Tohono Affirmative – ddi 2015 sws



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Tohono Affirmative – DDI 2015 SWS

Contents


Notes 4

1ac 5


Contention 1 is the Advantage 6

First impact is cultural degradation 11

Second impact is violence 15

Contention 2 is Solvency 20

Cards Taken Out recently 24

Cards to add for more time 26

Case 30

Framing 34



Impact Cards 36

Culture 40

More internal links 46

Solvency 47

Dope Solvency Advocate 48

CBP is surveillance o/v 50

AT 51

Agent circumvention 52



CBP alt causes (CBP ev) 53

Minute men 54

Smokescreen 55

State hurts natives 56

Still violence in the US 57

There’s a fence 58

TOPD $ tradeoff 59

TOPD circumvention 60

TOPD = border patrol (in a bad way) 61

TOPD violence 62

T 63

T – domestic 64



Short 65

w/m US persons 66

w/m US territory 68

Double bind 69

T – substantial 70

2% 71


Short 73

AT: w/o material qualification 74

T – Surveillance 75

w/m covert 77

DAs 78

Terror 79



AT Bioterror 83

Cyberterror 88

Trafficking/Border 92

Drugs 93


CPs 96

Cards for all CPS 97

289 98

Consult the Natives 100



TOPD surveillance 105

Ks 108


Coloniality 109

GBTL 110


Post-2ac 113

Neolib 114

AT Fuchs 2ac 120

AT Wilkie 2ac 121

AT Wilkie 1ar 122

AT Wilkie 2ar 123

Nietzsche 124

Sovereignty 130

State 133

Tuck and Yang 138

Wilderson 141

Theory 142

International Fiat Bad [0:32] 143

2AC Condo Bad [0:13] 144

1AR CI [0:06] 145

1AR Ethics [0:22] 146

1AR Skew [0:20] 147

A2 148


Severance Perms 149

CPs 150


2ac Consult CPs Bad [0:23] 151

PICs Bad [0:19] 152

Conditions CPs Bad [0:21] 153

No Solvency Advocate Bad [0:37] 154

Functional Compet Good [1:33] 155

Textual Compet Good [0:15] 157


Notes


THOMAS BROOKS (thomasjnbrooks@gmail.com) and CHARLES HORN (chorn18@students.polytechnic.org)

SWS

1ac

The United States federal government should cease its border surveillance activities on the Tohono O’odham Nation.

Contention 1 is the Advantage

The Tohono O’odham Nation is a Native American nation that has existed in what is now eastern Arizona and northern Mexico for thousands of years. Following the Mexican-American War, the US-Mexican border was redrawn though Tohono land without consulting the people.


Kilpatrick, 14 (Kate. Reporter/Editor at Al Jazeera America. "U.S.-Mexico Border Wreaks Havoc on Lives of an Indigenous Desert Tribe." Aljazeera America. N.p., 25 May 2014. Web. 15 July 2015.)TB

For thousands of years, the Tohono O’odham (meaning “Desert People”) inhabited what is today southern Arizona and the northern state of Sonora in Mexico. But the O’odham were there long before either Mexico or the U.S. existed as nations. “We’ve always been here,” said Amy Juan, 28, a young activist on the reservation. “Nobody can argue that we weren’t here first. After the Mexican-American War, the international boundary between the U.S. and Mexico was drawn at the Gila River, just north of the O’odham ancestral lands. But the Gadsden Purchase in 1854 redrew the border right through O’odham territory. The O’odham were never consulted. “They just drew a line, and when they drew that line O’odham in Arizona became citizens or were considered part of the U.S., O’odham in Mexico of course were not,” said Carlos G. Veléz-Ibáñez, director of the School of Transborder Studies at Arizona State University. “Unlike some of our Canadian borders, you don’t have the opportunity of dual citizenship or being able to determine which country you’re a citizen of.” In the aftermath of 9/11, O’odham living on the U.S. reservation were forced to deal with the unintended consequences of a militarized border: Border Patrol agents harass and treat them as undocumented migrants on their sovereign land. Their desert landscape and wildlife get clobbered by migrants, traffickers and federal law enforcement. They return home to find cars stolen, houses ransacked by desperate migrants — migrants who far too often don’t survive the desert elements. It’s also not uncommon for tribal members to be lured by fast cash into working as coyotes or mules for the Mexican cartels, ending up in jail themselves.

For a century and a half, the USFG honored the Tohono’s sovereignty over their land. However, after 9/11, the US stationed Border Patrol agents all over the indigenous nation. Since then, the Tohono nation has become the frontline in America’s battle for border surveillance.


Todd Miller, 11-1-2012, (Todd Miller has researched and written about U.S.-Mexican border issues for more than 10 years. He has worked on both sides of the border for BorderLinks in Tucson, Arizona, and Witness for Peace in Oaxaca, Mexico. He now writes on border and immigration issues for NACL, "Ground Zero: The Tohono O'odham Nation," https://nacla.org/blog/2012/11/2/ground-zero-tohono-oodham-nation)TB

According to Margo Cowan, former general council to the Tohono O’odham Nation, there was no Border Patrol presence on the Nation until 1993. Now, the Department of Homeland Security green-striped SUVs, trucks, cars, and vans are everywhere, at every turn. There are also ATVs, horse patrols, and Predator drones and Blackhawks and other “air assets” flying overhead. There are surveillance towers and scope trucks and a|||n||| Forward Operating Base, which—as with U.S. military operations in Iraq and Afghanistan—are small, make-shift bases to facilitate “tactical operations” in remote regions. A Joint Task Force Substation that they have on the reservation is supposedly a collaboration between Customs and Border Protection (CBP—Border Patrol's parent agency) and the Tohono O’odham Nation Police Department, but looks more like a mini-Border Patrol station packed with a fleet of CBP vehicles and mobile surveillance trucks. Behind the substation is a chain-linked caged-in area where people are held before agents hand them off to the non-labeled, white Wackenhut bus, as everyone calls them (though Wackenhut has now changed its name to G4S), which will transport the captured migrants to Tucson for further processing and maybe prison time. Mike Wilson, a Tohono O’odham man who puts out water in stations on the reservation indefiance of the Nation’s legislative council, says that the Border Patrol on the Nation has become an “occupying army.”i An Amnesty International report entitled In Hostile Terrain, not only underscores the constant violations to undocumented people traveling through this area, particularly death, but also how the border surveillance apparatus has impacted the O’odham people whose aboriginal land extends well into Mexico and has been bisected by an international boundary they never wanted. Amnesty International documents a constant pattern of harrassment against the O’odham, including a pattern of physical and verbal abuse, who now have more federal officers on their “sovereign” nation than any other time in their long, painful history of colonization and forced-assimilation. The presence of Border Patrol on the Nation is buzzing, entrenched, and now apparently expanding. Now besides the flow of agents from Casa Grande and Tucson stations, the Border Patrol has undertaken a massive expansion of the Ajo station, a 52,900 square-foot state-of-the-art facility. This greatly contrasts with the many aging buildings in the economically-depressed area which previously relied on now barely-functioning mines, another economic model that marginalized and exploited the Tohono O’odham, who were the lowest rung of a racially-segregated wage hierarchy (whites were at the top). You can almost see the tailings of the former copper mine in Ajo (closed in 1985) from the Border Patrol station in Why, an uneasy symbol of one economy replacing another.

As a result, Customs and Border Protection is currently restricting free movement across the Reservation, deporting those who are practicing their culture.


Austin 91(Megan, Fall 1991, A CULTURE DIVIDED BY THE UNITED STATES-MEXICO BORDER: THE TOHONO O'ODHAM CLAIM FOR BORDER CROSSING RIGHTS, Arizona Journal of International and Comparative Law [Vol. 8, No. 2], Accessed 7/14/15) CH

Although much of the O'odham traditional lands have been taken away, the Tohono O'odham people still have firm spiritual and familial roots in these lands. The border constructs an artificial barrier to the freedom of the Tohono O'odham people to traverse their lands, impairing their ability to collect foods and materials needed to sustain their culture and to visit family members and traditional sacred sites. Specifically, immigration laws prevent many O'odham people from entering the United States from Mexico. Pursuant to these laws, United States immigrations officers can exclude immigrants and non-immigrants for not possessing certain types of documentation such as passports and border identification cards. Immigrations officers can deport "aliens" who do not carry those forms of identification. 18 Using these laws, the United States can detain and deport the Tohono O'odham people who are simply travelling through their own lands, practicing migratory traditions essential to their religion, economy and culture. Customs regulations have a similar effect. United States Customs officials may prevent the Tohono O'odham people from bringing from one part of their land to another raw materials and goods essential for their spirituality, economy and traditional culture. 2


The exaggerated threat across the border in the name of national security is simply thinly veiled racism.


Rivas, 6(Ofelia, Tohono born and activist fighting for cultural freedom, Immigration, Imperialism and Cultural Genocide: An interview with O’odham Activist Ofelia Rivas concerning the effects of a proposed wall on the US / Mexico border, The Solidarity Project, interviewed by Jeff Hendrix, http://www.tiamatpublications.com/docs/imperialism_interview_article.pdf, Accessed 7/15/15) CH

The “illegal immigration” problem became a problem on O’odham lands when the United States government redirected the flow of “illegal trafficking” from Texas and California and funneled the flow through O’odham lands, federal lands on the Untied States side and isolated O’odham communities and farms and ranches on the Mexican side. In the name of “national securitythe American system clamps down on “illegal immigration.” “Illegal immigration” from Mexico has now become an immense threat accrding to the government. The so-called “terrorist act” on America is propaganda; America was founded on terrorist acts upon Indigenous peoples of these lands. The truth of the matter is that most Americans live in denial of the criminal acts of genocide and massacre and forced assimilation of Indigenous peoples of these lands. The truth is the threat against national security is used as the basis for the increased “monitoring” of the borders and “enforcementof immigration laws and criminalization of humanitarian acts by the O’odham and other peoples. The real “problem” is racism and discrimination; the majority of the people coming from Mexico are brown skinned and poor.

The Border Patrols ever present presence makes the Nation a militarized land, filled with spotlights and weapons. This ILLEGAL occupation of the Tohono reservation means that the Tohono are always already considered illegal and stopped to ask for papers. This destroys heir right to move freely on their lands and destroys their cultural determination


Singleton 9(Sara, January 2009, PHD in political science, and associate professor at Western Washington U, Not our borders: Indigenous people and the struggle to maintain shared lives and cultures in post-9/11 North America, Border Policy Research Institute, http://www.wwu.edu/bpri/files/2009_Jan_WP_No_4.pdf, Accessed 7/13/15) CH

In 1848, the Treaty of Guadalupe Hidalgo established the boundary line between the U.S. and Mexico at the Gila River, which meant that the territories of the people known as the Tohono O’odham became part of Mexico. Five years later, the Gadsden Purchase established the southern boundary of the United States at its present location, and in so doing, bisected the territory of the Tohono O’odham. Today, the reservation is comprised of 2.8 million acres (about the size of Connecticut), abutting 75 miles of the Mexican border, and reaches across the border into northern Sonora, Mexico. The Tohono O’odham Nation has about 27,000 members, more than a thousand of whom live across the border in Mexico. About half of the 3 Between Texas and California, there are eight tribes with communities on both sides of the border: Kumeyaay, Cocopah, Tohono O’odham, Yaqui, Gila River Pima, Yavapai, Ysleta del Sur (Tira) and Kickapoo. Not our borders: Indigenous people and the struggle to maintain shared lives and cultures in post- 9/11 North America remaining tribal members live on the reservation. For the Tohono O’odham, the Yaqui and other native people of the region, the freedom to travel the many paths criss-crossing the border has always been essentialto gather medicinal plants, to collect a type of clay used at childbirth, or to practice the annual round of ceremonies that sustain the traditional religion and culture. While at the time of treaties the Tohono O’odham were not granted dual citizenship nor given explicit permission to move freely across the border, cross-border travel for work, for socializing and for participation in religious ceremonies was an established and accepted practice for more than a century. In the mid-1980s that began to change, and by the mid-1990s, it began to change dramatically. Today, parts of the formerly quiet, isolated reservation have been transformed into an area bristling with weapons, new roads, spotlights and military surveillance vehicles. Beginning in the 1990s, a series of strategic decisions were made by federal agencies to clamp down on illegal entry at popular border crossing points— beginning in San Diego, California, with “Operation Gatekeeper” (1994), later spreading eastward with “Operation Safeguard” (1995) in central Arizona, and then “Operation Rio Grande” in the southernmost tip of Texas in 1998. Various reasons have been suggested for these successive waves of intense border security—to displace drug and human-trafficking from densely populated areas to less visible locations and to change behavior of would be crossers by re-channeling activity to areas with highly inhospitable conditions. The resulting “funnel effect” relocated vast amounts of illegal border-crossing activity to the Tohono O’odham nation where summer temperatures have been known to reach 130 degrees, water is scarce and the terrain difficult. The costs to the Tohono O’odham have been significant.

This is a blatant attack on the Tohono’s culture.


Luna-Firebaugh 5 (Eileen, January 2005, Volume 19 Access to Justice: The Social Responsibility of Lawyers | Contemporary and Comparative Perspectives on the Rights of Indigenous Peoples, Washington University Journal of Law & Policy, ‘Att Hascu ‘Am O ‘I-oi? What Direction Should We Take?: The Desert People's Approach to the Militarization of the Border, Accessed 7/14/15) CH

The Tohono O’odham Nation has pursued a legislative approach for a number of years. On May 21, 1987, Representative Morris Udall (D-AZ) introduced House Bill 2506.56 This bill would have “provide[d] for establishment of a roll of the Tohono O’odham Indian people and clarif[ied] certain of their rights.”57 The bill empowered those on the new roll of the Tohono O’odham to pass freely across the U.S.-Mexico border and to live and work in the United States. The Reagan administration had serious misgivings about this bill. They wanted border-crossing privileges extended only to tribal members who were citizens of the United States, and a restriction of what services would be provided to Mexican O’odham while in the United States. The tribe agreed to compromise on these two clauses. A third clause became the sticking point. The federal government wanted the O’odham to cross only at official border crossings.58 While this may seem to be a minor point, for the O’odham it was an attack on who they are as a people and as a sovereign nation. The O’odham have been in the area since time immemorial. They have ancient migratory patterns and settlement sites that are important culturally and traditionally. Further, given the size of the Tohono O’odham reservation (roughly the size of Connecticut) this would require many Tohono O’odham to travel great distances to cross the border. The tribe is unwilling to give up these traditional crossing places on tribal land. When this dispute could not be resolved, the tribe requested that the sponsor of the bill pull it from consideration.59 This assertion of tribal sovereignty and commitment to tradition was to become a signpost of the struggle.


We’ll isolate 2 impact scenarios:

First impact is cultural degradation

The best hope for the Tohono to remain culturally intact is to engage in self-determination of cultural values. Our continued illegal presence will result in the extinction of the tohono culture. Sovereignty cannot be separated from the people or culture, any infringement of their culture results in the total extinction of the Tohono.


Wiessner, Law Professor at St Thomas University, 2007 (Siegfried, “Indigenous Sovereignty: A Reassessment in Light of the UN Declaration on the Rights of Indigenous Peoples”, Vanderbilt Journal of Transnational Law, Volume 41, http://www.vanderbilt.edu/jotl/manage/wp-content/uploads/Wiessner_final_7.pdf, accessed July 13, 2015)TB

As law, in essence, ought to serve human beings, any effort to design a better law should be conceived as a response to human needs and aspirations. These vary from culture to culture, and they change over time. As Michael Reisman has explained, humans have a distinct need to create and ascribe meaning and value to immutable experiences of human existence: the trauma of birth, the discovery of the self as separate from others, the formation of gender or sexual identity, procreation, the death of loved ones, one’s own death, indeed, the mystery of it all. Each culture . . . records these experiences in ways that provide meaning, guidance and codes of rectitude that serve as compasses for the individual as he or she navigates the vicissitudes oflife.185 Thus, from the need to make sense of one’s individual and cultural experiences arise inner worlds, or each person’s inner reality. The international human rights system, as Reisman sees it, is concerned with protecting, for those who wish to maintain them, the integrity of the unique visions of these inner worlds, from appraisal and policing in terms of the cultural values of others. This must be, for these inner world cosmovisions, or introcosms, are the central, vital part of the individuality of each of us. This is, to borrow Holmes’ wonderful phrase, “where we live.” Respect for the other requires, above all, respect for the other’s inner world.186 The cultures of indigenous peoples have been under attack and are seriously endangered. One final step is the death of their language. As George Steiner wrote in 1975: Today entire families of language survive only in the halting remembrances of aged, individual informants . . . or in the limbo of tape recordings. Almost at every moment in time, notably in the sphere of American Indian speech, some ancient and rich expression of articulate being is lapsing into irretrievable silence.187 Reisman concluded that political and economic self-determination in this context are important, “but it is the integrity of the inner worlds of peoples—their rectitude systems or their sense of spirituality—that is their distinctive humanity. Without an opportunity to determine, sustain, and develop that integrity, their humanity—and ours— is denied.”188 Similarly, the late Vine Deloria, Jr., revered leader of the U.S. indigenous revival, stated that indigenous sovereignty “consist[s] more of a continued cultural integrity than of political powers and to the degree that a nation loses its sense of cultural identity, to that degree it suffers a loss of sovereignty.”189 Sovereignty,” explains another great Native American leader, Kirke Kickingbird, “cannot be separated from people or their culture.”190 In this vein, Taiaiake Alfred appeals for a process of “de-thinking” sovereignty. He states: Sovereignty . . . is a social creation. It is not an objective or natural phenomenon, but the result of choices made by men and women, indicative of a mindset located in, rather than a natural force creative of, a social and political order. The reification of sovereignty in politics today is the result of a triumph of a particular set of ideas over others—no more natural to the world than any other man-made object.

Also, lack of mobility is causing the demise of the Tohono way of life. The result is legal cultural genocide.


Rivas, 6(Ofelia, Tohono born and activist fighting for cultural freedom, Immigration, Imperialism and Cultural Genocide: An interview with O’odham Activist Ofelia Rivas concerning the effects of a proposed wall on the US / Mexico border, The Solidarity Project, interviewed by Jeff Hendrix, http://www.tiamatpublications.com/docs/imperialism_interview_article.pdf, Accessed 7/15/15) TB

The traditional Oodham culture mandated by the Creator, and taught by our Elder Brother I’itoi in our teachings, designated areas of most i m portance to the O’odham . These are areas of significant importance and th e overall sacredness of the entire original lands of the O’odham . All these areas have a si gnificant part of the Him ’ dag – the way of life of the O’odham . Some place m i ght be de sig n ated for the m e n or for the wom e n; 6 som e places m i ght hold special clay s for bi rth i ng cerem onies or death cerem onies. Som e place m i ght have special rites of pass age fo r m e di cine peop le. Som e place is where cerem onies are held. All these p l aces have songs and grow special herbs and m e dicines that the O’odham use. The significant dem i se of the O’odham cu lture begun at the com i ng of the foreign religions but the greatest i pact was the loss of mobility upon the land. The O’odham face restrictions to continue vital pilgrim a ge s to holy sites. We are required to carry document to travel on our lands. The dissecting of O’odham la nds also caused segregation and discrimination against the O’odham . Some O’odham didn’t see a problem in governm e nt handouts such as governm e nt food ra tions, governm e nt commodities, then finally governm e nt social aid. The trad itio nal O’odham saw this as dependence and laziness, but m o re im portantly it infringed upon the O’odham beliefs of taking care of the lands and living in harm ony. The O’odham today no longer gather m a ny desert foods to m a intain the balance in the environment. The food gathering involved singing special songs and conducting cerem onial dances and acknowledging our way of life, which is the balance of our lands. The United States governm ent a nd the estab lish m ent of the reservation do protect some of these areas, but the lands exposed to extensive degradation are the lands in Mexico. Towns and agricultural farm s now oc cupy m a ny of the sacred sites. An exam ple is the town of Sonoita in Sonora, Mexico that once was the village of Shon Oidag. The Mexican settlers bulldozed the burial sites of the O’ odham and build their hom e s on top of this area. The liv ing decedents were powerless to defen d this area, as after all they are just indios, a slang insu lt in Mex i co. Congress recen tly approved a bill that in 2008 all people entering the U S w ill be required to have a passport. Many trad ition a l O ’ odham do not have birth records th at are required to obtain a passport. The sealing of the international boundary is the demise of the remaining O’odham way of life......legal cultural genocide.


The Border Patrol presence also results in the destruction of significant cultural artifacts, removal is key.


Leza 9 (Christina, Approved Dissertation for doctor of philosophy, Anthropology,5/29/09, DIVIDED NATIONS: POLICY, ACTIVISM AND INDIGENOUS IDENTITY ON THE U.S.-MEXICO BORDER, Arizona University, Accessed 7/16/15, http://arizona.openrepository.com/arizona/bitstream/10150/193815/1/azu_etd_10782_sip1_m.pdf) CH

In August 2006 a grassroots indigenous organization named the Alianza Indígena Sin Fronteras (Indigenous Alliance Without Borders), held a series of events in Tucson, Arizona to educate the public on indigenous border concerns, to join with other concerned members of southern border indigenous communities, and to strategize for united indigenous social action on the border. The first of these events was a press conference held in a Tucson public library. At this press conference, Yaqui ceremonial leaders spoke of ceremonial items being mishandled and confiscated by border officials. They spoke of the problems faced by ceremonial leaders and participants in crossing the border for ceremonial activities. Yaqui and O’odham community members spoke about the loss of language and ceremonial knowledge in communities on both sides of the international border, and the need to strengthen cultural and ceremonial ties across the international line. Dennis Manuel, a Tohono O’odham elder and community activist working to protect the O’odham sacred areas of Baboquivari peak, stated that Border Patrol stationed on O’odham lands were driving through O’odham sacred areas, causing damage to the land and cultural artifacts in these areas. In a workshop hosted by the Alianza Indígena on the following Saturday, executive director of the Kumeyaay Border Task Force in California, Louis Guassac, spoke against the Department of Homeland Security’s plans for border wall construction that would “plow through” Kumeyaay ancestral gravesites. The Tucson border indigenous community events organized in August 2006 marked the beginning of a campaign launched by the Alianza Indígena Sin Fronteras to organize indigenous community action in support of national policy guidelines that 10 would protect indigenous peoples’ “rights of mobility and passage,” as well as indigenous environmental and cultural resources. Over two years later, border wall construction from California to Texas continues. The Secure Fence and Real I.D. Acts continue to allow the waiving of environmental and cultural protection laws for border wall construction and other “border security” measures. Over sixty-nine O’odham ancestral graves have been unearthed and cultural artifacts disturbed for border wall construction, and O’odham activist Dennis Manuel reports rumored plans for a new Secure Border spy tower to be constructed in the Baboquivari sacred area. Yet, the Alianza Indígena Sin Fronteras and its community partners continue to advocate for the rights of border indigenous peoples, and to speak against the current policies in place to enforce the international border line that divides their communities

The inevitable conclusion of cultural infringement on the Tohono is social death and genocide.


Short 10(Damien, PHD and director of human rights at London University, November 2010, THE INTERNATIONAL JOURNAL OF HUMAN RIGHTS, Cultural genocide and indigenous peoples: a sociological approach, accessed 7/14/15) CH

For those indigenous peoples fighting to retain or regain their lands they are fighting for their life as distinct peoples since, for them, their spirituality and cultural vitality is based in and on and with their lands. If we take this point seriously when this relationship is forcibly interrupted and breaks down we can only conclude that genocide is occurring. Indeed, when indigenous peoples, who have a physical, cultural and spiritual connection to their land, are forcibly dispossessed and estranged from their lands they invariably experience ‘social death’ and thus genocide. Furthermore, when indigenous lands are used by extractive industries the inherent corporate preference for externalising environmental costs can lead to physical, as well as cultural destruction. The tar sands project is a prime example of this.

This outweighs all impacts.


Short 10(Damien, PHD and director of human rights at London University, November 2010, THE INTERNATIONAL JOURNAL OF HUMAN RIGHTS, Cultural genocide and indigenous peoples: a sociological approach, accessed 7/14/15) CH

The second element of Lemkin’s prior formulation, vandalism — the destruction of culture — was now a technique of group destruction.42 Lemkin’s central ontological assertion here was that culture integrates human societies and consequently is a necessary pre-condition for the realisation of individual material needs. For Lemkin, culture is as vital to group life as individual physical well-being: So-called derived needs, are just as necessary to their existence as the basic physiological needs....These needs find expression in social institutions or, to use an anthropological term, the culture ethos. If the culture of a group is violently undermined, the group itself disintegrates and its members must either become absorbed in other cultures which is a wasteful and painful process or succumb to personal disorganization and, perhaps, physical destruction....(Thus) the destruction of cultural symbols is genocide...(It) ‘menaces the existence of the social group which exists by virtue of its common culture’.43 ‘This quotation gives us clues to Lemkin’s conception of genocide. He was more concerned with the loss of culture than the loss of life,’44 as culture is the social fabric of a genus. Indeed, in Lemkin’s formulation, culture is the unit of collective memory, whereby the legacies of the dead can be kept alive and each cultural group has its own unique distinctive genius deserving of protection.45 National culture for Lemkin is an essential element of world culture and nations have a life of their own comparable to the life of an individual. On this point Lemkin wrote: The world represents only so much culture and intellectual vigour as are created by its component national groups. The destruction of a nation, therefore, results in the loss of its future contributions to the world. Moreover, such a destruction offends our feelings of morality and justice in much the same way as does the criminal killing of a human being: the crime in the one case as in the other is murder, though on a vastly greater scale.


Second impact is violence

Border Patrol agents regularly commit acts of physical violence against Tohono people all through the reservation under the guise of looking for papers.


Norrell, 14 (Brenda. Publisher of Censored News, news reporter of Native American news for 32 years, lived on Navajoland for 18 years. "Tohono O’odham Government and Police Corruption Perpetuates US Border Patrol Violence." Occupied Tucson Citizen. Censored News, 4 May 2014. Web. 15 July 2015. )TB

SAN MIGUEL, TOHONO O’ODHAM NATION — Mike Wilson, Tohono O’odham, said the US Border Patrol shot two Tohono O’odham at the border, one in the face. The Border Patrol claims O’odham side-swiped its vehicle in San Miguel, “The Gate,” on Tohono O’odham land at the US Mexico border. However, Wilson points out in the video below that the Tohono O’odham government, Tohono O’odham police, and US Border Patrol can not be trusted. Wilson said that neither the Tohono O’odham government nor police have taken steps to ensure the safety of O’odham when faced with the US Border Patrol. He said these human rights violations by the US Border Patrol inflicted on O’odham have been going on for more than 10 years and the Tohono O’odham Nation has done nothing to halt this. Further, Wilson expresses his concern over the Tohono O’odham Nation government’s efforts to disable the new district of Hia-Ced on the western portion of the Tohono O’odham Nation near Ajo, Arizona. He said even though the Tohono O’odham Nation initially approved of the new district, it is now doing everything in its power to ensure that the new district fails. Wilson has put out water for years for migrants, over the objections of the Tohono O’odham government, and his life-saving water containers were vandalized. Wilson’s water stations have been in the area of the Tohono O’odham Nations with one of the highest rates of death. Wilson has also aided humanitarian groups searching for the bodies of missing migrants on the Tohono O’odham Nation. Meanwhile, the Tohono O’odham Nation has been able to control and silence much of the mainstream media. The Tohono O’odham police have threatened and stalked O’odham human rights activists to silence them. Now, the US Homeland Security has given the US southern border contract to an Israeli company, Elbit Systems, which is also responsible for Apartheid security surrounding Palestine. Elbit Systems now has the contract to construct US spy towers on Tohono O’odham land. The Tohono O’odham Legislative Council approved the construction of the 15th spy tower on sovereign O’odham land, according to the May 7, 2013 resolution, despite O’odham protests over the militarization of their lands.


Such violent acts include invading the nation, ransacking Tohono homes, and assaulting the people, all in the name of border surveillance. The USFG’s militarized surveillance confines the Tohono to violence and subjugation.


Miller 14 (Todd Miller has researched and written about U.S.-Mexican border issues for more than 10 years. He has worked on both sides of the border for BorderLinks in Tucson, Arizona, and Witness for Peace in Oaxaca, Mexico. He now writes on border and immigration issues for NACL, Todd Miller, 4-22-2014, "Tomgram: Todd Miller, The Creation of a Border Security State," Tomdispatch, http://www.tomdispatch.com/blog/175834/tomgram%3A_todd_miller,_the_creation_of_a_border_security_state/) GW

Before 9/11, there was little federal presence on the Tohono O’odham reservation. Since then, the expansion of the Border Patrol into Native American territory has been relentless. Now, Homeland Security stations, filled with hundreds of agents (many hired in a 2007-2009 hiring binge), circle the reservation. But unlike bouncers at a club, they check people going out, not heading in. On every paved road leaving the reservation, their checkpoints form a second border. There, armed agents -- ever more of whom are veterans of America’s distant wars -- interrogate anyone who leaves. In addition, there are two “forward operating bases” on the reservation, which are meant to play the role -- facilitating tactical operations in remote regions -- that similar camps did in Afghanistan and Iraq. Now, thanks to the Elbit Systems contract, a new kind of border will continue to be added to this layering. Imagine part of the futuristic Phoenix exhibition hall leaving Border Expo with the goal of incorporating itself into the lands of a people who were living here before there was a “New World,” no less a United States or a Border Patrol. Though this is increasingly the reality from Brownsville, Texas, to San Diego, California, on Tohono O’odham land a post-9/11 war posture shades uncomfortably into the leftovers from a nineteenth century Indian war. Think of it as the place where the homeland security state meets its older compatriot, Manifest Destiny. On the gate at the entrance to her house, Tohono O’odham member Ofelia Rivas has put up a sign stating that the Border Patrol can’t enter without a warrant. It may be a fine sentiment, reflecting a right embodied in the U.S. Constitution, but in the eyes of the “law,” it’s ancient history. Only a mile from the international boundary, her house is well within the 25-mile zone in which the Border Patrol can enter anyone’s property without a warrant. These powers make the CBP a super-force in comparison to the local law enforcement outfits it collaborates with. Although CBP can enter property warrantlessly, it still needs a warrant to enter somebody’s dwelling. In the small community where Rivas lives, known as Ali Jegk, the agents have overstepped even its extra-constitutional bounds with “home invasions” (as people call them). Throughout the Tohono O’odham Nation, people complain about Homeland Security vehicles driving at high speeds and tailgating on the roads. They complain about blinding spotlights, vehicle pull-overs, and unexpected interrogations. The Border Patrol has pulled O’odham tribal members out of cars, pepper-sprayed them, and beaten them with batons. As local resident Joseph Flores told a Tucson television station, “It feels like we’re being watched all the time.” Another man commented, “I feel like I have no civil rights.” On the reservation, people speak not only about this new world of intense surveillance, but also about its raw impact on the Tohono O’odham people: violence and subjugation. Although the tribal legislative council has collaborated extensively with Border Patrol operations, Priscilla Lewis seemed to sum up the sentiments of many O’odham at an open hearing in 2011: “Too much harassment, following the wrong people, always stopping us, including and especially those who look like Mexicans when driving or walking in the desert... They have too much domination over us.” At her house, Ofelia Rivas tells me a story. One day, she was driving with Tohono O’odham elders towards the U.S.-Mexican border when a low-flying Blackhawk helicopter seemingly picked them up and began following them. Hanging out of the open helicopter doors were CBP gunmen, she said. When they crossed the border into Mexico, the helicopter tracked them through a forest of beautiful saguaro cacti while they headed for a ceremonial site, 25 miles south of the border. They were, of course, crossing what was a non-border to the O’odham, doing something they had done for thousands of years. Hearing, even feeling the vibration of the propellers, one of the elders said, “I guess we are going to die.” They laughed, Rivas added, as there was nothing else to do. They laughed real hard. Then, a mile or so into Mexico, the helicopter turned back. Americans may increasingly wonder whether NSA agents are scouring their meta-data, reading their personal emails, and the like. In the borderlands no imagination is necessary. The surveillance apparatus is in your face. The high-powered cameras are pointed at you; the drones are above you; you’re stopped regularly at checkpoints and interrogated. Too bad if you’re late for school, a meeting, or an appointment. And even worse, if your skin complexion, or the way you’re dressed, or anything about you sets off alarm bells, or there’s something that doesn’t smell quite right to the CBP’s dogs -- and such dogs are a commonplace in the region -- being a little late will be the least of your problems. As Rivas told me, a typical exchange on the reservation might involve an agent at a checkpoint asking an O’odham woman whether, as she claimed, she was really going to the grocery store -- and then demanding that she show him her grocery list. People on the reservation now often refer to what is happening as an armed “occupation.” Mike Wilson, an O’odham member who has tried to put gallon jugs of water along routes Mexican migrants might take through the reservation, speaks of the Border Patrol as an “occupying army.” It’s hardly surprising. Never before in the Nation’s history under Spain, Mexico, or the United States have so many armed agents been present on their land.

In addition to direct acts of violence like assault, Tohono are systematically denied basic rights such as hospitals – this is a matter of life and death for any Tohono member that ever travels south of the border.


Vanderpool, 3 (Tim Vanderpool, Special Contributer to the Christian Science Monitor, writer for Tuscon Weekly,4-30-2003, "A tribe's tale of three identities," Christian Science Monitor, http://www.csmonitor.com/2003/0430/p02s02-usgn.html)TB

Born in Mexico, Antone is among 8,400 tribal members who grew up in remote, rustic villages along this international frontier without birth certificates or other documents. After serving with the US Marines and attending college, she returned to the reservation north of the border. Now she works as a counselor here in Sells, a dusty desert town that's home to the tribal government. But she still doesn't have US citizenship. Antone lives in a world that includes three nationalities: Mexican, American, and Tohono O'odham. "It gets confusing" she says. "But as O'odham, we're all one people, and we have one land." Now, freshmen Rep. Raul Grijalva (D) of Arizona wants to turn that concept into law. In a controversial move, he has introduced legislation that would grant US citizenship to all enrolled members of the tribe - including those living in Mexico. Supporters see the measure as a way to correct an "oversight" that was made more than 150 years ago. But critics see it as giving the O'odham a special privilege - and setting a dangerous precedent for immigration laws. The dilemma dates back to 1854, when the O'odham's ancestral homeland was halved by the Gadsden Purchase. Today, some 1,000 tribal members remain scattered among small villages in northern Mexico, while in the United States their reservation spans 4,500 square miles, including 60 miles of the US- Mexico border. No ID, no birth certificates Henry Ramon, vice chairman of the 25,000-member Tohono O'odham Nation, hopes Representative Grijalva's bill will correct a lingering injustice. "With our way of life here on the reservation, we don't always have documents," says Mr. Ramon. "We were born in our homes, and don't have [birth certificates]." Recent illegal immigration and security crackdowns on the border have increased the need for such documents: Not long ago, a group of O'odham traveling north from their Mexican homes for medical help on the reservation - services accorded them as registered tribal members - were summarily stopped at the border and detained for hours. Federal officials turned some back. Many reservation residents in the United States also lack the papers needed to travel back and forth, or even to prove they were born in this country. "My people have lived here since time immemorial," says Ramon. "But many O'odham right here on the reservation are considered illegal aliens" because they lack documents. Records of birth and death, he says, "were just passed down by word-of-mouth, from generation to generation."

The continued attempts at assimilation and the violating of the Tohono’s rights is psychological warfare and genocide by the border patrol.


Rivas, 6(Ofelia, Tohono born and activist fighting for cultural freedom, Immigration, Imperialism and Cultural Genocide: An interview with O’odham Activist Ofelia Rivas concerning the effects of a proposed wall on the US / Mexico border, The Solidarity Project, interviewed by Jeff Hendrix, http://www.tiamatpublications.com/docs/imperialism_interview_article.pdf, Accessed 7/15/15) CH

Prior to the 9-11 “attack on America,” Washington D.C. politicians toured the border along the reservation and declared that they were not responsible for the existing 3 cattle fence, stating that the Unites States government marked the border only with markers. (The tribe was seeking federal assistance to repair the cattle fence along the border due to cattle rustling and increase of drug trafficking). But now, after 9-11, the reservation is under the department of homeland security control, a police state, just like apartheid in South Africa. O’odham now have to carry documents to prove they are O’odham in order to move around on their own lands. The reservation is now closed off to the media and anyone voicing resistance against this situation face serious consequences such as harassment, arrest and a loss of public services from the tribal programs. One example of this harassment is my personal case. The non-O’odham tribal police in my mother’s village along the international border arrested me. I was held in a police vehicle for an hour under interrogation by a policeman, while two border patrol vehicles blocked the entrance to my mother’s yard. I was told to cooperate or face five charges: failure to stop, failure to show I.D., interfering with the Border patrol and two counts of aggressive behavior toward an officer. I was un-handcuffed and told to get out of the vehicle countless times as different tribal police arrived. When one non-O’odham tribal police officer arrived he was told there was a little misunderstanding and it was resolved. This causes me to seriously question the governments’ motives, they are trying to outright pacify the O’odham. They violate every protected human right we have and ignore our specific indigenous aboriginal rights. They control O’odham lands through psychological warfare. One major “problem” that has not been discussed, is the unknown number of young O’odham incarcerated in federal and state prisons who have become victims of this “operation gatekeeper.” The O’odham reservation has 97 percent unemployment – young people have been forced into drug trafficking and human trafficking to buy their “American dream.” Many of these young people are given severe sentences and do not receive legal assistance from the tribal system. Many of these young people have never been arrested or committed any offenses but now sit in prison awaiting sentences. The young people returning from prison are forced into halfway houses and are not allowed to return home to their families, they completely lose all rights as citizens of the United States. This is a conspiracy to force the total assimilation of the O’odham and neutralize the O’odham lands. This psychological warfare on the O’odham is genocide, a genocide that many will not realize until generations to come.
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