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

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...

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.

...

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

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.



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.

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