(El Calaboz Rancheria, Nde’ Traditional Territory, April 13, 2012)
See Related article
1. Military activities shall not take place in the lands or territories
of indigenous peoples, unless justified by a relevant public interest or
otherwise freely agreed with or requested by the indigenous peoples
2. States shall undertake effective consultations with the indigenous
peoples concerned, through appropriate procedures and in
particular through their representative institutions, prior to using
their lands or territories for military activities.
1. Indigenous peoples, in particular those divided by international
borders, have the right to maintain and develop contacts, relations
and cooperation, including activities for spiritual, cultural, political,
economic and social purposes, with their own members as well as
other peoples across borders.
2. States, in consultation and cooperation with indigenous peoples,
shall take effective measures to facilitate the exercise and ensure
the implementation of this right.
Indigenous peoples have the right to participate in decision-making
in matters which would affect their rights, through representatives
chosen by themselves in accordance with their own procedures,
as well as to maintain and develop their own indigenous decisionmaking
States shall consult and cooperate in good faith with the indigenous
peoples concerned through their own representative institutions in
order to obtain their free, prior and informed consent before adopting
and implementing legislative or administrative measures that
may affect them.
1. Indigenous peoples have the right to their traditional medicines
and to maintain their health practices, including the conservation of
their vital medicinal plants, animals and minerals. Indigenous individuals
also have the right to access, without any discrimination, to
all social and health services.
2. Indigenous individuals have an equal right to the enjoyment of
the highest attainable standard of physical and mental health. States
shall take the necessary steps with a view to achieving progressively
the full realization of this right.
1. Indigenous peoples have the right to the lands, territories and
resources which they have traditionally owned, occupied or otherwise
used or acquired.
2. Indigenous peoples have the right to own, use, develop and
control the lands, territories and resources that they possess by reason
of traditional ownership or other traditional occupation or use,
as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands,
territories and resources. Such recognition shall be conducted with
due respect to the customs, traditions and land tenure systems of the
indigenous peoples concerned.
States shall establish and implement, in conjunction with indigenous
peoples concerned, a fair, independent, impartial, open and
transparent process, giving due recognition to indigenous peoples’
laws, traditions, customs and land tenure systems, to recognize and
adjudicate the rights of indigenous peoples pertaining to their lands,
territories and resources, including those which were traditionally
owned or otherwise occupied or used. Indigenous peoples shall have
the right to participate in this process.
1. Indigenous peoples have the right to determine and develop
priorities and strategies for the development or use of their lands or
territories and other resources.
2. States shall consult and cooperate in good faith with the indigenous
peoples concerned through their own representative institutions
in order to obtain their free and informed consent prior to the
approval of any project affecting their lands or territories and other
resources, particularly in connection with the development, utilization
or exploitation of mineral, water or other resources.
3. States shall provide effective mechanisms for just and fair redress
for any such activities, and appropriate measures shall be taken to
mitigate adverse environmental, economic, social, cultural or spiritual
The United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples
The ongoing use of militarization to uphold the economic well-being of powerful interest groups is a growing trend viewed by Indigenous Peoples to be deeply enmeshed in the settler state and settler nation which have long histories in legitimizing dispossession, displacement, and systemic violence in Indigenous lands by and through the use of the military.
Since 2002, the U.N. Permanent Forum delegates have consistently submitted interventions calling upon the U.N. to “consult affected indigenous peoples’ request United Nations agencies to ensure that funds allocated for development are not used for military activities; and recommend the appointment of a Special Rapporteur on militarization in indigenous areas” (HR/4601, May 2002).
Cynthia Enloe argues militarization is never gender neutral and is “a step-by-step process by which a person or a thing gradually comes to be controlled by the military or comes to depend for its well-being on militaristic ideas…and involves cultural as well as institutional, ideological, and economic transformations” (Enloe 2000:3).
Catherine Lutz argues militarization is connected to “militant nationalisms and fundamentalisms… to the less visible deformation of human potentials into the hierarchies of race, class, gender, and sexuality, and to the shaping of national histories in ways that glorify and legitimate military action” (Lutz 2002:723). Ndé memory and Oral Tradition today narrate heretofore negated aspects of militarism and militarization on the repression of Indigeneity and Knowledge.
During Lipan Apache Women Defense’s ongoing work alongside Nde’ peoples, we have listened and engaged in crucial dialogues with Elders, women, youth, men, families and Chiefly peoples who have raised critical questions about the serious relationship between historical and contemporary uses of force against Ndé and related Indigenous Peoples of the Texas-Mexico border region.
A working group of Nde’ leaders are researching how current-day militarization of the Nde’ traditional lands and territories is part of a larger social, historical, economic and political process to colonize, dispossess and assimilate Indigenous Peoples through use of force, coercion, and domination. Currently, Nde’ peoples are examining how current-day dispossession is tied to historical legal constructs rooted in the Doctrine of Discovery. This line of inquiry is a concern to Indigenous legal scholars as well (Frichner 2010; Miller 2005).
At that time, the Lipan Apache Women Defense provided details of the destructive effects on Indigenous Peoples social organization, traditional knowledge, families, lands, water, and cultural resources. At that time, LAW-Defense provided evidence of the level of impunity in which local, regional, state, and national actors, organizations, and systems were dismantling Indigenous land-based social and economic forms of inherent belonging with Nde’ traditional lands and territories.
“This story, which we can call the Texas Creation Myth, was retold and refined in books, articles, and pamphlets published in cities across the U.S. Texan ambassadors to the United States chanted the Creation Myth like a mantra, and sympathetic U.S. politicians soon knew it by heart.35 The myth contained three basic components: First, Texas had been a wasteland before Anglo-American colonists arrived, because the Mexicans, “either through a want of personal prowess or military skill … were unable to repel the frequent incursions of their savage neighbors.” Second, officials in Mexico invited American colonists into Texas both to redeem the wilderness from the Indians and to protect northeastern Mexico from Indian attack. Third, the Americans quickly accomplished these twin tasks. As one author put it, “the untiring perseverance of the colonists triumphed over all natural obstacles, expelled the savages by whom the country was infested, reduced the forest to cultivation, and made the desert smile.” (Delay, “Independent Indians and the U.S.-Mexico War,” para. 25, The American Historical Review.)