Daniel McGowan Released After Lawyers Confirm He Was Jailed For HuffPost Blog 5th April

Lawyers for environmental activist Daniel McGowan said in a statement Friday afternoon that he had been returned to his halfway house in Brooklyn.

Lawyers for environmental activist Daniel McGowan said in a statement Friday afternoon that he had been returned to his halfway house in Brooklyn. They added that they had confirmed McGowan was jailed by federal marshals on Thursday for his Huffington Post blog post — on the basis of a prison regulation that was declared unconstitutional by a judge in 2007.

Their statement read:

Daniel McGowan has been released from the Metropolitan Detention Center in Brooklyn where he was taken into custody yesterday and is back at the halfway house where he has been residing since his release from prison in December. Yesterday, Daniel was given an “incident report” indicating that his Huffington Post blog post, “Court Documents Prove I Was Sent to Communication Management Units (CMU) for My Political Speech,” violated a BOP regulation prohibiting inmates from “publishing under a byline.” The BOP regulation in question was declared unconstitutional by a federal court in 2007, and eliminated by the BOP in 2010. After we brought this to the BOP’s attention, the incident report was expunged.

The Bureau of Prisons did not immediately return a request for comment.

The earlier story …

NEW YORK — The jailing of environmental activist Daniel McGowan is under review, a Federal Bureau of Prisons (BOP) official said Friday morning.

McGowan, who pleaded guilty to arson linked to the Earth Liberation Front in 2006, was serving out the final months of his seven-year sentence in a Brooklyn halfway house when he was jailed by federal marshals Thursday morning, allegedly for writing a commentary on The Huffington Post critical of a harshly restricted federal prison unit in which he had spent time.

Tracy Rivers, a residential reentry manager for the BOP in New York, told HuffPost Friday morning, “We are reviewing this case to determine if the actions that were taken were appropriate.”

Rivers declined to say more about why McGowan was moved to the Metropolitan Detention Center, citing privacy issues. But she noted that a determination would be made in McGowan’s case by the end of Friday.

In general, Rivers said, prisoners can be punished for violating a BOP rule thatprohibits giving interviews to the news media without official approval. But that rule says nothing about prisoners writing blog posts.

McGowan’s wife, Jenny Synan, told HuffPost that neither he, his lawyers nor a BOP official she talked to about the case had heard of a regulation prohibiting prisoners from writing blog posts.

In a statement Thursday, McGowan’s lawyers at the Center for Constitutional Rights said, “If this is indeed a case of retaliation for writing an article about the BOP retaliating against his free speech while he was in prison, it is more than ironic, it is an outrage.”

UPDATE: 1:25 p.m. — Daniel McGowan may soon leave jail. His attorney with the Center for Constitutional Rights, Rachel Meeropol, told HuffPost Friday afternoon, “We have been told by the BOP that he will be sent back to the halfway house today.”

Daniel McGowan Sent Back to Prison April 4th

Less than a week after Daniel’s article regarding being held in a CMU for his political speech was published by the Huffington Post, he has been sent back into custody. The following message is from a support site for Daniel McGowan:

“Just when we thought it was over…. We have some bad news to report. This morning Daniel was taken into custody by federal marshals and is now at the federal detention center in Brooklyn getting processed.

We are still waiting to hear why this has occurred. Considering his exemplary behavior at the halfway house, approved weekend passes and the full-time job he started as soon as he was released back to the city this is all pretty insane. The Bureau of Prisons has proven to be cruel and vindictive time and time again.

Anyway, what YOU can do right now is write to Daniel and send your love! We don’t know how long he will be here, but there is a good chance it will be until his sentence officially ends on June 5.

Please write to:
DANIEL McGOWAN
#63794-053
MDC BROOKLYN
METROPOLITAN DETENTION CENTER
P.O. BOX 329002
BROOKLYN, NY 11232

Thanks for your continued support!”

There is also an article posted by NYC ABC, which you can read here.

More Charges Brought Against Tar Sands “Megaload” Protesters in Moscow, Idaho 4 April

As some of the last five of over 70 massive parts of an Alberta tar sands upgrader plant rumbled through the small, quiet, college town of Moscow, Idaho, at about 11 pm on Sunday, March 4, four protesters linked arms and sat down in the middle of Washington Street to stop three of these “megaloads” weighing 200,000 to 415,000 pounds and measuring 150 to 200 feet long.

Police arrested Cass Davis and Jim Prall for resisting and obstructing officers and dragged Jeanne McHale and Pat Monger to the sidewalk, as another 40 protesters voiced their opposition to expanding tar sands mining operations.  Again on Tuesday, March 6, when the final two similarly huge shipments crossed this 22,000-person city, demonstrators pounded drums, chanted slogans, played music, and engaged in street theater.

Helen Yost tossed a cardboard protest sign at the rear of the last megaload and air-kicked the transports and their police escorts out of town, resulting in misdemeanor charges for throwing an object at a moving highway vehicle and attempted battery of a peace officer.

All three accused protesters are pleading not guilty based on the necessity of their actions induced by their moral obligation to directly confront the causes of climate change that are currently killing millions of people, plants, and animals around the globe.  For their statements, please listen to Cass Davis and Jim Prall on Flashpoints and Helen Yost on KRFP Radio Free Moscow.  Other articles, photos, and videos of numerous megaload passages and protests are available on the Wild Idaho Rising Tide (WIRT) facebook page and website.

At about forty direct actions since July 15, 2011, when the shipments started traversing two-lane Highway 95 several nights a week, WIRT members and their community have practiced simple acts of non-violent civil disobedience to draw Americans’ attention to ongoing crimes against nature and humanity perpetrated by one of the wealthiest corporations in the world, ExxonMobil, and its Canadian subsidiary, Imperial Oil.

Their struggle began in May 2010, when Idaho citizens first learned that Governor Butch Otter and the Idaho Transportation Department had promised easy Idaho passage of at least 207 Korean-built modules to booming tar sands operations in Canada.  Thirty four pieces of cheaply constructed equipment destined for the Kearl Oil Sands Project in northeastern Alberta arrived in October 2010 by barge at the Port of Lewiston, Idaho, 465 river miles inland from the Pacific Ocean.  ExxonMobil/Imperial Oil originally intended to transport these megaloads through the Clearwater and Lochsa River valleys, up a 216-mile stretch of Highway 12 between Lewiston and Missoula, Montana.

This wild and pristine route through the largest wilderness complex in the lower 48 states encompasses not a single overpass that would prevent passage of these gigantic components weighing up to 600,000 pounds, towering 30 feet tall, and crowding the winding, two-lane road with their 24-foot widths and over 200-foot lengths.  Among the first three National Scenic Byways and one of only 31 All-American Roads, Highway 12 runs through a Wild and Scenic River federal easement and carries national historic significance as the parallel river route of the Nez Perce and Lewis and Clark trails.  These designations and the untrammeled nature of the place foster a vibrant, local, tourism industry that has flourished even while the national economy has floundered.

But Big Oil and its corporate interest in Highway 12 and other narrow, rural roadways in Idaho and Montana as permanent, high and wide, industrial corridors to the tar sands naively stumbled into an ambush in this rugged country.  Since August 2010, regional citizens have challenged, delayed, and possibly permanently impeded Imperial Oil’s plans, through four administrative and district court cases in both states and an Idaho Supreme Court hearing.  The one ‘test validation module’ that did traverse Highway 12 in April 2011 has remained stranded at Lolo Pass, high in the Bitterroot Mountains, protected from local scorn by ongoing private security, in mute testament to effective litigation and corporate folly.  During 2011, less than a dozen other transports with similar dimensions belonging to other companies attempted this arduous course.

In January 2011, Imperial Oil began spending $17 million to split its modules previously certified as “irreducible in size” into pieces only 15 feet high for transport on Highway 95 north from the port to Interstates 90 and 15 and Canada.  As residents raged in the streets of Moscow during over forty protests since Highway 95 shipments commenced in mid-July 2011, ExxonMobil shifted its transportation plans in October 2011 to the Port of Pasco and Highway 395 in eastern Washington.  In February 2012, in a lawsuit initiated by Missoula County Commissioners, a Montana judge modified a temporary court injunction into a permanent stay, effectively barring Imperial Oil traffic on Highway 12 until the Montana Department of Transportation produces a more thorough review of potential project impacts.

Since the Idaho Transportation Department first granted overlegal load permits for these unwelcome behemoths on February 1, 2011, most state and local officials have complicitly assented to Imperial Oil’s use of Moscow’s beautiful tree-lined streets and north Idaho’s winding rural roads as industrial corridors to the 232-square-mile complex of Canadian tar sands mines considered the “the most destructive project on earth[1]”.  The moral outrage of impacted citizens has swelled over almost two years, as spirited demonstrations have confronted every passage of these Imperial Oil transports hauled by Mammoet and their overbearing convoys of industry paid state, county, and city police and contracted pilot vehicle drivers and flaggers.  On August 26, about 150 protesters filled the streets and six citizens were arrested when they stopped a megaload for nearly half an hour.  Two shipment monitors were targeted and jailed on the following night, and two bicyclists riding on sidewalks near the transports were unlawfully detained and charged on October 6.

Myriad offensive social and environmental injustices have already and will continue to result from this transportation project, which hastens the Alberta tar sands development that climate scientist James Hansen has warned would ensure “game over for the climate.[2]”  Alberta upgrader plants release substantial carbon dioxide, greenhouse gases, heavy metals, and even the dirty tar mixture called bitumen that they process.  Energy- and water-intensive mining and upgrading processes release toxic emissions and wastewater stews that fill vast lagoons.  This extensive pollution not only poisons downwind and downstream water, air, and soil, plant and wildlife communities, and First Nations villages, it contributes to the single greatest point source of global climate chaos in North America.  For billions of people around the planet, climate change-driven warming and destabilized weather are threatening the health and life ways of human populations with intensifying storms, flooding, drought, desertification, famine, and rising sea levels[3].  The conservative International Energy Agency recently reported that unless we shift our infrastructure demands from fossil fuels to low-carbon alternatives within the next five years, “the results are likely to be disastrous.[4]

In Idaho, megaloads have imperiled the safety and schedules of travelers, delayed and blocked traffic with their 22- to 24-foot (two-lane) widths and lengthy convoys, impeded public and private emergency services, caused personal injury and property damage through numerous collisions with vehicles, power lines, cliffs, and tree branches, degraded our highways with washboard ruts in lane centers, and pummeled saturated road beds, crumbling shoulders, and outdated bridges.  Citizens concerned about the lax state oversight and myriad impacts of these overlegal loads, who have monitored and documented dangerous convoy practices and conditions, have additionally faced unwarranted targeting, surveillance, intimidation, harassment, and arrest by state troopers sworn to serve public safety, but who instead protect corporate interests that compromise Idahoans’ civil liberties and risk the health and wellbeing of people, places, and the planet.

Idaho residents monitoring, protesting, and blocking tar sands megaloads are not radicals but concerned citizens compelled by their consciences to take a courageous and persistent stand for a livable world.  They understand that their government is broken, that Americans need to abandon use of oil, coal, and natural gas, and that humans and all other life forms may not be capable of adapting their physiologies, as the U.S. Chamber of Commerce insists, to a rapidly warming climate hotter than humans have ever experienced.  The true radicals are U.S. Congressional members who mock widely-accepted scientific evidence of climate change and the fossil-fuel industries who alter the chemistry of the Earth’s atmosphere and who hire public relations firms to confound energy issues.

As their consciences compel them, Wild Idaho Rising Tide and Moscow activists seek only to preserve the global home that they know and love, for the benefit of everyone but particularly for the youngest and most vulnerable people.  They are standing on their convictions in solidarity with other communities in the path of this industrial juggernaut, near dozens of tar sands pipeline and transportation routes and refineries.  Over the last year, they have come to understand that resistance to Big Oil is not futile but essential and mandatory for people of good will to bequeath a livable planet to all of its present and future inhabitants.  Every resistance movement that has ever changed the world began with just a few people expressing their dissatisfaction and defiance, empowering their fellow citizens, and deepening their resolve to effect long overdue changes.  Through cold and wet winter weather, often into the early morning hours, some of the 400 regional and 940 national members of WIRT have borne witness to this ongoing tar sands atrocity and opposed its abuses with all the resources that they can muster.  But they are only among the first wave of a rising tide of resistance that tar sands profiteers can expect across our nation.

When vehicle-dependent Americans, who consume 97 percent of Alberta tar sands products, import the majority of their foreign oil from Canada but export a surplus, steam cleaning oily sand to obtain the purported best and most secure new source of petroleum appears not only unnecessary but expensive and excessive.  Further tar sands development in Canada and the American West would prolong the U.S. oil addiction admitted by George W. Bush, exacerbate global warming, and forestall transitions to safe, clean, infinitely sustainable energy sources.  Political leadership independent of unaccountable multinational corporations that channel millions of dollars reaped from tar sands production to American and Canadian administrative and legislative officials must effectively resolve the biggest challenge that humanity has ever faced.

Although President Obama on his campaign trail heralded “the moment when the rise of the oceans begins to slow and our planet begins to heal,” Americans continue to reel from the insidiously deadly effects of fossil fuel extraction, as victims of the shameful aftermaths of the Exxon Valdez and BP Deepwater Horizon spills, water contaminated by coal mining and hydraulic fracturing, and extensive tar sands devastation.  We cannot rely on state and national politicians, dirty energy executives, or industry workers to honor and protect people’s most basic rights and interests.  As life around the world struggles with the consequences of our collective delay in taking responsible actions to reverse climate change, we can only hope that investors and finance managers realize that smart money will abandon tar sands projects soon, before emerging grassroots initiatives reduce the value of their fiscal commitments to outmoded energy sources.

Catalyzed by projected atmospheric carbon concentrations of more than 450 parts per million, positive feedback mechanisms could overshadow efforts to reasonably shape energy policy, as chaotic weather rapidly transforms our landscapes and infrastructure.  A more stable economic future already thrives through the development of abundant domestic sources of wind, solar, geothermal, and other non-depletable energy.  Responsible energy providers can safely harvest these ample resources in perpetuity and offer enough power and mobility and better long-term security to meet energy needs.  Our international energy crisis and widespread ignorance of the clear scientific consensus on climate change may indeed represent the eleventh hour for humanity; our shared response could also signal its finest hour.


[1] Environmental Defence, Canada’s Toxic Tar Sands, The Most Destructive Project on Earth, February 2008:http://www.desmogblog.com/sites/beta.desmogblog.com/files/TarSands_TheReport%20final.pdf.

[2] James Hansen, Silence Is Deadly, I’m Speaking Out Against The Canada-U.S. Tar Sands Pipeline, Energy Bulletin, June 4, 2011: http://energybulletin.net/stories/2011-06-04/silence-deadly-i%E2%80%99m-speaking-out-against-canada-us-tar-sands-pipeline.

[3] United Nations Environment Programme, Potential Impact of Sea-Level Rise on Bangladesh, 2000: http://maps.grida.no/go/graphic/potential-impact-of-sea-level-rise-on-bangladesh.

[4] Fiona Harvey, World Headed for Irreversible Climate Change in Five Years, IEA Warns, If fossil fuel infrastructure is not rapidly changed, the world will ‘lose forever’ the chance to avoid dangerous climate change, The Guardian, November 9, 2011:http://www.guardian.co.uk/environment/2011/nov/09/fossil-fuel-infrastructure-climate-change.

 

Tar Sands Protestors Chain Themselves To Canadian Consulate Doors 3rd April

Two Seattle residents have chained themselves to the doors of the Canadian Consulate in downtown Seattle today protesting proposed pipelines that would bring Canadian tar sands to American refineries.

Two Seattle residents have chained themselves to the doors of the Canadian Consulate in downtown Seattle today protesting proposed pipelines that would bring Canadian tar sands to American refineries.

“We used to look up to Canada as an environmental leader, but promoting extreme energy like tar sands has soiled that reputation forever,” said Carlo Voli, a 47 year old Edmonds resident, as protestors poured fake oil over Canadian and American flags. Voli and Lisa Marcus, a 57 year old Seattle resident and grandmother, have U-Locked their necks to the doors of the consulate’s conference room.

Participants are protesting the construction of the Keystone XL pipeline and proposals to increase the number of tankers carrying tar sands through the Salish Sea. More than fifty people have been arrested at similar protests around the country this past month. 1

“We’re here to expose the collusion between the tar sands industry and the Canadian government,” explained Rachel Stoeve, a recent University of Washington graduate who was holding a banner outside the cheese factory, “The Canadian government and the tar sands industry are working together to bring tar sands to our communities. They’re not doing it for our benefit; they’re doing it for profit,”

Canadian Diplomats have come under criticism around the world for their aggressive promotion of the tar sands industry. The Harper Administration also provoked the indigenous rights movement Idle No More when they opened up native lands to development. In March Environmental Defense, a Toronto based group, released nearly one thousand pages of internal e-mails from Canadian diplomats outlining a strategy to promote the Keystone XL pipeline with American journalists.2 Last year an internal memorandum released by Post-Media news revealed the Harper government had deployed a network of Diplomats to lobby Fortune 500 companies in order to counter an environmental campaign targeting the tar sands.3 In Europe, the Canadian government has attempted to undermine the European Union’s “Fuel Quality Directive” with a lobbying campaign that Friends of the Earth described as “possibly the most vociferous public relations campaign by a foreign government ever witnessed in the EU.”4

While the fight against the Keystone XL pipeline has become a headline issue for environmentalists around the country, Seattle residents point out that Canada’s tar sands are already impacting the Salish Sea. All five of Washington’s refineries currently process tar sands materials, transported by Kinder-Morgan’s Trans-Mountain pipeline and oil tankers.5 THe Kinder-Morgan has proposed twinning the Trans-Mountain pipeline nearly tripling its capacity from 300,000 barrels per day to 850,000 barrels per day.6

 

“There is no safe method for tar sands transport. Kinder Morgan’s plans could bring up to 360 tankers through the Salish Sea7 and the Department of Ecology still has no plan to deal with a tar sands spill. It’s a disaster waiting to happen,” warned Rachel Stoeve

The Department of Ecology estimates a major oil spill could cost the state’s economy $10 Billion and 165,000 lost jobs as well as wipe out Washington’s resident Orca population.

“We’ve had enough of politicians on both sides of the border acting as mouthpieces for the fossil fuel industry. It’s time for ordinary people to put their bodies on the line to protect our region and our climate from extreme energy,” said Voli.

Amazon Dam Activists Threaten to Wage War on Brazil Over Military Incursion 3rd April

An Amazonian community has threatened to “go to war” with the Brazilian government after a military incursion into their land by dam builders.

The Munduruku indigenous community in Para state say they have been betrayed by the authorities, who are pushing ahead with plans to build a cascade of hydropower plants on the Tapajós river without their permission.

Public prosecutors, human rights groups, environmental organisations and Christian missionaries have condemned the government’s strong-arm tactics.

Helicopters, soldiers and armed police have been involved in Operation Tapajós, which aims to conduct an environmental impact assessment for the first proposed construction, the 6,133MW São Luiz do Tapajós dam.

The facility, to be built by the Norte Energia consortium, is the biggest of three planned dams on the Tapajós, the fifth-largest river in the Amazon basin. The government’s 10-year plan includes the construction of four larger hydroelectric plants on its tributary, the Jamanxim.

‘We don’t want Belo Monte’ reads a sign at an anti-dam rally in front of the Brazilian parliament in Brasilia. Under Brazilian law, major infrastructure projects require prior consultation with indigenous communities. Federal prosecutors say this has not happened and urge the courts to block the scheme which, they fear, could lead to bloodshed.

“The Munduruku have already stated on several occasions that they do not support studies for hydroelectric plants on their land unless there is full prior consultation,” the prosecutors noted in a statement.

A similar survey in November led to deadly conflict. One resident, Adenilson Kirixi, was killed and several others were wounded in clashes between local people and troops accompanying the researchers in Teles Pires village.

The ministry of mines and energy noted on its website that 80 researchers, including biologists and foresters, would undertake a study of flora and fauna. The army escort was made possible by President Dilma Rousseff, who decreed this year that military personnel could be used for survey operations.

Missionaries said the recent show of force in Sawré Maybu village, Itaituba, was intimidating, degrading and an unacceptable violation of the rights of the residents.

“In this operation, the federal government has been threatening the lives of the people,” the Indigenous Missionary Council said. “It is unacceptable and illegitimate for the government to impose dialogue at the tip of a bayonet.”

The group said Munduruku leaders ended a phone call with representatives of the president with a declaration of war. They have also issued open letters calling for an end to the military operation, “We are not bandits. We feel betrayed, humiliated and disrespected by all this,” a letter states.

One of the community’s leaders, Valdenir Munduruku, has warned thatlocals will take action if the government does not withdraw its taskforce by 10 April. He has called for support from other indigenous groups, such as the Xingu, facing similar threats from hydroelectric dams.

Environmental groups have expressed concern. The 1,200-mile waterway is home to more than 300 fish species and provides sustenance to some of the most biodiverse forest habitats on Earth. Ten indigenous groups inhabit the basin, along with several tribes in voluntary isolation.

With similar conflicts over other proposed dams in the Amazon, such as those at Belo Monte, Teles Pires, Santo Antônio and Jirau, some compare the use of force to the last great expansion of hydropower during the military dictatorship.

“The Brazilian government is making political decisions about the dams before the environmental impact assessment is done,” said Brent Millikan of the International Rivers environmental group.

“The recent military operations illustrate that the federal government is willing to disregard existing legal instruments intended to foster dialogue between government and civil society.”

Summer action camp against Shell

Come to Mayo on the 21st of June

This year it is planned to have a shorter camp, but to attract a large number of people.

Come to Mayo on the 21st of June

This year it is planned to have a shorter camp, but to attract a large number of people.

Basically we’ll be building the camp from the start of June to be ready for Mid-June.

  • Build camp 1st – 15thJune
  • Solidarity camp from Friday the 21st to Sunday the 30th June

 

The G8 is to take place 17th-19th June in Co. Fermanagh. The camp in Mayo takes place after the G8, for those who would like to have an active month in June!

We are also encouraging groups to come and engage in actions at this time, but if you can only come once this summer, then the last week of June (21st-30th) is the time to be here – get organising.

New posters, leaflets, youtube videos and speaking tours are being organised/made to promote the campaign and summer camp. Contact us if you can help organising or promoting the events this summer.

Hasta la victoria siempre,

RSC

 

Please print out the full update and help spread the word! http://www.rossportsolidaritycamp.org/?p=1651

rossportsolidaritycamp@gmail.com
www.rossportsolidaritycamp.org / www.shelltosea.com

Mexico: 22 Injured in Oaxaca Wind Farm Protest

Some 1,200 agents from the police forces of the southern Mexican state of Oaxaca tried unsuccessfully on March 26 to remove local residents who were blocking a road leading to the Bii Yoxho wind farm, which is under construction in Juchitán de Zaragoza municipality near the Pacific coast. The operation was also intended to recover construction equipment protesters had seized on Feb. 25 in an ongoing effort to stop the completion of the wind project, which is owned by the Mexican subsidiary of the Spanish company Gas Natural Fenosa. Local prosecutor Manuel de Jesús López told the French wire service AFP that 22 people were injured in the March 26 operation, including 11 police agents, and one police agent was taken prisoner. Protesters reported eight local people with serious injuries, including Carlos Sánchez, the coordinator of Radio Totopo, a community radio station.

Several companies have been building wind farms in southeastern Oaxaca on the Isthmus of Tehuantepec. Residents in the Juchitán area, mostly from the Zapotec and Ikoots (Huave) indigenous groups, say the Bii Yoxho project is being built in an area they use for fishing and farming that also includes ceremonial sites, along with mangrove forests that are critical to the local environment. The barricade blocking access to the Bii Yoxho project on the Juchitán-Playa Vicente road is one of four main points of resistance to the wind turbines. Activists have also occupied the town hall in San Dionisio del Mar since January 2012; have refused to recognize the mayor in San Mateo del Mar, Francisco Valle, because he favors the projects; and have set up a barricade in Juchitán’s Alvaro Obregón neighborhood to block access to another wind park, owned by the Mareña Renovables company.

The resistance has been subjected to police harassment, such as the 24-hour detention by federal police of Lucila Bettina Cruz Velázquez, a leader in the Assembly of the Indigenous Peoples of the Tehuantepec Isthmus in Defense of Land and Territory, in February 2012. Protesters also report the presence of armed paramilitary groups, some with connections to unions and other groups affiliated with the centrist Institutional Revolutionary Party (PRI) or close to the center-left Party of the Democratic Revolution (PRD). On March 21 a group of men linked to Juchitán’s PRI mayor, Francisco Valle Piamonte, briefly detained reporter Rosa Rojas and photographer Francisco Olvera, both from the left-leaning national daily La Jornada, along with three reporters from alternative media and a San Mateo resident. On the morning of March 29 a paramilitary group dismantled Radio Totopa, seizing a laptop and the transmitter and cutting the power cables, according to the Popular Assembly of the Juchiteco People (APPJ). APPJ spokespeople called this “another attack by the state government and the transnational companies which are trying to use violence to silence the voices of those who oppose the construction of wind parks.” 

After negotiations with representatives of the Oaxaca state government on March 28, the APPJ returned 12 vehicles, including a backhoe, to Gas Natural Fenosa; in exchange the state agreed not to press charges against the protesters. However, the APPJ rejected the state’s proposal for them to lift the road blockades on April 1 and attend an April 2 meeting in the city of Oaxaca. The protesters said they would maintain their barricades, and they called on Oaxaca governor Gabino Cué Monteagudo to come meet with them in Juchitán. (Desinformémonos, March 24; Bloomberg News, March 27, from AFP; statement by assemblies of the peoples of the Isthmus, March 29, via Kaos en la RedLa Jornada, March 29)

Panama: Ngöbe-Buglé Murdered After Anti-dam Protest 2nd April

Onésimo Rodríguez, a leader in Panama’s Ngöbe-Buglé indigenous group, was killed by a group of masked men in Cerro Punta, in western Chiriquí department, the evening of March 22 following a protest against construction of the Barro Blanco hydroelectric dam. Carlos Miranda, another protester who was attacked along with Rodríguez, said the assailants beat both men with metal bars. Miranda lost consciousness but survived; Rodríguez’s body was found in a stream the next day. Miranda said he was unable to identify the attackers because it was dark and their faces were covered. Manolo Miranda and other leaders of the April 10 Movement, which organizes protests against the dam, charged that “the ones that mistreated the Ngöbes were disguised police agents.”

The Ngöbe-Buglé stepped up their demonstrations against the Barro Blanco project in January, when construction continued at the site despite a United Nations (UN) report that largely substantiated indigenous claims that the dam would flood three villages, cut the residents off from food sources and destroy important cultural monuments. As of March 26 an independent study mandated by the UN report and agreed to by the government had still not started.

 

In addition to protesting the Honduran-owned company building the dam, Generadora del Istmo, S.A. (GENISA), indigenous activists blame two European banks for funding the project: Germany’s private Deutsche Investitions- und

Entwicklungsgesellschaft (DEG) and the Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V. (FMO), in which the Dutch government holds a controlling interest. Dam opponents say GENISA also sought funding from the European Investment Bank (EIB) but withdrew the application after learning that bank officials planned to visit the affected communities themselves. (Mongabay.com, March 25; La Estrella, Panama, March 26)

In other news, as of March 19 the National Coordinating Committee of the Indigenous Peoples of Panama (COONAPIP) had decided to withdraw from the United Nations Reducing Emissions from Deforestation and Degradation (UN-REDD+) program, which focuses on environmental problems in developing nations. The indigenous group charged in a statement that the UN and the Panamanian government “have appeared to marginalize the collective participation of the seven indigenous peoples and 12 traditional structures that make up COONAPIP” and have put “legal and administrative obstacles in the way” of indigenous participation. The Mesoamerican Alliance of People and Forests (AMPB), a coalition of Central American and Mexican indigenous and environmental groups, is backing COONAPIP’s decision. (Mongabay.com, March 19; Adital, Brazil, March 21)

Hundreds Resume Letpadaung Mine Protest 1st April

More than 300 farmers in northern Burma’s Sagaing Division have resumed their protests against a controversial Chinese-backed copper mine, saying they will refuse compensation and continue to push for the mine’s complete closure.

More than 300 farmers in northern Burma’s Sagaing Division have resumed their protests against a controversial Chinese-backed copper mine, saying they will refuse compensation and continue to push for the mine’s complete closure.

“No matter how much compensation they give, we won’t accept it, because all we want is for the mine to be shut down completely,” said one of the farmers from the Letpadaung area near Monywa.

The protesters are also demanding that the government take action against those responsible for a Nov. 29, 2012, crackdown that left around 100 protesters injured, some of them severely. They say they also want an emergency order banning protests lifted.

The farmers say that the mine, jointly owned by the Union of Myanmar Economic Holdings Ltd, a Burmese military-owned conglomeration, and Wanbao, a subsidiary of Chinese state-owned arms manufacturer Norinco, has been dumping waste on land owned by farmers who have refused compensation.

Some of the farmers said that they have attempted to obstruct the efforts of mine employees to take over their land. “When we attempted to halt their work, they called the police to drive us back. Later some farmers used big stone slabs to fence in their confiscated lands to prevent the bulldozers,” said one farmer.

“They are even trying to get us to give up our lands forever, using some of the former protest leaders to convince us. They say we will get electricity and water. But we won’t accept it. We just want to stop the mining for the sake of our future generations,” said another.

The protests against the mine began last year, and attracted support from activists around the country. However, farmers in the affected area have been divided over whether to continue their protests since a government-formed commission led by opposition leader Aung San Suu Kyi released a report earlier this month saying the project should go ahead.

Those still pushing for the mine’s closure say they will not give up.

“The reason we don’t accept the result of the commission is because it doesn’t assure our future, our land and our environment, and makes no commitment to bringing the culprit behind the crackdown to justice. We will continue to protest—with permission from the authorities—until the mining stops,” said one protester.

“Court Documents Prove I was Sent to Communication Management Units for my Political Speech”

 

by Daniel McGowan

 

by Daniel McGowan

I currently reside at a halfway house in Brooklyn, serving out the last few months of a seven-year sentence for my role in arsons credited to the Earth Liberation Front (ELF) at two lumber companies in Oregon in 2001.  My case, and the federal government’s rush to prosecute environmental activism as a form of terrorism, were recently explored in the Oscar-nominated documentary, If a Tree Falls: A Story of the Earth Liberation Front

if a tree falls 10499656-largeWhat has received less attention, though, is what happened to me while in federal prison.  I was a low security prisoner with a spotless disciplinary record, and my sentencing judge recommended that I be held at a prison close to home.  But one year into my sentence, I was abruptly transferred to an experimental segregation unit, opened under the Bush Administration, that is euphemistically called a “Communication Management Unit” (CMU) Since August 2008, when I first arrived at the CMU, I have been trying to get answers as to why I was singled out to be sent there.  Only now — three years after I filed a federal lawsuit to get to the truth — have I learned why the Federal Bureau of Prisons (BOP) sent me to the CMU: they simply did not like what I had to say in my published writing and personal letters.  In short, based on its disagreement with my political views, the government sent me to a prison unit from which it would be harder for me to be heard, serving as a punishment for my beliefs.

The first of the two CMUs was opened quietly, without the public scrutiny required by law, in 2006 in Terre Haute, Indiana; the Marion, Illinois CMU followed in 2008.  In fact, at a hearing in my case before I was sentenced, my attorneys argued that giving me the “terrorism enhancement” could result in my designation to a CMU.  How right they were! The units are designed to isolate prisoners from the rest of the prisoner population, and more importantly, from the rest of the world.  They impose strict limitations on your phone calls home and visits from family and friends — you have far less access to calls and visits than in general population.  The communications restrictions at the CMUs are, in some respects, harsher than those at ADX, the notorious federal “Supermax” prison in Colorado.  Also, unlike ADX, they are not based on a prisoners’  disciplinary violations. When my wife and loved ones visited me at the CMUs, we were banned from any physical contact whatsoever.  All interactions where conducted over a telephone, with Plexiglas  and bars between us.  Until they were threatened with legal action, CMU prisoners were only allowed one single 15-minute phone call per week.

T-shirt design from Daniel's support campaign. These can still be ordered here.

T-shirt design from Daniel’s support campaign. These can still be ordered here.

This is very different from most prisons.  I started my sentence at FCI Sandstone — a low security facility in Minnesota.  I never received a single incident report the whole time I was there and stayed in touch with my family by phone and through visits.  The importance of maintaining these family connections cannot be overstated.  My calls home were, for example, the only way I could build a relationship with my then two-and-a-half year old niece.   When my family would visit, it was incredibly important to all of us to be able to hug and hold hands in a brief moment of semi-normalcy and intimacy. It was these visits that allowed us to maintain our close contact with each other through a time of physical disconnection, trauma and distress.

What’s also notable about the CMUs is who is sent there. It became quickly obvious to me that many CMU prisoners were there because of their religion or in retaliation for their speech. By my count, around two-thirds of the men are Muslim, many of whom have been caught up in the so-called “war on terror,” others who just spoke out for their rights or allegedly took leadership positions in the Muslim community at other facilities. Some, like me, were prisoners who have political views and perspectives that are not shared by the Department of Justice.

While serving my time I was eager to stay involved in the social justice movements I care about, so I continued to write political pieces, some of which were published on this website [the Huffington Post].  No one in the BOP ever told me to stop, or warned me that I was violating any rules.  But then, without a word of warning, I was called to the discharge area one afternoon in May 2008 and sent to the CMU at Marion.  Ten days after I arrived, still confused about where I was and why, I was given a single sheet of paper called a “Notice of Transfer.”  It included a few sentences about my conviction, much of which was incorrect, by way of explanation for my CMU designation.  I was provided no other information about why the BOP believed I needed to be sent to this isolation unit.  Frustrated, I filed administrative grievances to try to get the information corrected, and find out how this decision had been made.  When that did not work, I filed a request for documents under the Freedom of Information Act.  I got nowhere.  The BOP would not fix the information, and wouldn’t explain why they thought I belonged in a CMU.

So I decided to contact lawyers at the Center for Constitutional Rights, having known their history of strong advocacy on these issues. We brought a federal lawsuit on behalf of myself and other CMU prisoners to challenge policies, practices and our designation to the CMUs. The lawsuit, Aref v. Holder, was filed in April 2010, and challenges the constitutionality of various polices and practices at the CMUs, including the lack of meaningful process associated with designation to the units, and the lack of any meaningful way to “step down” from the units.  The lawsuit contends that this lack of transparency and process has allowed people to be sent to the CMUs based on, for example, their protected speech.  Through discovery in the case, the federal government has finally been forced to hand over previously-unseen memoranda  explaining why I was picked out to be sent a CMU.  Authored by Leslie Smith, the Chief of the BOP’s so-called “Counter Terrorism Unit,” and cataloging in detail some of the things I have said in the past years, they make one thing clear: I was sent to the CMU on the basis of speech that the BOP just disagrees with.

The following speech is listed in these memos to justify my designation to these ultra-restrictive units:

My attempts to “unite” environmental and animal liberation movements, and to “educate” new members of the movement about errors of the past; my writings about “whether militancy is truly effective in all situations”; a letter I wrote discussing bringing unity to the environmental movement by focusing on global issues; the fact that I was “publishing [my] points of view on the internet in an attempt to act as a spokesperson for the movement”; and the BOP’s belief that, through my writing, I have “continued to demonstrate [my] support for anarchist and radical environmental terrorist groups.”

The federal government may not agree with or like what I have to say about the environmental movement, or other social justice issues. I do not particularly care as the role of an activist is not to tailor one’s views to those in power. But as Aref v. Holder contends, everything I have written is core political speech that is protected by the First Amendment.  It may be true that courts have held that a prisoner’s freedom of speech is more restricted than that of other members of the public.  But no court has ever said that means that a prisoner is not free to express political views and beliefs that pose no danger to prison security and do not involve criminal acts.  In fact, decades of First Amendment jurisprudence has refused to tolerate restrictions that are content-based and motivated by the suppression of expression.  And courts have recognized that when a prisoner is writing to an audience in the outside world, as I was, it’s not just the prisoner’s First Amendment rights that are at stake: the entire public’s freedom of speech is implicated.

I do not know what is happening with the men I got to know in the CMUs but I know they are still dealing with everything I had to deal with — isolation from the outside world, strained relationships, always being on eggshells about the constant surveillance and never knowing when they will get out of the CMU. 

It is becoming increasingly clear that the BOP is using these units to silence people, and to crack down on unpopular political speech. They have become units where the BOP can dump prisoners they have issues with or whose political beliefs they find anathema. In the months that come, with CCR’s help, I hope to prove that in court and show what is happening at the CMUs. This needs to be dragged into the sunlight.

Follow Daniel McGowan on Twitter: www.twitter.com/@thetinyraccoon