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The U.S. Supreme Court today ruled to leave in place an appeals court administrative stay on a preliminary injunction blocking Texas Senate Bill 4 (88-4), an extreme anti-immigrant law. Justices Barrett and Kavanaugh emphasized that they were not addressing the merits, but concluded Supreme Court intervention was premature at this early stage. The ruling will allow the law to go into effect immediately.

The legislation is one of the most extreme anti-immigrant laws ever passed by any state legislature in the country and would permit local and state law enforcement to arrest, detain, and remove people they suspect to have entered Texas from another country without federal authorization. The law’s implementation would lead to racial profiling, separate families, and harm Black and Brown communities across the state. The American Civil Liberties Union, ACLU of Texas, and Texas Civil Rights Project (TCRP) filed a lawsuit on behalf of Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County, arguing that S.B. 4 violates the supremacy clause of the U.S. Constitution and is preempted by federal law.

Earlier this month, the Fifth Circuit Court of Appeals issued an administrative stay that suspended a lower court decision to block S.B. 4 from going into effect while the case is litigated. In response, civil rights groups filed an application to the Supreme Court to vacate the stay. The Fifth Circuit has stated that it will expedite consideration of the appeal, and oral arguments have been set for April 3 in New Orleans.

Quotes from co-counsel and plaintiffs are as follows:

Anand Balakrishnan, senior staff attorney at the ACLU’s Immigrants’ Rights Project, said:

“Today’s decision is disappointing and threatens the integrity of our nation’s immigration laws and bedrock principles of due process. But it is only preliminary and turned on the specific posture of the case. We’ll continue to fight against S.B. 4 until it is struck down once and for all.”

Rebecca Lightsey, co-executive director of American Gateways, said:

“While today’s Supreme Court decision is another setback for immigrants and refugees, we will continue to advocate for civil rights and dignity for people fleeing persecution. We all recognize that our current immigration system is broken. It’s past time to take a look at realistic solutions that will help not only those coming and seeking protection, but also the communities that are receiving them.”

Jennifer Babaie, director of advocacy and legal services Las Americas Immigrant Advocacy Center, said:

“Make no mistake, this decision does not change our commitment to this fight. Everyone, regardless of race or immigration status, has the freedom to move and the freedom to thrive. We will continue to use every tool at our disposal to ensure this anti-immigrant and unconstitutional law is struck down for good, and Texans are protected from its inherent discrimination.”

Tami Goodlette, director of the Beyond Borders Program at TCRP, said:

“Today’s decision is unfortunate. Allowing this law to be implemented as the case makes its way through the legal process needlessly puts people’s lives at risk. Everyone, no matter if you have called Texas home for decades or just got here yesterday, deserves to feel safe and have the basic right of due process. We remain committed to the fight to permanently overturn S.B. 4 to show the nation that no state has the power to overtake federal immigration authority.”

Adriana Piñon, legal director at the ACLU of Texas, said:

“We disagree with the court’s decision and the implementation of this unconstitutional and extreme anti-immigrant law will likely be disastrous for both Texans and our legal system. S.B. 4 threatens our most basic civil and human rights as citizens and non-citizens alike and we recommend anyone threatened by this, including people who fear racial profiling, to remember their rights. We will continue our efforts to halt this hateful law.”

In a landmark decision in favor of rivers in Peru, the Mixed Court in the City of Nauta ruled that the Marañón River, one of the country’s most significant rivers and water sources and the first source of the Amazon, has an intrinsic value and it is recognized as a Subject of Rights codifying a series of inherent rights. The triumph marks the culmination of efforts led by the Huaynakana Kamatahuara Kana Federation, an Indigenous Kukama women’s group rooted in the Parinari district of the Loreto province and region. Since 2021, they have spearheaded a legal battle against the State and Peruvian authorities, demanding protection for the Marañón River from the constant oil spills from the Norperuvian oil pipeline operated by Petroperu. The communities that make up this federation are still dealing with the aftermath of the Saramuro oil spill in 2010.

The Marañón River is one of the most important rivers and freshwater sources in Peru and its headwaters are high in the Andes Mountains before the river flows through the Andean valley to become one of the mainstem sources of the Amazon River. The river has been impacted by more than 60 oil spills caused by Oleoducto Norperuano between 1997 and 2019. The river is also being harmed by impacts from infrastructure projects – such as hydroelectric dams and the Amazon Waterway – considered a risk by multiple agencies and organizations including the International Union for Conservation of Nature (IUCN). The river is also contaminated by mercury and other hazardous materials as a consequence of illegal gold mining.

In the constitutional protection process initiated in 2021 and supported by Instituto de Defensa Legal, International Rivers, and Earth Law Center, the Kukama women sought not only redress for environmental damages but also the fundamental recognition that the Marañón River and its tributaries be granted rights holder status.

The lawsuit targeted key actors, including the petroleum company, Petroperú; the Ministry of the Environment, the Institute of Research of the Peruvian Amazon (IIAP), the National Water Authority (ANA), and the Ministry of Energy and Mines. Also included are representatives of regional entities, such as the Executive Directorate of Environmental Management and the General Management of Indigenous Affairs of the Regional Government of Loreto.

In the ruling, the judge of the Mixed Court of Nauta recognized the intrinsic value of the Marañón River, codifying a series of intrinsic rights, among them: the right to exist; right to ecological flow; the right of restoration; the right to be free of pollution; right to exercise its essential functions with the ecosystem; right of representation. The court also went further to name the Peruvian government and the Indigenous organizations as guardians, defenders and representatives of the Marañón River and its tributaries. The Court further ordered that the regional Government of Loreto must take the necessary steps before the National Water Authority to create a water resource basin organization for the Marañón River and its tributaries; and ordered the oil company to prepare and present an updated environmental management instrument within six months to evaluate all the impacts of transportation and hydrocarbon activities on the river.

For Mariluz Canaquiri Murayari, president of Huaynakana Kamatahuara Kana, the Federation of Kukama Indigenous Women, “We are truly happy and grateful to everyone who has supported us. We also want to thank God for what we have achieved. It won’t end here; we will continue. It encourages us to fight to defend our territories and rivers, which is fundamental. The recognition made in this decision has critical value. It is one more opportunity to keep fighting and claiming our rights. Our work is fundamental for Peru and the world: to protect our rivers, territories, our own lives, and all of humanity, and the living beings of Mother Nature.”

Over the past years, the Kukama women, along with their lawyer Martiza Quispe Mamani, have navigated the justice system fighting for the protection of their fundamental right to health, sanitation, social, cultural, environmental, and economic rights and a dignified life. Now, their long wait for resolution may finally be nearing an end.

“This historic ruling is an important achievement of the Kukama women, Huaynakana Kamatahuara Kana, who have fought for the protection and defense of their rivers due to constant oil spills for many years,” says Martiza Quispe Mamani, the attorney representing the communities. “The fact that the judge of the Nauta Court has declared the Marañón River as a subject of rights represents a significant and transcendental milestone for the protection not only of the Marañón River but also of all rivers contaminated by extractive activities.”

To the international community, the decision by the Peruvian court can represent important progress for environmental restoration and the fundamental right to water. This case has progressed towards justice thanks to the work of Instituto de Defensa Legal, International Rivers, Earth Law Center, Forum Solidaridad Peru, Quisca, Radio Ucamara, Radio Voz de La Selva, WCS Peru, Instituto Chaikuni, the parish of Santa Rita de Castilla and the Bishop of Iquitos, Monsignor Miguel Ángel Cadenas, Father Manolo Berjón, Vicariato Apostólico de Iquitos, Mesa Regional de Lucha Contra La Pobreza (Regional Committee for the Fight Against Poverty), Broederlijk Delen, and Global Alliance for the Rights of Nature.

The recognition of the rights of the Marañon River and the Indigenous communities as its guardians represents a very important step toward addressing the persistent threats to the river and is a significant milestone for Peru and for the global community that has closely followed the struggle of the Kukama people.

The Nauta court’s decision marks a major win for river conservation in Peru, affirming the intrinsic value of the Marañón River and granting it the status of a Subject of Rights. This milestone underscores the vital impact of community-led advocacy in safeguarding river ecosystems and sets a crucial precedent for river conservation efforts globally. By recognizing the Marañón River as a Subject of Rights, this decision is significant not only in terms of environmental protection but also in advancing the rights of nature and the rights of rivers. It establishes a groundbreaking legal framework that acknowledges the inherent rights of natural entities, paving the way for similar legal recognition and protection of rivers worldwide.
Monti Aguirre, Latin America Director of International Rivers “The recognition of the rights of the Marañón River and the indigenous communities as its guardians is the first step to restore many cumulative impacts that affect the Mranonriver basin. This historic decision is crucial for Peru and the international community that has closely followed the struggle of the Kukama people. This groundbreaking decision vindicates the rights and culture of the Amazonian populations in Peru.”
Javier Ruiz, Earth Law Center Expert in Environmental Policy and Climate Change

The Biden administration should follow US law and immediately suspend arms transfers to Israel, Human Rights Watch and Oxfam said today. The organizations on March 19, 2024 submitted a joint memorandum to the US government regarding Israel’s violations of international humanitarian law including with US weapons and the blocking of US-funded humanitarian assistance.

“There are good reasons why US law prohibits arms support for governments that block life-saving aid or violate international law with US weapons,” said Sarah Yager, Washington director at Human Rights Watch. “Given ongoing hostilities in Gaza, the Israeli government’s assurances to the Biden administration that it is meeting US legal requirements are not credible.”

The Oxfam-Human Rights Watch memorandum summarizes a wide range of Israeli violations of international humanitarian law, deprivation of services critical to the survival of the civilian population, and arbitrary denial and restrictions of humanitarian aid since the Hamas-led attacks on Israel on October 7, 2023. Examples include:

• Use of US-supplied white phosphorus in military operations in Lebanon and Gaza in October;
• Indiscriminate or disproportionate strikes on or near several major hospitals between October 7 and November 7, as well as a strike on a marked ambulance that reportedly killed 15 people and injured 60;
• Systematic blocking of assistance, including aid substantially provided by the US, from reaching about 300,000 Palestinians remaining in northern Gaza;
• The bombardment and significant destruction of Oxfam and partner organizations’ water infrastructure, rendering much of it inoperable.

Oxfam and Human Rights Watch said in their memorandum that they “are confident that the examples we cite here reflect a broader pattern of conduct than is currently being assessed by the US Government.”

On March 15, the Israeli government submitted its most recent “assurances” to the US State Department that it is not arbitrarily blocking US humanitarian assistance and not violating international humanitarian law as part of its compliance with National Security Memorandum-20 (NSM-20).

NSM-20 establishes that foreign security partners such as Israel submit assurances to the Departments of State and Defense that they are not arbitrarily blocking US humanitarian assistance and not violating international humanitarian law. The secretaries of state and defense then need to determine whether these assurances are credible.

“Oxfam has repeatedly sounded the alarm that Israel’s ongoing bombardment and siege, and its actions to prevent access for humanitarian aid, have escalated a catastrophic humanitarian crisis in Gaza,” said Scott Paul, associate director for peace and security at Oxfam America. “We have laid out clearly for the Biden administration why any assurances from Israel that they have not delayed, restricted, and impeded aid into Gaza cannot be relied upon. Despite this, the United States has continued to provide Israel with deadly weapons. The time has long passed for the Biden administration to end lethal arms sales to Israel, and we call on them to do so now and work to end the death and suffering in Gaza.”

The joint submission is being released as famine is imminent in northern Gaza and a high risk for the rest of the strip if Israel persists in its hostilities and restriction of humanitarian access. The United States and other countries have resorted to airdrops and a temporary seaport – a product of Israel blocking aid from entering via more effective and safe land routes, the groups said.

Oxfam and Human Rights Watch urged Secretary of State Antony Blinken and Defense Secretary Lloyd Austin to consider expected future violations when determining the credibility of the Israeli government’s assurances. “Oxfam and Human Rights Watch believe a suspension of arms transfers to Israel is necessary so long as there is an overriding risk that they are being used to commit or facilitate serious violations of international humanitarian and human rights law, and US law and policy,” the groups said in their report.

To read the National Security Memorandum on Safeguards and Accountability with Respect to Transferred Defense Articles and Defense Services (NSM-20), please visit:
https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/08/national-security-memorandum-on-safeguards-and-accountability-with-respect-to-transferred-defense-articles-and-defense-services/

To read the IPC Hunger Report in Gaza, please visit:
https://www.ipcinfo.org/ipcinfo-website/alerts-archive/issue-97/en/

Last week, the Indigenous Women’s Treaty Alliance and environmental groups delivered a petition with 9,000+ signatures calling on the Army Corps of Engineers to conduct a robust environmental review of the Line 5 crude oil pipeline reroute. The petition builds on growing momentum to shut down Line 5 permanently. Two weeks ago, leaders of 30 Tribal Nations in the Great Lakes region sent a letter to President Joe Biden urging the United States to take action against the Enbridge Line 5 pipeline’s trespass on the Bad River Band’s sovereign territories.

The petition delivery comes ahead of the Washington D.C. premiere of the BAD RIVER documentary film, which will be attended by Bad River Tribal leaders, community advocates, environmental groups, and Congressional and government leaders and officials. The film will be released in 15 AMC and local theaters throughout the country on March 15th, many of which will run through the weekend, with 50% of ticket sales going to the Bad River Band.

Enbridge’s Line 5, a 645 mile and 70-year-old oil pipeline, has continued to operate illegally through the Bad River Band’s land in northern Wisconsin and the Straits of Mackinac in Michigan. The existing infrastructure poses a serious threat to the Great Lakes region which holds one-fifth of the world's surface freshwater. Enbridge's proposed reroute will still impact the Bad River Band of Lake Superior Chippewa’s sovereign land and watersheds. Despite the Bad River Band’s request that Enbridge immediately shutdown the existing illegal pipeline, the company is moving forward seeking permits for the reroute.

During the petition delivery, the Indigenous Women’s Treaty Alliance brought attention to the cultural and environmental impacts of the Line 5 pipeline, the need for a full Environmental Impact Statement (EIS) for the Line 5 reroute, and the urgent calls to shutdown and decommission the pipeline permanently. Ahead of the delivery, members of the Indigenous Women’s Treaty Alliance and allies met with the Army Corps and Congressional leaders. See a livestream of the delivery and rally here.

While the unprecedented Great Lakes Tunnel Project in the Straits of Mackinac aims to replace only a small segment of the overall degrading pipeline, four tribes, environmental groups, and numerous Great Lakes advocates continue to object to the high-risk project that would encase the pipeline in concrete beneath the Lake. This unusual pipeline mechanism introduces an entirely new and extremely dangerous set of explosion risks to the Lakes and surrounding communities.

The petition delivery and rally was led by the Indigenous Women’s Treaty Alliance (IWTA) with support from the Women’s Earth and Climate Action Network (WECAN) and Sierra Club. Please see quotes below from leaders of the IWTA, which is facilitated by the Women’s Earth and Climate Action Network:

Rene Ann Goodrich, Bad River Ojibwe, Native Lives Matter Coalition and Wisconsin Department of Justice MMIW Task Force Member: “Line 5 crosses over tribal treaty territory and one of those ceded territories is my own reservation of Bad River. The dangers that Line 5 brings to the water and environment is a huge and immediate concern. As a Bad River tribal member our way of life, historical homelands, cultural resources, subsistence, wild rice, medicines, fisheries, and water are in direct jeopardy of an imminent catastrophic oil spill. We call for the Line 5 shutdown and decommissioning, not simply re-routed, whereas it would still put the entire Great Lakes ecosystem at great risk and cause irreparable destruction. As sacred water carriers, we stand with the water and are calling for the Army Corps to conduct a proper EIS on Line 5 which will demonstrate that this pipeline is not ecologically feasible and should be immediately decommissioned, and for the Army Corps to reject permits for a re-route of Line 5.”

Aurora Conley, Bad River Ojibwe, Anishinaabe Environmental Protection Alliance: “As a Bad River Band of Lake Superior Ojibwe member, I join the calls from tribal leaders to immediately shutdown the existing Line 5 pipeline and conduct a proper EIS on the new Line 5 proposal. Our territories and water are in imminent danger, and we do not want to see irreversible damage to our land, water, and wild rice. We do not want our lifeways destroyed. The Ojibwe people are here in Bad River because of the manoomin, the wild rice. A rupture from this oil spill will irreversibly harm the Great Lakes and wild rice beds. That is unacceptable. That is something we will not stand for. I will continue this call to action until Line 5 is decommissioned and removed from our lands. We object to any reroute. Line 5 should not exist here.”

Gaagigeyaashiik - Dawn Goodwin, Gaawaabaabiganigaag, White Earth-Ojibwe, Co-founder of R.I.S.E. Coalition, Representative of Indigenous Environmental Network: “As a member of the Wolf Clan I have an inherent responsibility to protect the environment and the people. I have seen first hand what happens when the government fails to protect the water as they so unfortunately did with Line 3. Now Enbridge is looking to push through a new re-route for the Line 5 pipeline, and it must be stopped. The Army Corps has an opportunity here and now to protect the Great Lakes before irreparable damage occurs. It is time to honor and respect the treaties as the supreme law of the land, and to listen to Tribes and Indigenous leaders calling for a comprehensive EIS and for the Army Corps to reject permits for a re-route of Line 5.”

Nookomis Debra Topping, Nagajiiwanong, 1854 Treaty Fond du Lac, Co-founder of R.I.S.E. Coalition: “Nibi (water) is sacred. Manoomin is sacred. The wild rice is the reason why my people, the Anishinaabe, are located in the regions we currently reside in. I am inherently a caretaker of these lands and resources. I have said No to line 3 and now to line 5, and will forever say No to the rape of our Mother Earth. No means No. “No” is a full sentence. This work is exhausting and, yet, we don't give up on this. I have my community and grandchildren to answer to. Who do you answer to? Does your family mean enough to you to protect our mother earth and her resources? Or is dirty money, power and oil your priority?”

Alexus Koski, Bad River Ojibwe Youth Leader, Water Protector, Stop Line 5 Advocate:

“As a Bad River Youth Leader, I fear the continued and imminent threats to our sacred water. As a young person, unable to yet vote, it is sometimes difficult to remain hopeful about our future but it is far too important and far too dangerous to remain silent, to allow this pipeline to continue operating another day— my future is at stake, my culture is at stake, our climate is at stake. Please join us to stand in solidarity with Bad River and all other tribes calling for the immediate removal of this pipeline from our lands, to finally shut down line 5 once for all. We do not want a reroute. We want to protect the water. We owe that much to young people and to future generations. Shut down Line 5! Water is Life!”

Since 2022, the Women’s Earth and Climate Action Network (WECAN) has been honored to facilitate the Indigenous Women’s Treaty Alliance. In response to the petition delivery and rally, Osprey Orielle Lake, Executive Director of the Women’s Earth and Climate Action Network (WECAN) stated: “Not only are we in an escalating climate crisis, we are also facing a water crisis. We cannot risk poisoning the Great Lakes, which hold one-fifth of the world’s surface freshwater. To be climate leaders, it is necessary to listen to Indigenous leadership, protect biodiversity, and end the expansion of fossil fuels. Shutting down Line 5 means being a climate leader. The Army Corps must conduct the most thorough environmental review possible of the proposed reroute, and through this effort, we are calling for Line 5 permits to be rejected and the entire pipeline permanently shut down."

Elizabeth Ward, Sierra Club - Wisconsin Chapter Director: “We’re here today in support of Indigenous sovereignty and to elevate the demands of the Bad River Band and dozens of tribal nations with President Biden – end the trespass of the existing Line 5 pipeline on sovereign land and deny the permits for the proposed reroute upon completion of a full environmental impact statement”

Today, over 100 religious leaders and faith-based organizations globally called on leaders of the World Health Organization to secure equity commitments to protect all populations everywhere from future pandemics. The letter was delivered on the opening day of the intended final nine-day negotiating session in Geneva for the Pandemic Accord, a new international agreement of UN member states to bolster pandemic prevention, preparedness and response efforts.

“The sanctity of human life often seemed forgotten in the pandemic, with the lives of people in wealthy nations appearing to be valued over those in low- or middle-income countries,” states the letter. “As you enter the final stage of negotiations, we implore you to deliver an agreement that ensures every life is valued equally.”

Millions of people lost their lives during the Covid emergency due to late and inequitable access to tests, treatments and vaccines. The letter urges negotiators to reach an agreement that ensures that everyone, everywhere can benefit from scientific advancement and that the tools needed to fight the next pandemic are shared equally, including necessary knowledge and technology.

It also urges negotiators to ensure that intellectual property barriers are removed when necessary, and that people in the Global South are “treated not as mere samples for pandemic monitoring, but as equal partners in a collective endeavour towards a healthier world.” Over the course of the pandemic, despite the sharing of genetic information that enabled production of effective vaccines, these products were not accessible to many. The proposed pathogen access and benefit sharing (PABS) mechanism in the agreement aims to remedy this by ensuring that sharing of pathogen data also enables equitable access to resulting medical tools.

Letter signatory Archbishop Thabo Makgoba of the Anglican Church of Southern Africa said, “As the world prepares for future pandemics, it is essential that it plans to give equal protection to all people, everywhere, not only for moral reasons but to protect one another. Covid-19 showed us that none of us are safe until all of us are safe, and that only a comprehensive response that covers the world can bring pandemics under control.”

The letter was organized by Public Citizen, in collaboration with the ACT Alliance, NETWORK Lobby for Catholic Social Justice and the People’s Vaccine Alliance.

The final text of the Accord is slated for presentation to the World Health Assembly in May.