Indigenous Peoples and Human Rights

March 11, 2009

Censored News Blog Radio

Department of Justice launches investigation of racist Arizona sheriff


DOJ Launches Investigation of Sheriff Joe Arpaio: Advocates Call for Immediate Termination of Contract

Press Conference on Capitol Hill, 1 pm, March 11, 2009
By Chris Newman
323-717-5310
newman@ndlon.org

PHOENIX -- On March 10, Acting Assistant Attorney General Loretta King sent a letter to Sheriff Joe Arpaio announcing a Department of Justice investigation of alleged "discriminatory police practices and unconstitutional searches and seizures conducted by the MCSO," among other alleged violations of federal law. A copy of the letter is available here.

The formal investigation follows a request by Congressman Conyers that the DOJ take action to respond to myriad complaints of racial profiling in Maricopa County. Phoenix Mayor Phil Gordon first requested a DOJ investigation nearly a year ago. And on February 28, over 5,000 people marched four miles through Phoenix to ask the the federal government to immediately terminate its 287g(g) contract with Joe Arpaio.

On March 11, at 1 pm, advocates from across the country and civil rights leaders will join elected officials, including Congressman Conyers and Maricopa County Supervisor Mary Rose Wilcox, to discuss the investigation in a press conference on Capitol Hill.

"We are very hopeful a Department of Justice investigation will vindicate the rights of people who have been terrorized by Sheriff Arpaio," said Salvador Reza of the PUENTE movement in Phoenix, AZ. "We also hope the Obama administration will immediately terminate the US government's 287(g) contract with Maricopa County while the judicial process takes its course."

"The federal government has the obligation to reform immigration laws and to uphold the Constitution," said Pablo Alvarado, director of the National Day Laborer Organizing Network. "Its failure to act has resulted in an emerging civil and human rights crisis."

Video footage from Maricopa County is available at www.ndlon.org
Chris Newman, Esq
Legal Director
National Day Laborer Organizing Network
675 South Park View Street, Suite B
Los Angeles, CA 90057
newman@ndlon.org
(213) 380-2785
(213) 353-1344 [fax]
www.ndlon.org

March 9, 2009

Listen: Defending Native Sacred Places in California and Western Shoshone Territory

by Brenda Norrell
Censored News
http://www.bsnorrell.blogspot.com/

SAN FRANCISCO -- Listen online to Native American speakers at the "Indigenous Peoples Struggles to Defend Sacred Places," held Saturday in San Francisco.
Speaking on the ongoing struggles to defend sacred places in the audio, "Indigenous Defenders Sacred Places," are: Ann Marie Sayers, Ohlone, with Morning Star Gali, Radley Davis and Mark LeBeau, Pit River. Carrie Dann, Western Shoshone, with Julie Bill of the Western Shoshone Defense Project, speak on the efforts to halt Barrick Gold from destroying sacred Mount Tenabo. The seminar was presented by the International Indian Treaty Council. Audio production by Govinda Dalton at Earthcycles.
Listen to "Indigenous Defenders Sacred Places," 90-minute show at:
http://www.blogtalkradio.com/Brenda-Norrell

March 8, 2009

Black Hills Treaty Fishing: Galvanizing Sovereignty and Law



SOUTH DAKOTA ATTORNEY GENERAL: 'I’VE NEVER READ THE FT. LARAMIE TREATIES'

By Natalie Hand
Censored News
http://www.bsnorrell.blogspot.com

PINE RIDGE, S.D. -- What began as an attempt to exercise sovereignty at Sheridan Lake in the Black Hills last summer, now has Russell Means in deep water with South Dakota law enforcement.

On Tuesday, March 3, 2009, a Pennington County judge issued a bench warrant for Means arrest after he failed to appear in court for a charge of fishing without a license.

“I do not understand why the State is continuing to press for a major court trial when they know I have petitioned to have this case heard in federal court. This is a constitutional issue, which means that local courts have no jurisdiction and they know this," Means said.

However, South Dakota Attorney General Larry Long disagrees. In a telephone interview, Long contended, “There is no distinction between a Native American and a non-native in this State. If either is breaking our laws in the Black Hills, they will be arrested. The State does have jurisdiction over Indians here.”

“Furthermore, why are they bringing in a magistrate from Pierre to hear this case?” questioned Means.

“I would speculate that all the Pennington County judges have disqualified themselves because they all live in the Black Hills. For that reason I would suspect that they appointed someone from outside the Circuit," Long said.

When asked whether or not Means had a valid argument to move his case to a federal court based on constitutional rights violation, Long replied, “Mr. Means ‘claims’ that the Black Hills is treaty territory and that South Dakota has no jurisdiction over him. I don’t believe that he has any rights to fish without a license under the U.S. Constitution.”

Means reference to the U.S. Constitution pertains to Article VI, which states: “ . . . This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby . . .”

In his application to move his case to federal court, Means contends that he is within his inherent rights under the 1868 Ft. Laramie Treaty.

“I have never even read the Ft. Laramie Treaty," Long admitted.

“Russell is within his rights under the 1868 Ft. Laramie Treaty. He Sapa, the sacred Black Hills, is within our treaty territory. That treaty is a living document. We have a Nation-to-Nation agreement with the U.S. More of us Lakota need to exert our sovereign power. The U.S. has violated the Treaty, which they authored. They have offered us compensation. We have refused it. We will never sell the Black Hills. It is what defines us," stated Floyd Hand, an Oglala Lakota and delegate to the Black Hills Sioux Nation Treaty Council.

A Federal Court clerk confirmed that Means filed a complaint in October, 2008 to move the case to Federal Court. The State filed for a continuance on January 12th and it was granted the next day.

Long concluded, “I suspect that Mr. Means’ application is unique. I would assume that someone has written a response not to touch this.”

To date, no hearing date has been scheduled. There is no deadline for a federal judge to rule on Means’ petition.