S. James Anaya, United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people. Credit:UN Photo/Paulo Filgueiras

WASHINGTON, May 4, 2012 (IPS) – A United Nations special envoy on Friday called on the U.S. government to step up efforts to address historical injustices that continue to affect the country’s indigenous population.

James Anaya, the United Nations Special Rapporteur on the Rights of Indigenous Peoples, warned that historical wrongs, particularly the loss of land, continue to have an overriding impact on the wellbeing of Native American communities.

Anaya has just finished a 12-day research mission probing the current status and experience of the U.S.’s roughly 5.2 million-strong Native American population.

The trip marked the first time that the U.N. has waded into the contentious issue of U.S. treatment of its indigenous communities, one of the poorest and most marginalised populations in the United States.

The unemployment rate for American Indians has typically been double that of the white population. On reservations – self-governed tracts of land given to Native American communities by the U.S. government – Anaya reported a 70 percent unemployment rate.

Native Americans have also long suffered from disproportionately low statistics in health and education, as well.

But Anaya pointed to an underlying sense of disaffection, as well.

“The sense of loss, alienation and indignity is pervasive throughout (Native American communities),” Anaya stated at the United Nations headquarters in New York.

“It is evident that there have still not been adequate measures of reconciliation to overcome the persistent legacies of the history of oppression, and that there is still much healing that needs to be done.”

Previously, the United States has made clear that it sees such issues as constituting internal affairs. Although Anaya was allowed to complete his research mission, he reported a lingering sense of disconnect with parts of the government.

“I regret that my efforts to meet with members of the U.S. Congress were unsuccessful,” he stated, “especially given the prominent role of Congress in defining the status and rights of indigenous peoples within the United States.”

Such engagement was only made possible in the first place due to a sudden U-turn in U.S. policy announced by President Barack Obama in 2010. At that time, the U.S. formally backed the U.N. Declaration on the Rights of Indigenous Peoples (UNDRIP).

The U.S. was the last country to sign on to the Declaration, which was passed in 2007. The administration of George W. Bush had twice opposed U.S. involvement, including over worries that it would give rise to new legal claims for redress.

Anaya’s trip was aimed at checking into how U.S. commitments towards the UNDRIP have been carried out thus far. He will now be compiling his research into a full report, which is expected to be presented to the U.N. Human Rights Council in September.

If his initial observations are anything to go by, however, the report’s ultimate recommendations to the U.S. government will be based largely on trying to break the negative cycle started by historical wrongs – wrongs that Anaya suggests are directly responsible for the generally dismal condition of Native American communities today.

“Over the past 12 days, I have heard stories that make evident the profound hurt that indigenous peoples continue to feel because of the history of oppression they have faced,” he said in Washington.

Perhaps most critically, that history – “all grounded in racial discrimination” – includes the significant dispossession of lands, including lands that were officially and legally given over to Native American tribes.

As such, several of Anaya’s most significant recommendations will revolve around self-governance and land issues. This includes “some form of land restoration”, the transference of “lost lands” back into Native American hands.

“Securing the rights of indigenous peoples to their lands is of central importance to indigenous peoples’ socio-economic development, self-determination and cultural integrity,” Anaya noted.

“During my visit, I heard almost universal calls from indigenous nations that the government respect tribal sovereignty, that indigenous peoples’ ability to control their own affairs be strengthened, and that the many existing barriers to the effective exercise of self-determination be removed.”

That contention is backed up by the National Congress of American Indians (NCAI), a pan-tribal association founded in 1944. In a policy paper released in late April, the NCAI stated that land and sovereignty issues are “underlying the state of Native peoples in America today”.

The paper warned that the U.S. government continues to introduce laws “that prohibit tribal communities and tribal members from free use of their land and natural resources”. As recently as Apr. 19, 2012, the paper noted, U.S. officials have cited 1930s legislation “as its authority to regulate Indian land as ‘public land’ without consideration for the unique status of sovereign land.”

For some observers, such a focus on current events – and their future ramifications – makes more sense than dredging up the distant past.

Sher Malik, president of the Indigenous Peoples Survival Foundation, spoke with IPS while preparing to leave for the upcoming seventh session of the U.N. Permanent Forum on Indigenous Issues, starting May 7 in New York.

“We must approach these issues with balance, not focusing on revenge,” Malik says. “Unfortunately, we do not seem to learn from our history. So while I’m against what happened 200 years ago, today I’m not going to dig up negativity for a new generation.”

Yet for Anaya, the issue of negativity goes to the heart of the ongoing marginalisation of the U.S.’s indigenous communities today. Native Americans feel “a systemic lack of respect” and discrimination from the U.S. public and media, he said.

“The broad view in American society seems to be that Native Americans are either gone or, as a group, have become insignificant – and those are simply flat wrong perceptions.”

At the 11th session of the Permanent Forum on Indigenous Issues, which began here on Monday, these leaders took leading global powers to task for using old but still existing laws as a weapon to justify the exploitation and abuse of indigenous communities.

“(We) have the right to redress for past conquests,” said Tonya Frichner, a Native American activist and lawyer who has also been a member of the Permanent Forum. “This is enshrined in the (United Nations) Declaration on the Rights of the Indigenous Peoples.”

The Declaration was adopted by the U.N. General Assembly in 2007. According to Article 3 of the historic declaration, indigenous peoples have the right to self-determination. Article 28 protects their right to redress for past conquests while Article 37 explains the right to agreements.

Established by the U.N. Economic and Social Council (ECOSOC) in 2000, the forum is comprised of 16 independent experts who provide advice and recommendations on indigenous issues to the U.N. system.

A long history of oppression

Indigenous leaders hold that the laws of settler governments that target indigenous populations emanate from the so-called “Doctrine of Discovery”, an issue that has become focal point of discussions at this year’s forum meeting.

Frichner said the legal systems based on the doctrine of discovery began in the 1500s with Christian Western Europe deciding that people who are Christian have the right to claim land inhabited by non- Christians

“This doctrine is the juridical foundation for the domination of indigenous people. It’s the moral foundation for domination,” she added. “Domination is exhausting not only for those who are dominated, but for those who dominate,” laying foundations for racism and sexism.

In interviews with IPS, several participants appeared particularly concerned about the ongoing exploitation of natural resources buried in and around native territories worldwide and state authorities’ open support for the logging and mining corporations that are taking these resources.

“520 years and the doctrine of discovery is alive and well,” said Marlon Santi, who travelled all the way from the Amazon in Ecuador. “This is about extremism, genocide, land grab(bing) and even slavery. All of this is happening in the name of (the) Christian God and development.”

“The oil company, Chevron, has polluted our river. Phillips has invaded our territories. Amazon is the lifeline and the mother of our people,” he said. “In our region, nothing much has changed. The present government is as bad as the previous one.”

Santi, who faces sabotage and terrorism charges for leading resistance against the incursions of big oil and coal corporations, said the Ecuador government gave 400 million hectares of indigenous lands to foreign companies this year – without obtaining informed consent from the native communities.

Some participants also worried that if the wider acceptance of the doctrine of discovery was not challenged effectively, the progress that the global indigenous rights movement has made over the past two decades would come to a halt.

Saving culture

“Through the continued use of non-indigenous languages, terminology and perspective in describing the doctrine of discovery, we may inadvertently encourage the reproduction of such perspectives amongst our own peoples,” said activist Arthur Manuel from Canada.

“It’s a multifaceted concept. It’s a legal fiction. It promotes exclusion, racism, discrimination and alienation from decision-making processes and invisibility within the same institutions,” he observed.

It has been observed in past U.N. meetings that language barriers often caused frustration among activists hailing from indigenous territories. At these meetings, the discussion takes place in English and French, which are often laden with a heavy dose of legal jargon and technical terms alien to the indigenous participants..

“Indigenous legal and judicial systems exist today. Our knowledge systems exist today. Indigenous languages continue to be spoken,” said Manuel. “We will continue to assert our rights as described in the U.N. Declaration and in our own indigenous laws.”

Since discussions at the U.N. forums are almost completely dominated by the non-indigenous government representatives, the Global Caucus of indigenous peoples recommended that a seat in the General Assembly be established for the indigenous peoples. In an interview, former chair of the forum, Mirna Cunningham, forcefully defended the indigenous peoples’ call for governments to bring about legislative reforms that protect and respect indigenous peoples’ economic, social, political and cultural rights.

“[We] are trying not only to challenge the conventional model of development, but also to make people understand that if they listen to our point of view on development, they can also change the situation globally and locally.”

Of all the U.N. member states, only Bolivia and Cunningham’s country of Nicaragua have incorporated the principles enshrined in the declaration of the indigenous peoples’ rights into their national laws.

The discussion on this will continue until end of the meeting on May 18.

Ted was very active in the American Indian Movement’s 71 day occupation of Wounded Knee in 1973. During the siege, he coordinated mail in and out of the occupied hamlet with the assistant of someone at Wounded Knee. Means, who lived in nearby Porcupine would take it there to ensure it would be sent out. In turn, he would pick the mail up in Porcupine to make sure it got delivered on the inside.

In the ensuing years, he worked with the Heart of the Earth Survival School Prison Program, where he went into prisons to assist American Indian prisoners maintain ceremonial practices.

As a member of a highly visible family within the American Indian Movement, he maintained a strong presence with American Indian circles. Later, he served as the executive director of the Porcupine Health Clinic until his retirement.

“It’s hard to organize the people around anything except money, especially when the press is telling them that everything is okay… They (government) give a guy a pickup truck and a six-pack, and he’s satisfied. The Indians are satisfied to be miserably comfortable,”

Means to author Peter Matthiessen in “In the Spirit of Crazy Horse” published by Penguin Books in 1992.

A traditional Lakota ceremony will be conducted by Jerome LeBeau and Jim Clairmont. Burial will be at 2 pm cst, at Feather-Necklace Family Cemetery in Greenwood.

Besides, Russell and Bill Means, he is survived by his wife, Lynn Means, Mission; 12 children, Theodore Means Jr., Fort Hall, Idaho; Red Boy Means, Porcupine; Oyate Means, Sisseton; Shelley Means, Rosebud; LeToy Lunderman, Parmelee; Tipi Means and Faith Means, both of Winnebago, Nebraska; Casey Means, Pine Ridge; Shyla LaRoche, C.J. LaRoche, and Sammie Larson, all of Mission; and Season Means, Minneapolis, Minneapolis; two sisters, Mabel Ann Phillips and Madonna Phillips, both of Wagner; and 25 grandchildren.

Wake services for Mr. Means were held on Saturday night in Porcupine and at Sinte Gleska University Multi-Purpose Building in Mission.

Sioux Funeral Home in Pine Ridge is in charge of arrangements.

Alle prijzen zijn exclusief verzendkosten. Voor meer informatie kunt u contact opnemen met Alie Heikens via boeken@nanai.nl

A deadly 2009 “sweat lodge” retreat in Arizona left participants so sickened that the scene resembled “a battleground” with people vomiting, foaming at the mouth and with their eyes nearly popping out, according to one survivor who testified Thursday.
“I saw people agonizing,” said Lou Caci, a participant from Winnipeg, Manitoba. “It looked like a battle ground. People are just laying there.”
Caci, who earlier testified he fell at one point and badly burned his arm on the heated rocks, continued his testimony Thursday in the trial of self-help guru James Arthur Ray. Ray is accused of manslaughter in the deaths of three persons at his October 2009 “Spiritual Warrior” retreat in the desert.

The event participants paid up to $10,000 to seek “new areas of consciousness,” according to this week’s testimony.

This is a link to a documentary about the Boardingschool tragedy.

John T Williams was een dakloze indiaan, lid van de Dididaht First Nation op Vancouver Island, Canada.

Hij werd doodgeschoten door een overijverige agent in Seattle, toen hij John zag lopen met een mes in zijn hand. Hij sommeerde John om het mes los te laten (later bleek dat het mes was ingevouwen en dus niet ‘gebruiksklaar’) en toen dat niet snel genoeg gebeurde, vuurde hij vier keer op hem van korte afstand, met fatale gevolgen. John T. Was een bekende dakloze, half dove, dikwijls dronken ‘woodcarver’, bekend bij velen in Seattle. Hij was lid van de Chief Seattle Club.

Alex Castas, general manager van Ye Olde Curiosity Shop aan de haven van Seattle, kocht regelmatig houtsnijwerk van John en andere leden van de Williams familie. John was absoluut ongevaarlijk, bewoog zich traag en kon onmogelijk een bedreiging zijn voor de politieman.

Onderstaande links verwijzen naar verschillende (achtergrond) artikelen over deze zaak. Het is voor een goed begrip ook interessant om wat van de reacties op de artikelen te lezen, zoals bij de ‘Native perspective’.

http://www.katu.com/news/local/102180714.html

http://articles.latimes.com/2010/sep/17/nation/la-na-seattle-police-shooting-20100917

http://seattletimes.nwsource.com/html/localnews/2012784234_copshooting02m.html

http://blogs.seattleweekly.com/dailyweekly/2010/10/john_t_williams_court_inquest.php

http://seattlest.com/2011/01/12/john_t_williams_inquest_day_three.php

http://www.allvoices.com/contributed-news/6810043-john-t-williams-deaf-native-american-shot-killed-by-seattle-cops-usa

http://crosscut.com/2011/01/20/seattle-city-hall/20562/A-Native-perspective-on-the-inquest-into-the-shooting-of-John-T.-Williams/

Remarks by Jefferson Keel, President, National Congress of American Indians (NCAI)
Thursday, January 27, 2011, 10:30 AM ET – Newseum, Knight Studios, Washington, DC
Introduction: Toward a More Perfect Union

My fellow tribal and American citizens, members of the National Congress of American Indians, members of the Administration and the 112th Congress of the United States, and those listening or watching today from around the country and the world: I stand here, honored, to deliver to you, the State of Indian Nations address.

After an exceptional year of bipartisan achievements to strengthen Indian Country, I am pleased to report that the state of Indian nations is strong, and driven by a new momentum. We stand at the beginning of a new era for Indian Country, and for tribal relations with the United States. Previous eras were defined by what the federal government chose to do: the Indian removal period when tribes were forcibly removed to reservations, the allotment era, the reorganization and termination of tribes, even the recent promise of the self-determination era. But this new era is defined by what we, as Indian nations, choose to do for ourselves.

I am honored to be joined this morning by many Indian leaders who have worked hard to prepare our nations for this moment. We are poised to be full partners in the American economy, and in America itself. We expect that in years to come—in seven generations—our children’s children will look back and say, “This was the moment when the future of Indian Country changed forever.” Call it the Era of Recognition. Call it the Era of Responsibilities Met, or of Promises Kept. Whatever it is called, it brings us closer than ever to the true Constitutional relationship between the United States and Indian nations. It brings us closer to what the Constitution calls a “more perfect union.”

Today, I issue an invitation—to tribal leaders, to Indian people, to our partners in Congress and the Administration, and to all Americans—to join together in building this new era. The New Era Why is this new era possible only now, instead of before? Recent years have brought a new foundation, the self-determination era has brought a promising partnership between tribes and the federal government. We have demonstrated our capacity as self-determined governments that contribute to a stronger America. We have worked hard to reach this point. But that alone is not enough to realize the promise of this new era. Barriers remain—and we are eager to work with our federal partners to remove those barriers to the economic potential of our nations.

There is another reason we are just now seeing this opportunity for a new era. The state of the economy has played a role. These difficult times have made self-reliance into a necessity. Today the country is entering more than a time of difficult budget choices. As the federal government contemplates fundamental changes in the priorities of government, Indian Country offers a bold opportunity. Investing in self-reliant Indian nations is not only the Constitutional and morally right thing to do, Indian nations offer a great untapped source of economic opportunity for all Americans. This is a great moment, when doing the right thing is also the smart to do. The Promise of the Constitution I was encouraged when the House of Representatives read aloud the U.S. Constitution earlier this month. America’s founders recognized the inherent sovereignty of Indian tribes and the special relationship between tribes and the federal government, and they affirmed it by putting it into words in our Constitution.

Like all American people, we are afforded basic Constitutional rights. Moreover, we carry a special recognition, that tribes are inherently nations with in a nation, that tribes as stated in Article 1, Section 8, are in the company of “foreign nations” and “the several states.” These basic rights, these inherent rights, are what we seek together to bring to all American people: “justice,…domestic tranquility,…general welfare, and…the blessings of liberty to ourselves and our posterity.” The preamble to the Constitution speaks of a more perfect union. The new era for Indian nations is a profound step toward that more perfect union. The Achievements of 2010 I stated earlier that there has been much progress to make this new era possible. I’d like to review some of those successes from 2010. The passage and enactment of the Tribal Law and Order Act, and the Indian Health Care Improvement Act were monumental.

We thank those on both sides of the aisle who crafted legislation that holds the promise of safer, healthier and more economically productive Native communities. But this work is not complete. Words are one thing, but actions are another. We call for these initiatives to be fully funded and fully implemented. We were encouraged by the recent settlements of the Cobell litigation over the mismanagement of Indian lands, and the Keepseagle settlement for discrimination against Indian farmers. Indian tribes have supported these overdue settlements because they will help us turn the page on the wrongs of the past and direct our energies toward securing a better future. Finally, we welcome the United States’ adoption of the United Nations Declaration on the Rights of Indigenous Peoples. This formally affirms our fundamental human rights. It is a great step forward in respect and recognition of Indigenous peoples throughout the world. This very morning the UN Special Rapporteur on Violence Against Women is visiting tribal nations to investigate the challenges facing tribal justice systems. Together, these achievements set the stage for a new era in Indian Country.

This is a moment of opportunity, and we must look to the future to realize its promise. Opportunity and Unrealized Potential The resilience and spirit that carried our people to this day is what will carry us to our next great moment. Our cultures are resolute and diverse. We see every challenge as an opportunity. Indian nations face great challenges, but we hold great unrealized potential. High unemployment is new to most Americans, but Native people have felt it for decades, often four to five times the unemployment rate of the country as a whole.

But at long last, this new era represents a way forward. One opportunity for tribal nations is energy development. Our deep relationship to the land and our reverence for the earth’s natural resources provide a clear course for our communities. Tribes care for approximately ten percent of America’s energy resources, including renewable energy, worth nearly a trillion dollars in revenue. And yet, only a handful of tribes have been able to successfully utilize these resources. In fact the 49 bureaucratic steps that deter energy development on Indian lands stifled the ability of the Three Affiliated Tribes of the Fort Berthold Reservation in North Dakota to access their considerable oil reserves, while oil rigs formed a ring outside reservation boundaries. It took direct action by the Interior Department to streamline this process for the Three Affiliated Tribes. We call on the Congress to apply this kind of concerted effort to unleash the potential of Indian energy resources throughout the nation. Realizing the potential of energy resources offers immense promise for tribal communities, and the United States as a whole.

To achieve the goals of energy independence and economic growth, the focus must turn to the potential in Indian Country. Just last week, Energy Secretary Chu offered a promising jump-start to such investment. He announced $10 million in support for energy efficiency and renewable energy projects in Indian Country. Tribal energy development will mean long-term economic development, and in turn the United States will become stronger. That is an investment worth making. This is a good development and it is part of the solution to realizing our potential, but it is not the entire answer. On this and other issues, barriers stand in the way of progress for Indian Country and our entire nation. Sometimes it’s bureaucracy. Sometimes it’s a lack of access to financing and federal programs. We call for tribes to receive the same treatment under the law as state and local governments on tax and financial matters. It is time for these barriers to be lifted. The situation is similar for electronic communication, which is the backbone of the new information economy. Across the nation, broadband is available to 95 percent of Americans. But in tribal communities, it’s only 10 percent. Broadband is the pipeline to progress, and we need investment, but first we need an end to barriers that stand in the way of that investment. As with energy, the result will be growth, jobs and opportunity—because our potential is already there. We’ve already seen what such investment can do. The Confederated Tribes of the Warm Springs Indian Reservation operate a telecommunications company that is using federal funds, plus grant and loan packages, to expand broadband. So far they are reaching 1,000 square miles of a reservation. They are connecting nearly 2000 people, 18 businesses and the tribal government, plus schools, health care facilities, and police and fire departments. This kind of investment is the foundation for progress throughout Indian Country. Broadband is just one aspect of our infrastructure needs. In fact, there has never been sufficient federal or private investment to spur growth, or fund adequate services in this area.

There is also huge potential to invest in our youth. We seek investments in after school programs, quality education from pre-K through college, and job training programs. We have many bright students, yet many of our Indian schools lack the curriculum or proper tools that enable them to compete for scholarships and other opportunities. Our Republican and Democratic partners in Congress and the Administration share a vision for a more effective education system in America, and we encourage them to start in Indian Country. Our children have been waiting for generations, and today is always a good day to begin. These are some of the things that Congress can do to free the tribes to pursue self-reliance.

There are other things to do, too—things that won’t cost a penny. Our largest assets – tribal lands – remain fragmented and caught in a web of stifling BIA regulations and bureaucracy. Current trust policy is neither effective nor appropriate, and Congress must modernize the trust to reflect the role of tribes as decision-makers in the management of our own lands. The Supreme Court’s decision in Carcieri is threatening the ability of many tribes to restore their lands and build economic development and jobs. This must be fixed. With the Cobell settlement and the pending establishment of the Indian Land Consolidation Fund, the federal government has an opportunity to make foundational changes to the trust that will improve administration and further self-determination. We thank the Administration and Secretary Salazar for their leadership on these issues, but the work is not done.

We share the passion for self-reliance and more efficient government brought by many new members of Congress. In many instances, that is exactly what Native people need: a government that respects our Constitutional sovereignty, a government whose leaders want to cut the red tape that blocks investment and prevents us from participating fully in economic life. This new era must be characterized by equal treatment of tribal nations with other governments — the same rules, and the same opportunities for economic growth. The federal trust responsibility does not have a political affiliation. At this momentous juncture, when a new era is rising, it is critical for Congress and the Administration to honor the special status of tribal nations – and our citizens – solemn promises made in treaties, executive orders, and acts of congress. We urge Congress to sustain investments in tribal nations by holding Indian programs harmless and providing much needed funding for infrastructure, law enforcement, health care, job creation, and education.

For the strength of our nations, and to achieve a more perfect union, now is not the time to step back from investments in tribal communities that hold promise for our entire nation. The foundation is in place, but much work lies ahead. Tribal nations are united with our federal partners by the great ideals of democracy, equality and freedom. There’s something else that unites us, too. This address would not be complete without acknowledging the service of nearly 24,000 American Indians and Alaska Natives in the American armed forces. In that alone, the state of Indian nations can be summed up in one word: proud.
As a veteran, I am keenly aware of this great commitment. Just as hundreds of thousands of other Indian people, I have stood for America as a citizen, I have stood for America as a brother on the field of battle, and I stand now as a warrior to defend the honor of our historic trust. Since 2001, when our homeland was attacked, 77 of our people have died fighting in Afghanistan and Iraq, and over 400 have been wounded. The bond between America and the Indian nations is not in doubt. We remain united, and in a new era we will build a more perfect union…together. Conclusion Toss a stone into the water and the ripples are felt far away. In the same way, the decisions before us today will be felt in tribal life for seven generations, and beyond.

Tribal governments understand that Washington is entering more than a time of difficult budget choices. Congress and the Administration are contemplating fundamental changes in the priorities of government. This is a challenge, but our nation-to-nation relationship presents a unique responsibility and great opportunity—and that is the gateway to a new era of opportunity and self-reliance. Today we call on our federal partners to clear the way for us to expand economic opportunity through entrepreneurism, so that we might compete. Clear the way for us to develop energy on our lands, build commerce and create jobs, so that we might contribute to the national economy, energy independence, and a larger recovery. Clear the way for us to build public infrastructure for our communities, so that our children might thrive and our culture enrich all those around us. Clear the way for us to build up our own communities. When you invest in Indian Country, you will be astounded at the economic strength we bring to America. It is time to harness that power and realize the tremendous return on that investment. The United States and Indian nations are partners and neighbors, bound by the Constitution, we are bound by our great and shared commitment to liberty—and that includes economic liberty. The Indian nations can do the work—if the federal government will clear the way for us to exercise our liberty and thus make a new era and a more perfect union.

The opportunity of that new era depends on governing wisely today.

God bless America and the Indian nations as we make this great and promising journey together.