Indigenous Peoples and Human Rights

April 9, 2013

Protest US Border Patrol Murder of Teen in Mexico, April 10, 2013

*español abajo*
April 9, 2013
Contact:         Hannah Hafter (651) 338 8058 (US)
Jeanette Pasos -  631 110 0395 (MX)

IMPORTANT INFORMATION ABOUT PRESS CONFERENCES: Tomorrow, April 10, 2013, we will be holding TWO press conferences in order to ensure that all press is informed about Jose Antonio's case and the failures of the U.S. justice system.  The first press conference will be held at 3:30 p.m. with the Elena Rodriguez family and their attorneys.  The press conference will take place at Hotel Fray Marcos, located on Campillo 91 in Nogales, Sonora (phone number: 631-312-1651).  The second press conference will be held after the march in the place that Jose Antonio was killed with the family, attorney, and community organizers.  Please join us for one or both of the press conferences and help us to raise public awareness about the injustice committed against the Elena Rodriguez Family.

INFORMACION IMPORTANTE SOBRE LAS RUEDAS DE PRENSA:  Para asegurar que todos los medios estén informados sobre el caso de Jose Antonio Elena Rodriguez y los fracasos del sistema de justicia de los Estados Unidos, mañana, el 10 de abril a las 3:30 p.m. habrán DOS ruedas de prensa con la familia Elena Rodríguez y sus abogados.  La primera rueda de prensa se llevará a cabo a las 3:30pm en el Hotel Fray Marcos, que está en la Campillo #91 en Nogales, Sonora (numero de teléfono: 631-312-1651).  La segunda rueda de prensa se llevará a cabo con los familiares, abogado y organizadores después de la marcha y en el lugar donde asesinaron a José Antonio.  Favor de participar en una o dos de las ruedas de prensa y ayudanos a difunidir información sobre la injusticia cometida contra la familia Elena Rodríguez. 

What: March and memorial to demand justice in Border Patrol Killing
When: Wednesday, April 10, starting at 5:30pm
Where: In Nogales, Sonora, demonstrators will meet in the “placita nueva” near the international port of entry; in the Nogales, Arizona demonstrators will gather at the corner of Grand and Crawford.
Demonstrators, Family to March April 10 to Demand Justice in Border Patrol Killing
Nogales, AZ- On Wednesday, April 10 advocates, supporters and family of José Antonio Elena Rodriguez will gather in Ambos Nogales, Arizona and Sonora, to demand justice on the six-month anniversary of his murder.
José Antonio, age 16, was shot to death by U.S. Border Patrol agents firing into Mexico on October 10, 2012, while he was walking home from work at a convenience store near the border.  Agents shot José Antonio from behind the border fence, atop a twenty-foot embankment.  Subsequent autopsy reports indicate that seven of eight bullets entered José Antonio from behind and upward through his body, indicating that agents continued to fire after José Antonio was lying prone, face forward.
Six months after the murder the Department of Justice and U.S. Border Patrol have still not released basic information about the killing or any subsequent investigation.  The names of the agent or agents responsible have not been released.  Surveillance video of the killing has not been released.  The Justice Department refuses to say whether criminal charges will or will not be pursued against those responsible.
This policy of closing ranks and maintaining a veil of silence fits a pattern involving allegations of abuse involving Homeland Security personnel.  Since 2010 more than 20 individuals are known to have been killed through excessive use of force by Border Patrol agents.  This alarming number has prompted an internal policy review by the DHS Office of Inspector General.  Yet not one Border Patrol agent has been criminally convicted for such actions.
On April 10 demonstrators will gather on both sides of the international line and proceed to a rally and memorial close to where José Antonio was shot. Half of the march on the U.S. side will cross into Mexico to join the procession there.  Speakers will include José Antonio’s grandmother, a musical group from Magdalena, Sonora who will perform a “corrido” about José Antonio’s killing, and repatriated migrants who will offer testimony about their experiences of abuse at the hands of the Border Patrol.
Demonstrators are demanding justice for José Antonio, information on the status of any investigation, that video from the night of the shooting and the names of the responsible agents be released, an end to impunity for Homeland Security agents, and an end to the militarization of the border.  Any immigration proposal that does not address the human rights crisis fed by U.S. border militarization is unworthy of the name “reform”.
The march is sponsored by HEPAC, No More Deaths, Coalción De Derechos Humanos, The Kino Border Initiative, San Toribio Romo, Samaritans-Green Valley & Sahuarita, Samaritans-Tucson, and Yo Soy 132 Nogales.

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- Para distribución inmediata-
09 de abril 2013
Contacto:         Hannah Hafter (651) 338 8058 (US)
Jeanette Pasos -  631 110 0395 (MX)

Qué: marcha y memorial para exigir justicia en el asesinato de José Antonio Elena Rodriguez
Cuándo: miércoles, 10 de abril a partir de las 5:30 pm
Dónde: En Nogales, Sonora, los manifestantes se reunirán en la "nueva placita", cerca del puerto internacional de entrada, y en el de Nogales, Arizona manifestantes se reunirán en la esquina de Grand y Crawford.
Manifestantes y Familiares se Marcharán el 10 de Abril Para Exigir Justicia en el asesinato de José Antonio Elena Rodriguez
Nogales, Son.-el Miércoles, 10 de abril partidarios, simpatizantes y familiares de José Antonio Rodríguez, Elena se reunirán en Ambos Nogales, Arizona y Sonora, para exigir justicia en el aniversario de seis meses de su asesinato.
José Antonio, de 16 años, fue matado a tiros por agentes de la Patrulla Fronteriza el 10 de octubre de 2012, mientras caminaba en el lado Mexicano a casa desde el trabajo en una tienda cerca de la frontera. Los agentes dispararon José Antonio desde detrás de la valla fronteriza, sobre un terraplén de seis metros. Informes posteriores indican que siete de las ocho balas entraron a José Antonio desde atrás y hacia arriba a través de su cuerpo, lo que indica que los agentes continuaron disparando después de que José Antonio estaba boca boca abajo, adelante.
Seis meses después del asesinato, el Departamento de Justicia y la Patrulla Fronteriza de los EE.UU. todavía no han publicado información básica acerca de la muerte o cualquier investigación posterior. Los nombres del agente o agentes responsables no han sido puestos en libertad. Un video de vigilancia de la matanza no ha sido liberado. El Departamento de Justicia se niega a decir si o no se llevará cargos penales a cabo en contra de los responsables.
Esta política de cerrar filas y mantener un velo de silencio se ajusta a un patrón de denuncias de abuso que involucran agentes del Departamento de Homeland Security de EE.UU. Desde 2010 más de 20 personas se sabe que han sido asesinados por el uso excesivo de la fuerza por parte de agentes de la Patrulla Fronteriza. Este número alarmante ha llevado a una revisión de la política interna de la agencia por parte de la Oficina del Inspector General del DHS. Sin embargo, ni un agente de la Patrulla Fronteriza ha sido penalmente condenado por tales acciones.
El 10 de abril se reunirán manifestantes en ambos lados de la línea internacional y proceder a una manifestación y memoria a José Antonio, donde fue fusilado. La mitad de la marcha en el lado de EE.UU. cruzará a México para unirse a la procesión allí. Entre los oradores figurarán la abuela de José Antonio, un grupo musical de Magdalena, Sonora, que llevará a cabo un "corrido" sobre la muerte de José Antonio, y algunos migrantes repatriados quien declarará sobre sus experiencias de abuso a manos de la Patrulla Fronteriza.
Los manifestantes están exigiendo justicia para José Antonio, información sobre el estado de cualquier investigación, que el video de la noche de los disparos y los nombres de los agentes responsables de ser puesto en libertad, el fin de la impunidad de los agentes de Homeland Security, y el fin de la militarización de la frontera. Cualquier propuesta de inmigración que no aborda la crisis de derechos humanos alimentados por la militarización de la frontera de EE.UU. es indigno del nombre de la "reforma".
La marcha es patrocinado por HEPAC, No Más Muertes, Coalción De Derechos Humanos, la Iniciativa Kino, San Toribio Romo, los samaritanos-Green Valley & Sahuarita, los samaritanos, Tucson, y Yo Soy 132 Nogales.

Cheyenne River Indigenous Water Summit May 22 -- 24, 2013

CHEYENNE RIVER HOHWOJU LAKOTA OF THE GREAT OCETI SAKOWIN
Cheyenne River Sioux Tribe of the Seven Sacred Council Fires
Invites All Indigenous of the Eagle+Condor Nations

INDIGENOUS WATER SUMMIT
May 22-24, 2013

Seeking a Summer of Solidarity with Indigenous Nations throughout the Western Hemisphere in combating the world water crisis, impacts of climate change and environmental racism, the Cheyenne River Hohwoju Lakota Nation will host a three-day Indigenous Water Summit this spring on Lakota homelands in Eagle Butte, South Dakota.

The first annual Indigenous Water Summit will offer a global platform for the leading minds from the Indigenous water community to gain solidarity, achieve water justice and promote water sustainability through the protection, restoration and management of freshwater stores.

The 2013 Summit will bring together Indigenous leaders, environmentalists, scientists, policy makers, grassroots activists and tomorrow’s leaders to discuss the need to take immediate action in tackling the urgent challenges of water scarcity, access and security; to accelerate the development of sustainable water solutions; and to achieve a unified plan for preserving pure water for future generations and maintaining Indigenous control over water on Indigenous homelands.

Participants from throughout the Indigenous community will present information, offer solutions and develop policy to reverse climate change and mitigate water scarcity brought on by the misuse and poor management of freshwater stores. They will examine the growing water crisis from three perspectives: water safety, water security and water sovereignty.

Day 1 Water Safety - bring awareness of the imminent dangers that threaten our access to pure water through the depletion, pollution and usurping of our freshwater supplies and discuss methods to strengthen and align defenses against these destructive forces.
Day 2 Water security - identify solutions through traditional knowledge and modern technologies to restore our natural climate, fresh water sources and sustainable ecosystems through rainwater retention, watershed restoration and the repair of the water cycle.
Day 3 Water sovereignty - develop a water management plan for large-scale rehabilitation of damaged ecosystems on Indigenous held lands and attain a united position among attending nations on sovereign governance and defense of Indigenous water rights.

Invitations are extended to Indigenous Nations from the Yukon to the Amazon to come to the Hohwoju Lakota Homelands in Eagle Butte, South Dakota on May 22, 23 and 24, 2013. We urge you to take this unique opportunity to enter a dialog of mutual respect with global politicians, water experts, traditional leadership and Indigenous youth to gain solidarity in thought and action in defending our tribal waters and insuring a sustainable water future for all Indigenous peoples upon ancestral homelands.

Should you have any questions regarding the Indigenous Water Summit please contact:
Mni Indigenous Water Summit Planning Team at: www.facebook.com/Mni.Water
Candace Ducheneaux - candacedx@yahoo.com
Linda Tioleu Bishop - lakota_ethnobotanist@hotmail.com
Karen Ducheneaux
Look for our coming Schedule of Events Zintkala Luzahan

Mohawk Nation News 'Fatally Flawed'

mnnlogo1

FATALLY FLAWED




MNN. APR. 9, 2013. In Thahoketoteh of Kanekota and the Queen, T2007-12, the decision went against the constitution and “the rule of law”. Federal and provincial laws are applied to Six Nations by violating constitutional law, such as the Royal Proclamation being superseded by Corporation of Canada statutes. Canada is not a constitutional democracy as s. 109 of the British North America Act 1867 is being deliberately ignored. No legal reasons were given other than that Thahoketoteh did not state strong enough facts, for them to hear the issue.
Snider: "This guy doesn't know when to qauit!"
Snider: “This guy doesn’t know when to quit!”

In 2004 Thahoketoteh carefully chose an empty property in Kanekota, Lot 1 Concession 11, Clearview Township. Jim Flaherty, Minister of Finance, illegally claimed it, through a numbered company, probably with off-shore ties. He built a sprawling estate on it. Thahoketoteh pleaded  constitutional injury  headed by a minister of the government? What could be stronger than that?

Judge Snider ignored Thahoketoteh’s sufficient evidence of residency and Mohawk-ness. She accused him several times of being “fatally flawed”!  
The court ruled the existence of a trust relationship between Kanionkehaka/Mohawk Nation and the crown, which has been breached.   
Flaherty: "This can't be my final barbecue at Kanekota!"
Flaherty: “This can’t be my final barbecue at Kanekota!”
The Royal Proclamation is merely a royal prerogative that may be illegally displaced by a subordinate admiralty statute, violating their constitution. The proclamation was revoked by the subordinate Quebec Act 1774 UK, as it relates to the government and administration of justice in Quebec and Southern Ontario. Their written and oral arguments did not prove this. Our land remains unsurrendered and cannot be taken without our knowledge or consent. 
The court ruled that, “The Royal Proclamation cannot preclude the application of federal and provincial law”. Constitutional law does not have to be followed, if it doesn’t suit the corporation’s interest. Canada is a pretend democracy with no real constitution. 
“The Royal Proclamation was revoked and cannot override federal and provincial law” at Kanekota, that Thahoketoteh’s interest made “the proclamation irrelevant”. The 1784 Royal Proclamation protects the Mohawk from encroachment forever.  

In principle Canada must provide peace and protection to the Mohawk of Kanekota. The court said that this dispute resolution mechanism crafted over three hundred years ago [Mohegan 1704] does not apply to disputes between First Nations and the Crown.  According to the 1932 Westminster Act Canada was supposed to create a constitution ratified by the people. This never happened. Canada remains a colonial corporation, without a constitution or Bill of Rights.   
British High Command: "Next stop Kanekota. We're on our way to kick out, Thahoketoteh".
British High Command: “Next stop Kanekota boys.
The court respects our arguments, then says, “Even if it did, s. 109 and s. 129 of the Constitution Act 1867 would not preserve this right of protection. Any appeal to the British Privy Council created by the 1704 Order in Council was abolished in 1949 by the Supreme Court Act. The Supreme Court has given itself exclusive ultimate appellate civil and criminal jurisdiction within and for Canada”, in their Admiralty court system. 
As Thahoketoteh explained to Captain Brown of the British Military, all courts in Canada are Admiralty ”law of the seas” courts. They claim jurisdiction of 250 miles from the coast and all inland waterways, except the water under the Grand River. The British military will protect this water for “us and our posterity forever”, as they are under military order to do so. Indigenous law has been violated since the fake war of 1776 and 1812. Military rule remains in place. General Sir Peter Wall, Chief of General Staff of the British Army is put on notice to enforce a standing Order left by the highest ranking general in the history of the British military. He must come and physically retake Kanekota. 
The court struck down Thahoketoteh’s action and he was ordered to pay $500 court costs. He will appeal. This carefully crafted decision to evade the rule of law means we are right. The court is following along the same old path and and avoiding the elephant in the living room,   breaking the rule of law. As the Bangles spin, “They are now walking like an Egyptian
Section 109: The elephant will take over the room and crowd you guys out.
Section 109: “The elephant is here to stay!”
All readers please donate anything you can at this time. 
MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0. 

April 8, 2013

Apache Artist Andrew Goseyun Morrison artwork may be lost forever in Seattle



By Sandra Rambler
Censored News


Apache Artist Andrew Goseyun Morrison artwork may be lost forever in Seattle, Washington

Seattle — After school officials at the Indian Heritage Middle College passed a capital levy last month to tear down their aging building and replace it with two new schools, the five large scale 25-foot high murals painted by 31-year-old native of Apache and Haida descent, Andrew Goseyun Morrison, may be lost forever.
            Artist Morrison, the son of San Carlos Apache tribal elder, Elesta Goseyun Morrison, began painting the murals which can be seen for blocks in North Seattle at the Wilson-Pacific school campus.  The paintings of Chief Joseph, Chief Seattle, an acquaintance and friends and most notably, an Apache Mountain Spirit Dancer have become part of the Native American community in this region.
            The school officials have been asked by members of the community including Sarah Sense-Wilson, Chairwoman of the Urban Native Education Alliance and coordinator for the Clear Sky Youth Council and Dr. Kelvin Frank, Executive Director of the United Indians of All Tribes Foundation, to renovate the aging building at Wilson-Pacific rather than replace it.  Their main intent is to save the murals.
            The Indian Heritage Middle College created in 2000 was designed to help Indian students by offering community college courses and cultural offerings.  These students have their own classrooms and their own instructors. 
            Artist Morrison stated in an interview, “My grandparents are David and Edna Wright Goseyun from Bylas, Arizona.  I take a tremendous amount of pride in carrying on the legacy of  my grandparents.  Before my grandmother, Edna, went to Heaven, she was able to hold me as a baby infant and she gave me an Apache name which meant, ‘The Boss All Around.’  My mother, Elesta, gave me the middle name of ‘Goseyun’ so that our family’s legacy and strength can continue in my life.  As a baby, my mother Elesta, would speak the Apache language into my ears before I could ever speak.  When I began to walk, she would speak the Apache language into my spirit.”
            “I spent much of my childhood on the San Carlos Apache reservation in Bylas and San Carlos and on the White Mountain Apache reservation in Whiteriver, Arizona.  We would eat handmade tortillas filled with potatoes and eggs.  Our cousins, Baby D, Jello, Plumber, Daniel and Tonya would take me way out into the desert countryside and we would catch grass hoppers, make slingshots out of old tires, carve spears out of sticks and pursue catfish in the rivers.  Our Auntie Angie and Uncle Eugene Nozie, who are now in Heaven, would speak Apache to me and I would nod my head in agreement.”
            “Many hot summer nights were spent at our Auntie Martha and Uncle Dempsey’s home.  The nights were so warm that we would have to throw our blankets in tubs of cold water and then wrap ourselves with these wet blankets.  As a child, many times I remember my mother, Elesta, bathing me in a tin bucket in the backyard by the ant hills.  As children, we would stomp our feet and cast off these ants!  Many times, I heard stories of scorpions that are as big as cats and a woman with a basket that would kidnap children who did not go to sleep on time.”
            At the age of 14 years old, I made a pilgrimage to Bylas, Arizona, with my artwork in hand and met with the prestigious artist, Douglas Miles.  It was a moment that changed my life forever that will always be engrained in my mind, body and spirit.  Douglas congratulated me on my creations and gave me an original print with the hand written note, ‘Keep creating works of art,’ and I have held onto this print all these years and protected it from harm.”
            “When I begin to create artwork, these are just some of the memories that are circulating within my mind, body and spirit.  These memories of a rich childhood and an even richer family lineage manifest through my hands of creation.  My hands of creation are tools that the Almighty Creator has given me.  Since my earliest memories, I have had a rich relationship with the Creator.  My father, a Haida Gwaii Native American tribal member from Hydaburg, Alaska and my mother from the San Carlos Apache Tribe, instilled me with a deep belief in the power and grace of God.  Before I create, my spirit is centered and my soul is grounded.  My creation process is a natural process and it is always in harmony with the earth.  I pray throughout the entire day from the time I wake until the time I retire to sleep.” 
“On days that I know I will be creating great works of art, from the moment my eyes open, I am initiating prayers.  I pay homage to my patron deities, guardian angels and the Almighty Creator that created heaven, earth and the universe.  From this point on, I am counting my blessings and becoming more grateful by the second.  This process is an intense siege of positivity and by the time I am in front of my canvas or wall, I am naturally elated from true benevolence.”
“Being born and also raised in the metropolitan city of Seattle, Washington, I have always found the Indian Heritage High School in North Seattle to be a safe haven for not only myself but thousands of Native Americans that call Seattle their home.  The Indian Heritage High School was founded because there was a need for the Indian community to feel real love and real charity in the metropolitan city of over 2 million people.  Over the last 50 years, hundreds of thousands of Native American people of all tribes have flocked to the urban Seattle area because of the relocation programs to seek better employment than what was offered on their reservations.”
“In 2001, I was volunteering at the Indian Heritage High School and I had a vision quest to paint murals on the dormant walls of the school.  I felt the need to enrich this land, enrich these grounds, enrich this program and surround these beautiful Native American Indian children with breathtaking artwork.  I began painting these murals as a labor of love and did not stop painting for 10 years.”
“The last mural I painted at Indian Heritage High School was completed in 2011.  I wanted and still want the beautiful Indian people to love themselves and love the beautiful Native American images that now cover the entire cafeteria and gymnasium of Indian Heritage High School.  Historically, the Seattle area was home to the Coast Salish people.  Chief Seattle, the founding father and namesake of the city, is a Duwamish and Suquamish tribal member.  In 2002, I had a vision quest to make a commemoration of this great warrior Chief on the wall of Indian Heritage High School.  I wanted the entire world to see and experience his great image.  When the 25-foot tall commemoration was completed, the Mayor of Seattle came out to attend the unveiling ceremony.”
“In 2007, I had another vision quest to make a commemoration of another great warrior Chief from the Pacific Northwest region, Chief Joseph, who is a Nez Perce and his ancestral lands stretch across Washington State, Canada, Oregon, Idaho and Montana.  Chief Joseph was captured and laid to rest in Nespelem on the Colville Indian Reservation in Eastern Washington.”
“I have lifelong friends and family from Nespelem that grew up close to the burial site of this great Chief Joseph.  Therefore, I felt it was fitting and it was appropriate that I paint this great warrior’s image on the wall for the entire world to see.  When this 25-foot high commemoration was completed in 2007, Brooklyn Baptiste, Vice-Chairman of the Nez Perce Tribe came out to Seattle and blessed the walls with sage, songs and prayer.  This process of progress, commitment to the Indian community and benevolence of love for all living creatures is what was poured into the paintings I created at Indian Heritage High School in Seattle, Washington,” concluded Artist Morrison.
Some of Morrison’s artwork can be found in Illinois, Oregon, Alaska, Idaho and many places throughout Washington State including the Snoqualmie Casino, El Centro La Raza and Edmonds Community College.
Lenora Robertson, member of the San Carlos Apache Elder’s Council, pointed out in her native Apache language, “I am shocked that the school officials would want to destroy the artwork of our Apache relative in Washington.  We need to help him because of the painting of the Apache Mountain Spirit Dancer is something you don’t mess with.  To us, the Apaches, this is a holy being that communicates directly with our Creator and heals us and protects us from harm.”
“My late father, George Starr, Sr., danced as an Apache Mountain Spirit Dancer since he was young and he taught us to respect our Apache way of life.  This Apache Mountain Spirit Dancer is still part of our lives today as we celebrate the coming of age ceremony for our young Apache girls as they are initiated into womanhood.  This makes me sad that we are far away from where this artist is but those murals should not be destroyed.  It is now part of Indian Country.  In the Elder’s Council, we have meetings on the Native American Graves Protection & Repatriation Act (NAGPRA) that helps preserve our cultural items,” concluded Spiritual Leader, Lenora Robertson.
“I have seen Andrew’s work and it is truly amazing and inspiring,” said Dorothea Stevens an advocate for the Peridot Strategic Tribal Empowerment Prevention Program (STEPP) Coalition that works with youth and adults to address issues of alcohol and drug prevention.
“I grew up under my grandfather, David Dan Goseyun, who was an Apache Mountain Spirit Dancer.  We were always at traditional ceremonies.  Early in the mornings, the last dancer of the group of five Apache Mountain Dancers for each ceremony, whom we refer to as the ‘clown’ would wake us up.  We were taught certain ways especially to respect our Apache culture and way of living.  When it comes to the Apache Mountain Spirit Dancer, we were not supposed to know who they were and not to mess with them because it was messing with our Creator.  You had to show respect at all times.”
“After I found out that these murals that Andrew painted may be destroyed, it sent off an alarm in my mind.  My first impression was that they cannot take it apart.  To us, the mural of the Apache Mountain Spirit Dancer is sacred and I thought, oh no, we have to save it!”
“There has to be some way these murals can be saved.  Either bring it back here to San Carlos or maybe the tribes there around Seattle, Washington, can save it and put it on their reservation. “
“The Apache Mountain Spirit Dancer is part of us and the thought of desecrating a part of our culture was very emotional to me.  These people, they don’t understand and they have no idea what it is to be a Native American Indian.  This is especially true to me and my family because of the way we were raised, very traditional.  We were taught all these things every day as we were growing up.  The priority should be not to take the murals a part and bring it back here to our reservation or put it somewhere where no one will do away with it, but rather preserve it.   My main concern is for the Apache Mountain Spirit Dancer.  These murals could be placed at Native American museums, Smithsonian or even at the Heard Museum, but all I’m saying is to preserve it and I don’t know how much it would cost to do all that.”
“The Wall located in the old city of Jerusalem is considered the most sacred site recognized by the Jewish faith.  We, the Native American Indians, also have sacred sites but we never get that same recognition.  Our native religion has been passed on to us since the beginning of time,” concluded Stevens.
Meanwhile in California, State Assemblyman, Mike Gatto (D-Los Angeles) introduced Assembly Bill 52 in December 2012 which called for, “…legislation to improve the protection of sacred and cultural sites by requiring developers to consult with the appropriate tribes prior to projection initiation.”
            Assemblyman Gatto publicly stated, “I think the State of California has not been a great custodian of our history.  After everything we’ve put our Native people through, it would be really wrong and a travesty if we allowed sacred sites to disappear.”
            The bill was introduced after the California tribes reported that, “…sacred sites and burial sites are too vulnerable to vandalism and destruction that comes about through development.”
            It appears that more tribes in Indian Country are now asking for consultation by developers before their plans are drawn and finalized in conjunction with laws created by the federal government through the National Environmental Policy Act (NEPA), Native American Indian Religious Freedom Act (NAIRFA) and the Native American Graves Protection & Repatriation Act (NAGPRA).
            NAGPRA laws passed on Nov. 16, 1990 under P.L. 101-601, entails “…the Act requires federal agencies and institutions that receive federal funding to return Native American cultural items to lineal descendants and culturally affiliated tribes cultural items include human remains, funery objects, sacred objects and objects of cultural patrimony.”
            NAGPRA also entails, “…establishes procedures for the inadvertent or planned excavation of Native American cultural items on federal or Indian lands.  While these provisions do not apply to discoveries or excavation on private or state lands, the collection provisions of the Act may apply to Native American cultural items if they come under the control of an institution that receives federal funding.”
            The nearly 40-year-old building called the Indian Heritage High School has helped educate thousands of Native American Indian children in Northern Seattle, Washington. Letters to oppose the destruction of the artwork of tribal member, Andrew Morrison can be emailed to vhwallace@seattleschools.org or contact Superintendent, Jose Banda at (206) 252-0168.
            School officials at Indian Heritage Middle College were unavailable for comment.