Leaders of the world's 370 million indigenous peoples and their supporters expressed sadness and anger Tuesday as a subsidiary body of the U.N. General Assembly rejected a draft declaration calling for the international recognition of native peoples' right to self-determination and control over their traditional lands. Click below to read the rest of the article:
Print news - IPS Inter Press Service
Discussion about the rights of the original peoples of the earth, which has continued for over a decade, was supposed to lead to the adoption of a universal Declaration that would mark a major step toward eliminating the widespread human rights violations suffered by over 370 million indigenous people worldwide. These are the bedrock nations of the world from whom all people of the earth have sprung.
The attitude toward Native peoples that underlies the U.N. decision is not only shameful; it displays a great deal of ignorance. Will it ever change? I read a large amount of material from scholarly authors, including those in physics and other areas of science. Whenever they want to emphasize wrong human behavior, they seem to always refer to "tribalism." They depict Native peoples as primitive, savage, ignorant, and spiritually destitute.
One of my passions in life is to raise awareness of this issue. My latest article in the January 2007 issue of World Futures Journal, titled "On the Cosmic Order of Modern Physics and the Conceptual World of the American Indian," published by Taylor & Francis, represents an effort to shift the public consciousness toward reality.
The best of Creator's blessings to you, dear Reader.
phillip h. duran
Thursday, December 28, 2006
Tuesday, June 27, 2006
Journey of Faith
JOURNEY OF FAITH for June 16 – 18, 2006---Copyright 2006 by Lee Thomson:
Dear Lee: I want to share how Native Americans still experience discrimination.
My Dad is Mexican-American, and my mother is full-blooded Lipan Apache. They raised me Indian, not Mexican.
I've been a pastor in McAllen, Texas, for 17 years. I pastor two Native churches, and my church sponsors "Son Tree Native Path," my traveling ministry. It's a lot of work, but fun.
America is a great place. The Constitution says we're all equal under God, but the Bureau of Indian Affairs discriminates, recognizing as Native Americans only one-fifth of the tribes. The rest don't receive status papers, rights, and benefits!
My tribe, the Lipan Apaches, has been issued a tribal ID number, but is still in the process of reaching federal recognition, so we don't qualify for federal help and rights. However, illegal aliens and Hispanics qualify for those benefits. I would, too----if I identified myself as Hispanic, not Native American. How unfair!
This discrimination affects how we use eagle feathers in our Native American dancing ceremonies and worship services. Long ago, we honored people by giving them golden eagle feathers. I received 36 feathers as a teenager, and several others later.
But now, eagle feathers can be legally owned only by members of federally-recognized tribes, who must apply for government-issued feathers, and carry permits when carrying feathers. The waiting list for feathers is five years! If we carry feathers without a permit, the government can arrest and fine us, or imprison us for several years.
The eagle is no longer an endangered species. These laws are another way for the government to show that we're conquered people. They make us beg them for the right to use the eagle feathers. A recent incident in my family proves this:
Thirty-five years ago, our family started an intertribal organization which sponsors Native American pow-wows every spring and fall. Most of my family are Christians who don't live on a reservation, so the powwows help us reach out to find urban Native Americans in the community.
At the powwow in March, 2006, my brother-in-law wore dancing regalia with 40 golden eagle feathers, which he'd borrowed from me. A Fish and Game Department agent came and said that the law said I had no right to lend the feathers to anybody. When he discovered I wasn't from a federally-recognized tribe, he took away the two feathers I was wearing, and the 40 I'd lent my brother-in-law.
In the end, they gave me a verbal warning, and fined my brother-in-law $500. Since then, we've hired a law firm that deals with Native American rights violations. Our lawyers think strongly that they can get my feathers back.
The law makes Native Americans into lawbreakers! We have the right to do our ceremonies, but the government says we don't.
Ironically, our lawyers weren't Christians, but now they're coming to visit our Native American church in San Antonio.
My family has been in this community for 90 years, dancing in schools and local parades for 34 years. People KNOW us. When this agent called us "criminals," the local people laughed: they know we're Christians.
I'm on the tribal council, and the spiritual leader of 700 members of three churches. People say, "You're the one who could handle this situation best," because I don't get too excited. Read my articles, "Surrendering the Feathers," at www.SonTree.org .
The federal agent said this was only the beginning of raids on Texas powwows, to take away every feather. So I ask all believers to PRAY, not just that I get my eagle feathers back, but for the Native Americans who have no rights. These laws should change.
Pastor Robert Soto-- -Texas
Dear Pastor Soto: Absolutely! Thank you for sharing your story here.
Dear Readers, let's support Pastor Soto in prayer, so he can successfully change these laws and help end discrimination against ALL Native Americans.
Write "Dear Lee" at PO Box 697, Cascade, ID 83611; or email dearlee@ctcweb.net
Dear Lee: I want to share how Native Americans still experience discrimination.
My Dad is Mexican-American, and my mother is full-blooded Lipan Apache. They raised me Indian, not Mexican.
I've been a pastor in McAllen, Texas, for 17 years. I pastor two Native churches, and my church sponsors "Son Tree Native Path," my traveling ministry. It's a lot of work, but fun.
America is a great place. The Constitution says we're all equal under God, but the Bureau of Indian Affairs discriminates, recognizing as Native Americans only one-fifth of the tribes. The rest don't receive status papers, rights, and benefits!
My tribe, the Lipan Apaches, has been issued a tribal ID number, but is still in the process of reaching federal recognition, so we don't qualify for federal help and rights. However, illegal aliens and Hispanics qualify for those benefits. I would, too----if I identified myself as Hispanic, not Native American. How unfair!
This discrimination affects how we use eagle feathers in our Native American dancing ceremonies and worship services. Long ago, we honored people by giving them golden eagle feathers. I received 36 feathers as a teenager, and several others later.
But now, eagle feathers can be legally owned only by members of federally-recognized tribes, who must apply for government-issued feathers, and carry permits when carrying feathers. The waiting list for feathers is five years! If we carry feathers without a permit, the government can arrest and fine us, or imprison us for several years.
The eagle is no longer an endangered species. These laws are another way for the government to show that we're conquered people. They make us beg them for the right to use the eagle feathers. A recent incident in my family proves this:
Thirty-five years ago, our family started an intertribal organization which sponsors Native American pow-wows every spring and fall. Most of my family are Christians who don't live on a reservation, so the powwows help us reach out to find urban Native Americans in the community.
At the powwow in March, 2006, my brother-in-law wore dancing regalia with 40 golden eagle feathers, which he'd borrowed from me. A Fish and Game Department agent came and said that the law said I had no right to lend the feathers to anybody. When he discovered I wasn't from a federally-recognized tribe, he took away the two feathers I was wearing, and the 40 I'd lent my brother-in-law.
In the end, they gave me a verbal warning, and fined my brother-in-law $500. Since then, we've hired a law firm that deals with Native American rights violations. Our lawyers think strongly that they can get my feathers back.
The law makes Native Americans into lawbreakers! We have the right to do our ceremonies, but the government says we don't.
Ironically, our lawyers weren't Christians, but now they're coming to visit our Native American church in San Antonio.
My family has been in this community for 90 years, dancing in schools and local parades for 34 years. People KNOW us. When this agent called us "criminals," the local people laughed: they know we're Christians.
I'm on the tribal council, and the spiritual leader of 700 members of three churches. People say, "You're the one who could handle this situation best," because I don't get too excited. Read my articles, "Surrendering the Feathers," at www.SonTree.org .
The federal agent said this was only the beginning of raids on Texas powwows, to take away every feather. So I ask all believers to PRAY, not just that I get my eagle feathers back, but for the Native Americans who have no rights. These laws should change.
Pastor Robert Soto-- -Texas
Dear Pastor Soto: Absolutely! Thank you for sharing your story here.
Dear Readers, let's support Pastor Soto in prayer, so he can successfully change these laws and help end discrimination against ALL Native Americans.
Write "Dear Lee" at PO Box 697, Cascade, ID 83611; or email dearlee@ctcweb.net
Wednesday, May 24, 2006
Barricades still up at Six Nations during talks
Barricades Still Up at Six Nations during Talks
Indian Country Today
May 5, 2006
ICT [2006/05/05]��Barricades still up at Six Nations during talks
Indian Country Today
May 5, 2006
ICT [2006/05/05]��Barricades still up at Six Nations during talks
Six Nations negotiates land claim as standoff draws the world's notice
Six Nations Negotiates Land Claim During Standoff
Indian Country Today
April 28, 2006
ICT [2006/04/28]��Six Nations negotiates land claim as standoff draws the world's notice
Indian Country Today
April 28, 2006
ICT [2006/04/28]��Six Nations negotiates land claim as standoff draws the world's notice
Wednesday, May 10, 2006
Divine Strake Postponed - May 28th Day of Action Still Scheduled
Western Shoshone Defense Project
Received May 10, 2006
FYI. Good news, we have a small victory – the Divine Strake test has been postponed – we want it cancelled. These are Western Shoshone lands and the Western Shoshone National Council says no further military testing – the United Nations Committee on the Elimination of Racial Discrimination agrees. The May 28th Day of Action at the Peace Camp across from the Nevada Test Site is still scheduled to call attention to this issue. Details to follow…
Subject: test site bomb delayed
LAS VEGAS -- A non-nuclear explosion expected to generate a mushroom cloud over the Nevada desert will be postponed at least three weeks, while a federal court reviews plans for the blast, test officials said Tuesday.
"The planned Divine Strake experiment will not be conducted earlier than June 23," said Cheri Abdelnour, spokeswoman for the Defense Threat Reduction Agency at Fort Belvoir, Va. The blast was originally scheduled for June 2.
...
In documents filed Monday with U.S. District Court in Las Vegas, federal Justice Department lawyers sought to push back from May 23 until early June a hearing on a lawsuit filed by the Winnemucca Indian Colony and several Nevada and Utah "downwinders" to block the blast. The judge did not issue an immediate ruling.
Nevada Division of Environmental Protection spokesman Dante Pistone also said Tuesday his agency was reviewing a revised environmental assessment that test planners filed Friday.
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/09/AR2006050901461.html
Received May 10, 2006
FYI. Good news, we have a small victory – the Divine Strake test has been postponed – we want it cancelled. These are Western Shoshone lands and the Western Shoshone National Council says no further military testing – the United Nations Committee on the Elimination of Racial Discrimination agrees. The May 28th Day of Action at the Peace Camp across from the Nevada Test Site is still scheduled to call attention to this issue. Details to follow…
Subject: test site bomb delayed
LAS VEGAS -- A non-nuclear explosion expected to generate a mushroom cloud over the Nevada desert will be postponed at least three weeks, while a federal court reviews plans for the blast, test officials said Tuesday.
"The planned Divine Strake experiment will not be conducted earlier than June 23," said Cheri Abdelnour, spokeswoman for the Defense Threat Reduction Agency at Fort Belvoir, Va. The blast was originally scheduled for June 2.
...
In documents filed Monday with U.S. District Court in Las Vegas, federal Justice Department lawyers sought to push back from May 23 until early June a hearing on a lawsuit filed by the Winnemucca Indian Colony and several Nevada and Utah "downwinders" to block the blast. The judge did not issue an immediate ruling.
Nevada Division of Environmental Protection spokesman Dante Pistone also said Tuesday his agency was reviewing a revised environmental assessment that test planners filed Friday.
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/09/AR2006050901461.html
Monday, May 01, 2006
Divine Strake: 700-ton detonation planned on Western Shoshone land
* International Indian Treaty Council * Western Shoshone Defense Project * Indigenous Environmental Network * Shundahai Network * Nevada Desert Experience * Citizen Alert * Western Shoshone National Council[1]
The “Stop Divine Strake Coalition” Calls for an International Day of Action
The U.S. Defense Threat Reduction Agency (DTRA) plans to detonate a 700-ton ammonium nitrate and fuel oil explosive on June 2, 2006 at the Nevada Test Site (NTS), a federal facility 65 miles north of Las Vegas. They are calling this test “Divine Strake.”
While this test is not nuclear in composition, its purpose, according to DTRA documents, is to “simulate a low-yield nuclear weapon.” Given that previous nuclear tests have occurred only a few miles away from where Divine Strake will occur, this test raises the specter of kicking up previous radioactive contamination and sending it downwind. We have been told too many half-truths and outright lies to believe in the “safety” of this test. Furthermore, no full environmental impact statement has been done to verify that there is no radioactive contamination at the particular site.
It must be stressed that the presence of the United States military on Western Shoshone land is uninvited. In fact, the Western Shoshone have been fighting for sovereignty over their ancestral and treaty-recognized lands, and to shut down the NTS for years. Most recently, their efforts brought them to the United Nations Committee on the Elimination of Racial Discrimination (CERD) which found the United States in violation of recognized fundamental human rights standards and international law, and ordered the United States to “freeze”, “desist” and “stop” their activities on Western Shoshone land. All this while the DTRA was preparing for the “Divine Strake” test
As tensions increase with Iran, speculation has increased in the media and elsewhere that this test, in conjunction with other military projects, is building up to an imminent attack on the peoples of Iran, possibly in the form of nuclear bombardment. This test is seemingly a “war game” to initiate a U.S. led invasion of Iran. Many media articles about Divine Strake and its possible role in the escalation of tension with Iran may be found on www.shundahai.org/divine_strake.htm and http://www.disarmamentactivist.org/
Because our goal is to stop the test, and to not expose anyone to undue health risks from the actual blast, our focus will be an International Day of Action on Sunday May 28, 2006 (Memorial Day Weekend) at the Nevada Test Site Peace Camp, located across Highway 95 from the Test Site. We are looking for allied organizations to join our coalition, and either join us at the Nevada Test Site on the 28th, or stage actions in their own communities throughout the following week.
Some of our anticipated activities will be:
¨ Delivering eviction/deportation notices to the U.S. Department of Defense and Department of Energy as illegal, non-respecting immigrants to indigenous lands.
¨ A rally with speakers from indigenous, immigrant, nuclear abolition, and peace and justice communities.
¨ Non-violent direct action training
¨ Peacekeeper training
¨ Workshops on the history of the test site and radiation compensation, indigenous sovereignty, and the escalation with Iran.
¨ Spiritual ceremonies to remember those who have suffered or died as a result of war and nuclear weapons testing.
¨ Brainstorming workshops on what common actions folks can do later in the week in their respective cities
¨ Vigil activities at U.S. Federal Buildings and Bechtel Corporation offices on June 1 and June 2, if the test has not been canceled.
Some of our anticipated needs are:
¨ Getting the word out to sympathetic communities
¨ Development of fliers and other outreach materials
¨ Optimizing media participation both before, during and after the event
¨ Providing shelter, food and water to participants
¨ Organizing workshops
¨ Providing “peacekeepers” to keep the event on message and free of violence.
Ongoing activities – Please keep the phone calls, letters coming!
The test detonation can be cancelled. We call for the United States Government to do so immediately. Concerned citizens can call or write to express their opinions to their Congressional Representatives and:
President George W. Bush comments@whitehouse.gov 202-456-1111
The White House1600 Pennsylvania Avenue NWWashington, DC 20500
Secretary of Defense Donald Rumsfeld http://www.dod.gov/faq/comment.html
Secretary Donald H. RumsfeldSecretary of Defense1000 Defense PentagonWashington, DC 20301-1000
James Tegnelia dtra.publicaffairs@dtra.mil (800) 701-5096
Defense Threat Reduction Aagency Attn: James Tegnelia 8725 John J Kingman RD Stop 6201 Fort Belvoir, VA 22060-6201
Please contact us if you would like to join our coalition. We will then proceed with detailed plans based on the coalition’s collective abilities.
https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=http%3A%2F%2Fwww.treatycouncil.org%2F https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Ajimbosimmons%40treatycouncil.org https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Aandrea%40treatycouncil.org
https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=http%3A%2F%2Fwww.wsdp.org%2F https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Awsdp%40igc.org
http://www.ienearth.org/ rshimek@ienearth.org ien@igc.org
https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=http%3A%2F%2Fwww.shundahai.org%2F https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Aeileen_mccabe_olsen%40yahoo.com https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Apete%40shundahai.org
http://www.nevadadesertexperience.org/ amy@nevadadesertexperience.org https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=http%3A%2F%2Fwww.citizenalert.org%2F https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Apmj1%40citizenalert.org, tonyg@citizenalert.org
[1] Preliminary approval, pending formal consensus approval at the next WSNC regular meeting.
The “Stop Divine Strake Coalition” Calls for an International Day of Action
The U.S. Defense Threat Reduction Agency (DTRA) plans to detonate a 700-ton ammonium nitrate and fuel oil explosive on June 2, 2006 at the Nevada Test Site (NTS), a federal facility 65 miles north of Las Vegas. They are calling this test “Divine Strake.”
While this test is not nuclear in composition, its purpose, according to DTRA documents, is to “simulate a low-yield nuclear weapon.” Given that previous nuclear tests have occurred only a few miles away from where Divine Strake will occur, this test raises the specter of kicking up previous radioactive contamination and sending it downwind. We have been told too many half-truths and outright lies to believe in the “safety” of this test. Furthermore, no full environmental impact statement has been done to verify that there is no radioactive contamination at the particular site.
It must be stressed that the presence of the United States military on Western Shoshone land is uninvited. In fact, the Western Shoshone have been fighting for sovereignty over their ancestral and treaty-recognized lands, and to shut down the NTS for years. Most recently, their efforts brought them to the United Nations Committee on the Elimination of Racial Discrimination (CERD) which found the United States in violation of recognized fundamental human rights standards and international law, and ordered the United States to “freeze”, “desist” and “stop” their activities on Western Shoshone land. All this while the DTRA was preparing for the “Divine Strake” test
As tensions increase with Iran, speculation has increased in the media and elsewhere that this test, in conjunction with other military projects, is building up to an imminent attack on the peoples of Iran, possibly in the form of nuclear bombardment. This test is seemingly a “war game” to initiate a U.S. led invasion of Iran. Many media articles about Divine Strake and its possible role in the escalation of tension with Iran may be found on www.shundahai.org/divine_strake.htm and http://www.disarmamentactivist.org/
Because our goal is to stop the test, and to not expose anyone to undue health risks from the actual blast, our focus will be an International Day of Action on Sunday May 28, 2006 (Memorial Day Weekend) at the Nevada Test Site Peace Camp, located across Highway 95 from the Test Site. We are looking for allied organizations to join our coalition, and either join us at the Nevada Test Site on the 28th, or stage actions in their own communities throughout the following week.
Some of our anticipated activities will be:
¨ Delivering eviction/deportation notices to the U.S. Department of Defense and Department of Energy as illegal, non-respecting immigrants to indigenous lands.
¨ A rally with speakers from indigenous, immigrant, nuclear abolition, and peace and justice communities.
¨ Non-violent direct action training
¨ Peacekeeper training
¨ Workshops on the history of the test site and radiation compensation, indigenous sovereignty, and the escalation with Iran.
¨ Spiritual ceremonies to remember those who have suffered or died as a result of war and nuclear weapons testing.
¨ Brainstorming workshops on what common actions folks can do later in the week in their respective cities
¨ Vigil activities at U.S. Federal Buildings and Bechtel Corporation offices on June 1 and June 2, if the test has not been canceled.
Some of our anticipated needs are:
¨ Getting the word out to sympathetic communities
¨ Development of fliers and other outreach materials
¨ Optimizing media participation both before, during and after the event
¨ Providing shelter, food and water to participants
¨ Organizing workshops
¨ Providing “peacekeepers” to keep the event on message and free of violence.
Ongoing activities – Please keep the phone calls, letters coming!
The test detonation can be cancelled. We call for the United States Government to do so immediately. Concerned citizens can call or write to express their opinions to their Congressional Representatives and:
President George W. Bush comments@whitehouse.gov 202-456-1111
The White House1600 Pennsylvania Avenue NWWashington, DC 20500
Secretary of Defense Donald Rumsfeld http://www.dod.gov/faq/comment.html
Secretary Donald H. RumsfeldSecretary of Defense1000 Defense PentagonWashington, DC 20301-1000
James Tegnelia dtra.publicaffairs@dtra.mil (800) 701-5096
Defense Threat Reduction Aagency Attn: James Tegnelia 8725 John J Kingman RD Stop 6201 Fort Belvoir, VA 22060-6201
Please contact us if you would like to join our coalition. We will then proceed with detailed plans based on the coalition’s collective abilities.
https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=http%3A%2F%2Fwww.treatycouncil.org%2F https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Ajimbosimmons%40treatycouncil.org https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Aandrea%40treatycouncil.org
https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=http%3A%2F%2Fwww.wsdp.org%2F https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Awsdp%40igc.org
http://www.ienearth.org/ rshimek@ienearth.org ien@igc.org
https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=http%3A%2F%2Fwww.shundahai.org%2F https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Aeileen_mccabe_olsen%40yahoo.com https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Apete%40shundahai.org
http://www.nevadadesertexperience.org/ amy@nevadadesertexperience.org https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=http%3A%2F%2Fwww.citizenalert.org%2F https://webmail.xmission.com/horde-3.0-cluster/services/go.php?url=mailto%3Apmj1%40citizenalert.org, tonyg@citizenalert.org
[1] Preliminary approval, pending formal consensus approval at the next WSNC regular meeting.
Monday, April 24, 2006
Robert Soto, Lipan Apache: Surrendering the feathers
Below is a letter from Robert Soto that I had forgotten to post. He describes the experience of giving up his feathers. In case anyone thinks that the colonizing days are over, think again.
March 25, 2006
Dear Friends:
I wish I could describe the day and the feelings that went through my heart and mind as we delivered my two roach feathers to the federal agent today. As you may already know, our area of the world is warm and sometimes very hot throughout the winter. We have not had rain or even a cold day almost all winter. But this morning when I woke up, not only was it colder than normal, but it was a super gloomy day with rain. As went to pick up two of our elders to help us out in our ceremony, I almost felt that God our Creator was weeping with His children.
Words can't really describe what was going through my heart as about 25 of us gathered outside the lawyer's office complex with our ceremonial regalia and prayed. I prayed that God would give us wisdom. I prayed that God would continue to guide us. As I prayed I reminded my people that Romans 8:28 was still in the Bible, that all things do work together for good for those who love God and are called according to his purpose. I reminded them that God was still on the throne and that He was still in control. I reminded them that we have to be patient for the greater good that will come out of this day and the event that was about to follow. As I finished praying, one of our honored elders, a decorated Korean war veteran, held the two feathers in his hands. The feathers were wrapped in our traditional ways, as if we were about to bury one of our own. The drummers started singing our traditional farewell song in our Apache language as we slowly started our way to the room where the federal agent was waiting for us. As we slowly proceeded through the hallway, workers came to support us and then stood bowing down as in prayer. As we entered the room, the federal agent was waiting for us.
He could not look us in the eye. We stood there and sang our song. When we finished our song, I lit some sage with the very same feathers that I was giving up and blessed the bustles and feathers that were being taken away. Then all the people came and smudged themselves. Then our drum sang a farewell song. It was a powerful song. There was not a dry eye in the room. Our people were crying as we had just lost a loved one. In many ways, we had.
After we finished our song I looked at the agent and told him we were finished. At that time he asked everyone except Mike and I to leave the room. We stayed behind and he talked to us. He wanted to assure us that this was not a racial thing or just picking on Indians. That he was just doing his job. He then turned to me and said, "Do you understand this?" I looked at him and said, "I wish not to say anything." We signed our charges and we left. The lawyer came to say goodbye and every one with tears in their eyes thanked him for all his help. One lady who was with us is from Switzerland. She is here to help Iris and me with our church work. She looked at the lawyer with tears in her eyes and said, "I have always read about the bad things we did to the Indian people. In Europe we think things have changed. But now I know that things have not changed at all."
As I was getting ready to leave I asked the lawyer about a videotape that was on the table with the agent. He said he would go and ask. Basically, the war is not over. He is going to war with the Indian people in Texas. I was told that the agency is planning to invade many other pow wows in Texas. His goal is to bust any Indian person who is not federally recognized in Texas. This does not sound like he is 'just doing his job'. He has an agenda and has chosen to attack a certain people group. In Texas there are over 280,000 Native Americans. Most of these do not have their status card. So this man has chosen to go to war against all of us. Our lawyer advised us to warn all the people who put on pow wows - to warn them about the wrath that is still to come against them from an agent who is taking this as his task to destroy who we are as Native Americans.
Tonight was a very sad night. I performed for an arts organization in McAllen. Tonight I danced without my feathers for the first time ever. Keep us in prayer. This story is not over. He might come after me again. I guess some of us must die before the world sees that very little has changed when it comes to Native American rights.
I will be traveling tomorrow to a pow wow where I will be the head man dancer, doing my hoop dance and will be conducting a Native worship service. Pray for us as we travel 490 miles to the pow wow. I do not feel like dancing, but at the same time I have obligations to keep. Pray for all who will come to our service on Sunday. Love you all and thank you for your prayers. I will send you the letter with the state officials we need to contact very soon. By the way, we will try and have some pictures of the surrendering of our feathers in our website by Saturday or Sunday.
Our website is http://sontree.org/.
Robert Soto, Lipan Apache Warrior for Jesus
ROBTSOTO@aol.com
March 25, 2006
Dear Friends:
I wish I could describe the day and the feelings that went through my heart and mind as we delivered my two roach feathers to the federal agent today. As you may already know, our area of the world is warm and sometimes very hot throughout the winter. We have not had rain or even a cold day almost all winter. But this morning when I woke up, not only was it colder than normal, but it was a super gloomy day with rain. As went to pick up two of our elders to help us out in our ceremony, I almost felt that God our Creator was weeping with His children.
Words can't really describe what was going through my heart as about 25 of us gathered outside the lawyer's office complex with our ceremonial regalia and prayed. I prayed that God would give us wisdom. I prayed that God would continue to guide us. As I prayed I reminded my people that Romans 8:28 was still in the Bible, that all things do work together for good for those who love God and are called according to his purpose. I reminded them that God was still on the throne and that He was still in control. I reminded them that we have to be patient for the greater good that will come out of this day and the event that was about to follow. As I finished praying, one of our honored elders, a decorated Korean war veteran, held the two feathers in his hands. The feathers were wrapped in our traditional ways, as if we were about to bury one of our own. The drummers started singing our traditional farewell song in our Apache language as we slowly started our way to the room where the federal agent was waiting for us. As we slowly proceeded through the hallway, workers came to support us and then stood bowing down as in prayer. As we entered the room, the federal agent was waiting for us.
He could not look us in the eye. We stood there and sang our song. When we finished our song, I lit some sage with the very same feathers that I was giving up and blessed the bustles and feathers that were being taken away. Then all the people came and smudged themselves. Then our drum sang a farewell song. It was a powerful song. There was not a dry eye in the room. Our people were crying as we had just lost a loved one. In many ways, we had.
After we finished our song I looked at the agent and told him we were finished. At that time he asked everyone except Mike and I to leave the room. We stayed behind and he talked to us. He wanted to assure us that this was not a racial thing or just picking on Indians. That he was just doing his job. He then turned to me and said, "Do you understand this?" I looked at him and said, "I wish not to say anything." We signed our charges and we left. The lawyer came to say goodbye and every one with tears in their eyes thanked him for all his help. One lady who was with us is from Switzerland. She is here to help Iris and me with our church work. She looked at the lawyer with tears in her eyes and said, "I have always read about the bad things we did to the Indian people. In Europe we think things have changed. But now I know that things have not changed at all."
As I was getting ready to leave I asked the lawyer about a videotape that was on the table with the agent. He said he would go and ask. Basically, the war is not over. He is going to war with the Indian people in Texas. I was told that the agency is planning to invade many other pow wows in Texas. His goal is to bust any Indian person who is not federally recognized in Texas. This does not sound like he is 'just doing his job'. He has an agenda and has chosen to attack a certain people group. In Texas there are over 280,000 Native Americans. Most of these do not have their status card. So this man has chosen to go to war against all of us. Our lawyer advised us to warn all the people who put on pow wows - to warn them about the wrath that is still to come against them from an agent who is taking this as his task to destroy who we are as Native Americans.
Tonight was a very sad night. I performed for an arts organization in McAllen. Tonight I danced without my feathers for the first time ever. Keep us in prayer. This story is not over. He might come after me again. I guess some of us must die before the world sees that very little has changed when it comes to Native American rights.
I will be traveling tomorrow to a pow wow where I will be the head man dancer, doing my hoop dance and will be conducting a Native worship service. Pray for us as we travel 490 miles to the pow wow. I do not feel like dancing, but at the same time I have obligations to keep. Pray for all who will come to our service on Sunday. Love you all and thank you for your prayers. I will send you the letter with the state officials we need to contact very soon. By the way, we will try and have some pictures of the surrendering of our feathers in our website by Saturday or Sunday.
Our website is http://sontree.org/.
Robert Soto, Lipan Apache Warrior for Jesus
ROBTSOTO@aol.com
Friday, April 07, 2006
Letter from Robert Soto, Lipan Apache
Received Friday, April 7, 2006
Dear Friends:
I came home yesterday and will depart tomorrow to Florida. This past weekend I had an obligation as a head man dancer at a pow wow, as well as taking a dance team to a university for a two-hour educational presentation. Now I am preparing to depart again to be a guest speaker and performer at a Native conference sponsored by the Methodist Church in Leesburg Florida. I must apologize for not being able to answer all of your e-mails that I have received - from not just in the United States, but all over the world. Each of your letters has been a source of comfort and encouragement.
Even though I was at a pow wow this weekend, I spent the whole weekend praying and seeking our God and Creator's direction and wisdom as to what to do next concerning my surrendered eagle feathers. At this time I am writing a newspaper article that I hope will make the three major newspapers in our area, and maybe others throughout Texas and the United States. Then I will be seeking legal counsel from a lawyer that is familiar with violations of our first amendment rights and violations in our religious practices and freedom when the federal agent rudely came into our pow wow are and started harassing both vendors and dancers.
But the next step is writing to our four government officials and informing them of the violation of one federal officer when he chose to interrupt our pow wow. I will give you some of the things I feel were clear violations of our rights a Native Americans so as to help you write your thoughts. I would like to hear that over a thousand letters came to each official to make them aware of what happened.
1. The illegal taking of our feathers which are sacred to all Indian people - both with BIA cards and without.
2. Threatening to arrest us if we did not cooperate and having to ask him four times to show me his credentials as he ordered me to give up my roach feathers.
3. A violation of our sacred rights when he forced his way into our pow wow area, after he was advised hat the pow wow was a sacred gathering and he had no right to enter into it.
4. His insistence that the pow wow was not a sacred gathering because we had advertised our event to the public in the newspapers. Thus when we invited the public, according to him, it ceased being a sacred event and gave him the right to come into our pow wow and doing what ever he desired.
5. The threat that he would not stop until every Indian in our area, the Rio Grande Valley and Texas, who was not of federally recognized status, would have their feathers taken away.
6. The threat that he or the US Fish and Wildlife Department would invade every pow wow in Texas to make sure any Indian who did not deserve the use of eagle feathers were taken away.
7. His insistence that this was not a racial issue or that he was not picking on any particular group of people or Indians, yet threatening to harass any non-status Indian or Indian without a permit from the US Fish and WildLife Service for that feather. Thus creating war on every non-status Indian in Texas; over 270,000 of whom call Texas their homes.
These are some suggestions. If you desire, you may check out my website where I have put all the letters I have written so far, including pictures of the surrendering of our feathers ceremony.
http://sontree.org/fs/ceremony.htm
Send four letters via the US Postal service to our federal representatives. E-mails normally are not read. Here are the four representives to write:
Senator John Cornyn517 Hart Senate Office Bldg.Washington, DC 20510
Senator Kay Bailey Hutchison284 Russell Senate Office Bldg.Washington, DC 20510
Rep. Ruben Hinojosa2864 W. Trenton Rd.Edinburg, TX 78539Rep. Lloyd Doggett311 N. 15th St.McAllen, TX 78501
I thank you for your help in this issue. I truly feel that we need to take a stand and fight the system now, not for my sake but for the sake of all who will follow in our circle for years to come. God bless and thank you for your help.
Robert Soto Lipan Apache Warrior for Jesus
P.S. The following is a copy of a letter from Daniel Romero, chairman of the Lipan Apache Band of Texas, Inc., which you may find helpful as you formulate your thoughts for your letter to our representatives.
Dear Tribal Members and Native American Community,
On March 11, 2006, during the McAllen Pow Wow, Robert Soto's (Lipan Apache) Eagle feathers were removed by a U.S. Fish and Wildlife Service Agent who stopped the Pow Wow and harassed vendors while searching for eagle feathers. General Council Member of the Lipan Apache Band of Texas, Inc. told the agent that he was violating the Freedom of Religion Act by harassing dancers and vendors during the giveaway - a sacred ceremony. Not much can be done about the Eagle feathers, but the attitude of the agent must not be allowed to set the standard among Texas Native Americans. General Council Secretary of the Lipan Apache Band of Texas, Inc. told the agent to leave the Pow Wow, the agent responded by stating that because the event was announced in the newspaper he did not have to leave.
Question: What would happen if a Native American man or woman entered a church during a mass and ordered everyone to empty their pockets to see if they had us dollars in their pockets. The Native American person would be charged with violating a church mass, so why is it right for an agent to conduct himself this way?
Please remember that Robert Soto is the Vice Chairman of the Lipan Apache Band of Texas, Inc.
So what can we do to help Robert Soto?
Write or Fax the US Senator and US Congressman listed below
Please forward this information to any individual or to interested party. All responses are appreciated.
Peace,
Daniel Castro Romero, Jr.
General Council Chairman
Lipan Apache Band of Texas, Inc.
Dear Friends:
I came home yesterday and will depart tomorrow to Florida. This past weekend I had an obligation as a head man dancer at a pow wow, as well as taking a dance team to a university for a two-hour educational presentation. Now I am preparing to depart again to be a guest speaker and performer at a Native conference sponsored by the Methodist Church in Leesburg Florida. I must apologize for not being able to answer all of your e-mails that I have received - from not just in the United States, but all over the world. Each of your letters has been a source of comfort and encouragement.
Even though I was at a pow wow this weekend, I spent the whole weekend praying and seeking our God and Creator's direction and wisdom as to what to do next concerning my surrendered eagle feathers. At this time I am writing a newspaper article that I hope will make the three major newspapers in our area, and maybe others throughout Texas and the United States. Then I will be seeking legal counsel from a lawyer that is familiar with violations of our first amendment rights and violations in our religious practices and freedom when the federal agent rudely came into our pow wow are and started harassing both vendors and dancers.
But the next step is writing to our four government officials and informing them of the violation of one federal officer when he chose to interrupt our pow wow. I will give you some of the things I feel were clear violations of our rights a Native Americans so as to help you write your thoughts. I would like to hear that over a thousand letters came to each official to make them aware of what happened.
1. The illegal taking of our feathers which are sacred to all Indian people - both with BIA cards and without.
2. Threatening to arrest us if we did not cooperate and having to ask him four times to show me his credentials as he ordered me to give up my roach feathers.
3. A violation of our sacred rights when he forced his way into our pow wow area, after he was advised hat the pow wow was a sacred gathering and he had no right to enter into it.
4. His insistence that the pow wow was not a sacred gathering because we had advertised our event to the public in the newspapers. Thus when we invited the public, according to him, it ceased being a sacred event and gave him the right to come into our pow wow and doing what ever he desired.
5. The threat that he would not stop until every Indian in our area, the Rio Grande Valley and Texas, who was not of federally recognized status, would have their feathers taken away.
6. The threat that he or the US Fish and Wildlife Department would invade every pow wow in Texas to make sure any Indian who did not deserve the use of eagle feathers were taken away.
7. His insistence that this was not a racial issue or that he was not picking on any particular group of people or Indians, yet threatening to harass any non-status Indian or Indian without a permit from the US Fish and WildLife Service for that feather. Thus creating war on every non-status Indian in Texas; over 270,000 of whom call Texas their homes.
These are some suggestions. If you desire, you may check out my website where I have put all the letters I have written so far, including pictures of the surrendering of our feathers ceremony.
http://sontree.org/fs/ceremony.htm
Send four letters via the US Postal service to our federal representatives. E-mails normally are not read. Here are the four representives to write:
Senator John Cornyn517 Hart Senate Office Bldg.Washington, DC 20510
Senator Kay Bailey Hutchison284 Russell Senate Office Bldg.Washington, DC 20510
Rep. Ruben Hinojosa2864 W. Trenton Rd.Edinburg, TX 78539Rep. Lloyd Doggett311 N. 15th St.McAllen, TX 78501
I thank you for your help in this issue. I truly feel that we need to take a stand and fight the system now, not for my sake but for the sake of all who will follow in our circle for years to come. God bless and thank you for your help.
Robert Soto Lipan Apache Warrior for Jesus
P.S. The following is a copy of a letter from Daniel Romero, chairman of the Lipan Apache Band of Texas, Inc., which you may find helpful as you formulate your thoughts for your letter to our representatives.
Dear Tribal Members and Native American Community,
On March 11, 2006, during the McAllen Pow Wow, Robert Soto's (Lipan Apache) Eagle feathers were removed by a U.S. Fish and Wildlife Service Agent who stopped the Pow Wow and harassed vendors while searching for eagle feathers. General Council Member of the Lipan Apache Band of Texas, Inc. told the agent that he was violating the Freedom of Religion Act by harassing dancers and vendors during the giveaway - a sacred ceremony. Not much can be done about the Eagle feathers, but the attitude of the agent must not be allowed to set the standard among Texas Native Americans. General Council Secretary of the Lipan Apache Band of Texas, Inc. told the agent to leave the Pow Wow, the agent responded by stating that because the event was announced in the newspaper he did not have to leave.
Question: What would happen if a Native American man or woman entered a church during a mass and ordered everyone to empty their pockets to see if they had us dollars in their pockets. The Native American person would be charged with violating a church mass, so why is it right for an agent to conduct himself this way?
Please remember that Robert Soto is the Vice Chairman of the Lipan Apache Band of Texas, Inc.
So what can we do to help Robert Soto?
Write or Fax the US Senator and US Congressman listed below
Please forward this information to any individual or to interested party. All responses are appreciated.
Peace,
Daniel Castro Romero, Jr.
General Council Chairman
Lipan Apache Band of Texas, Inc.
U.S. Defies United Nations Decision
Western Shoshone Defense Project
Shundahai Network
Joint Press Release - April 4, 2006
FOR IMMEDIATE RELEASE :
U.S. Defies U.N. Decision– Plans Massive Military Detonation on Western Shoshone Land
Western Shoshone call for halt to planned June 2 “Bunker Buster” detonation at the Nevada Test Site
Speaking with media last week, US military spokesman James Tegnelia confirmed U.S. plans to detonate a 700 ton explosion at the Nevada Test Site on June 2, 2006 in a test called “Divine Strake.” The location of this test would be on Western Shoshone land, and would be in direct violation of a recent decision by the United Nations Committee on the Elimination of Racial Discrimination (CERD). In its decision, made public March 10, 2006, the CERD Committee urged the United States to “freeze”, “desist” and “stop” actions being taken, or threatened to be taken, against the Western Shoshone Peoples of the Western Shoshone Nation. In its decision, CERD stressed the “nature and urgency” of the Shoshone situation informing the U.S. that it goes “well beyond” the normal reporting process and warrants immediate attention under the Committee’s Early Warning and Urgent Action Procedure.
The CERD decision explicitly cited ongoing weapons testing at the Nevada Test Site as well as efforts to build an unprecedented high-level nuclear waste repository at Yucca Mountain, NV.
James Tegnelia of the Defense Threat Reduction Agency was quoted by Agence France Presse as saying, "I don't want to sound glib here but it is the first time in Nevada that you'll see a mushroom cloud over Las Vegas since we stopped testing nuclear weapons," and notes further that this is the “largest single explosive that we could imagine.” The Department of Defense announced in late October 2005 that the Robust Nuclear Earth Penetrating (RNEP) weapon project was being dropped in favor of a more conventional methodology.
The detonation plan also runs contrary to earlier public statements made in late March to the Las Vegas Review-Journal by Linton F. Brooks, administrator of the National Nuclear Security Administration. In his statement, Mr. Brooks announced that the Bush administration had no plans to start detonating warheads at the Nevada Test Site. "We have absolutely no evidence that we're going to need to test. ... We don't see any specific reason now that leads us to believe we'll need a test," Mr. Brooks said. "On the other hand," he said, "we don't know everything about the future."
According to Raymond Yowell, Chief of the Western Shoshone National Council, “We’re opposed to any further military testing on Shoshone lands. This is a direct violation of the CERD finding and an affront to our religious belief - Mother Earth is sacred and should not be harmed. All people who are opposed to these actions by the U.S. should step forward and make their opposition known.”
Carrie Dann, Western Shoshone grandmother and Executive Director of the Western Shoshone Defense Project, “The U.S. has named this 700 ton explosive ‘Divine Strake’. It’s a mystery why they use ‘devine.’ Isn’t ‘devine’ used for your deity, God, Your sacredness? Why don’t they call it ‘Hell Strake?’ I believe when you are working testing weaponry of destruction of life, you should not associate it with ‘devine.’ We want this insanity to stop – no more bombs and no more testing.”
Eileen McCabe-Olsen, Associate Director of Shundahai Network noted, “This test, besides being an egregious violation of Western Shoshone sovereignty, is an escalation that should outrage anyone concerned with peace, justice and care of our environment.”
Pete Litster, Executive Director of Shundahai Network said “Ongoing weapons tests at the Nevada Test Site violate international law. They violate the standing treaty between the U.S. Government and the Western Shoshone people. They also violate the spirit of non-proliferation of weapons of mass destruction. The Test Site is located on Western Shoshone territory, and must not continue to be misused in bold violation of standing agreements between the U.S. government and the Western Shoshone nation.”
Although approval for the test was sought and obtained from the state of Nevada in January 2006, the test detonation can be cancelled. The Western Shoshone National Council, the Western Shoshone Defense Project, and Shundahai Network call for the United States Government to do so immediately. Concerned citizens can call or write to express their opinions:
President George W. Bush comments@whitehouse.gov 202-456-1111
The White House1600 Pennsylvania Avenue NWWashington, DC 20500
Secretary of Defense Donald Rumsfeld http://www.dod.gov/faq/comment.html
Secretary Donald H. RumsfeldSecretary of Defense1000 Defense PentagonWashington, DC 20301-1000
James Tegnelia dtra.publicaffairs@dtra.mil (800) 701-5096
Defense Threat Reduction Aagency Attn: James Tegnelia 8725 John J Kingman RD Stop 6201 Fort Belvoir, VA 22060-6201
CONTACTS:
Julie Fishel, Western Shoshone Defense Project 775-468-0230 wsdp@igc.org
Pete Litster, Shundahai Network 801-637-1500 pete@shundahai.org
The Western Shoshone Defense Project's (www.wsdp.org) mission is to affirm Newe (Western Shoshone) jurisdiction over Newe Sogobia (Western Shoshone homelands) by protecting, preserving, and restoring Newe rights and lands for present and future generations based on cultural and spiritual traditions. The W.S.D.P. was established in 1991 by the Western Shoshone National Council to provide support to Mary and Carrie Dann, Western Shoshone grandmothers who were facing the confiscation of the livestock that they graze on Western Shoshone lands.
Shundahai Network (www.shundahai.org) is dedicated to breaking the nuclear chain by building alliances with indigenous communities and environmental, peace and human rights movements. We seek to abolish all nuclear weapons and an end to nuclear testing. We advocate phasing out nuclear energy and ending the transportation and dumping of nuclear waste. We promote the principles of Environmental Justice and strive to insure that indigenous voices are heard in the movement to influence U.S. nuclear and environmental policies. All of our campaigns and events incorporate the values of community building, education, spiritual ceremonies and nonviolent direct action.
Western Shoshone Defense Project
P.O. Box 211308
Crescent Valley, NV 89821
775-468-0230
775-468-0237 (fax)
www.wsdp.org
wsdp@igc.org
Shundahai Network
Joint Press Release - April 4, 2006
FOR IMMEDIATE RELEASE :
U.S. Defies U.N. Decision– Plans Massive Military Detonation on Western Shoshone Land
Western Shoshone call for halt to planned June 2 “Bunker Buster” detonation at the Nevada Test Site
Speaking with media last week, US military spokesman James Tegnelia confirmed U.S. plans to detonate a 700 ton explosion at the Nevada Test Site on June 2, 2006 in a test called “Divine Strake.” The location of this test would be on Western Shoshone land, and would be in direct violation of a recent decision by the United Nations Committee on the Elimination of Racial Discrimination (CERD). In its decision, made public March 10, 2006, the CERD Committee urged the United States to “freeze”, “desist” and “stop” actions being taken, or threatened to be taken, against the Western Shoshone Peoples of the Western Shoshone Nation. In its decision, CERD stressed the “nature and urgency” of the Shoshone situation informing the U.S. that it goes “well beyond” the normal reporting process and warrants immediate attention under the Committee’s Early Warning and Urgent Action Procedure.
The CERD decision explicitly cited ongoing weapons testing at the Nevada Test Site as well as efforts to build an unprecedented high-level nuclear waste repository at Yucca Mountain, NV.
James Tegnelia of the Defense Threat Reduction Agency was quoted by Agence France Presse as saying, "I don't want to sound glib here but it is the first time in Nevada that you'll see a mushroom cloud over Las Vegas since we stopped testing nuclear weapons," and notes further that this is the “largest single explosive that we could imagine.” The Department of Defense announced in late October 2005 that the Robust Nuclear Earth Penetrating (RNEP) weapon project was being dropped in favor of a more conventional methodology.
The detonation plan also runs contrary to earlier public statements made in late March to the Las Vegas Review-Journal by Linton F. Brooks, administrator of the National Nuclear Security Administration. In his statement, Mr. Brooks announced that the Bush administration had no plans to start detonating warheads at the Nevada Test Site. "We have absolutely no evidence that we're going to need to test. ... We don't see any specific reason now that leads us to believe we'll need a test," Mr. Brooks said. "On the other hand," he said, "we don't know everything about the future."
According to Raymond Yowell, Chief of the Western Shoshone National Council, “We’re opposed to any further military testing on Shoshone lands. This is a direct violation of the CERD finding and an affront to our religious belief - Mother Earth is sacred and should not be harmed. All people who are opposed to these actions by the U.S. should step forward and make their opposition known.”
Carrie Dann, Western Shoshone grandmother and Executive Director of the Western Shoshone Defense Project, “The U.S. has named this 700 ton explosive ‘Divine Strake’. It’s a mystery why they use ‘devine.’ Isn’t ‘devine’ used for your deity, God, Your sacredness? Why don’t they call it ‘Hell Strake?’ I believe when you are working testing weaponry of destruction of life, you should not associate it with ‘devine.’ We want this insanity to stop – no more bombs and no more testing.”
Eileen McCabe-Olsen, Associate Director of Shundahai Network noted, “This test, besides being an egregious violation of Western Shoshone sovereignty, is an escalation that should outrage anyone concerned with peace, justice and care of our environment.”
Pete Litster, Executive Director of Shundahai Network said “Ongoing weapons tests at the Nevada Test Site violate international law. They violate the standing treaty between the U.S. Government and the Western Shoshone people. They also violate the spirit of non-proliferation of weapons of mass destruction. The Test Site is located on Western Shoshone territory, and must not continue to be misused in bold violation of standing agreements between the U.S. government and the Western Shoshone nation.”
Although approval for the test was sought and obtained from the state of Nevada in January 2006, the test detonation can be cancelled. The Western Shoshone National Council, the Western Shoshone Defense Project, and Shundahai Network call for the United States Government to do so immediately. Concerned citizens can call or write to express their opinions:
President George W. Bush comments@whitehouse.gov 202-456-1111
The White House1600 Pennsylvania Avenue NWWashington, DC 20500
Secretary of Defense Donald Rumsfeld http://www.dod.gov/faq/comment.html
Secretary Donald H. RumsfeldSecretary of Defense1000 Defense PentagonWashington, DC 20301-1000
James Tegnelia dtra.publicaffairs@dtra.mil (800) 701-5096
Defense Threat Reduction Aagency Attn: James Tegnelia 8725 John J Kingman RD Stop 6201 Fort Belvoir, VA 22060-6201
CONTACTS:
Julie Fishel, Western Shoshone Defense Project 775-468-0230 wsdp@igc.org
Pete Litster, Shundahai Network 801-637-1500 pete@shundahai.org
The Western Shoshone Defense Project's (www.wsdp.org) mission is to affirm Newe (Western Shoshone) jurisdiction over Newe Sogobia (Western Shoshone homelands) by protecting, preserving, and restoring Newe rights and lands for present and future generations based on cultural and spiritual traditions. The W.S.D.P. was established in 1991 by the Western Shoshone National Council to provide support to Mary and Carrie Dann, Western Shoshone grandmothers who were facing the confiscation of the livestock that they graze on Western Shoshone lands.
Shundahai Network (www.shundahai.org) is dedicated to breaking the nuclear chain by building alliances with indigenous communities and environmental, peace and human rights movements. We seek to abolish all nuclear weapons and an end to nuclear testing. We advocate phasing out nuclear energy and ending the transportation and dumping of nuclear waste. We promote the principles of Environmental Justice and strive to insure that indigenous voices are heard in the movement to influence U.S. nuclear and environmental policies. All of our campaigns and events incorporate the values of community building, education, spiritual ceremonies and nonviolent direct action.
Western Shoshone Defense Project
P.O. Box 211308
Crescent Valley, NV 89821
775-468-0230
775-468-0237 (fax)
www.wsdp.org
wsdp@igc.org
Thursday, March 23, 2006
The Taking of Lipan Apache Feathers by a federal agent
From Robert Soto, Lipan Apache
Dear Friends:
I want to thank you for all the prayers and all the support you have sent, and for all your e-mails; they have brought such encouragement to our hearts. I also want to thank you for all your advice and research results you have sent us.
Today we, my brother-in-law and I, met with our lawyer and he explained in detail to us all that he had found. In reality, it sounded more technical than my mind could handle. I have learned a lot during my journey down this path that God the Creator has allowed me to go through. So I will tell you what we have to do, and what I have learned through this experience.
WHAT DO WE HAVE TO DO?
Our lawyer tried everything to help us keep our feathers but at the end, he could find no route to accomplish that. He carefully studied all the court cases that I sent to him that were sent to me by a lot of you, and also found several himself. While the cases I was sent seemed to work to our favor, he also found many others that did not. His concern, which is a valid concern, was that if we fought the federal government in this issue it would backfire on us with a big possibility of losing, resulting in an even greater battle for my freedom in the future, which he stated would affect a lot of areas of my life. So we decided to accept the federal agent's proposal. This does not mean they have won the war, just one little battle. We will continue to fight, but I will explain that later. Unless the federal agent changes his mind, we are looking at the following penalties: first of all, I will receive a verbal warning and not be charged any fines, but will have to give him my two roach feathers. For my brother-in-law, he will receive a reduced fine of $500 and all the feathers I loaned him will be taken away. The original fine was $5,000. So after much prayer, by both of us and our lawyer, we decided that this could not be fought in the court system and that the whole situation was a no-win effort in our area. By the way, the two roach feathers that I have to turn in will not be turned in to the federal agent in his office. I told the lawyer that I would turn in my feathers in a neutral place like the lawyer's office, and that as we turned in our feathers, we would have a mourning ceremony and sing a mourning song for our great loss. I will be taking four elders to our ceremony to witness the surrendering of our feathers to the United States Government.
WHAT HAVE I LEARNED?
What have I learned from this situation? First of all, I have learned that if you are not a federal-recognized Indian, according to federal law, you are not an Indian. Because the United States government defines a Native American as a person belonging to a federally recognized tribe. Secondly, if you do not belong to a federally recognized tribe, you do not have the same religious and ceremonial rights as those who are federally recognized. Thirdly, since we do not have the same rights as those who are federally recognized, we cannot even call ourselves Native Americans according to federal law. Fourthly, this means that anything we produce that is Native in character cannot be called Native American art or crafts. Fifthly, I have learned that the only legal feather is a feather issued to you by the depository set aside by the federal government. That means that even if you are carrying a BIA card, you are not entitled to carry those feathers unless you have a permit from the federal government. That also means that if you are gifted a feather and you do not belong to a federally recognized tribe, that gift is against the law. Sixthly, if you are gifted a feather, when you receive that feather you have to report to the feather depository with all the information they ask for - like who gave you the feather, his permit number, etc, and register it with the federal government and wait for a special permit that states that this feather has been given to you by someone who legally received the feather through the United States government. This means that if any of your Indian friends who have the proper credentials give you a feather and you do not have a BIA card or your tribe is not federally recognized, that feather is illegal and cannot be used under federal law. I could bore you with more logistics, but these are the ones I remember. So what I have learned through all this is that if you are not a card-carrying Indian with a number issued to you by your tribe which has been federally recognized, you are not an Indian according to federal law. These are laws; many of them given to the United States government by federally recognized tribes to protect the rights of those who are federally recognized. And sad to say, the law is the law. So, who am I? is my question. This is where you have to make a decision in your heart. As I told my lawyer, "I am a Lipan Apache Indian. I was brought up a Lipan Apache Indian. We have been practicing our culture ever since I can remember. We have a history, and ancestors who made us who we are. Because of all this, I have convictions in my heart for the right to use what I feel are my God-given rights as a Lipan Apache. The law might tell me otherwise, but that does not change who I am and who God has created me." Our lawyer told me that if things are going to change, it will not be in the court system but through our governmental officials. He said that we have to unite ourselves and let our politicians know what is happening, and that laws need to be changed. Now our lawyer did tell me one thing of great interest to all who are not federally recognized. That within the next year or two, a case is getting ready to go to the Supreme Court over this issue, feathers and the those who are not federally recognized. He said there is a big possibility that the laws will change because eagles are no longer an endangered species. So keep an eye open for that, and see what we can do to help them decide for all of us who do not carry a BIA card.
WHAT DO I PLAN TO DO?
I do not know about you and your tribe, but we did not survive all these years in the deserts by hiding and running away. As soon as this is over, I need your help to inform the following representatives about what has happened. Not so much about the feathers, but of what I feel are still violations of our religious rights as Native Americans and how our circle was violated when the officer came in with no regard to who we are as Indian people. I have a letter ready to go from our tribal chairman which I will e-mail to all who have written to me the last week and a half. If you really care and want to do something to correct what has happened, I encourage you to invest $1.56 in four stamps and write to the four political representatives whose names I will provide as soon as this is over. Many of you have said to me, "What else can I do besides pray?" Well, here will be your opportunity to do something. Can you imagine what would happen if four or five thousand letters poured into the offices of our political officials? At least the voice of our Indian people will be heard. I am praying that more than four or five thousand letters come in. I am praying that with your help, you can get the word around and thousands more will come in. This will at least give them a little idea of the gravity of the issue and that this is not just Robert Soto in South Texas speaking, but the whole world.
WHAT CAN YOU PRAY FOR?
All this time we have been asking you to pray for Mike and me. By the way, Mike is my brother-in-law. But there are some spiritual issues I need you to pray for. This issue has affected our children. Many of our children are afraid of the federal government now and see them as the bad people because they will not allow us to be who we are, Indians. As Dillon, one of my nephews said to his mother, "Why should we dance if we cannot wear our feathers?" I know the feathers do not make the Indian, but at the same time, they are a symbol of who we are and who God the Creator made us. In 1847, the state of Texas passed a law outlawing not just the Lipan Apaches, but all Indian tribes from within its borders. It was at this time that we went underground with our ceremonies and language and dances. If our ancestors were captured as Indians they were either sent to the Mescalero Reservation in New Mexico, or imprisoned, or killed and scalped because the scalp of a Lipan Apache brought 100 pesos for a man's scalp, 75 pesos for a woman's scalp and 50 pesos for our child's scalp by the Mexican government. This is our history; maybe you are wondering, "Why are you telling us this and what does this have to do with eagle feathers?" I tell you this because we will never be able to have a family traditional gathering again without the worry of a federal official deciding to make a name for himself and deciding to come and take our feathers or the feathers of anyone attending our celebration. So once again, we will have to take our ceremonies and pow wows underground and not invite the public or advertise for others to come. Pray for us, the Lipan Apaches. This will take a long time to recover. I will write more after the turning over of our feathers. It will be a very emotional event. Keep us in prayer.
Robert Soto - Lipan Apache Warrior for Jesus
MORE ABOUT ROBERT SOTO: www.mcallen.lib.tx.us/library/tsrp05.htm
Dear Friends:
I want to thank you for all the prayers and all the support you have sent, and for all your e-mails; they have brought such encouragement to our hearts. I also want to thank you for all your advice and research results you have sent us.
Today we, my brother-in-law and I, met with our lawyer and he explained in detail to us all that he had found. In reality, it sounded more technical than my mind could handle. I have learned a lot during my journey down this path that God the Creator has allowed me to go through. So I will tell you what we have to do, and what I have learned through this experience.
WHAT DO WE HAVE TO DO?
Our lawyer tried everything to help us keep our feathers but at the end, he could find no route to accomplish that. He carefully studied all the court cases that I sent to him that were sent to me by a lot of you, and also found several himself. While the cases I was sent seemed to work to our favor, he also found many others that did not. His concern, which is a valid concern, was that if we fought the federal government in this issue it would backfire on us with a big possibility of losing, resulting in an even greater battle for my freedom in the future, which he stated would affect a lot of areas of my life. So we decided to accept the federal agent's proposal. This does not mean they have won the war, just one little battle. We will continue to fight, but I will explain that later. Unless the federal agent changes his mind, we are looking at the following penalties: first of all, I will receive a verbal warning and not be charged any fines, but will have to give him my two roach feathers. For my brother-in-law, he will receive a reduced fine of $500 and all the feathers I loaned him will be taken away. The original fine was $5,000. So after much prayer, by both of us and our lawyer, we decided that this could not be fought in the court system and that the whole situation was a no-win effort in our area. By the way, the two roach feathers that I have to turn in will not be turned in to the federal agent in his office. I told the lawyer that I would turn in my feathers in a neutral place like the lawyer's office, and that as we turned in our feathers, we would have a mourning ceremony and sing a mourning song for our great loss. I will be taking four elders to our ceremony to witness the surrendering of our feathers to the United States Government.
WHAT HAVE I LEARNED?
What have I learned from this situation? First of all, I have learned that if you are not a federal-recognized Indian, according to federal law, you are not an Indian. Because the United States government defines a Native American as a person belonging to a federally recognized tribe. Secondly, if you do not belong to a federally recognized tribe, you do not have the same religious and ceremonial rights as those who are federally recognized. Thirdly, since we do not have the same rights as those who are federally recognized, we cannot even call ourselves Native Americans according to federal law. Fourthly, this means that anything we produce that is Native in character cannot be called Native American art or crafts. Fifthly, I have learned that the only legal feather is a feather issued to you by the depository set aside by the federal government. That means that even if you are carrying a BIA card, you are not entitled to carry those feathers unless you have a permit from the federal government. That also means that if you are gifted a feather and you do not belong to a federally recognized tribe, that gift is against the law. Sixthly, if you are gifted a feather, when you receive that feather you have to report to the feather depository with all the information they ask for - like who gave you the feather, his permit number, etc, and register it with the federal government and wait for a special permit that states that this feather has been given to you by someone who legally received the feather through the United States government. This means that if any of your Indian friends who have the proper credentials give you a feather and you do not have a BIA card or your tribe is not federally recognized, that feather is illegal and cannot be used under federal law. I could bore you with more logistics, but these are the ones I remember. So what I have learned through all this is that if you are not a card-carrying Indian with a number issued to you by your tribe which has been federally recognized, you are not an Indian according to federal law. These are laws; many of them given to the United States government by federally recognized tribes to protect the rights of those who are federally recognized. And sad to say, the law is the law. So, who am I? is my question. This is where you have to make a decision in your heart. As I told my lawyer, "I am a Lipan Apache Indian. I was brought up a Lipan Apache Indian. We have been practicing our culture ever since I can remember. We have a history, and ancestors who made us who we are. Because of all this, I have convictions in my heart for the right to use what I feel are my God-given rights as a Lipan Apache. The law might tell me otherwise, but that does not change who I am and who God has created me." Our lawyer told me that if things are going to change, it will not be in the court system but through our governmental officials. He said that we have to unite ourselves and let our politicians know what is happening, and that laws need to be changed. Now our lawyer did tell me one thing of great interest to all who are not federally recognized. That within the next year or two, a case is getting ready to go to the Supreme Court over this issue, feathers and the those who are not federally recognized. He said there is a big possibility that the laws will change because eagles are no longer an endangered species. So keep an eye open for that, and see what we can do to help them decide for all of us who do not carry a BIA card.
WHAT DO I PLAN TO DO?
I do not know about you and your tribe, but we did not survive all these years in the deserts by hiding and running away. As soon as this is over, I need your help to inform the following representatives about what has happened. Not so much about the feathers, but of what I feel are still violations of our religious rights as Native Americans and how our circle was violated when the officer came in with no regard to who we are as Indian people. I have a letter ready to go from our tribal chairman which I will e-mail to all who have written to me the last week and a half. If you really care and want to do something to correct what has happened, I encourage you to invest $1.56 in four stamps and write to the four political representatives whose names I will provide as soon as this is over. Many of you have said to me, "What else can I do besides pray?" Well, here will be your opportunity to do something. Can you imagine what would happen if four or five thousand letters poured into the offices of our political officials? At least the voice of our Indian people will be heard. I am praying that more than four or five thousand letters come in. I am praying that with your help, you can get the word around and thousands more will come in. This will at least give them a little idea of the gravity of the issue and that this is not just Robert Soto in South Texas speaking, but the whole world.
WHAT CAN YOU PRAY FOR?
All this time we have been asking you to pray for Mike and me. By the way, Mike is my brother-in-law. But there are some spiritual issues I need you to pray for. This issue has affected our children. Many of our children are afraid of the federal government now and see them as the bad people because they will not allow us to be who we are, Indians. As Dillon, one of my nephews said to his mother, "Why should we dance if we cannot wear our feathers?" I know the feathers do not make the Indian, but at the same time, they are a symbol of who we are and who God the Creator made us. In 1847, the state of Texas passed a law outlawing not just the Lipan Apaches, but all Indian tribes from within its borders. It was at this time that we went underground with our ceremonies and language and dances. If our ancestors were captured as Indians they were either sent to the Mescalero Reservation in New Mexico, or imprisoned, or killed and scalped because the scalp of a Lipan Apache brought 100 pesos for a man's scalp, 75 pesos for a woman's scalp and 50 pesos for our child's scalp by the Mexican government. This is our history; maybe you are wondering, "Why are you telling us this and what does this have to do with eagle feathers?" I tell you this because we will never be able to have a family traditional gathering again without the worry of a federal official deciding to make a name for himself and deciding to come and take our feathers or the feathers of anyone attending our celebration. So once again, we will have to take our ceremonies and pow wows underground and not invite the public or advertise for others to come. Pray for us, the Lipan Apaches. This will take a long time to recover. I will write more after the turning over of our feathers. It will be a very emotional event. Keep us in prayer.
Robert Soto - Lipan Apache Warrior for Jesus
MORE ABOUT ROBERT SOTO: www.mcallen.lib.tx.us/library/tsrp05.htm
Tuesday, March 21, 2006
Western Shoshone Victorious at United Nations
Press Release – For Immediate Release
Western Shoshone Victorious at United Nations: U.S. Found in Violation of Human Rights of Native Americans – Urged to Take Immediate Action
Excerpt of press release follows...
Western Shoshone Victorious at United Nations: U.S. Found in Violation of Human Rights of Native Americans – Urged to Take Immediate Action
Excerpt of press release follows...
10 March 2006, Geneva Switzerland. Today, in an historic and strongly worded decision by the United Nations Committee on the Elimination of Racial Discrimination (CERD) the United States was urged to “freeze”, “desist” and “stop” actions being taken or threatened to be taken against the Western Shoshone Peoples of the Western Shoshone Nation. In its decision, CERD stressed the “nature and urgency” of the Shoshone situation informing the U.S. that it goes “well beyond” the normal reporting process and warrants immediate attention under the Committee’s Early Warning and Urgent Action Procedure.
This monumental action challenges the US government’s assertion of federal ownership of nearly 90% of Western Shoshone lands. The land base covers approximately 60 million acres, stretching across what is now referred to as the states of Nevada, Idaho, Utah and California. Western Shoshone rights to the land - which they continue to use, care for, and occupy today - were recognized by the United States in 1863 by the Treaty of Ruby Valley. The U.S. now claims these same lands as “public” or federal lands through an agency process and has denied Western Shoshone fair access to U.S. courts through that same process. The land base has been and continues to be used by the United States for military testing, open pit cyanide heap leach gold mining and nuclear waste disposal planning. The U.S. has engaged in military style seizures of Shoshone livestock, trespass fines in the millions of dollars and ongoing armed surveillance of Western Shoshone who continue to assert their original and treaty rights.
This monumental action challenges the US government’s assertion of federal ownership of nearly 90% of Western Shoshone lands. The land base covers approximately 60 million acres, stretching across what is now referred to as the states of Nevada, Idaho, Utah and California. Western Shoshone rights to the land - which they continue to use, care for, and occupy today - were recognized by the United States in 1863 by the Treaty of Ruby Valley. The U.S. now claims these same lands as “public” or federal lands through an agency process and has denied Western Shoshone fair access to U.S. courts through that same process. The land base has been and continues to be used by the United States for military testing, open pit cyanide heap leach gold mining and nuclear waste disposal planning. The U.S. has engaged in military style seizures of Shoshone livestock, trespass fines in the millions of dollars and ongoing armed surveillance of Western Shoshone who continue to assert their original and treaty rights.
...
Following is the text of the decision by the United Nations committee:
COMMITTEE FOR THE ELIMINATION
OF RACIAL DISCRIMINATION
Sixty- eighth session
Geneva, 20 February – 10 March 2006
EARLY WARNING AND URGENT ACTION PROCEDURE
DECISION 1 (68)
UNITED STATES OF AMERICA
OF RACIAL DISCRIMINATION
Sixty- eighth session
Geneva, 20 February – 10 March 2006
EARLY WARNING AND URGENT ACTION PROCEDURE
DECISION 1 (68)
UNITED STATES OF AMERICA
A. Introduction
1. At its 67th session held from 2 to 19 August 2005, the Committee considered on a preliminary basis requests submitted by the Western Shoshone National Council, the Timbisha Shoshone Tribe, the Winnemucca Indian Colony and the Yomba Shoshone Tribe, asking the Committee to act under its early warning and urgent action procedure on the situation of the Western Shoshone indigenous peoples in the United States of America.
2. Considering that the opening of a dialogue with the State party would assist in clarifying the situation before the submission and examination of the fourth and fifth periodic reports of the United States of America, due on 20 November 2003, the Committee, in accordance with article 9 (1) of the Convention and article 65 of its rules of procedure, invited the State party, in a letter dated 19 August 2005, to respond to a list of questions, with a view to considering this issue at its 68th session.
3. Responding to the Committee’s letter, the State party, in its letter dated 15 February 2006, stated that its overdue periodic reports are being prepared and that they will include responses to the list of issues. The Committee regrets that the State party has not undertaken to submit its periodic reports by a specific date, that it has not provided responses to the list of issues by 31 December 2005 as requested, and that it did not consider it necessary to appear before the Committee to discuss the matter.
4. The Committee has received credible information alleging that the Western Shoshone indigenous peoples are being denied their traditional rights to land, and that measures taken and even accelerated lately by the State party in relation to the status, use and occupation of these lands may cumulatively lead to irreparable harm to these communities. In light of such information, and in the absence of any response from the State party, the Committee decided at its 68th session to adopt the present decision under its early warning and urgent action procedure. This procedure is clearly distinct from the communication procedure under article 14 of the Convention. Furthermore, the nature and urgency of the issue examined in this decision go well beyond the limits of the communication procedure.
B. Concerns
5. The Committee expresses concern about the lack of action taken by the State party to follow up on its previous concluding observations, in relation to the situation of the Western Shoshone peoples (A/56/18, para. 400, adopted on 13 August 2001). Although these are indeed long-standing issues, as stressed by the State party in its letter, they warrant immediate and effective action from the State party. The Committee therefore considers that this issue should be dealt with as a matter of priority.
6. The Committee is concerned by the State party’s position that Western Shoshone peoples’ legal rights to ancestral lands have been extinguished through gradual encroachment, notwithstanding the fact that the Western Shoshone peoples have reportedly continued to use and occupy the lands and their natural resources in accordance with their traditional land tenure patterns. The Committee further notes with concern that the State party’s position is made on the basis of processes before the Indian Claims Commission, “which did not comply with contemporary international human rights norms, principles and standards that govern determination of indigenous property interests”, as stressed by the Inter-American Commission on Human Rights in the case Mary and Carrie Dann versus United States (Case 11.140, 27 December 2002).
7. The Committee is of the view that past and new actions taken by the State party on Western Shoshone ancestral lands lead to a situation where, today, the obligations of the State party under the Convention are not respected, in particular the obligation to guarantee the right of everyone to equality before the law in the enjoyment of civil, political, economic, social and cultural rights, without discrimination based on race, colour, or national or ethnic origin. The Committee recalls its General recommendation 23 (1997) on the rights of indigenous peoples, in particular their right to own, develop, control and use their communal lands, territories and resources, and expresses particular concern about:
a) Reported legislative efforts to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developers.
b) Information according to which destructive activities are conducted and/or planned on areas of spiritual and cultural significance to the Western Shoshone peoples, who are denied access to, and use of, such areas. It notes in particular the reinvigorated federal efforts to open a nuclear waste repository at the Yucca Mountain; the alleged use of explosives and open pit gold mining activities on Mont Tenabo and Horse Canyon; and the alleged issuance of geothermal energy leases at, or near, hot springs, and the processing of further applications to that end.
c) The reported resumption of underground nuclear testing on Western Shoshone ancestral lands;
d) The conduct and / or planning of all such activities without consultation with and despite protests of the Western Shoshone peoples;
e) The reported intimidation and harassment of Western Shoshone people by the State party’s authorities, through the imposition of grazing fees, trespass and collection notices, impounding of horse and livestock, restrictions on hunting, fishing and gathering, as well as arrests, which gravely disturb the enjoyment of their ancestral lands.
f) The difficulties encountered by Western Shoshone peoples in appropriately challenging all such actions before national courts and in obtaining adjudication on the merits of their claims, due in particular to domestic technicalities.
C. Recommendations
8. The Committee recommends to the State party that it respect and protect the human rights of the Western Shoshone peoples, without discrimination based on race, colour, or national or ethnic origin, in accordance with the Convention. The State party is urged to pay particular attention to the right to health and cultural rights of the Western Shoshone people, which may be infringed upon by activities threatening their environment and/or disregarding the spiritual and cultural significance they give to their ancestral lands.
9. The Committee urges the State party to take immediate action to initiate a dialogue with the representatives of the Western Shoshone peoples in order to find a solution acceptable to them, and which complies with their rights under, in particular, articles 5 and 6 of the Convention. In this regard also, the Committee draws the attention of the State party to its General recommendation 23 (1997) on the rights of indigenous peoples, in particular their right to own, develop, control and use their communal lands, territories and resources.
10. The Committee urges the State party to adopt the following measures until a final decision or settlement is reached on the status, use and occupation of Western Shoshone ancestral lands in accordance with due process of law and the State party’s obligations under the Convention:
a) Freeze any plan to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developers;
b) Desist from all activities planned and/or conducted on the ancestral lands of Western Shoshone or in relation to their natural resources, which are being carried out without consultation with and despite protests of the Western Shoshone peoples;
c) Stop imposing grazing fees, trespass and collection notices, horse and livestock impoundments, restrictions on hunting, fishing and gathering, as well as arrests, and rescind all notices already made to that end, inflicted on Western Shoshone people while using their ancestral lands.
11. In accordance with article 9 (1) of the Convention, the Committee requests that the State party provide it with information on action taken to implement the present decision by 15 July 2006.
U.S. Found in Violation of Human Rights of Native Americans
Press Release – For Immediate Release
Western Shoshone Victorious at United Nations: U.S. Found in Violation of Human Rights of Native Americans – Urged to Take Immediate Action
10 March 2006, Geneva Switzerland. Today, in an historic and strongly worded decision by the United Nations Committee on the Elimination of Racial Discrimination (CERD) the United States was urged to “freeze”, “desist” and “stop” actions being taken or threatened to be taken against the Western Shoshone Peoples of the Western Shoshone Nation. In its decision, CERD stressed the “nature and urgency” of the Shoshone situation informing the U.S. that it goes “well beyond” the normal reporting process and warrants immediate attention under the Committee’s Early Warning and Urgent Action Procedure. Western Shoshone Victorious at United Nations: U.S. Found in Violation of Human Rights of Native Americans – Urged to Take Immediate Action
This monumental action challenges the US government’s assertion of federal ownership of nearly 90% of Western Shoshone lands. The land base covers approximately 60 million acres, stretching across what is now referred to as the states of Nevada, Idaho, Utah and California. Western Shoshone rights to the land - which they continue to use, care for, and occupy today - were recognized by the United States in 1863 by the Treaty of Ruby Valley. The U.S. now claims these same lands as “public” or federal lands through an agency process and has denied Western Shoshone fair access to U.S. courts through that same process. The land base has been and continues to be used by the United States for military testing, open pit cyanide heap leach gold mining and nuclear waste disposal planning. The U.S. has engaged in military style seizures of Shoshone livestock, trespass fines in the millions of dollars and ongoing armed surveillance of Western Shoshone who continue to assert their original and treaty rights.
Based upon these actions and a dramatic escalation of new actions threatening irreparable harm to Western Shoshone and their environment, last year, with the support of the Univ. of Arizona Indigenous Law and Policy Program, the Western Shoshone filed a renewed legal action at the United Nations CERD. In addition to evidence of the United States’ conduct, the Western Shoshone delegation also delivered over 13,000 signatures from citizens across the United States of America supporting the Western Shoshone action to CERD. This petition was a result of a campaign organized by the rights-based development organization Oxfam America to demonstrate the widespread concern for the Western Shoshone peoples to the United Nations.
CERD rejected the U.S.’ argument that the situation was not “novel” and therefore should wait to be reviewed until the U.S. submits its Periodic Report – past due since 2003. The Committee informed the U.S. that “[a]lthough these are indeed long-standing issues…they warrant immediate and effective action… [and] should be dealt with as a matter of priority.” The United States was “urged to pay particular attention to the right to health and cultural rights of the Western Shoshone…which may be infringed upon by activities threatening their environment and/or disregarding the spiritual and cultural significance they give to their ancestral lands.”
CERD presented its decision to the Western Shoshone this morning. The decision details the U.S.’ actions against the Western Shoshone and calls upon the United States to immediately:
· Respect and protect the human rights of the Western Shoshone peoples;
· Initiate a dialogue with the representatives of the Western Shoshone peoples in order to find a solution acceptable to them, and which complies with their rights;
· Adopt the following measures until a final decision or settlement is reached on the status, use and occupation of Western Shoshone ancestral lands in accordance with due process of law and the U.S.’ obligations under the Convention;
o Freeze all efforts to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developers;
o Desist from all activities planned and/or conducted on Western Shoshone ancestral lands;
o Stop imposing grazing fees, livestock impoundments, hunting, fishing and gathering restrictions and rescind all notices already made.
The decision is historic in that it is the first time a United Nations Committee has issued a full decision against the U.S. in respect to its highly controversial Federal Indian law and policy. The decision expressed particular concern that the U.S.’ basis for claiming federal title to Western Shoshone land rests on a theory of “gradual encroachment” through a “compensation” process in the Indian Claims Commission. The decision highlights that this same process was found by the Inter-American Commission on Human Rights to violate “international human rights norms, principles and standards that govern determination of indigenous property interests.” When the U.S. last appeared before the Committee in 2001, Committee members expressed alarm and concern that U.S. laws regarding indigenous peoples continue to be based on the outdated, colonial era “doctrine of discovery.”
The Committee gave the U.S. a July 15, 2006 deadline to provide it with information on the action it had taken. The decision issued today demonstrates a solid commitment by the United Nations human rights system to make the Western Shoshone’s struggle a priority. Whereas indigenous peoples have been active at the United Nations for several decades, the decision today also brings a breath of hope to indigenous communities across the U.S. and globally where the negative effects of U.S. policy and influence reach. In its decision, the Committee drew particular attention to its General recommendation 23 (1997) on the rights of indigenous peoples, in particular their right to own, develop, control and use their communal lands, territories and resources.
Comments from Western Shoshone Delegation to United Nations (March 10, 2006):
“We have rights to protect our homelands and stop the destruction of our land, water, and air by the abuses of the United States government and the multinational corporations. The situation is outrageous and we’re glad the United Nations Committee agrees with us. Our people have suffered more nuclear testing than anywhere else in the world and they’re continuing underground testing despite our protests. Yucca Mountain is being hollowed out in order to store nuclear waste. We cannot stand for it – this earth, the air, the water are sacred. People of all races must stop this insanity now in order to secure a safe future for all.” Joe Kennedy, Western Shoshone.
“The Western Shoshone Nation is very thankful to the Committee members for their decision affirming U.S. discrimination and destructive policies do not go on unaccounted for. Truth is what it is – that can never change. We pray for the healing of our peoples, the land and the harassment and destruction to stop. While others are allowed the freedom of religion, we are kept from the very same right. The Newe (people) use this ancestral land for sacred ceremonies. The federal agencies prevent our access to some of these important areas. Our ancestors’ burials are being dug up and placed into local museums’ basement storage areas because of surge of gold mines and nuclear developments. This is an outrage to our people!” Judy Rojo, Western Shoshone.
“This battle has been going on for quite some time, but we’ve seen a dramatic increase in the federal government and the companies’ rush to finalize what they consider a settlement in order to get a hold of our lands for activities that are contaminating our water and our air. Again, we are very pleased that our rights are finally being taken seriously and we look forward to positive actions being taken by the U.S.” Steven Brady, Western Shoshone.
“We are Shoshone delegates speaking for a Nation threatened by extinction. The mines are polluting our waters, destroying hot springs and exploding sacred mountains—our burials along with them--attempting to erase our signature on the land. We are coerced and threatened by mining and Federal agencies when we seek to continue spiritual prayers for traditional food or medicine on Shoshone land. We have endured murder of our Newe people for centuries, as chronicled in military records, but now we are asked to endure a more painful death from the U.S. governmental agencies —a separation from land and spiritual renewal. We thank our past leaders for their persistence and courage and the CERD for this monumental step” Bernice Lalo, Western Shoshone.
Monday, March 20, 2006
Non-Indian eagle feather case returns to federal court
from Indianz.com...
In hearing a case about four non-Indians with eagle feathers in their possession, the 10th Circuit Court of Appeals also said:
"The court, however, said non-federally recognized Indians are entitled to possess eagle feathers and parts. The Interior Department was ordered to pay Joselius Saenz, a member of the terminated Chiricahua Apache Tribe of New Mexico, $40,000 and return his eagle items.
Even federally recognized Indians have trouble obtaining eagle feathers. The National Eagle Repository's waiting list is five years long."
Indianz.Com > News > Non-Indian eagle feather case returns to federal court
In hearing a case about four non-Indians with eagle feathers in their possession, the 10th Circuit Court of Appeals also said:
"The court, however, said non-federally recognized Indians are entitled to possess eagle feathers and parts. The Interior Department was ordered to pay Joselius Saenz, a member of the terminated Chiricahua Apache Tribe of New Mexico, $40,000 and return his eagle items.
Even federally recognized Indians have trouble obtaining eagle feathers. The National Eagle Repository's waiting list is five years long."
Indianz.Com > News > Non-Indian eagle feather case returns to federal court
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