Indigenous Peoples and Human Rights

November 28, 2016

Standing Rock Medics Urge Army Corps to Rescind Eviction Notice to Prevent Morbidity and Mortality

The front line between Water Protectors and Riot Police on Thanksgiving on treaty land. Photo by Rob Wilson Photography

The front line between Water Protectors and Riot Police on Thanksgiving on treaty land. Photo by Rob Wilson Photography
Standing Rock Medics Urge Army Corps to Rescind Eviction Notice to Prevent Morbidity and Mortality

By Standing Rock Medic Healer's Council

Censored News
November 28, 2016

RE:  Urgent request for Lieutenant General Todd Semonite (US Army Corps of Engineers), Secretary Robert A. McDonald (US Department of Veteran Affairs) and Secretary Sylvia Mathews Burwell (US Department of Health and Human Services) to immediately rescind the December 5th, 2016 eviction notice given to the Oceti Sakowin camp by the Army Corps of Engineers as well as a removal of the blockade on Highway 1806 in order to prevent unnecessary further morbidity and mortality
The Standing Rock Medic Healer’s Council (SRMHC) is a council of traditional Indigenous healers, physicians, nurses, paramedics, midwives, and medics who have provided continuous medical care at the camp since August, in response to poor healthcare access and escalating use of violence by Morton County Sheriff’s department and Dakota Access Pipeline security upon unarmed people who are peacefully assembled to protest a pipeline going through the source of drinking water for 16 million people.
We have been active in assessing the health needs and have been keeping people safe in what US veterans have described as “war-like conditions”—with surveillance aircraft, police checkpoints and the constant threat of violence from local law enforcement. We have also been providing daily no-cost care for acute and chronic conditions to thousands of people assembled peacefully to exercise their first amendment rights.
The vast majority of cases we have witnessed and treated -- in patients ranging from the young to elderly -- have been the direct result of the following:
Blunt force trauma, including but not limited to near amputation, retinal detachment, and multiple fractures, concussions, lacerations, and contusions as a result of rubber bullets, battery with batons, and concussion grenades,
Bites from attack dogs
Exposure to chemical weapons.
Hypothermia as a result of water cannons power blasting individuals in freezing temperatures.
Since October, the Morton County Sheriff’s department has blocked the northbound highway 1806, currently with razor wire, military vehicles and concrete blocks. This is in violation of the Geneva Convention, Article 18, first paragraph, of the 1949 Geneva Convention II which provides that “[a]fter each engagement, Parties to the conflict shall, without delay, take all possible measures … to ensure … adequate care” of the shipwrecked, wounded and sick.” The blockade makes quick and expeditious travel by emergency services to the nearest level two trauma center in Bismarck impossible. What should be a 35 minute ambulance ride in an emergency becomes over an hour due to this blockade and checkpoints. This has been and continues to be a major threat to public health that has been not been addressed by local health agencies.  We urge you to address it immediately.
Of greatest concern is the previously mentioned December 5th eviction notice by the Army Corps of Engineers upon the Oceti Sakowin camp. Based upon all evidence to date we have good reason to believe that excessive, violent force will be used against unarmed people in winter conditions that threaten life simply through hypothermia. In our professional opinion, the Oceti Sakowin community composed of several thousand women (many of whom are pregnant) men, children, elderly,are firmly committed to remaining upon the land that was clearly outlined by Treaty laws belonging to the Lakota and Dakota peoples. We affirm that during the entire term of our service we have never seen any evidence of weapons, whether in the form of firearms or incendiary devices.  Given the urgency and immediacy of the care we provide, such evidence would be impossible to conceal. If the goal is to protect health and well being, that purpose will best be served by allowing the Oceti Sakowin to remain, unmolested, in full exercise of their constitutionally protected First Amendment rights.
We want to make clear that the SRMHC is committed to fulfilling the spirit of the Geneva Convention by providing medical services to Oceti Sakowin regardless of the  decisions and conditions imposed by state agencies. This decision occurs despite clear observations that designated and labeled medics are being unethically and illegally targeted by law enforcement -- once again in violation of the Geneva Conventions (Rule 25. Medical personnel exclusively assigned to medical duties must be respected and protected in all circumstances).
We urge your respective agencies to prevent the alarming threat to loss of life and limb on December 5th. From our assessment as the medical team on the ground, the violence from law enforcement has been the largest threat to public safety. If you are concerned for human health and safety, we call for the following:
A rescission of the December 5 eviction notice as it provided a de facto invitation for Governor Jack Dalrymple to order an “emergency” evacuation under the false premise of public health. This in turn provides  the Morton County Police Department justification to enter and inflict harm upon the current encampment referred to as Oceti Sakowin
Acknowledging that the excessive violence, militarization, and disregard of the well being of the community is the source of violence and public health endangerment, we call for a disarmament of the Morton County Sheriff’s Department.
The immediate opening of northbound county highway 1806 to allow expeditious travel by emergency health services.
The Army Corps of Engineers has the power to immediately de-escalate the situation by denying the easement and bringing a permanent end to the construction of the DAPL through Lake Oahe.
As health workers, we urge you to recognize this as a public health issue and address it accordingly—with respect for human dignity and the right to clean healthy water which we all know is absolutely crucial for human health.
Respectfully,
Standing Rock Medic Healer Council
Linda Black Elk, PhD, Ethnobotanist, Sitting Bull College
Noah Morris, EMT
Michael Knudsen, MPH candidate
Vanessa Bolin, ALS paramedic
Amelia Massucco, RN
Howard Ehrman MD, MPH, University of Illinois, Chicago
John Andrews, RN’
David Kingfisher, MD/JD Witchita State University
Jesse Lopez, MD, Heartland Surgical Care
Kalama O Ka Aina Niheu, MD Aha Aloha Aina
Rupa Marya, MD, University of California, San Francisco, Do No Harm Coalition
Kristina Golden, EMT
Sebastian Rodriguez, RN
Rosemary Fister, RN, MNPHN, DNP candidate
Geeta Maker-Clark, MD, University of Chicago
Elizabeth Friedman, MD

Navajo Veterans Leave Dec. 3 for Standing Rock




Navajo Veterans Leave Dec. 3 for Standing Rock

This article has been updated. Please go to:

http://bsnorrell.blogspot.com/2016/11/navajo-veterans-leave-for-standing-rock.html


North Dakota Gov. Orders Evacuation -- Winter Storm Latest Ploy to Remove Water Protectors

Aerial view of Oceti Sakowin Camp today during snow, on Treaty land.

Chairman calls on Army Corps to reaffirm their position of no forcible removal

CANNON BALL, North Dakota —The following statement from the Standing Rock Sioux Tribe’s Chairman, Dave Archambault II, can be quoted in part or in full.
French translation by Christine Prat
http://www.chrisp.lautre.net/wpblog/?p=3861
Dutch translation by Alice Holemans
http://www.denaisgazet.be/nieuws/gouverneur-van-noord-dakota-beveelt-evacuatie-winter-storm-laatste-tactiek-om-kamp-te-ontruimen


“Today, Gov. Dalrymple issued an executive order calling for mandatory evacuation of all campers located on U.S. Army Corps of Engineers (USACE) lands, also known as the Oceti Sakowin camp. This state executive order is a menacing action meant to cause fear, and is a blatant attempt by the state and local officials to usurp and circumvent federal authority. The USACE has clearly stated that it does not intend to forcibly remove campers from federal property. The Governor cites harsh weather conditions and the threat to human life. As I have stated previously, the most dangerous thing we can do is force well-situated campers from their shelters and into the cold. If the true concern is for public safety than the Governor should clear the blockade and the county law enforcement should cease all use of flash grenades, high-pressure water cannons in freezing temperatures, dog kennels for temporary human jails, and any harmful weaponry against human beings. This is a clear stretch of state emergency management authority and a further attempt to abuse and humiliate the water protectors. The State has since clarified that they won’t be deploying law enforcement to forcibly remove campers, but we are wary that this executive order will enable further human rights violations.”
The Chairman called on the Army Corps to affirm their previous statement regarding no forcible removal.

Dalrymple Orders Emergency Evacuation To Safeguard Against Harsh Winter Conditions

Signed November 28, 2016
WHEREAS, Morton County is currently experiencing severe winter weather storm conditions, and it is anticipated harsh winter conditions will continue until next spring; and
WHEREAS, winter conditions have the potential to endanger human life, especially when they are exposed to these conditions without proper shelter, dwellings, or sanitation for prolonged periods of time; and
WHEREAS, large populations have chosen to stay in areas of Morton County managed by the United States Army Corps of Engineers south of the Cantapeta Creek and the Cannonball River (The areas include the confluence with Cantapeta Creek east, east of North Dakota Highway 1806, north of the Cannonball River, and west of the Missouri River) in tents, vehicles, temporary and semi-permanent structures which have not been inspected and approved by Morton County as proper dwellings suitable for winter habitation; and
WHEREAS, the aforementioned areas of Morton County are not zoned for dwellings suitable for living in winter conditions, and also do not possess proper permanent sanitation infrastructure to sustain a living environment consistent with proper public health; and
WHEREAS, the United States Army Corps of Engineers has ordered the aforementioned area of Morton County which they manage to be vacated due to public safety concerns related to the inability to effectively provide emergency, medical, fire response services, and law enforcement services; and
WHEREAS, it is the responsibility of the state to assist citizens and visitors to North Dakota in addressing the emergencies, disasters, and other hardships that may face the state, its citizens and visitors, to include issuance of orders in the best interest of public safety.
NOW, THEREFORE, I, Jack Dalrymple, Governor of the State of North Dakota, order a mandatory evacuation of all persons located in areas under the proprietary jurisdiction of the United States Army Corps of Engineers located in Morton County, and defined as a prohibited area in Exhibit A of the United States Army Corps of Engineers memorandum provided to the Morton County Sheriff on November 25th, 2016 and attached to this order. This definition of the evacuation area shall remain in effect even if the United States Army Corps of Engineers redefines or removes these prohibited areas. These persons are ordered to leave the evacuation area immediately, and are further ordered not to return to the evacuation area.
All persons in the evacuation area shall take all their possessions with them upon their evacuation. 
Any action or inaction taken by any party which encourages persons to enter, reenter, or remain in the evacuation area will be subject to penalties as defined in law. 
I direct state agencies, emergency service officials, and nongovernmental organizations to reduce threats to public safety by not guaranteeing the provision of emergency and other governmental and nongovernmental services in the evacuation area, unless otherwise approved on a case by case basis by the Morton County Sheriff or Superintendent of the Highway Patrol.  The general public is hereby notified that emergency services probably will not be available under current winter conditions.
Any person who chooses to enter, reenter, or stay in the evacuation does so at their own risk, and assumes any and all corresponding liabilities for their unlawful presence and occupation of the evacuation area.
This order is issued pursuant to the following authority and for the following reasons: 
The Governor is vested with the executive authority pursuant to Article V, Section 1 of the North Dakota Constitution; and, 
The governor is vested with statutory authority to issue executive orders to minimize or avert the effects of a disaster or emergency pursuant to Chapter 37-17.1 of the North Dakota Century Code; and, 
The governor is vested by Section 37-17.1-05(6)(e), N.D.C.C. with authority to direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other disaster or emergency mitigation, response, or recovery; and 
A coordinated and effective effort of all state departments is required to minimize the impact of disasters and emergencies in this state.
This order is effective immediately, and it shall remain in effect until rescinded. Executed at Bismarck, North Dakota, this 28th day of November, 2016.
Signed Executive Order:   application/pdf iconExecutive Order 2016-08.pdf

Water Protectors file class action suit for retaliation and excessive force against brutal police


Water Protectors file class action suit for retaliation and excessive force against brutal police

by Lauren C. Regan on November 28, 2016 in Articles, Cases, Current Cases, News
Water Protectors file class action suit for retaliation and excessive force against brutal police

Contact:  Lauren Regan, Director and Attorney, Civil Liberties Defense Center; Water Protector Legal Collective attorney, 541-687-9180; info@cldc.org

Complaint and TRO filings included

Oceti Å akowiÅ‹ camp at Standing Rock, North Dakota— On November 20, 2016 Native Americans and their allies walked on to a public bridge and prayed.  They bowed their heads in the frigid North Dakota dusk, lit sage and cedar, and began praying for the survival of the Missouri River, for their indigenous cultures, and for the planet and all its inhabitants.  On the other side of a thick razor wire fence, reminiscent of that found on prison walls and war zones, an army of trained killers began to amass with their weaponry.  The people praying, which included elders and youth, looked up from their exercise of First Amendment expression and into the foreboding line of police in riot gear, face masks, shields, guns, giant fire extinguisher-sized containers of chemical weapons, grenade launchers of tear gas, Tasers, batons, and what appears to be shotguns which shoot less than lethal bullets, called Specialty Impact Munitions (SIM). The public servants humiliated their profession by chastising and taunting Native American protectors, laughing when they injured a water protector with their munitions.

Water Protectors began to include the police in their prayers for peace and nonviolence.  They prayed for an end to environmental racism as the DAPL pipeline construction loomed in the background.  They prayed for an end to systemic racism, as they were surrounded by white allies in the hope that police might spare their brown bodies because they were surrounded by white ones of privilege.  Police readied into position a water cannon, or commonly described as a high-pressure fire hose.  And then, in an act deemed illegal and morally intolerable since the 1960’s civil rights era, law enforcement who took an oath to protect and serve everyone, unleashed a violent torrent of freezing cold water upon the brown indigenous people assembled in prayer and allyship in an apparent attempt to wash them out of sight and mind.  Bodies were whipped to the ground, innocent people were shocked into hypothermia and unable to move, and worse—many were trapped on the bridge unable to escape. Police used floodlights to blind the protectors and then began firing less than lethal bullets—the pop pop pop noise and the screams of pain penetrating the freezing night air.  Then chemical foggers were sprayed into the crowd, CS gas (teargas) canisters were launched out of high powered weapons, grenades were aimed at peoples’ heads, and the relentless icy force of high pressured fire hoses were continuously used as a form of crowd control for over 5 hours. Protectors collapsed unable to breathe from the chemical weapons, one person began having a seizure and was rendered unconscious.  One woman had a cop intentionally aim a flash bang grenade into her groin.  At least two people had their heads split open by less than lethal bullets and required dozens of staples to survive, another young woman was shot in the eye and face, another in the kneecap, another had his knuckles shattered and finger flesh peeled away while he gripped a camera; many more people walked away with welts and bruises.  Many people required medical attention for chemical weapon exposure, respiratory and vision problems.  Explosive chemical devices and other incendiary weapons were launched into the crowd by police with reckless abandon.  One officer held onto his explosive Instantaneous Blast CS grenade[1]  for 5 of the 7 seconds he has to launch it before it explodes, and then threw it directly at a 21-year-old Water Protector named Sophia Wilansky.  It is believed that the grenade exploded on her left arm almost tearing it from her body.  As blood began to pour from her body, and in an absolute demonstration of malice, police targeted medics and people attempting to rescue her and other injured people from the bridge.  It is still unknown whether Ms. Walinsky must have her arm amputated at her elbow.  These are just a few of the almost 300 injuries that were reported on November 20th.

It is for these reasons and more that Water Protectors have filed a civil rights class action seeking an emergency restraining order from the US District Court of North Dakota requesting that the Court put an end to the potentially deadly tactics used by law enforcement against them.  The request urges the Court to grant interim relief consisting of an order prohibiting Defendant law enforcement agencies from using excessive force in responding to the pipeline protests and prayer ceremonies and asks specifically for a prohibition on the use of SIM, explosive grenades, chemical agents, and water cannons or hoses, as means of crowd dispersal. The civil rights complaint seeks justice against the constitutional violations perpetuated against the mostly Native American water protectors, including claims of retaliation and police brutality by law enforcement, as well suing the Morton County Sheriff Kyle Kirchmeier, and City of Mandan Chief of Police Jason Ziegler for maintaining policies, customs, and practices that led to grave violations of Plaintiffs’ rights secured by the U.S. Constitution.  This Court must decide whether the poorly trained defendant law enforcement agencies used SIM, freezing water, chemical agents, and explosive grenades to harm the Water Protectors and chill or deter them from their lawful exercise of the rights to free speech, association, and religion in violation of the First Amendment.

During the 1960’s civil rights era in the United States, African American activists were killed by police while exercising their constitutional rights.  People were injured, traumatized and killed for standing up for what is clearly the right side of justice. Native Americans, long brutalized and repressed by colonizing terrorists, are taking their stand in the fight for justice and environmental sanity.  The State is again responding with terror and violence in the face of a changing moral and social society.  The world is watching what is happening at the Oceti Å akowiÅ‹ camp at Standing Rock, North Dakota.  The CLDC is honored to be part of the team of lawyers and legal scholars that will relentlessly pursue justice for the Water Protectors against the fascist police attack that occurred on the Backwater Bridge spanning the Cannonball River in Sioux Standing Rock land.

If you would like to support the current efforts at Standing Rock please consider the following actions:

–Call local and federal agencies to demand:

(1) the immediate end to construction of the $3.8 billion Dakota Access Pipeline, (2) the immediate cessation and a full investigation into law enforcement and DAPL Security guard abuses against Water Protectors, and

(3) demanding the Morton County State’s Attorney dismiss all felony charges against water protectors from the October 27 police raid.

(4) Permit the water protectors to stay at their current encampment until the DAPL’s application to drill under Lake Oahe and the Missouri River is permanently denied.

White House: 202-456-1414

or sign the Standing Rock Sioux Tribe’s White House petition http://standwithstandingrock.net/take-action/

White House Situation Room, 202-456-9431              

North Dakota Governor’s Office: 701-328-2200

Morton County Sheriff’s Office: 620-697-4313

Morton County State’s Attorney’s Office: 701-667-3330

Army Corps of Engineers-Bismarck 701-255-0015

To support CLDC’s efforts to provide legal support at Standing Rock please contribute at https://cldc.org/nodapl



You can read the full suit below:

Complaint-1983-Class-Action standing-rock-emergency-injunction

Standing-Rock-Emergency-Injunction





[1] https://www.safariland.com/products/less-lethal/chemical-agent-devices/chemical-grenades/non-pyrotechnic/instantaneous-blast/instantaneous-blast-cs-grenade-1012496.html