Indigenous Peoples and Human Rights

March 13, 2007

Sierra Club thanks Native activists and attorney

From the Sierra Club:

Hey All:

It is a new day for the tribes of America in their efforts to protect sacred areas on federal lands.

Justice has been served.

It was incredible to hear from many people around the country who have been inspired by this legal decision. I received thanks and congratulation on behalf of Sierra Club from tribal medicine men, National Monument Superintendents, professors, students and simple folks who love this mountain like a family member. The phone was off the hook. Many cried when I told them the news and a light shined through.

A big thanks to all those who have written letters, poems and marched with signs like, “Snowbowl: Where the effluent meets the affluent.” This was a huge, multi-year effort by not only the Sierra Club, but countless tribal members and other environmental voices shouting out against the injustice of snowmaking on the Peaks.

A special thanks to Howard Shanker and his legal strategy that proved to be a winner. Not only for the Snowmaking issue, but for tribe across the country who now have another legal arrow in their quiver to protect sacred lands.

In addition, I want to acknowledge Robert Tohe’s leadership in this issue and thank him for providing the Sierra Club voice in this struggle through the Sierra Club’s EJ program. He has been there working on maintaining the unity between the tribes in this court case. Additional Sierra Club leaders had a big impact on the outcome of this case including Dr. Paul Torrence who provided the evidence that the reclaimed water could impact human health if consumed.
The Sierra Club’s Plateau Group and Grand Canyon Chapter have always been in support of this legal struggle through thick and thin and they should be commended.

I think everyone realizes that there were amazing activists involved that carried this struggle through countless events, concerts, rallies and meetings. Klee Benally and the entire Benally family have provided a consistent inspiration in their leadership for this issue. Kelvin Long with ECHOES along with Klee kept the international community aware of this issue and kept the pressure on Snowbowl. Sharon Galbreath’s leadership has been equally powerful and consistent throughout the years and has been a strong voice on strategy.

Thanks to all the tribal leaders who have advocated for the protection of the Peaks for decades including Leigh Kuwanwisiwma, and many others……

From a personal stance, I am deeply relived that we prevailed and that the snowmaking plan is dead for now. I know that many prayers were made to allow this outcome and I am happy that people’s prayers have been answered.

Even if Snowbowl and the Forest Service appeal to the Supreme Court, it will be years before this will be heard. Their official timeline for appeal is 90 days, Mr. Shanker predicts. There are many next steps that Robert Tohe will work on in the future to make sure this does not come up again and that the Peaks are respected.

Below are a few articles that have come out. Great work everyone!!!!

Andy Bessler
Sierra Club's Environmental Partnership Program
P.O. Box 38
Flagstaff , AZ 86002
928-774-6103
fax 774-6138
cell 928-380-7808
andy.bessler@sierraclub.org
www.sierraclub.org/partnerships/tribal

Save the Peaks Celebration Phoenix

Subject: Victory for the Peaks rally in PHX 10/17!!!
Who: People of all cultures, nations, religious beliefs and backgrounds
What: Rally and celebration for the preservation of the San Francisco
Peaks! Come out and bring your drums, flutes, whistles and other musical
instruments as well as signs, banners, etc...
When: Saturday Mar. 17th @ 5 PM
Where: Indian Steele Park @ 3rd St. and Indian School in downtown PHX
Why: The Ninth Circuit Court of Appeals in San Francisco has ruled in
favor of the tribes, environmentalists and community members fighting to
save the Peaks! This is a monumental decision in future cases and fights
for the preservation of sacred sites, as well as the struggles over public
health concerns of ALL communities.
Spread the word. Celebrate! Activate! Perpetuate! For all sacred sites!

March 12, 2007

Sierra Club: Federal court rules for tribes on snowmaking

Sierra Club


FOR IMMEDIATE RELEASE CONTACT:
March 12, 2007 Robert Tohe 928-774-6103
Oliver Bernstein 512-289-8618


Federal Court Blocks Artificial Snowmaking at Resort near Sacred Lands
Sierra Club, Tribes Declare Justice Served with Groundbreaking Decision that Protects Peaks and People

SAN FRANCISCO – Today, the San Francisco 9th Circuit Court of Appeals delivered justice to the sacred San Francisco Peaks and the Southwest tribes that consider it sacred by stopping the development of the Arizona Snowbowl Resort and Coconino National Forest Service’s proposed artificial snowmaking plan.

Sierra Club, various tribes and other appellants argued successfully that using treated sewage to make artificial snow would violate the environmental justice of the tribal communities and would pollute the land, air and water.

“This is a national wake up call for those that will try to desecrate sacred mountains like the San Francisco Peaks,” said Robert Tohe, Environmental Justice Organizer for the Sierra Club in Flagstaff , Arizona . “We will not allow our voices to be ignored.”

The San Francisco Peaks, north of Flagstaff , Arizona , are sacred to13 tribes, and are important spiritual and geographic boundaries.

“I am really thankful and deeply appreciate the 9th circuit court’s decision,” said Bucky Preston, one of the Hopi plaintiffs. “Some of the judges in the courts must have a good heart and looked deeply into themselves to realize that the Peaks are so sacred to us and they understood our beliefs.”

This overruling of a district court decision is one of the most important in recent years under the Religious Freedom Restoration Act. In addition to finding that the plan would have desecrated this sacred area, the court decided that the U.S. Forest Service failed to fully disclose the risks posed by human ingestion of artificial snow.

Read the full court decision at

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/64C37FB597BF2F848825729C0058BFE8/$file/0615371.pdf?openelement


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Andy Bessler
Sierra Club's Environmental Partnership Program
P.O. Box 38
Flagstaff , AZ 86002
928-774-6103
fax 774-6138
cell 928-380-7808
andy.bessler@sierraclub.org
www.sierraclub.org/partnerships/tribal

March 10, 2007

Salt River: Indigenous Peoples Day resolution

SALT RIVER PIMA-MARICOPA
INDIAN COMMUNITY
10,005 E Osborn Road
Scottsdale, AZ 85256


A RESOLUTION TO PROCLAIM MARCH 12, 2007 AS INDIGENOUS PEOPLES DAY AND TO AFFIRM THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES ADOPTED BY THE UNITED NATIONS HUMAN RIGHTS COUNCIL.

WHEREAS, the Salt River Pima-Maricopa Indian Community Council (the “Council”) has the authority pursuant to Article VII of the Constitution of the Salt River Pima-Maricopa Indian Community (SRPMIC or “Community”) to exercise any power vested in the Community within the bounds of the Community Constitution and applicable federal law; and

WHEREAS, the United Nations has proclaimed the Second International Decade of the World's Indigenous Peoples for the period of 2005 - 2015 by General Assembly Resolution on December 22, 2004; and

WHEREAS, the City of Phoenix and the Arizona House of Representatives have expressed recognition and support for Indigenous Peoples by passing similar resolutions declaring March 12, 2007 as Indigenous Peoples Day; and

WHEREAS, the SRPMIC has a considerable number of enrolled tribal members who currently reside within the City of Phoenix, as well as other cities located in the Phoenix metropolitan area; and

WHEREAS, the SRPMIC recognizes our relationship and solidarity with the Pima and Maricopa people of our Community, our three sister tribes which include the Ak-Chin Indian Community, Gila River Indian Community and Tohono O’Odham Nation, our Pima relations located at the U.S.-Mexico border, the tribes of Arizona, other Indigenous Peoples of the North and South America, and all Indigenous Peoples throughout the world; and

WHEREAS, the SRPMIC supports a regional approach to community development that integrates respect for the principles of COMMUNITY ECOLOGY in terms of urban systems, territories, and Sacred Sites of the Indigenous Peoples.

NOW THEREFORE BE IT RESOLVED that the SRPMIC Council proclaims today, March 12th, 2007 as INDIGENOUS PEOPLES DAY.

BE IT FURTHER RESOLVED that the SRPMIC affirms throughout our tribal lands the United Nations Declaration on the Rights of Indigenous Peoples adopted by the UN Human Rights Council on June 21, 2006, as an expression of the minimum standards of recognition of the rights of Indigenous Peoples.

BE IT FURTHER RESOLVED that the SRPMIC appreciates the City of Phoenix and the Arizona House of Representatives’ recognition and support for Indigenous Peoples.

BE IT FINALLY RESOLVED that the President or the Vice-President is hereby authorized and directed to take all reasonably necessary steps to and in aid of carrying out the purpose and intent of this Resolution.