Wednesday, January 20, 2021

White House, White Lies: The War of 1812-2021

 

Raise My Heart at Standing Rock

 


“Only one thing is sadder that remembering that you were once free, and that’s forgetting you were once free.  That would be the saddest thing of all.
That’s one thing we Indians will never do.”

Noble Red Man (Mathew King) Oglala Lakota Elder

 

 

There is no way to comprehensively understand the historical correlations being made today between the actions of the mob at the US Capitol on January 6 and the burning of the White House by the British during the War of 1812, without taking into account the issues of territorial conflict, collusion, and competition between the young US republic, the British Crown and the diverse Original Nations of Indigenous Peoples of the Great Turtle Island Abya Yala [Americas].  While the battle among the British brethren was embedded in the larger colonial project of global empire building among their cousins of the French, Spanish, Portuguese, and Dutch branches of the family tree of Christendom, the Indigenous Peoples were also united in an international cultural kinship system as Original Nations of Mother Earth.

 

Similar to the mythological foundations of the Christendom as a whole, which originated in the Levant, the Origin Stories of the cultures of Indigenous Peoples of the Great Turtle Island Abya Yala emerged from the ancestral teachings of custom and tradition that spanned millennia and were rooted in a deep spiritual relationship with the Earth, as mother to all life. In distinction from the Western Christendom dogma of dominion over the earth and the creatures of the earth, the native nations in general regarded the relationship with the material world as a sacred cosmetric quadrant of creation, not a proprietary interest to be commodified.

 

“The land does not belong to us we belong to the land.”

 


In 1812, the British brethren were divided between those loyal in allegiance to the crown (Tories) and the patriots of the newly independent 13 American colonies, while the Indigenous Nations were fractured not in allegiance but in geopolitical alignment among themselves and with the British, French, Spanish and American colonial forces.

 

When the British brethren negotiated an end to the war amongst each other with the Treaty of Ghent in 1815, the Indigenous Peoples were not party to the treaty, even though it was the issue of jurisdiction over their ancestral territories that was the root of the conflict.  The American settler state system was expanding beyond the limits of the original thirteen colonies, which had extracted gruesome benefit from the decimation of the original indigenous peoples of the eastern coast by the smallpox epidemics introduced by the Europeans colonists.

 


When the Royal Proclamation of 1763 acknowledged the presence and territorial rights of the Indigenous Peoples still standing on the western border of the colonies, the land lust of the colonists was not to be denied, and the rebellion of the colonists was directed more against this prescription of territorial limits than it was a battle for  democracy. The USA version of the American experiment in democracy did not really begin until the 1965 voting rights act, which opened the way after 200 years for the shift in US electoral power away from the “white” American constituencies of control and command in the national election of 2020. The American historical experience is an experiment in colonization.

 


Along with the territorial prescriptions of the Royal Proclamation of 1763, the colonists were rebelling against the pronouncements of the high courts in England, exemplified in the Somersett case of 1772, that decided in the favor of the growing abolitionist movement against human slavery in any territory governed by the English common law.

 

This denial of recognition of the territorial rights of the Indigenous Nations in an international compact was a continuation of the colonial policy already established in the Treaty of Paris of 1783, when the British Crown first acknowledged the independence of the 13 colonies and opened the door for the geopolitical realpolitik of the sovereign corporate state in world affairs.  This pattern continues today as evidenced by the very same policy in the US-Mexico-Canada Agreement (USMCA) on trade which replaced the North American Free Trade Agreement (NAFTA) in 2020.

 


Stop The Line 3 Pipeline

With the break from allegiance to the Crown of England, the power of sovereignty of the newly recognized nation within the global realm of Christendom was designed with the philosophy of republican ideals, but the public dimension of the republic was conceived and constructed as being restricted to the property of concept of US citizenship as a function of “White” identity, and allegiance.  These would be the “Americans”.  Everyone else would end up being the African-Americans, Italian-Americans, Latin-Americans, French-Americans, Asian-Americans, Mexican-Americans, Native-Americans, etc.

 

The exceptions to the social schema were the “Savages” i.e. Indigenous Peoples whose existence as nations, cultures, and human beings lay beyond the dominion concepts of Christendom, beyond the US constitutional framework, and whose lands and territories the new nation required for expropriation and colonial expansion.

 

Still, while the American colonists broke from submission to the crown as sovereign in 1776, they sustained the continuity of the English Common Law system as the source and authority of the fundamental tenets of the legal system and processes of governance of the newly formed American republic.  Such was the case in 1812, such is the case today in 2021.


The War of 1812 was a world war, a global conflict of world views and the struggle against European colonialism and corporate imperialism. It was a continuation of the original World War I, which began with the initial invasion of this continent of the Great Turtle Island Abya Yala [Americas] on October 12, 1492. 

 

This world war continues today.

 



Kings and Kingdoms:

Doctrine and Domination

 

The history of transition from a chartered colony of Christendom, to a territory ruled by force of violent invasion by the European American “white” colonizers, to the formation of a polity of statehood and subsequent admission into the union of states called the USA, also required a systemic mechanism to control the allegiances, nationality and citizenship of the constituencies of the new republic as a whole. In the absence of the absolute command of allegiance of the Sovereign, in this case King George of England, the colonies broke from the modus operandi of the cartel of the Divine Right of Kings (Christendom). It became necessary to format the public consciousness in a systematic manner, manufacturing consent for the rationalization and expansion of territorial dominion via political acts of allegiance to the Divine Right of States. It became necessary to manufacture the mythology of America.

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From Wikipedia

Tecumseh, the Creek War, and the War of 1812

By 1800, the Indian population was approximately 600,000 in the continental United States. By 1890, their population had declined to about 250,000. In 1800, William Henry Harrison became governor of the Indiana Territory, under the direction of President Thomas Jefferson, and he pursued an aggressive policy of obtaining titles to Indian lands. Shawnee brothers Tecumseh and Tenskwatawa organized Tecumseh's War, another pan-tribal resistance to westward settlement.

Tecumseh was in the South attempting to recruit allies among the Creeks, Cherokees, and Choctaws when Harrison marched against the Indian confederacy, defeating Tenskwatawa and his followers at the Battle of Tippecanoe in 1811. The Americans hoped that the victory would end the militant resistance, but Tecumseh instead chose to ally openly with the British, who were soon at war with the Americans in the War of 1812. The Creek War (1813–14) began as a tribal conflict within the Creek tribe, but it became part of the larger struggle against American expansion. Tecumseh was killed by Harrison's army at the Battle of the Thames, ending the resistance in the Old Northwest. The First Seminole War in 1818 resulted in the transfer of Florida from Spain to the United States in 1819. 

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THE CONSTRUCTION OF RACE AND THE EMERGENCE OF WHITENESS AS PROPERTY

Cheryl I. Harris

The racialization of identity and the racial subordination of Blacks and Native Americans provided the ideological basis for slavery and conquest.

 

Although the systems of oppression of Blacks and Native Americans differed in form - the former involving the seizure and appropriation of labor, the latter entailing the seizure and appropriation of land - undergirding both was a racialized conception of property implemented by force and ratified by law.

 

The origins of property rights in the United States are rooted in racial domination.  Even in the early years of the country, it was not the concept of race alone that operated to oppress Blacks and Indians; rather, it was the interaction between conceptions of race and property that played a critical role in establishing and maintaining racial and economic subordination. The hyper-exploitation of Black labor was accomplished by treating Black people themselves as objects of property. Race and property were thus conflated by establishing a form of property contingent on race - only Blacks were subjugated as slaves and treated as property. Similarly, the conquest, removal, and extermination of Native American life and culture were ratified by conferring and acknowledging the property rights of whites in Native American land. Only white possession and occupation of land was validated and therefore privileged as a basis for property rights. These distinct forms of exploitation each contributed in varying ways to the construction of white-ness as property.

 

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Martin Luther King Day: Emancipation and Immigration


Tehuan Titlacah 

We, the Peoples : Nosotros, los Pueblos

And so when Dr. Cornel West took the time to address the scenario of white supremacy and the Imperial Project of the Americas in Arizona on October 2, 2010 at North High School, it was also fitting and relevant that the testimony which follows, delivered to the US Commission on Immigration Reform on March 22, 1995 in Phoenix, Arizona chaired by Ms. Barbara Jordan, be read into the record of the community archive of the conversation and discussions now reactivated.
Excerpt:
"In closing, we issue this call to conscience especially to our brothers and sisters whose history and blood is joined with ours as victims of the forced removal through slavery from Africa.  The time has come to re-evaluate the gains and limitations of the civil rights movement for which we both have sacrificed much over the generations.  Do not abandon us.  The African continent is reaching for the completion of the long decolonization process.  We as Indigenous Peoples of this part of Mother Earth aspire to the same liberation.  Our solidarity with your struggle is written in deeds and sacrifices we have made in common, sacrifices which are ongoing today.

We must achieve what those who have had power over us have always had:  an intercontinental strategy.  Let us continue to give our first allegiance to our common humanity as our ancestors taught us and fight to preserve this sacred Mother Earth from those who would callously exploit and destroy what was never theirs to own."

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Observations of early Europeans on the impact of smallpox on Indigenous Peoples

17th century New England colonists believed God was punishing Indigenous people for being non-Christians with disease while at the same time clearing them from the land so Europeans (who perceived themselves to be morally superior) could take over.  In New England in 1633, William Bradford wrote that “It pleased God to visit these Indians with a great sickness” and that because of this, “God hath hereby cleared our title to this place.”

 

Over a hundred years later at Fort Pitt (Pittsburgh) in 1763, the British would attempt to break Native American resistance during Pontiac’s War by infecting them with smallpox; unwashed blankets acquired by trader William Trent from the local smallpox hospital were given to LenniLenape (Delaware) leaders; Trent wrote that he hoped the blankets would “have the desired effect”; this incident and evidence of subsequent plans recorded in British imperial archives to deliberately infect Indigenous peoples with smallpox demonstrate that the British were engaging in biological warfare.

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#TecumsehAndSelfDeterminationToo


#DismantlingTheDoctrineOfDiscovery

#SelfDeterminationMatters 

The Murder of George Floyd and The Death of "White" Supremacy:
Dismantling the Master's Narrative


Whatever may come of the murder of George Floyd, the death of institutionalized American "White" Supremacy must follow: NOW!

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Apartheid and Manifest Destiny:
From Africa to Arizona

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The Master's Narrative: 

Memes of Caste and the Anomaly of Histories


The acceptance of the Doctrine of Discovery into United States law held profound implications for future relations between the federal government and the Indians. The Doctrine of Discovery’s discourse of conquest was now available to legitimate, energize, and constrain as needed white society’s will to empire over the North American continent.


The doctrine confirmed the superior rights of a European-derived nation to the lands occupied by “infidels, heathens, and savages,” encouraged further efforts by white society to acquire the Indians’ “waste” lands, and vested authority in a centralized sovereign to regulate the Indian’ dispossession according to national interest, security, and sometimes even honor.

Perhaps most important, Johnson’s acceptance of the Doctrine of Discovery into United States law preserved the legacy of 1,000 years of European racism and colonialism directed against non-Western peoples.

White society’s exercise of power over Indian tribes received the sanction of the Rule of Law in Johnson v. McIntosh. The Doctrine of Discovery’s underlying medievally derived ideology – that normatively divergent “savage” peoples could be denied rights and status equal to those accorded to the civilized nations of Europe – had become an integral part of the fabric of United States federal Indian law.  The architects of an idealized European vision of life in the Indians’ New World had successfully transplanted an Old World form of legal discourse denying all respect to the Indians’ fundamental human rights.

While the tasks of conquest and colonization had not yet been fully actualized on the entire American continent, the originary legal rules and principles of federal Indian law set down by Marshall in Johnson v. McIntosh and its discourse of conquest ensured that future acts of genocide would proceed on a rationalized, legal basis.

The American Indian in Western Legal Thought, Robert Williams (p. 316-317)



Western Shoshone Self Determination and the Doctrine of Discovery


The legal position of the US government in the Western Shoshone case before the IACHR is a narrative of racial supremacy and animus towards the Indigenous Peoples that pretends to argue that the “gradual encroachment” of US settler state constituents over Western Shoshone traditional territories is a legal justification for dispossession and environmental destruction.  “Encroachment” is not a valid legal theory, it is only an excuse, in this case a bad excuse. 

Besides the fact that encroachment presumes a recognized right of possession over what is being encroached upon, in this case Western Shoshone Territories affirmed in the 1863 Treaty of Ruby Valley, the action of encroachment never eliminates this preceding underlying interest.  Encroachment of the settler state domestic system of fee simple patent of private individual property interests only subverts the underlying and persisting Indigenous title and rights or imposes upon it in the form of a subsequent (in time) set of interests.


The “gradual encroachment” theory in the Western Shoshone case by the US government is the evil twin of the theory of “laches” that the state of New York used against the Onondaga Nation when it attempted to correct a similar territorial issue of international import before the US Supreme Court in 2016.  Both theories contemplate an extended a period of time, one forwards and the other backwards, and officialize this version of settler state history, ignoring and subverting the historical evidence of the territorial responsibilities and rights of the Original Nations of Indigenous Peoples of the territories in question.  These cases are classic narratives of description of the jurisprudence of the Forked Tongue Folk when it comes to Indigenous Peoples, where law is practiced but justice is never delivered.

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McGirt, Oklahoma, and the EPA – Federal anti-Indian Law in Action 

Peter D'Errico

When TYT News reported the EPA had granted Oklahoma the same authority the state had before McGirt, they explained that the EPA “can do this because federal legislation can nullify Supreme Court rulings.” In this case, the legislation was passed 15 years before the ruling, so it’s not quite right to say it “nullified” it. Nonetheless, this is precisely the Achilles heel of McGirt. It was visible to anyone who really read the McGirt decision: “Congress remains free…. It has no shortage of tools….”

The “freedom” of Congress is the unfreedom of Native nations and peoples. The original free existence of Native nations and peoples in their own lands was and is the target of federal Indian law. Federal Indian law, understood to its core — “plenary power” — is federal anti-Indian law, built to seize Native lands. The EPA – Oklahoma deal is only the latest effort.

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YOU'RE LOOKING AT THE FIRST DRAFT

OF THE CONSTITUTION.


The Haudenosaunee Peace Confederacy

 

Before the ideas of inalienable rights, liberty, and democracy were strung together in words,   they were strung together in beads made of shells in the Wampum Belt of  the Haudenosaunee Confederacy, also known as the Confederacy of the Iroquois.

 

This Wampum Belt represents 1,00 years of democratic principles that we Indigenous Peoples shared with our immigrant brothers and sisters from Europe (including Thomas Jefferson and Benjamin Franklin who openly acknowledged in speeches and in writings that our

contribution formed the basis of the US Constitution).

 

We shared our belief that leaders should represent and serve the people, which was a startling belief in a world ruled by Kings and Queens .

 

We shared what we call The Great Law, which is the natural law of human dignity that precedes and underlies all other laws.  Even the words "We, the Peoples" were taken from an ancient traditional phrase of the Haudenosaunee Confederacy.

 

In this way, we can all pursue happiness together as  kindred nations of Mother Earth.

 

BE A GOOD RELATIVE



 

Monday, January 4, 2021

TONATIERRA: Submission to IACHR, Western Shoshone Case 11.140, Mary and Carrie Dann

TONATIERRA

Community Development Institute

PO Box 24009

Phoenix, AZ 85074

www.tonatierra.org

tonal@tonatierra.org

 

 

January 4, 2021

To: Inter American Commission on Human Rights

Organization of American States
Attention: Mario Lopez-Garelli, Office of the Executive Secretary

 

DOWNLOAD PDF


Re:     Mary and Cary Dann, Case 11.140

United States

Follow up on compliance with recommendations

 

Dear Assistant Secretary Lopez-Garelli,

 

In our letter of September 22, 2020 to your office we submitted a  record of developments relevant to the August 18, 2020 request by the IACHR to the US State Department under Secretary Mike Pompeo for follow up information about compliance of the US government pertinent to the findings of violations of the rights of Indigenous Peoples as established in the case of the Western Shoshone (Mary and Carrie Dann - 11.140).


Included in the communique from the IACHR to the US government was a request for information regarding actions to inform State agencies regarding the UN Declaration on the Rights of Indigenous Peoples (2007):

 

“Also inform whether there has been progress in the Federal Government's initiatives to protect the rights of Indigenous peoples, including the actions to inform State agencies about the principles contained in the United Nations Declaration on the Rights of Indigenous Peoples.”


On September 3, 2020 on behalf of the US Department of State, Mr. Bradley A. Freden Deputy Permanent Representative,
responded to the request from the Inter-American Commission on Human Rights Organization of American States as follows:

 

“The United States has no further observations about developments related to these 28 cases and respectfully refers the Commission to our previous substantive filings in these cases, relevant hearing presentations, and other relevant U.S. correspondence.”

 

Also on August 18, 2020 the IACHR made a formal request for information to the legal representative of the Western Shoshone Defense Project regarding compliance with recommendations by the US government in the case.  On September 11, 2020 the response to the IACHR by Ms. Julie Cavanaugh-Bill on behalf of the Western Shoshone Defense Project stated:

 

“With respect to our observations on the United States' compliance with the Commission's recommendations in the Case Report, unfortunately, we are still unaware of any efforts the State Party has made to comply with the recommendations. We again adopt the requests made in our previous correspondence.  Since the filing of those observations, the United States has continued to take no action on the recommendations and has continued to allow destructive resource extraction activities on the ancestral land of the Western Shoshone with no attempt to sit down and resolve the long standing and ongoing human rights violations identified in the Commission's Report and in the United Nations CERD Decision 1 (68). We respectfully repeat the request for additional intervention by the Commission to conduct an on-site visit and to recommend a training workshop for public officials on the international human rights of Indigenous Peoples.”

 

Although the deadline for submissions to be considered for inclusion in the IACHR 2020 Annual Report has passed, as an organization of Indigenous Peoples whose fundamental human rights are being systematically violated in consequence of the failure to comply by US government to specific recommendations referenced the Western Shoshone case, we submit the following information of context and substance for your consideration in the annual report for 2021:

 


Background:

 

On September 13, 2020 our organization referenced the lack of good faith and lack of substantive action regarding the IACHR recommendations in the Western Shoshone case on the part of the US government in our intervention to the Tom Lantos Human Rights Commission (TLHRC) House Committee on Foreign Affairs.  We specifically called into question the failure to recognize, respect, and provide guarantees for protection of the rights of Indigenous Peoples as articulated in the UN Declaration on the Rights of Indigenous Peoples in the newly established US-Mexico-Canada Agreement (USMCA) on international trade.

 

Our submissions to the Tom Lantos Human Rights Commission provided documented evidence relevant to the systematic violation of the right of Indigenous Peoples to Free, Prior, and Informed Consent under the recently adopted USMCA, and the systematic violation of the Human Rights of Indigenous Peoples as Migrant Workers with families with special measures of protection guaranteed by International Labor Organization Convention 169.  This point is clearly relevant to the request by the IACHR for information regarding developments regarding public policies and “actions to inform State agencies about the principles contained in the United Nations Declaration on the Rights of Indigenous Peoples” in particular because the newly adopted USMCA includes in Chapter 32, Section A – Exceptions, the provisions of Article 32.5: Indigenous Peoples Rights.  The USMCA entered into force in all member states on July 1, 2020.


The IACHR began the official proceedings on Western Shoshone case on April 7, 1993, which was 14 years before the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the UN General Assembly on September 13, 2007.    The US government voted against approval of UNDRIP at the UN.  The IACHR did include reference to the draft version of UNDRIP in its final report on the case in 2002, along with reference to international recognition of traditional land use and tenure systems of the Indigenous Peoples under Convention 169 of the International Labor Organization.  However, the principles and standards of UNDRIP, as they now apply in substance and context, were not yet available as a definitive instrument international human rights law for the purposes of evaluating the violation of Western Shoshone territorial rights and Human Rights before the IACHR as Indigenous Peoples, equal to all other peoples.

 

The time has come to re-evaluate the methodologies and procedures of remedy for violations of the Human Rights of the Original Nations of Indigenous Peoples of Abya Yala [Americas] in a contemporary context of International Law, considered in the light of the fundamental principle of non-discrimination, bringing to bear effective measures that address the need to repudiate and dismantle the legaloid tenets of the Doctrine of Discovery of Christendom that systematically shrouds the 528 years of continued colonization and genocide under the successor state regimes of the Americas.

 


Western Shoshone Self Determination and the Doctrine of Discovery

 

The legal position of the US government in the Western Shoshone case before the IACHR is a narrative of racial supremacy and animus towards the Indigenous Peoples that pretends to argue that the “gradual encroachment” of US settler state constituents over Western Shoshone traditional territories is a legal justification for dispossession and environmental destruction.  “Encroachment” is not a valid legal theory, it is only an excuse, in this case a bad excuse.  Besides the fact that encroachment presumes a recognized right of possession over what is being encroached upon, in this case Western Shoshone Territories affirmed in the 1863 Treaty of Ruby Valley, the action of encroachment never eliminates this preceding underlying interest.  Encroachment of the settler state domestic system of fee simple patent of private individual property interests only subverts the underlying and persisting Indigenous title and rights or imposes upon it in the form of a subsequent (in time) set of interests.

 

The “gradual encroachment” theory in the Western Shoshone case by the US government is the evil twin of the theory of “laches” that the state of New York used against the Onondaga Nation when it attempted to correct a similar territorial issue of international import before the US Supreme Court in 2016.  Both theories contemplate an extended a period of time, one forwards and the other backwards, and officialize this version of settler state history, ignoring and subverting the historical evidence of the territorial responsibilities and rights of the Original Nations of Indigenous Peoples of the territories in question.  These cases are classic narratives of description of the jurisprudence of the Forked Tongue Folk when it comes to Indigenous Peoples, where law is practiced but justice is never delivered.

 

Historically, just as the Haudenosaunee Confederacy saw the arrival and departure of the Dutch and the French in their territories, the Shoshone Nation also saw the coming and going of Spain and Mexico. New York was originally called New Amsterdam by these folks, and Nevada is a term that originates in the Spanish geography of the Empire of New Spain which the Republic of Mexico integrated into the formation of the Republic of Mexico in 1821.

 

In the Western Shoshone case, the United States claims that the title to the land in question was ceded to the United States by Mexico in 1848, subject to occupancy by the Native Americans.

 

Full stop.

 

Before proceeding further, clarifications are required, contemporary principles of international justice and non-discrimination must be established:

 


All subsequent arguments by the US government in the Western Shoshone case presume that the legal validity of the “title to the land in question” ceded to the US by the Treaty of Guadalupe Hidalgo (1848) with Mexico is unquestioned, has never been questioned, and never will be questioned in a venue of jurisdiction where the principle of justice is the law that governs the rules. Not just the law of the rulers.

 

United Nations Commission on Human Rights

Sub Commission on Prevention of Discrimination and Protection of Minorities

HUMAN RIGHTS OF INDIGENOUS PEOPLES

 

Study on treaties, agreements and other constructive arrangements between States and indigenous populations

 

The concept of the ‘rule of law’ began to traverse a long path, today in a new phase, towards transformation into ‘the law of the rulers’.

Final report by Miguel Alfonso Martínez, Special Rapporteur

22 June 1999


The United States maintains that the 1863 Treaty of Ruby Valley with the United States and the Western Shoshone is an agreement to end hostilities between them and live amicably. The United States claims that subsequent to the treaty with the Western Shoshone it treated certain lands within the area at issue as lands of the United States.

 

The “treatment” of Shoshone ancestral territories by inscription into the public land patent system of the US real estate system of dominion originates in the Common Law of England, exemplified by the enclosures of the crown. According to this claim, the process is identified in the Western Shoshone case as “inverse condemnation” via the gradual encroachment of settler state constituents encouraged to move into the territory by the US government.


This line of argument has been upheld in the US courts by decisions that affirm extinguishment of Shoshone land title by the inverse condemnation of gradual encroachment, and the claim that the Treaty of Ruby Valley “was not intended to acknowledge Shoshone title to lands covered by it.”

 

In terms of the proceedings within the US Indian Claims Commission’s case regarding the Shoshone territories referenced in the 1863 Treaty of Ruby Valley, the fraudulent claim of extinguishment in 1872 is compounded by the attempts of the US government to hide the racist and discriminatory nature of the bureaucratic dispossession of Indigenous Peoples from their ancestral homelands in the Indian Claims Commission proceedings.  Against these forces of extinguishment, expropriation and exploitation, the Dann sisters, Mary and Carrie, gave their entire lives in full force of battle as indigenous women of the Western Shoshone Nation.  Mary Dann passed away in 2005 and Carrie Dann has now joined her sister in the Spirit World in January of 2021.

 

The IACHR issued a report in 2002 condemning the United States for violating the Dann sisters' human rights, rejecting the United States' argument that its denial of continuing Western Shoshone rights was in accordance with U.S. law.  The IACHR also noted the inadequacy of the historical rationale for the presumed taking of Western Shoshone land and also cited the United States' failure to apply the same just compensation standard ordinarily applied for the taking of property interests under U.S. law to the Western Shoshone.

 

Yet in none of these proceedings and determinations has the legal issue which is the contextual core of the dispute been raised that could clarify the fundamental question:

Specifically what is the legal foundation for the claim that the government of Mexico in 1848 had authorization to transfer valid land title and jurisdiction, in this case over Western Shoshone territory, to the US government?
By what mechanisms of International law, past or present, have the Original Nations of Indigenous Peoples impacted by the 1848 Treaty of Guadalupe Hidalgo with Mexico, been reduced to mere  holders of occupancy rights, in subsumed allegiance as domestic dependent nations to the social schema of American white supremacy, AKA Manifest Destiny?

 

Why and how is the inadequacy of this historical rationale still being normalized and ignored, even within the mechanisms of protection for  Human Rights of Indigenous Peoples within the IACHR system?

 


In a working meeting in 2018 with the IACHR regarding the case the Western Shoshone petitioners informed the commission that the US government has not taken any actions to comply with the recommendations set forth in Merits Report No. 75/02. The petitioners also highlighted that the State has continued to allow destructive resource extraction activities to occur on the ancestral lands of the Western Shoshone Indigenous people, including continued mining and exploration at Mt. Tenabo/Horse Canyon, threatened mine exploration currently underway at Tosawibi Quarry, threatened oil and gas leasing underway at Ruby Valley, threatened molybdemon mining at Mt. Hope, and low-level nuclear waste at Yucca Mountain, which are having detrimental environmental effects including putting in danger the water supply of the Western Shoshone.

 

During working meeting held in 2018, the petitioners expressed their concern that the State has and continues to prioritize  mining and extractive projects over the rights of the Western Shoshone Indigenous people. The petitioners reiterated their request  that  the IACHR conduct an on-site visit to Shoshone Territory to meet with traditional and tribal leaders. Further, they expressed their interest in opening a dialogue with the State to advance in the implementation of the recommendations issued by the IACHR in Merits Report No. 75/02.

 

This request to consider dialogue on the issues with officials of the US government was reiterated in the 2020 in the message by the Western Shoshone Defense Project to the Inter American Commission on Human Rights calling for additional follow up intervention by the Commission, including an on-site visit to the Western Shoshone Nation and workshops for public officials on the international human rights of Indigenous Peoples.


To this end, in complement, solidarity and commitment we now submit the following information of relevant
context and substance for your due consideration in the case of Mary and Cary Dann (11.140):


On November 20, 2020 the Tom Lantos Human Rights Commission (TLHRC) of the House Committee on Foreign Affairs conducted a virtual hearing on Human Rights of Indigenous Peoples in the Americas. In the follow up submission by our organization to this virtual hearing of the TLHRC we stated:


“The commission is to be commended for addressing the overarching theme of Human Rights of Indigenous Peoples in a continental context, which is not only appropriate but necessary in order to achieve a comprehensive historical understanding and analysis of the systemic nature of human rights violations against Indigenous Peoples which persist in the continent.

 

“It is our understanding that the TLHRC addressed the issue of human rights of Indigenous Peoples in Latin America some ten years ago. During the virtual hearing on the 2oth of November, the substance of the testimonies during the virtual hearing echoed a common denominator of dispossession, discrimination, dehumanization, colonization and genocide that has been normalized in the Americas since October 12, 1492.  That the “Latin American” chapter in this history has been reviewed by the TLHC is significant in the defense of internationally recognized human rights norms, but the issues of human rights violations against Indigenous Peoples in the Americas is not limited to the Roman Civil Law successor states of Latin America.  The Anglo-American successor states on the continent, whose origin derives from the English Common Law of  Christendom, must also come under review in the context of internationally recognized human rights principles and norms as enshrined in the Universal Declaration of Human Rights, and other relevant human rights instruments such as the UN Declaration on the Rights of Indigenous Peoples (2007). 

 

A comprehensive historical understanding and analysis of the systematic human rights violations against Indigenous Peoples in the Americas [North-Central-South] must necessarily integrate a critical position in regard to the nefarious and racist Doctrine of Discovery of Christendom (October 12, 1492) which continues to be normalized by the successor states across the continent. 

 

As we have now engaged the Tom Lantos Human Rights Commission in a public dialogue intended to promote the recognition, respect and guarantees for the Human Rights of Indigenous Peoples, we submit this report to the IACHR mindful of the lack of substantive response by the US government to your request of August 18, 2020 to the US Department of State regarding the case of our dear Shoshone relatives, Mary and Carrie Dann.

 

We submit here these principles for consideration  in the Western Shoshone case going forward with the intent to connect principle with action, recognition with mutual respect, and humanity with the Territorial Integrity of Mother Earth.

 

Sincerely,

 

 

Tupac Enrique Acosta

TONATIERRA

chantlaca@tonatierra.org


 

Continental Commission Abya Yala

TONATIERRA

Secretariat

tonal@tonatierra.org