Indigenous Peoples and Human Rights

November 8, 2008

Russell Means: International Disaster Declaration


INTERNATIONAL DISASTER DECLARATION
Contact: David Adams, Director of Communications, Republic of Lakotah
605-867-1025

STATE OF EMERGENCY: Oglala Sioux
Governor Michael Rounds of South Dakota has declared the State a disaster area. However, Indian Reservations are NOT included in the declaration. I, Russell Means, due to the total absence of Tribal Government and its leadership, and as candidate for Tribal President and Chief Facilitator of the Republic of Lakotah, am declaring an INTERNATIONAL STATE OF EMERGENCY. The reason for this declaration is two-fold:
1) The current life-threatening severe weather conditions and
2) The ongoing genocidal policies of the United States Government that still remain unaddressed:
• Unknown thousands are still stranded by high snow drifts for 3rd straight day.
• Unknown number of people without heat and/or electricity.
• Impassable road conditions preventing emergency services and propane deliveries.
• Confirmed fatality due to inability to get to dialysis treatment. Status of other dialysispatients is unknown.
• Second fatality bled to death due to no emergency services.
• Tribal President Steele and Vice President Brewerʼs whereabouts unknown as reported by Officers of the Bureau of Indian Affairs (B.I.A.).
• Officers rescue mother with new born and 2-year old child from heatless home.
• Tribal Police dispatch unable to determine road conditions.
• Wide-spread telephone service interruptions.
• Hardest hit is the eastern portion of the Reservation, which includes Pass Creek, Eagle Nest and Medicine Root Districts. Also Red Shirt Table, Cuny Table, Slim Buttes,Oglala and Porcupine communities.
• Unconfirmed reports of National Guard due to arrive today
Genocidal Results of the Failed American Indian Policies of the United States Government:
MORTALITY:
• Lakotah men have a life expectancy of less than 44 years, lowest of any country in the World (excluding AIDS) including Haiti.
• Lakotah death rate is the highest in the United States.
• The Lakotah infant mortality rate is 300% more than the U.S. Average.
• One out of every four Lakotah children born are fostered or adopted out to non-Indian homes.• Diseases such as tuberculosis, polio, etc. are present. Cancer is now at epidemic proportions!
• Teenage suicide rate is 150% higher than the U.S national average for this group.
POVERTY:
• Median income is approximately $2,600 to $3,500 per year.
• 97% of our Lakotah people live below the poverty line.
• Many families cannot afford heating oil, wood or propane and many residents use ovens to heat their homes.
UNEMPLOYMENT:
• Unemployment rates on our reservations are 80% or higher.
• Government funding for job creation is lost through cronyism and corruption.HOUSING:• Elderly die each winter from hypothermia (freezing).
• 1/3 of the homes lack basic clean water and sewage while 40% lack electricity.
• 60% of Reservation families have no telephone.• 60% of housing is infected with potentially fatal black molds.
• There is an estimated average of 17 people living in each family home (may only have two to three rooms). Some homes, built for 6 to 8 people, have up to 30 peopleliving in them.DRUGS AND ALCOHOL:
• More than half the Reservationʼs adults battle addiction and disease.
• Alcoholism affects 9 in 10 families.
• Two known meth-amphetamine labs allowed to continue operation. Why?
DISEASE:
• The Tuberculosis rate on Lakotah reservations is approx. 800% higher than the U.S national average.
• Cervical cancer is 500% higher than the U.S national average.
• The rate of diabetes is 800% higher than the U.S national average.
• Federal Commodity Food Program provides high sugar foods that kill Native people through diabetes and heart disease.INCARCERATION:
• Indian children incarceration rate 40% higher than whites.
• In South Dakota, 21 percent of state prisoners are American Indians, yet they only make up 2% of the population.
• Indians have the second largest state prison incarceration rate in the nation.
• Most Indians live on federal reservations. Less than 2% of Indians live where the state has jurisdiction!
THREATENED CULTURE:
• Only 14% of the Lakotah population can speak the Lakotah language.
• The language is not being shared inter-generationally. Today, the average age of a fluent Lakotah speaker is 65 years.
• Our Lakotah language is an Endangered Language, on the verge of extinction.
• Our Lakotah language is not allowed to be taught in the U.S. Government schools.

November 7, 2008

NCAI urges new means of protecting sacred places


By Brenda Norrell
U.N. OBSERVER & International Report

PHOENIX – The National Congress of American Indians urged the US Congress to create a statute that would protect Native American sacred places from the onslaught of development, intrusion and desecration and to strengthen existing laws to protect Native Americans' freedom of religion, in a resolution passed during its 65th annual convention.
The American Indian Religious Freedom Act was enacted into law 30 years ago in 1978 to protect the religious freedom of Native people. However, the Supreme Court ruled 20 years ago that neither the Act, nor the US Constitution, provided for a course of action to truly protect Native Americans right to worship in their traditional manner. The Supreme Court said Congress would need to enact a statute for that purpose. Congress has not done so.
The American Indian Religious Freedom Act states that "it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites."
Native Americans say, however, there is no current mechanism to ensure protection of sacred places or religious rights in court. Further, they say there is too little prosecution of violators of sacred places, burial places and cultural items.
Recently, the Religious Freedom Restoration Act failed to protect two sacred places in court, San Francisco Peaks and Snoqualmie Falls. In the case of San Francisco Peaks, the Ninth Circuit Court of Appeals reversed its earlier decision and ruled that sewage water could be used for snowmaking on the mountain sacred to 13 American Indian Nations. On this sacred mountain, one of Four Sacred Mountains to the Navajo or Dine’, medicine people hold ceremonies and gather healing plants. Hualapai and Hopi spiritual leaders were among those speaking out against the desecration.
Klee Benally, Navajo, with the Save the Peaks Coalition in Arizona said, "The struggle to protect Sacred Places from corporate interests is a critical struggle for a livable planet and our cultural survival as Indigenous Peoples. There are hundreds of threatened Sacred Places located on lands held by Federal Agencies such as the US Forest Service and the Bureau of Land Management. We have no guarantees that these agencies will not allow desecration of Sacred Places because there are no laws that ensure their protection."
Benally saying there is an increasing hostility in the courts.
"Congressional action to protect Sacred Places is necessary because we have no religious freedom when it comes to Federal land management decisions. We keep ending up in courts that are historically hostile towards Indigenous Peoples rights. We have very little options, this is why we must also have a broad-based grassroots movement to take action and address this cultural and environmental crisis," Benally said.
NCAI said, “It is time for Congress to enact a right of action for tribes to defend sacred places. Unless tribes can sustain lawsuits, they will not have a seat at federal negotiation tables and agencies and developers will continue to disregard existing consultation requirements. Meaningful consultation and respectful negotiations can obviate the need for litigation. However, if negotiated accords cannot be reached, tribes must be able to protect their holy places in court.”
The NCAI resolution also pointed out that universities are violating Native American graves, in development and museum content.
The NCAI resolution said, “Burial places are also sacred places. At present, there are entities subverting existing laws designed to protect our burial places and our ancestors. These entities include, for example, prominent universities in the University of California system and other federal and federally-assisted educational institutions, museums and agencies.”
Although the resolution does not name the exact institutions, the resolution follows the action of the University of California-Berkeley which recently desecrated an Ohlone burial ground for development, destroying oaks that were hundreds of years old. UC-Berkeley has also been protested for callously storing thousands of Native American remains in a rodent-filled basement. The Smithsonian Institute is among the museums that have long housed thousands of human remains of Indian people, including Native American skulls collected by bounty hunters in racist studies of intelligence.
NCAI’s resolution fails to point out the recent violation of graves and US federal laws in construction of the US/Mexico border wall. On the western portion of Tohono O’odham land in Arizona, the graves of the ancestors of the Tohono O’odham were dug up by Homeland Security’s contractor Boeing, in secret. The remains were removed from O’odham land, before being returned and reburied. Homeland Security Secretary Michael Chertoff waived all federal laws to construct the border wall.
Across the United States, Native Americans, including the Paiutes struggling to rebury “Spirit Cave Man,” in Nevada, are engaged in lengthy court battles. The desecration at the University of California-Berkeley, the plight of Spirit Cave Man and the threat to sacred San Francisco Peaks were among hundreds of issues brought to the Longest Walk, as Native Americans walked across America in 2008, from Alcatraz to DC, for the protection of sacred places and Mother Earth.
As liquor bars and helicopter rides threaten sacred Bear Butte, Yankton Sioux are faced with a large scale hog farm in the middle of their community in South Dakota. A new wave of profiteering uranium mining threatens Lakotas and Navajos. With power plants, coal mining and oil and gas drilling increasing, and the Arctic ice melting, Native Americans walked across America for five months to signal the nation and the world of the danger, while offering prayers for protection.
While burial places are desecrated across the nation, Native Americans ask, “How would you like it if your grandmother was in a museum? How would you like it if your grandfather’s grave was dug up and robbed?”
On the national level, NCAI said that Native Americans must be involved in the federal consultation processes and serve on boards that govern land use.
Further, NCAI said the Native American Graves Protection Repatriation Act must be strengthened in several ways. First, NAGPRA’s definition of Native American needs to be clarified and state that “Native American” means “of, or relating to, a tribe, people, or culture that is or was indigenous to any geographic area that is now located within the boundaries of the United States.”
NAGPRA needs increased penalties for violations of burials and burial grounds, human remains and cultural items. NAGPRA needs to be specifically strengthened with tools for improved law enforcement and prosecutions, NCAI said in the resolution.
In related resolutions, NCAI passed resolutions supporting a moratorium on exploration and oil and gas drilling in the Galisteo Basin of New Mexico; supporting protection of the Zuni Salt Lake in New Mexico and supporting the United Nations Declaration on the Rights of Indigenous Peoples.
The Declaration on the Rights of Indigenous Peoples was adopted Sept. 13, 2007, by the General Assembly of the United Nations.
In its resolution of support, NCAI said, "the declaration by the United Nations supports and reinforces the respect and protection of full self-determination rights by and on behalf of US Tribal Nations as well as the protection of tribal lands and treaties as a matter of international law and policy and is therefore in the vital interests of all US Tribal Nations."
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NCAI resolutions:
http://www.ncai.org/index.php?id=105&selectpro_resid=41
Photo: Snoqualmie Falls

Berlin Wall: Not in our backyard!


EL PASO -- As the anniversary of the fall of the Berlin Wall nears, we must take a closer look at the wall being built in OUR backyard and begin real discussion about what it means for our society.
Come out and participate in this FREE community event. Change happens if we participate.
When: Friday November 7, 2008
Time: 4-6pm
Where: Shawver Park (Yarbrough and
Border Freeway)
¡YA BASTA! ¡TODOS CONTRA EL MURO!

ACLU probe: Denver police staged protest at DNC

ACLU wants probe into police-staged DNC protest
By Felisa Cardona
The Denver Post

Photos: Colorado Legal Eagles

When a Jefferson County deputy unleashed pepper spray at unruly protesters on the first night of the Democratic National Convention, he did not know that his targets were undercover Denver police officers.
Now the American Civil Liberties Union of Colorado is questioning whether that staged confrontation by police pretending to be violent inflamed other protesters or officers during the most intense night of the four-day event.
The protest occurred Aug. 25 at 15th Street and Court Place near Civic Center. Police ultimately arrested 106 people, the highest number of arrests in a single day during the convention.
According to a use-of-force police report obtained by the ACLU, undercover Denver detectives staged a struggle with a police commander to get pulled out of the crowd without blowing their cover. The commander knew they were working undercover, and the plan was to pull them out of the crowd and pretend they were under arrest so protesters would be none the wiser.
A Jefferson County deputy, unaware of the presence of undercover police, thought that the commander was being attacked and used pepper spray on the undercover officers.
The report says that the commander and an undercover detective were sprayed, but it does not indicate how many others were affected. The report also doesn't say whether the pepper spray used on the undercover police was the first deployment of chemicals that night or whether the riot was already underway. Read article ...