U.S. Moves to Settle Longstanding Indian Cobell Case for $3.4 Billion

09 December 2009

U.S. Moves to Settle Longstanding Indian Cobell Case for $3.4 Billion

By Brenda Lopez Romero
Impunity Watch Reporter, North America

WASHINGTON, D.C. – The Obama Administration moved to settle a contentious case as “an important step towards reconciliation … I heard from many in Indian Country that the Cobell suit remained a stain on the nation-to-nation relationship I value so much” stated President Obama. He also said that he was proud the step had been taken. The Interior Secretary Ken Salazar said “this is an historic, positive development for Indian country.”

The Native American plaintiffs alleged the Interior Department mismanaged billions of dollars in national resources income from their lands. The Cobell class action lawsuit was filed in 1996. The government deal would provide $1.4 billion for 300,000 tribe members as compensation and set up a $2 billion fund to buy land from them.
The issue began with the 1887 Dawes General Allotment Act, which divided reservations into individually allotted parcels per Indian family, creating massive amounts of “surplus” land, usually very rich in natural resources, that was then handed over to white-owned industries. The federal government promised to compensate for the land loss. However, private land ownership is largely a foreign concept within Indigenous societies, peoples that generally view land as a communal asset.

Given that history, issues eventually arose over the adequate compensation that was promised. The class argued that the government, which was to oversee the Indian trust, actually mismanaged billions of dollars in oil, gas, grazing, and timber royalties.

(PHOTO: Ms. Cobell, Courtesy of BBC News)

Cobell The named plaintiff, Elouise Cobell (citizen of the Blackfoot Nation) welcomed the settlement, but she said there was “no doubt” the final amount was “significantly” less than what was actually deserved by Native Americans.  Based on their calculations, they estimate that they are owed $47 billion. Nonetheless, Cobell stated: “today is a monumental day for all of the people in Indian Country that have waited so long for justice.” Cobell also remarked, “did we get all the money that was due us? Probably not… but there are too many individual Indian beneficiaries that are dying every single day without their money.”

The Department of Interior plans, as part of the settlement, to buy back individual trust interest from individuals to free up lands for the benefit of tribal communities, but conceded that some class members would likely be distrustful of selling their interests. As an incentive to sell, the deal includes funding set aside up for to five percent of the value of the interests to go to higher education and vocational scholarships for Indigenous students.

In order for the settlement funds to become available Congress must pass legislation appropriating funds and approving the deal. Salazar said he hoped that this would occur before the end of the year.

For more information, please see:

BBC News – US to Pay $3.4bn to Settle Native Americans Land Case – 8 December 2009

Bozeman Daily Chronicle – American Indians at MSU Praise Cobell Settlement – 8 December 2009

Indian Country Today – Obama Administration Moves to Settle Cobell – 8 December 2009

Indian Politician on Hunger Strike

By Michael E. Sanchez
Impunity Watch Reporter, Asia 

NEW DELHI, India- A protest fast by K Chandrasekara Rao, the leader of a regional party in the southern Indian state of Andhra Pradesh has entered its 10th day.  Mr. Rao of the Telangana Rashtra Samiti (TRS) is demanding separate state status for the Telangana region of Andhra Pradesh.

The Telangana region is an area surrounding Hyderabad, the capital of Andhra Pradesh, which is comprised largely of people who speak the Telugu language.  The demand for a separate Telangana state dates back over 50 years, and Mr. Rao’s TRS party has been spearheading the agitation since 2001.  The separatists believe that economic development in their region has been neglected in favor of the richer Andhra region.

Mr. Rao began his “indefinite fast” on 29 November at his hometown in the Medrak district, 62 miles from the capital.  He said, “Either a victory procession will come out or my funeral procession will come out.  The decision will have to be taken by the government”.  Fearing a loss of law and order, the police arrested him and sent him to a prison in Khammam district.  However, as his health worsened, he was moved to a hospital in Hyderabad.  Doctors state that Mr. Rao has refused food, and have resorted to giving him saline water and medicine.  They have also suggested he should break his fast to improve his overall health and avoid complications.

Over the last 10 days TRS workers have attacked public transport, government offices and private property in the capital city and nine other districts of the region.  In addition, students from two universities have also launched a movement for a Telangana state.  In response, the state has shut down schools and universities in the state for a fortnight to try to prevent students from protesting. In 1969, the demand for a Telangana state led to widespread violence where over 400 students lost their lives.

According to the United Nations International Covenant on Civil and Political Rights, all people have the right of self determination. By virtue of that right they freely determine their political status and freely pursue their economic, and social and cultural development.

Various groups supporting the cause for a separate Telengana have called for a march to the state legislature building on Thursday.  The administration fears the rally or a sharp decline in Mr. Rao’s health could lead to street violence.

For more information, please see:

BBC News- Indian Politician on Hunger Strike – 8 December 2009

Earth Times- Indian Politician on Hunger Strike Over Separate State Demand– 8 December 2009

Breaking News 24/7- Telangana Issue, Telangana Movement Updates– 8 December 2009

United Nations- International Covenant On Civil and Political Rights 

Maoist Strikes Halt Nepalese Cities

By Alok Bhatt
Impunity Watch Reporter, Asia

KATHMANDU, Nepal – Nepalese law enforcement has been trying to quell significant, aggressive strikes occurring on the city streets.  Cadres torched and populated the streets of major Nepalese cities in rage at governments security agents’ destruction of over 2,500 squatters’ huts in forests of the Kailali district.  Metropolitan areas of Nepalese cities essentially shut down, with colleges, schools, and even bazaars closed down during the strikes. 

City-wide transportation services also halted, creating significant travel issues for many civilians.  Many strikers also resorted to throwing stones and vandalism to demonstrate contempt for their governments’ violent police actions against the landless squatters.

Maoists previously promised the homeless that they would afford them land on which they could establish  themselves.  However, when Nepalese police arrived to evacuate the area, tension between the Maoists along with the squatters and the Nepalese law enforcement escalated into severe skirmishes leaving six people dead.  

The squatters were being evacuated because Prime Minister Madhav Kumar Nepal was set to deliver a statement on climate shifts in the Kalaili area.  Apparently, even a Maoist majority consented to clearing a forest area to hold the discussion.  However, when police arrived to survey and initiate clearing procedures, including tearing down the 4,000 shanties, they met with resistance from the homeless forest-dwellers and some of their Maoist supporters.  

Per request of the Maoists, a human rights group was called upon to examine the events culminating into the strikes.  The Maoist group further demonstrated their disfavor for the police actions by removing themselves from the government after an attempt to stop the head of the Nepalese army.  

The police actions against landless squatters raises profound concerns on an international plateau.  From the Western perspective, Washington has made a statement the U.S. government finds the police actions contradictory to the democratic process, law, and the pursuit of peace.  This by the Nepalese government initiative represent the sort of violence an unjust acts often oppressing impoverished peoples of South Asian nations.  

Ultimately, the battle between landless squatters and the Nepalese left fifty injured and six dead.  The situation was supposed to have been neutralized on Sunday, yet transportation and other strikes provoked by the attack continue on.


For more information, please see:

Al-Jazeera – Maoists stage strikes across Nepal – 6 December 2009

Deccan Herald – Maoists’ strike paralyses life in Nepal – 6 December 2009

The Hindu – Maoist strike shuts down Nepal – 6 December 2009

6 Arrested for Murder of Former Chilean President

By Sovereign Hager

Impunity Watch Reporter, South America

SANTIAGO, Chile-A judge determined that the 1982 death of Chile’s former president Eduardo Frei Montalva was a homicide, leading to the arrest of six men. Three of the individuals have been charged with murder and three others are charged as accomplices to murder.

Judge Alejandro Madrid, who investigated the case, announced that Montalva was poisoned to death with multiple doses of thallium and mustard gas which were secretly mixed with medications and injected into his body. A human rights lawyer working for the Frei family called the murder an “action by the military intelligence of the dictator (Pinochet), with a clear and precise objective, the elimination of President Frei.”

Former aids to General Pinochet alerted the Frei family to the murder. Eugenio Barrios, a chemist who worked for the Chilean secret police is suspected of administering the poison to Frei. Barrios worked on several radical experiments including the production of anthrax, botulism, and nerve gas sarin.

Michelle Bachelet calls the arrests “good for our society.” The arrests include medical personnel and members of Pinochet’s secret police, known as the Dina. Doctors charged as accomplices are accused of conducting an illegal autopsy, removing Frei’s organs and stuffing his corpse with gauze.

Frei was president of Chile from 1964-1970.  He initially supported the 1973 military coup leading to the death of Salvador Allende. However, after severe human rights crimes came to light he emerged in opposition to the military government of Augusto Pinochet.

The murder of Frei in January of 1982 marked the beginning of the Pinochet regime systematically eliminating leaders in the democratic opposition. Former President Frei’s son is a leading candidate in Chile’s presidential election, slated for Sunday. Members of Frei’s family call the charges “a historic step.”

For more information, please see:

The Guardian-Six Arrests Over Murder of Former Chilean President-8 December 2009

AP-Ex-President Was Murdered; Six Charged-7 December 2009

Rueters-Ex-President Murder Probe Shakes Chile-7 December 2009

Taylor’s Cross-Examination Continues

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

THE HAGUE, Netherlands– Last week saw more developments in the trial of former Liberian President, Charles Taylor.  Defense attorneys for Charles Taylor were able to receive a favorable order from the judges for the court. Additionally prosecutors were able to get another admission from Taylor, while also receiving more denials to their allegations.

The judges ordered that the prosecution disclose to the defense all new documents they intend to use in their cross-examination of Charles Taylor. The presiding judge, Justice Richard Lussick said that, “the prosecution’s piecemeal disclosure of individual documents was unacceptable.” The order came in response to the prosecution’s request to use “new evidence” in the form of documents to impeach Taylor’s credibility as a witness in his own defense. The court, in it’s decision, ordered that the documents would be dealt with on a case-by-case basis. The court further said that all documents which have probative value to the guilt of Taylor must be disclosed to his defense before they could be used by the prosecution for cross-examining Taylor.

In the prosecution’s continuation of their cross-examination of Taylor, they questioned Taylor about the source of the wealth and assets he had accrued during his time in office.  In response to the question, Taylor explained he received contributions of one million dollars from Taiwan, and 500,000 dollars from Libya during 1996-1997, that went toward his presidential campaign. When asked why the Taiwanese government would give him such an amount, Taylor said it was likely for public relations reasons. He said they developed an interest in him out of concern that China would block their interest in Liberia.  When asked to explain Libya’s contribution, he did not have any answer.

Prosecutors followed these questions with inquires about how he currently supports himself financially.  His response was that he has friends, along with other individuals who “help him put food on the table.” He denied the prosecution’s suggestions that he was involved in various forms of business, or that he had bank accounts opened in different places under different names. The prosecution also asked him how he supported himself financially while he was exiled in Nigeria. Taylor explained, “When I left Liberia, I was fully supported by the Nigerian government. Every month, the Nigerian government gave me subsistence.” When the prosecution provided documents from the Nigerian Ministry of Foreign Affairs that discredited Taylor’s claim he received money from Nigeria, he simply dismissed the document. The prosecution’s inquires into Taylor’s finances stem from their belief that the wealth and assets he accumulated during his time as President came from his arrangement with Sierra Leonean rebels that consisted of an exchange of diamonds for arms and ammunitions eventually used to commit atrocities such as rape and murder in Sierra Leone.

For more information please see:

Charles Taylor Trial – Charles Taylor Received Money From Taiwan and Libya For His Presidential Campaign, He says – 1 December 2009

Charles Taylor Trial – Judges Order Prosecutors To Disclose To The Defense All New Documents They Intend To Use In Cross-Examination of Charles Taylor – 3 December 2009

Impunity Watch – Taylor Concedes, But Not Too Much – 1 December 2009