[IPSM] How US Lost to W. Shoshone at UN

[Macdonald Stainsby]

EXORCISING COLONIAL DEMONS - HOW THE U.S. LOST TO THE WESTERN SHOSHONE 
AT THE U.N.

MNN.  March 16, 2006.  On March 10, 2006, the United Nations Committee 
for the Elimination of Racial Discrimination found that the United 
States was denying the Western Shoshone people "their rights to own, 
develop, control and use their land and resources".  They warned the 
U.S. to respect their obligations according to the Convention".  The U. 
S. was urged to "freeze", "desist" and "stop" their actions  against the 
Western Shoshone and abide by the Committee's "Early Warning and Urgent 
Action Procedure".

The Western Shoshone land base covers approximately 60 million acres, 
stretching across the states of Nevada, Idaho, Utah and California. 
Their land rights were entrenched in the 1868 Treaty of Ruby Valley. 
The U.S. used a procedure similar to that of the Canadian and Ontario 
governments when they turned land belonging to the Stoney Point people 
at Ipperwash into a park.  The U.S. declared the Western Shoshone lands 
had become "public" or federal lands in violation of the treaty.

The U.S. uses Western Shoshone land for military testing, open pit 
cyanide heap leach gold mining and nuclear waste disposal planning. They 
have used military style seizures of Shoshone livestock, trespass fines 
in the millions of dollars and ongoing armed surveillance of Western 
Shoshone who assert their original and treaty rights. When the Western 
Shoshone questioned their actions, they were denied "fair access" to the 
U.S. courts.  The U.S. courts represent the United States, one of the 
adversaries in the conflict.  So the Western Shoshone took their case to 
the UN Committee for the Elimination of Racial Discrimination.  This 
became the neutral tribunal required under international law.

In 2001 the Committee had already expressed alarm that U.S. laws and 
treatment of indigenous peoples continue to be based on the outdated, 
colonial era "doctrine of discovery." The Committee's decision is a 
direct negation of the colonial process.

The US was extinguishing Western Shoshone's rights through "gradual 
encroachment" on their lands even though the Indigenous people continue 
to use and occupy their lands.  This process was crafted in the U.S. 
Indian Claims Commission which does not follow "international human 
rights norms, principles and standards".

U.S. tactics include:

     1.. Privatizing ancestral lands so they could be transferred to 
multinational corporations and energy developers.
     2.. Destroying and denying them access to their spiritual and 
cultural areas; opening a nuclear waste repository at Yucca Mountain; 
using explosives and open pit gold mining on Mont Tenabo and Horse 
Canyon; and issuing geothermal energy leases at, or near, their hot 
springs.
     3.. Resuming underground nuclear testing;
     4.. Conducting all activities without consulting with and despite 
the protests of the Indigenous peoples;
     5.. Intimidating and harassing them through imposing grazing fees, 
trespass and collection notices; impounding horses and livestock; 
restricting hunting, fishing and gathering; and arresting them;  and
     6.. Blocking them from challenging these actions before an 
impartial court;
The Committee has ordered the U.S. to immediately stop all of these 
tactics.

Joe Kennedy, of the Western Shoshone delegation, said, "We have rights 
to protect our homelands and stop the destruction of our land, water, 
and air by the abuses of the United States government and the 
multinational corporations".  He asked people worldwide to help stop 
this insanity to secure a safe future for all.

Recognizing Indigenous rights is the beginning of healing the earth and 
the international family.  We need support to assert our jurisdiction so 
that we can look after the environment.  The interests in health, safety 
and the desire to lead a wholesome life are shared by Indigenous and 
ordinary people worldwide.  In the past year the citizens of New York 
State have supported the Kanion'ke:haka/Mohawk in stopping the 
fraudulent land claims and the destructive plans of the multinational 
mega energy corporations.



There was no valid consultation with or consent by the constitutional 
Indigenous people according to the standards set by U.S., Canadian or 
international law.  What is called "international law" is not yet 
'international' because Indigenous people do not participate in its 
formulations.  So we are still at the mercy of state governments. 
However, state governments have become estranged from the populations 
they supposedly represent.



Deals with tribal and band councils set up by the state are not 
consultation.  When they are conducted in secret, as often happens, 
there is no possibility of popular consent.  The U.S. and Canada have 
been encroaching on land even when there were no agreements or treaties 
to validate their intrusions.  The Western Shoshone decision indicates 
that encroaching as a way to take over land has been formally rejected.



The Committee urged the U.S. to initiate a dialogue to work toward a 
solution acceptable to the Shoshone.  The Committee implements the 
consultation and consent standard to make an agreement valid.



US Supreme Court Justice Clarence Thomas in USA v. Lara stated in his 
concurring decision that he could find no evidence that any Indigenous 
people had given up any of their land and sovereignty; that federal 
Indian laws are "schizophrenic"; and Indian affairs would be "chaotic" 
until this is dealt with.  This is the first time a United Nations 
Committee has issued a full decision against the U.S. and "its highly 
controversial Federal Indian law and policy".



This decision challenges the U.S. and Canadian theft of Indigenous title 
to all of Turtle Island.  Kanion'ke:haka/Mohawks have not been allowed 
to use our land or even to traverse upon most of it.  Our lands have 
been illegally taken for bridges, highways, seaway, railway lines, 
communities for the settlers, mines, extraction of our resources and 
mega developments without our permission.  This is comparable to the 
imposition of fines, taxes, confiscation of sheep and putting mines on 
Western Shoshone property without their consent.  States, mining 
companies, hydro developers and multinational corporations now have to 
get our permission to go on our land to set up their businesses.



The Committee has requested that the U.S. provide it with information on 
actions they are taking to implement their decision by 15 July 2006.

The University of Arizona Indigenous Law and Policy Program and Oxfam 
America, along with 13,000 signatures of U.S. supporters, helped the 
Western Shoshone file a new legal action at the United Nations CERD. 
(Contact Julie Fishel wsdp at ig.org or 775-468-0230 (US)).

The U.S. argued that their actions were not "novel".  As if we didn't 
all know that!  What is somewhat original is their resistance to the 
decolonization movement that everyone in the world is coming to terms 
with.  One of the ironies of the situation is that the U.S. Declaration 
if Independence was an inspiration for much of the decolonization 
process that permeates the world.  The U.S. has slipped from being a 
"leader of the pack" to being one of the "last lone laggards" charging 
off on imaginary crusades in ridiculous directions.  Sadly, they are 
trampling a lot of ordinary and innocent people underfoot.  They need to 
be exorcised them of their colonial ghosts.

Fortunately, the Committee for the Elimination of Racial Discrimination 
was not duped by the U.S.'s colonial phantoms.  The U.S. asked the 
Committee to wait for them to submit their 'Periodic Report' which has 
been past due since 2003. The Committee insisted on an immediate 
response.  The U.S. didn't even show up!   We cannot expect fair dealing 
and straight play from the U.S.  Maybe they will try to fool people and 
set up a UN Indigenous Affairs Department using the U.S. and Canadian 
Indian Affairs models.  They will can hold all our land "in trust" so 
they can globally control us and our resources?  Most likely they are 
looking for Indigenous leaders to co-opt.

How many times have we seen this before?  Indigenous peoples have been 
active at the United Nations for several decades.  This decision could 
promise hope to indigenous communities everywhere.

Kahentinetha Horn, MNN Mohawk Nation News, kahentinetha2 at yahoo.com 
(Coming soon. Get your daily Kanion'ke:haka news on 
mnn.mohawknationnews.com)


-- 
Macdonald Stainsby
http://independentmedia.ca/survivingcanada
http://lists.econ.utah.edu/mailman/listinfo/rad-green
In the contradiction lies the hope
    --Bertholt Brecht.