North America & Oceania

US Reaches $554 Million Settlement with Navajo Nation

By Kathryn Maureen Ryan
Impunity Watch Managing Editor

WINDOW ROCK, Navajo Nation – On Thursday the Navajo nation reached a 554 million settlement with the United States government, ending years of litigation. The landmark settlement stems from a 2006 lawsuit in which the Navajo nations claims the United States Government mismanaged natural resources and trust fund assets dating back to 1946. The Navajo nation charged the federal government with failing to properly managed, invest and account for tribal funds and resources derived from the tribe’s 14million acres of trust lands, which are leased for various purposes, including farming, grazing, mining and timber harvesting. The Navajo Nation semi-autonomous reservation is the largest Native American reservation in the United States with 300,000 members and 27,000 square miles of territory in three states, Utah, Arizona and New Mexico. Despite the nation’s vast resources wealth many of the tribal members who live in remote areas of the reservation live without basic modern amenities, including electricity and running water. The Navajo lawsuit alleges that the Bureau of Indian affairs miss-management of Navajo assets contributed to extreme poverty on the reservation and prevented the nation from taking actions of its own.

Navajo Nation President Ben Shelly presents Secretary of the Interior Sally Jewell with a blanket after signing the $554 million settlement reached between the Navajo Nation and the Untied States government on Sept. 26, 2014, at Window Rock Veterans Memorial Park in Window Rock. (Photo courtesy of The Arizona Republic)

On Friday the United States Secretary of the Interior Sally Jewell, under whom the Bureau of Indian Affairs is managed, led a delegation of federal officials at a signing ceremony at tribal headquarters in Window Rock. After the ceremony she said that the funds will be transferred to the Navajo Nation within weeks. “By the end of the year, we believe the check will actually be here and in the bank and earning interest,” Jewell said.

United States President Barack Obama has directed that future interactions with Native American tribes should be based on a government-to-government status, recognizing that tribes should exercise self-governance and self-determination, Secretary Jewell. “Our job with 21/2 years remaining is to make sure that we deepen the relationship with Indian country, so no president coming after President Obama — Republican, Democrat or independent — can undo the good work that we’ve started, because we need to move forward in this next generation,” Jewell said.

Acting U.S. Assistant Attorney General Sam Hirsch, who attended Friday’s ceremony, said President Obama has long worked to strengthen ties between the United States and the Navajo Nation, adding that “it reflects my personal commitment to resolving long-standing lawsuits rather than wasting the time and resources of both the United States and Indian tribes in contentious litigation.”

The landmark legal settlement, which concluded eight years of litigation, is the most paid by the federal government to a single Native American tribe. Ben Shelley, President of the Navajo Nation, said the agreement does not fully compensate the nation for the loss of revenue suffered and harm caused by the federal governments action’s over the past several decades. However, he believes the settlement marks a turning point in the relationship between the federal government of the United States and the Navajo Nation. “The trust litigation has been a protracted battle and, in the end, it was a victory for tribal sovereignty,” Shelly said in a statement. “After a long, hard-won process, I am pleased that we have finally come to a resolution on this matter to receive fair and just compensation for Navajo Nation.”

For more information please see:

The Arizona Republic – U.S. Government Formally Agrees to Pay Navajos $554 Million – 26 September 2014

CNN International – Navajo Nation to Sign $554 Million Settlement from U.S. Government – 25 September 2014

The Los Angeles Times – U.S. Settlement with Navajo Nation is Largest Ever for a Tribe – 25 September 2014

The Washington Post – U.S. to Pay Navajo Nation $554 Million in Largest Settlement with Single Indian Tribe – 25 September 2014

Australia Expands Laws to Face Terrorist Threat

By Max Bartels

Impunity Watch Reporter, Oceania 

 

Canberra, Australia 

The Australian Senate has passed a new bill in response to the recent foreign and domestic terrorist threats facing Australia. The new legislation will make it easier for intelligence and law enforcement agencies to access the personal information on computers and cell phones of Australian citizens overseas. The bill would also create an increased penalty of up to 10 years in prison for disclosing secret information, this is especially concerning for journalists, who are concerned that they will be targeted with these new penalties. Lastly the new legislation gives civil and criminal immunity to Australian intelligence agents. The government was quick to comment that the immunity would not be extended to those agents that caused death, serious injury, engaged in sexual offenses or severe damage to property.

IS TERROR SUSPECT RAIDS
Australian police outside a house in Sydney during raids last Thursday (Photo Curtesy of SBS)

The Parliament has pushed for these new laws in response to major counter terrorist operations in recent weeks, where Australian law enforcement and intelligence agencies foiled an ISIS plot to stage a public beheading in Sydney. There have also been smaller incidents, including a number of arrests involving ISIS recruiters operating in Australia. The Australian response was to lift restrictions on the intelligence community however; the political opposition parties are voicing their disapproval. Both the Liberal Democratic Party as well as the Green Party has stated that these new laws will effectively restrict freedom of the press. The major concern is that if the press is not able to report on intelligence activities then democracy in Australia will be undermined.

Another major concern of the opposition groups was that torture could be included in the new laws. Prime Minister Tony Abbott gave a speech in response to this rumor that torture would not be included in the new legislation and that it will remain outlawed in Australia. The legal immunity was also explicitly stated to not cover incidents of torture. It has only  been in the last few weeks that Australia responded to a call from the U.S. to aide international efforts in combating ISIS. In response to that call Australia deployed troops abroad, with Prime Minister Tony Abbott stating that Australia was not out of the reach of the ISIS threat. Shortly after the deployment announcement, ISIS became very active in Australia, evident from a foiled terrorist plot as well as a slew of arrests. Now Australia has adapted their laws to face the new threat but many worry that it will lead to injustice.

For more information, please see:

ABC News — Senate Passes New Counter-Terrorism Giving Stronger Powers to Intelligence Agency ASIO — 25 September 2014

The Guardian — Torture Ruled Out of Counter- Terrorism Laws For Australian Security Agencies — 21 September 2014

The Guardian — Australia’s Counter- Terror Laws Will Restrict our Free Speech and Free Press — 21 September 2014

SBS — What Will the Counter- Terror Laws Mean for Australians? — 24 September 2014

UN General Assembly Focuses on Traditional Topics As Well As Ebola and ISIS

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON D.C., United States of America – On Tuesday 23 September 2014, more than 140 heads of state and government gathered in New York City for the 69th annual United Nations general assembly. With the current state of world affairs this year’s agenda took on new crises, including the rise of Islamic State extremists in Iraq and Syria, the Ebola outbreak, and the ongoing civil strife between Ukraine and Russia. However, traditional topics such as nuclear weapons and climate change were also discussed.

United Nations Secretary-General Ban Ki-Moon spoke in New York at the Climate Change Summit on 23 Sept 2014 (photo courtesy of Time).

On Wednesday, the United Nation Security Council convened at a special session chaired by United States President, Barack Obama, in order to reach an international agreement regarding disarming ISIS. The agreement seeks to sever the flow of funds and weapons to extremist groups. Thus, straining the rapid development of extremist groups such as ISIS.

In addition to addressing the concerns regarding security issues in the Middle East, United States Secretary of State, John Kerry, focused on the U.N. Climate Summit. Kerry states that it is “absolutely imperative” for the world to curb the impact of climate change immediately.

Additionally, the Ebola outbreak in Africa was a highly discussed matter at the summit. Last week, the United Nations Security Council passed a resolution addressing the rapid spreading of Ebola, calling it an “international peace and security threat.” The resolution called for field hospitals to be set up in outbreak areas, along with all U.N. member nations to provide assistance in the form of qualified staff and supplies.

Since the first case of Ebola was discovered, it has claimed the lives of more than 2,7000 individuals. The United Nations Secretary-General, Ban Ki-moon, stated at a recent press conference, “Ebola is an exponential crisis that demands an exceptional global response.” President Obama also addressed the issue at the summit, and asked world leaders to provide more assistance in the form of funds and medical aid to the affected countries.

 

For more information, please see the following:

NEW YORK TIMES – President Obama to Address U.N. General Assembly on Wednesday – 23 Sept. 2014.

TIME – UN General Assembly Kicks Off in New York City – 23 Sept. 2014.

US NEWS – Obama Tackles ISIS, Ebola, and a Nuclear Iran at U.N. General Assembly – 24 Sept. 2014.

WALL STREET JOURNAL – Transcript: Obama’s Address to the United Nations General Assembly – 24 Sept. 2014.

Mine Spill in Mexico Shuts Down Water Supply

By Lyndsey Kelly
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – On 21 September, Mexican authorities issued an alert concerning a toxic spill into a river due to a copper mine run by the company Grupo Mexico. Grupo Mexico operates a $1 billon a year Buenavista mine in Cananea, Sonora, which produces nearly 200,000 tons of copper.

This pool of water with sulphuric acid is used by Grupo Mexico to extract copper stones (Photo Courtesy of BBC News).

The chemical, which is used to dissolve copper from ore, turned a 60km stretch of Sonora River the color orange. The spillage caused the authorities to shut down the municipal water supply to seven towns, affecting more than 20,000 people. Officials in the northern state of Sonora also asked that citizens to not use any water from the Bacanuchi River.

Carlos Arias, the civil protection director for the border state of Sonora, stated that his department is taking measures to ensure people and livestock do not come in contact with the water until it can be tested. The Sonora state civil protection agency said it would end its relationship with Grupo Mexico, due to the company’s continuing discharge of toxic substances into the water supply. The recent spill comes jut weeks after a spill of 40,000 cubic meters.

On 6 August, two rivers were contaminated by a spill due to the mining giant, causing thousand of residents to be left without clean water. The spill was recorded as the worst environmental disaster in Mexican history by a mining industry. The contamination forced authorities to shut down hundreds of water wells and distribute millions of liters of water in trucks. At least five individuals sought medical attention after coming into contact with the polluted water.

More than a quarter of Mexico’s mining activity is located in the north-western region. Thus making it Mexico’s top producer of gold, copper and graphite. Grupo Mexico reached an agreement with the Mexican Government, in which Grupo would create a trust to pay for all environmental damage caused by toxic spills. The company has since set up a $150 million trust.

 

For more information, please see the following:

ABC NEWS – Western Mexico State Reports New Mine Spill -21 Sept. 2014

BBC – Mexico’s Sonora State Reports New Mine Spill – 21 Sept. 2014.

BLOOMBERG – Grupo Mexico Spill Sparks Scrutiny of $150 Million Cleanup – 17 Sept. 2014.

WALL STREET JOURNAL – Grupo Mexico To Set Aside $150 Million for Mine Spill Cleanup – 11 Sept. 2014.

 

Fiji Election Results are in: Military Coup Leader Remains in Power

By Max Bartels 

Impunity Watch Reporter 

 

Suva, Fiji

Fiji has completed their first democratic election in eight years, after a bloodless military coup seized power in 2006. The coup was lead by then Rear Admiral Frank Bainimarama, who has now been voted into office as Prime Minister to continue to lead Fiji. The final polls show that Bainimarama and his “Fiji First Party” won 59% of the vote and the opposition, the “Social Democratic Liberal Party” came in a  distant second with 28% of the vote. Over the years Fiji and the military government headed by Bainimarama have been accused of many human rights violations by Amnesty International and other human rights groups but the majority of the Fijian people have continued to support Bainimarama despite these accusations.

IW #16 Fiji Election Results
Newly elected Bainimarama appears in front of the media after election results. (Photo curtesy of Al Jazeera)

 

In 2006 Bainimarama claimed the coup was to cure rampant corruption and protect the ethnic Indian population of Fiji from racial discrimination. Bainimarama also emphasized the improvement of Fiji’s infrastructure during his time in power, which is one of the major reasons for his support amongst the Fijian people. The international community reacted to the coup by enacting sanctions and travel bans on Fiji. In the run up to the elections the sanctions and the travel bans were lifted as Fiji committed to a return to democracy.

An international observation group was sent to Fiji to monitor the election process and evaluate its validity for corruption and foul play. As the votes were being counted opposition groups to the “Fiji First Party” claimed foul play occurred in the election. The opposition groups claimed their own observers reported missing ballot boxes, boxes that seem to be opened and more votes at polls than registered voters. However, the observers of the international group claim that the results can be relied on to “broadly represent the will of the Fijian voters.” The opposition is reported to be considering filing a complaint about the results of the election. Bainimarama has since claimed victory in the election and addressed the people in Fiji’s capital, Suva, stating he is honored the people chose him to lead the new government and the Fijian people. While most of the sanctions and travel bans have been lifted there are still many nations that have yet to re-enter into diplomatic relations with Fiji.

For more information, please see:

ABC News — Fiji Election: Frank Bainimarama Claims Victory, Says he is Deeply Honored and Humbled — 21 September 2014

The Wall Street Journal — Bainimarama Claims Victory in Fiji Elections — 21 September 2014

The Wall Street Journal — Fiji Election Hit With Fraud Accusations — 18 September 2014

Al Jazeera — Fiji Coup Leader Declares Poll Victory — 21 September 2014