Indigenous Peoples and Human Rights

June 27, 2012

Trail of Broken Promises reaches DC from Kansas

WALKERS END JOURNEY IN WASHINGTON, DC,
FOR THE PRESERVATION OF SACRED PLACES

 
By Millicent M. Pepion 
Minipah@msn.com
Censored News
http://www.bsnorrell.blogspot.com

LAWRENCE, Kansas -- On May 13, students from several universities left Kansas on a two-month journey to Washington, DC, to save the Wakarusa Wetlands, Lawrence's only remaining indigenous wetland prairie, from becoming the South Lawrence Trafficway (SLT). They call the journey the Trail of Broken Promises.

Tomorrow, Thursday, June 28, they will walk from Arlington Cemetery at 9 am, to the White House, ending at the steps of Congress where they will endorse the Protection of Native American Sacred Places Act, a draft piece of legislation which will protect sacred places.

The primarily on-foot trek attempts to address the difficulty of preserving sacred places within Indian Country by raising awareness of the WakarusaWetlands. Prompted by the proposed highway construction through the wetland behind Haskell Indian Nations University campus, the students traveled 21 days on the 1838 Potawatomi Trail of Death route to show appreciation to communities maintaining markers of remembrance.

The Trail of Broken Promises led them through 9 states ending in Washington D.C. 

The draft piece of legislation the students carry would amend the American Indian Religious Freedom Act of 1978, "to provide a right of action for protection of Native American Sacred Places," such as the WakarusaWetlands. It has been approved by the National Congress of American Indians.
The wetlands adjoin Haskell Indian Nations University, and have been used for ceremony, prayer, and education since Haskell's founding as a boarding schoolin 1884.

"Fighting to save the Wakarusa Wetlands extends beyond our campus," Mike Ofor, a student on the walk said. "Our journey recognizes all Native Americans and all sacred places left vulnerable to developers' agendas."

The Trail of Broken Promises needs help returning home from the capitol with donations for gas and provisions. All donations can be sent through Paypal to minipah@msn.com.
Here are links to articles that document their progress and ToBP2012 websites:
http://kansaspublicradio.org/kpr-news/haskell-students-to-visit-washington-promoting-site-preservation
http://www.nativetimes.com/news/environment/7212-students-walk-to-protect-native-sacred-places
http://www.kansascity.com/2012/05/14/3612652/students-protest-south-lawrence.html
http://www.lexington-news.com/LN_detailheadline.asp?key=16491&itemNumber=0&fb_source=message
http://www.richmond-dailynews.com/?p=10519&fb_source=message
http://www.kmzu.com/native-americans-walking-to-d-c/
http://www.moberlymonitor.com/news/x624589963/Twelve-Kansas-students-on-Trail-of-Broken-Promises-Tour-in-Moberly-Saturday
http://www2.ljworld.com/news/2012/may/16/haskell-ku-students-walking-underscore-environment/?print&fb_source=message
http://www.parliamentofreligions.org/news/index.php/2012/05/students-walk-to-protect-native-sacred-places-in-midwestern-united-states/
http://www.whig.com/story/18563261/trail-of-broken-promises-focuses-attention-on-desecration-of-sacred-native-american-places
http://www.whig.com/story/18623655/students-advocates-for-cultural-rights-tour-indian-mounds-park-as-part-of-tour-on-the-trail-of-broken-promises
http://commercial-news.com/local/x1647290843/Walkers-call-attention-to-rights
http://www.purdueexponent.org/city/article_5dfbde68-f9a5-510c-a8ff-f8b97abf400d.html

These websites allow you to follow them on our journey digitally:
Facebook Page-- https://www.facebook.com/#!/pages/Trail-Of-Broken-Promises/300284686671395
Youtube Page--- http://www.youtube.com/user/ToBP2012
Twitter Page---- https://twitter.com/#!/ToBP2012
Tumblr Page---- http://trailofbrokenpromises.tumblr.com/
Flickr Page------ http://www.flickr.com/photos/tobp2012/

From Shirley Willard, Rochester IN:
Brenda – please add to your list of news about the Trail of Broken Promises:
www.potawatomi-tda.org –which is Potawatomi Trail of Death Assn.,  see Trail of Broken Promises Walk and click.
www.americanindiancenter.org – which is American Indian Center of Indiana.
I have written several stories for the Rochester Sentinel but you have to be a subscriber to see the eEdition. However I put all my articles in www.potawatomi-tda.org.
Thanks.

Long Walk 4 to Alcatraz: Listen Best of Long Walk Talk Radio

Earthcycles bus on arrival in DC
Long Walk 2008
Photo Brenda Norrell

Listen to Best of Long Walk Talk Radio
Long Walk 2 Northern Route

By Brenda Norrell
brendanorrell@gmail.com
Censored News
http://www.bsnorrell.blogspot.com

Long Walk 4 Return to Alcatraz is currently walking
http://www.returntoalcatraz.com

Censored News shares with you some of the best interviews and songs from the Longest Walk 2, northern route, from the five month broadcast across America in 2008.
The Longest Walk 4, Return to Alcatraz is being initiated by the original walkers on The Longest Walk in 1978. It has been postponed until 2013. The route from DC to Alcatraz is the same as Long Walk 2 northern route in reverse.

"The purpose of this Walk will be to reaffirm the heart of Traditional Tribal Sovereignty rooted in Cemony and land based spiritual relationships. We call on all Indigenous Peoples to come and support this Walk," Long Walk 4 said. http://returntoalcatraz.com/press-release


The Best of Long Talk Radio Longest Walk 2 northern route 2008

Long Walk 2 northern route
Penn. Capitol and Maryland campground
Photos Brenda Norrell
Voices across the west, Alcatraz to Western Shoshone
http://www.blogtalkradio.com/brenda-norrell/2008/12/23/voices-walk-across-the-west
Paiutes of Stillwater, Nevada
http://www.blogtalkradio.com/brenda-norrell/2008/12/19/paiutes-of-stillwater-best-of-longest-walk-radio
Ute, Maori and Dakota Best of the Longest Walk
http://www.blogtalkradio.com/brenda-norrell/2008/12/12/ute-maori-and-dakota-best-of-the-longest-walk-part-1
Choctaw Ben Carnes and Kahentinetha Mohawk Nation News
http://www.blogtalkradio.com/brenda-norrell/2008/12/27/ben-carnes-and-kahentinetha-best-of-longest-walk-talk-radio
Walking the Talk: Miwok, Washo and Shoshone
http://www.blogtalkradio.com/brenda-norrell/2008/12/26/walking-the-talk-in-the-land-of-miwok-washo-and-shoshone
Honoring the land, honoring the youths, with audio of Floyd Westerman
http://www.blogtalkradio.com/brenda-norrell/2008/12/30/honoring-the-land-honoring-the-youths
Kickapoo water and Navajo Resistance, Louise Benally
http://www.blogtalkradio.com/brenda-norrell/2008/12/20/kickapoo-water-and-navajo-resistance-best-of-longest-walk-radio


LW 2 Northern Route: Earthcycles radio bus with walkers
in Penn; Women's Walk to Sand Creek Massacre in
Colorado; Protest at Newmont mining in solidarity
with Western Shoshone in Denver.
Photos by Brenda Norrell

LW 2 Northern Route: Calvin on that long lonesome highway 50
through northern Nevada and Shoshone country;
the dear Duncans at Penn. powwow; Shoshone drum.
Photos Brenda Norrell.
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Lakota Blockade Whiteclay June 29, 2012


Strongheart photo: Whiteclay blockade
Notice of Upcoming Blockade in White Clay, Nebraska
Friday, June 29, 2012

By Cante Tenza Okolakiciye - Strong Heart Warrior Society
Free and Independent Lakota Nation
Box 512, Hill City, South Dakota 57745

UDATE
WHAT:  Traffic blockade of White Clay, Nebraska in order to stop the illegal transport of alcohol onto Pine Ridge Reservation. Friday will be one of the busiest days of the summer as monthly checks come out prior to the July 4th holiday.

On Thursday night, Chief Robert Greenwald of the Oglala Sioux Tribe (OST) Department of Public Safety agreed to cooperate with the blockade and enforcement of OSTCode 88.01.  Strong Heart welcomes this participation and noted Greenwald’s past statement in a May public meeting, that he wished to work more closely with traditional warrior societies like StrongHeart.

“The Strong Heart Warrior Society is asserting Lakota customarylaw, which is full sovereignty,” explained Strong Heart Headsman Canupa GluhaMani (Duane Martin Sr.).

“We are asking these stores to leave the Lakota people alone so we can have a future and implement rehabilitation of our people,” Martinsaid.

WHEN: Friday, June 29th from 10:00AM to 11:00PM

WHERE:  Borderbetween Pine Ridge Indian Reservation in South Dakota and the town of WhiteClay, Nebraska.

WHO:  Cante TenzaOkolakiciye, known as the traditional Strong Heart Warrior Society of theLakota Nation will be leading the blockade with support from OST Public SafetyHighway Division officers. Members of the Oglala Lakota Nation will be there insupport. Cheyenne River Sioux Tribe activist Laci Hale will be coordinating theparticipation of the women.  Deep Green Resistance will be present in solidarity.

OST lay advocates Susan Schrader and Carmen Yellow Bull arecalled upon to monitor the behavior of public safety officers in the enforcement of OST and sovereign customary law. Local, state, national and international media have also been notified of the blockade.

WHY: The small border town of White Clay sells over 13,000 cans of beer a day, or FIVE MILLION cans of beer a year to mostly Oglala Lakota people in an ongoing act of physical and spiritual genocide of the Lakota people. With direction from traditional Grandmother societies in Pine Ridge Reservation, Strong Heart has been at the forefront of trying tostop the illegal flow of alcohol into the Pine Ridge Indian Reservation forover 12 years. This zero tolerance ban is defined in Oglala Sioux Tribal Ordinance 88.01 as well as traditional Lakota customary law.


Cante Tenza Okolakiciye also known as the Strong Heart WarriorSociety of the Lakota Nation is an ancient Lakota warrior society as well as abroad-based civil rights movement that works to protect, enforce and restoretreaty rights, civil rights, and sovereignty of Native people and theircommunities across Turtle Island.

Lazy media aids Hopi Navajo water theft scheme

Media aids scheme to steal Hopi and Navajo water rights by not checking the facts, or reporting the news

By Brenda Norrell
Censored News
http://www.bsnorrell.blogspot.com/2012/06/lazy-media-aids-hopi-navajo-water-theft.html
French translation:
http://www.chrisp.lautre.net/wpblog/?p=831

June 27, 2012
Warriors Kris and Carlos walking and running to Window Rock
to defend Navajo water rights. The Navajo Council announced
Wednesday's council session to vote on water rights settlement
is cancelled. Photo Next Indigenous Generation.
The media has published false reports that the Hopi Tribe passed the Little Colorado River settlement, which is aimed at giving Hopi and Navajo water to non-Indians in Arizona, along with the coal fired power plant, Navajo Generating Station, one of the dirtiest in the US, and Peabody Coal.
The bill, devised by Arizona Senators Jon Kyl and John McCain and non-Indian attorneys, would require Hopi and Navajo to give up their aboriginal water rights. The water rights theft scheme is aided by paid armchair journalists and online aggregators who do not check the facts of what they are posting.
Kris Barney, Dine', arriving in Window Rock today, after walking and running from western Navajoland to defend sacred water, said, "We must remain strong and in unity, with our sacred thoughts, prayers and the gift of water through rain from above. They do not own life, they should not have the power to sell, trade or barter our lives, futures. The people have spoken. And Lightning flashes in the dark all across this Window Rock ..."
Three former Hopi Tribal Chairmen responded to false reports in the media and to false reporting by Hopi Chairman Shingoitewa concerning Senate Bill 2109, Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012.
Meanwhile, at the last minute, the Navajo Council announced that a Navajo Nation Council session today, Wednesday, June 27, to vote on the water settlement, is cancelled.
In a statement, the three former Hopi chairmen said that Hopi Tribal Chairman LeRoy Shingoitewa and Council Representative George Mase gave out false information that the Hopi Tribe approved the water settlement, when in fact, the Hopi Tribal Council, by a vote of 11 for, 4 against, and 0 abstentions, rejected the Kyl bill on June 15, 2012. Over 100 tribal members witnessed the event.
“Representatives from the Hopi villages, traditional leaders, allottees, and tribal members provided overwhelming objection to, and rejecting Senate Bill 2109 through written and oral testimony in a packed Hotevilla Elderly Center. Senate Bill 2109 favors non-Indian parties including owners of the Navajo Generating Station and the Peabody Coal Company; requires waiver of Hopi aboriginal and federal reserved water rights to the Little Colorado River; and waives any future claims for damages done to the Navajo Aquifer and sacred springs by Peabody Coal Company and owners of the Navajo Generating Station.”
“After hearing the people’s testimony, the Hopi Tribal Council passed Resolution No. H-072-2012 rejecting Arizona Senator Jon Kyl’s Senate Bill 2109. But, Shingoitewa has refused to sign this resolution forcing the former elected tribal leaders to file a formal complaint to the Hopi Tribal Council and demanding Shingoitewa’s immediate removal.
“Hopi Council Resolution H-072-2012 not only rejects Senate Bill 2109, it also prohibits Shingoitewa, the Water and Energy Team and the Hopi Tribal Council from further negotiations on Senate Bill 2109, including the Settlement Agreement. It also requires Hopi Chairman Shingoitewa to report the official position of the Hopi Tribe to Senator Kyl and the Department of Interior on the formal rejection of Senate Bill 2109.”
The official position of the Hopi Tribe is embodied in Resolution H-072-2012 which rejects Senate Bill 2109 and the proposed Settlement Agreement.
Read complete statement: http://www.bsnorrell.blogspot.com/2012/06/medias-false-report-on-hopi-council.html

Media's false report on Hopi Council passage of water settlement



Former Hopi Tribal Chairmen respond to false reporting by Hopi Chairman Shingoitewa Concerning Senate Bill 2109, Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012

By Former Hopi Chairmen Ben Nuvamsa, Ivan Sidney and Vernon Masayesva
Censored News

Hopi water 1906 photo Edward Curtis
KYKOTSMOVI, Ariz. -- Hopi Tribal Chairman LeRoy Shingoitewa and Council Representative George Mase have been giving out false information that the Hopi Tribe approved Senate Bill 2109, the Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012, when in fact, the Hopi Tribal Council, by a vote of 11 for, 4 against, and 0 abstentions, rejected the Kyl bill on June 15, 2012. Over 100 tribal members witnessed this historic event.
Representatives from the Hopi villages, traditional leaders, allottees, and tribal members provided overwhelming objection to, and rejecting Senate Bill 2109 through written and oral testimony in a packed Hotevilla Elderly Center. Senate Bill 2109 favors non-Indian parties including owners of the Navajo Generating Station and the Peabody Coal Company; requires waiver of Hopi aboriginal and federal reserved water rights to the Little Colorado River; and waives any future claims for damages done to the Navajo Aquifer and sacred springs by Peabody Coal Company and owners of the Navajo Generating Station.

After hearing the people’s testimony, the Hopi Tribal Council passed Resolution No. H-072-2012 rejecting Arizona Senator Jon Kyl’s Senate Bill 2109. But, Shingoitewa has refused to sign this resolution forcing the former elected tribal leaders to file a formal complaint to the Hopi Tribal Council and demanding Shingoitewa’s immediate removal.

Hopi Council Resolution H-072-2012 not only rejects Senate Bill 2109, it also prohibits Shingoitewa, the Water & Energy Team and the Hopi Tribal Council from further negotiations on Senate Bill 2109, including the Settlement Agreement. It also requires Hopi Chairman Shingoitewa to report the official position of the Hopi Tribe to Senator Kyl and the Department of Interior on the formal rejection of Senate Bill 2109.

Leroy Shingoitewa and George Mase have been providing false and misleading information that the Hopi Tribe approved and endorsed the Kyl bill. They are doing this so they can continue the Little Colorado River water rights negotiations. Any negotiations by Hopi tribal officials would be in direct violation of Resolution H-072-2012 and would be grounds for Serious Neglect of Duty charges under the Hopi Tribe’s constitution.

Shingoitewa convened an illegal tribal council meeting on June 21, 2012, to force passage of a council resolution to “endorse” Senate Bill 2109. This he did out of total disrespect for the Hopi and Tewa people’s rejection of the Senate bill. Upon hearing of this action, many tribal members are angered and are demanding immediate removal of Hopi Chairman Shingoitewa and George Mase.

Resolution H-073-2012 is not the official position of the Hopi Tribe and its members. The official position of the Hopi Tribe is embodied in Resolution H-072-2012 which rejects Senate Bill 2109 and the proposed Settlement Agreement.

 

June 26, 2012

Federal Court of Appeals attacks public interest litigants

Federal Court of Appeals attacks public interest litigants

By Stephen Brittle
Photo Save the Peaks
President, Don't Waste Arizona
Censored News
http://www.bsnorrell.blogspot.com

French translation: http://www.chrisp.lautre.net/wpblog/?p=817
Thank you from Censored News to Christine Prat for
the French translation!

JUNE 25, 2012 / ON JUNE 21, THE NINTH CIRCUIT HANDS DOWN WHAT IS ESSENTIALLY A SLAPP JUDGMENT AGAINST JOHN Q. PUBLIC

The message from the Ninth Circuit Court of Appeals was clear: if you are concerned about the environment; if you want to protect Native American sacred areas; or even if you simply want to make sure that the federal government complies with its own environmental obligations, go home.  You are not welcome in the Ninth Circuit.

As Gary Marchant, the Lincoln Professor of Emerging Technologies, Law & Ethics at Arizona State University's Sandra Day O'Connor College of Law explains, “there is no question that [the San Francisco Peaks case involved] a valid set of claims that could have been decided either way [and] therefore is clearly not a case where sanctions would be appropriate or warranted."  Professor Marchant adds that ** "applying sanctions in a case such as this would have a chilling effect on the willingness of qualified counsel to take on controversial and important public interest matters of any type." **

What Happened:

Recently a three judge panel of the Ninth Circuit imposed sanctions on a pro bono attorney for the Save the Peaks Coalition.  In an opinion issued on June 21, 2012, Ninth Circuit Judges, J. Clifford Wallace, John T. Noonan, and Milan D. Smith, Jr., held that environmental and Indian rights attorney Howard Shanker acted in "bad faith," that he "grossly abused the judicial process," and that he "misled his clients."  As a result, according to the Ninth Circuit, Shanker has to personally pay all the costs of the intervenor-defendant Snowbowl Resorts Limited Partnership.  Here, however, is the rub.  The only thing Shanker is guilty of is providing competent representation to his clients for free (pro bono) on a politically charged matter of public importance.

Nothing in the entire record of this case provides any basis for a finding of bad faith, or an abuse of process, nor does it provide any other indication of unethical or unprofessional behavior on the part of Shanker.  Indeed, even the court's opinion is void of any reference to any specific behavior in the context of the case that could warrant a sanction.  Further, Shanker’s clients are adamant that he never misled them about anything - an allegation that appeared for the very first time in the Ninth Circuit's en banc  opinion. 

Judges are supposed to be neutral arbiters of the law.  Here, however, Judges Wallace, Noonan, and Smith are attacking Shanker's credibility and reputation, and imposing sanctions on him for bringing a case simply because it appears to be at odds with their ideological and political bent.  More recently, Judge Smith, the judge who wrote the Save the Peaks opinion, launched a political tirade in a dissenting opinion in Karuk Tribe of California v. U.S. Forest Service, where he rails against the enforcement of environmental laws as bad for business.  But that was just a dissenting opinion.  Smith didn't have the political majority in the Karuk case, like he did in Save the Peaks.  

The chilling effect that the Save the Peaks Coalition case could have on any attorney who might have otherwise been willing to help a community group, an environmental organization, or even a Native American tribe cannot be overstated. 

The message is clear, bring a case we disagree with and we will rule against you, attack your credibility, and impose sanctions on you - regardless of the facts or law of the case.  Apparently the federal courts no longer have to even try to keep up the façade of impartiality.

Shanker has indicated that he intends to file a petition for a rehearing en banc with the Ninth Circuit.  Such petitions are, however, discretionary and only rarely granted. 

The one thing we can truly learn from this process, is that no good deed goes unpunished.  Let this be a warning to attorneys, if there are any left, that want to protect the environment, ensure the integrity of Native American rights and sacred areas, and who feel compelled to champion the public interest over the short term economic gain of a few, especially if the attorney is willing to work for free.  

According to the Ninth Circuit, such misguided practitioners will from now on be punished for their willingness to stand up to the machine and to challenge the status quo - the law or facts be damned. 


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