established in 1894
PO Box 2003, Rapid City, South Dakota 57701
Zumila Wobaga, Itancan (Charmaine White Face, Spokesperson)
An Alternative Report in response to
the Combined tenth to twelfth periodic reports
submitted by the United States of America (USA)
under article 9 of the Convention due in 2017
June 30, 2022
Table of Contents
Summary……………………………………………………..2
Introduction…………………………………………………..2
Eligibility for CERD and ICERD…………………………….4
Racist Practices of the USA…………………………………..5
Remediation…………………………………………………..6
Recommendation……………………………………………...7
Addendums…………………………………………………….8
Summary:
The Sioux Nation is an Indigenous Nation in the middle of North America. In 1894, after facing near annihilation at the hands of the United States, the Sioux Nation Treaty Council (SNTC) was established to fight for the enforcement of all the Articles in the 1868 Fort Laramie Treaty. The people of the Sioux Nation have endured nearly 150 years of racist treatment from the United States within the Treaty Territory. The 1894 SNTC has been approaching the United Nations for forty years, continuing the quest for liberation and freedom through the enforcement of the 1868 Treaty. The Treaty Council is presenting this Report as the International Covenant on the Elimination of Racial Discrimination and Resolution 48/7 of the UN Human Rights Council which was approved on October 8, 2021 advocate for the end of colonization of Indigenous nations.
Introduction:
The Sioux Nation Treaty Council was established in 1894 to keep alive the nationhood of the Great Sioux Nation, a Native American Indian nation, after the United States, in violation of the Fort Laramie Treaty of 1868, began an organized and systematic invasion and colonization of the Sioux people living in the 1868 Treaty Territory. (See Addendum No 1: The For Laramie Treaty of 1868, and Addendum No. 2: 1868 Treaty Territory Map)
According to a Memorandum Opinion by William J. Bielecki, Sr. on Tribal Inherent Powers dated 5 October, 2008, pages 7 and 8, Mr. Bielecki states:
“Various historians has (sp) determined that the “Sioux Nation Treaty Council” formally formed in 1894, shortly after the Wounded Knee massacre. The Sioux Nation Treaty Council represents all of the Sioux Tribes (Approx 49 Tribes), and all other Sioux Treaty Councils would be subordinate to it, regardless of the Treaty Council’s name.”
The entire Memorandum can be found at www.siouxnationtreatycouncil.org
The 1868 Treaty Territory covered the entire western half of the state of South Dakota and parts of North Dakota, Montana, Wyoming, and Nebraska. All of western South Dakota was called the Great Sioux Reservation. Article II in the 1868 Fort Laramie Treaty, specifically states that the Treaty Territory
“shall be and the same is, set apart for the absolute and undisturbed use and occupation of the Indians...and the United States now solemnly agrees that no persons,...shall ever be permitted to pass over, settle upon, or reside in the territory described in this article...”
However, gold was discovered in the sacred Black Hills in the middle of the Treaty territory and so began the invasion of the Treaty territory. The economy of the Sioux Nation was destroyed (bison) and the remaining survivors were placed in Prisoner-of-war camps now called American Indian Reservations, the four largest in what is now called western South Dakota.
After almost totally annihilating the Sioux Nation, a crime called genocide, the USA still today is illegally trespassing in the 1868 Treaty Territory and treating the Native American Indian people with racism, bigotry, and discrimination, thus causing irreparable harm. This illegal trespass is in violation of not just the 1868 Treaty but also in violation of the U.S. Constitution Article VI which states that “treaties are the Supreme Law of the land.” The USA is also in violation of one of their own American laws, the March 3rd Act of 1871 which states:
“...That nothing herein contained shall be construed to invalidate or impair the obligation of any treaty heretofore lawfully made and ratified with any such Indian nation or tribe…” [U.S. Statues at Large, 16:566.]
This clause means that any Treaty made with any Indian nation prior to 3 March 1871 would not be invalidated and the obligations met. The 1868 Treaty was signed, ratified by the U.S. Congress and concluded three (3) years prior to the enactment of this law.
The Sioux Nation Treaty Council has been sending representatives to attend various meetings at the United Nations since 1982 after exhausting all remedies in the American courts. The main purpose has always been to find a resolution of this International Treaty which would mean the 1868 Fort Laramie Treaty would be enforced, the land title returned to the Sioux Nation, and the USA, with rare exceptions, removed from the Treaty territory. The UN Decolonization process could be a way to stop the forced assimilation, racism, and bigotry that has been inflicting drastic harm to the Sioux people for more than 150 years.
Eligibility for CERD and ICERD
The reason for approaching the UN Committee on the Elimination of Racial Discrimination (CERD) is stated eloquently in the beginning paragraphs of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) where it states:
“...Considering that the United Nations has condemned colonialism and all practices of segregation and discrimination associated therewith, in whatever form and wherever they exist, and that the Declaration on the Granting of Independence to Colonial Countries and Peoples of 14 December 1960 (General Assembly resolution 1514 (XV)) has affirmed and solemnly proclaimed the necessity of bringing them to a speedy and unconditional end,...”
The USA is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All Native American Indian people in North America know only too well that the USA will not even uphold their own Constitution, Article VI, which states that “treaties are the Supreme Law of the land.” Therefore, we need the help from the family of nations through the actions of the Committee on the Elimination of Racial Discrimination (CERD) to insure that our now small nation will continue to exist and not be lost to genocide.
In the International Convention, Article 1 No. 3. states:
“Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.”
However, the
reverse of this can destroy a small nation such as the Sioux Nation. The USA passed the Indian Citizenship Act of
1924, (43 Stat. 253, enacted June 2, 1924) declaring all Native American Indians to be citizens of the United
States without their free, prior, and informed consent or the ability to
vote. This law is an aggressive act of
war and would not be tolerated if the USA passed a similar law declaring all
people living in Austria, for example, to suddenly be American citizens without
the right to vote. How can citizens have
an International Treaty with the country where they are a citizen? It is a deliberate act of war determined to
negate the 1868 Treaty provisions and eliminate the Sioux Nation.
Furthermore, it allows the USA to say they only have “domestic treaties” when there is no such concept. In addition, in 1934 with the passage of the Wheeler-Howard Act (June 18, 1934), also known as the Indian Reorganization Act, the USA established “puppet governments” to do their bidding and with whom they “consult” and provide the funds needed by the Sioux people. So in their report, when the USA states that they have “consulted with the tribes”, it is with their own “puppet governments” that they have consulted. The IRA Tribal governments are not our traditional form of government.
Racist Practices of the USA
The United States is currently unlawfully trespassing and occupying the illegal American states of South Dakota, North Dakota, Montana, Wyoming, and Nebraska as these are all portions of the 1868 Fort Laramie Treaty Territory. All of western South Dakota is called the Great Sioux Reservation. It would take volumes to present all the racist actions that continue to confront Sioux people on a daily basis in our own Treaty territory.
As the USA does not give accurate information in their reports to all the people and the world, little is known of the 1868 Fort Laramie Treaty and the fact that the USA is illegally occupying the Treaty Territory. A good example of invasion, occupation, and colonization would be if Russia was to stay in the Ukraine for the next 150 years and the Ukranian people live under forced assimilation, which they are resisting.
The racism and bigotry in the 1868 Fort Laramie Treaty Territory is so egregious that the UN Civil Rights Commission in 2000 stated:
“The expressed feelings of hopelessness and helplessness in Indian Country cannot be overemphasized. There is a longstanding and pervasive belief among many Native Americans that racial discrimination permeates all aspects of life in South Dakota and that prejudice and bigotry play out on many levels, including the workplace, schools, business, and public accommodations. Ample research exists to establish disparities in almost all indicators of social well-being, including income, health, education, employment, and housing. While some have overcome the obstacles and achieved great success, most American Indians have been left behind. For the most part, Native Americans are very much separate and unequal members of society. Thus, it is not surprising that they are underrepresented in terms of economic status and overrepresented in the population of the State's jails, juvenile facilities, and prisons. Systemic, institutionalized, and historic discrimination disadvantage Native Americans in many ways, and therefore the problems they encounter when caught up in the criminal justice system are wholly consistent with other forms of discrimination.
“Despair is not too strong a word to characterize the emotional feelings of many Native Americans who believe they live in a hostile environment.”
(Native Americans in South Dakota: An Erosion of Confidence in the Justice System, South Dakota Advisory Committee to the United States Commission on Civil Rights, March 2000, A report of the South Dakota Advisory Committee to the United States Commission on Civil Rights prepared for the information and consideration of the Commission. The full report can be found at Native Americans in South Dakota: An Erosion of Confidence in the Justice System (usccr.gov) )
Separated by 22 years from 2000 to 2022, the racism and bigotry still remain the same. The most recent examples are included in an article written May 28, 2022 entitled “Native Americans Confront Racism in South Dakota” by Cecily Hilleary in VOA, USA.
“South Dakota today is home to nine Indian reservations: the 2010 census shows it leads the nation in the percentage of Native Americans living below the poverty line” more than 50% of the Native Americans in Rapid City (the second largest city in the state) live in poverty.”
The article, which contains more information, is attached as Addendum No. 3. It can also be found at Native Americans Confront Racism in South Dakota (voanews.com)
Remediation
The UN Human Rights Council Resolution 48/7 passed on Oct. 8, 2021 whose title is “Negative impact of the legacies of colonialism on the enjoyment of human rights” specifically states:
“...Expressing deep concern at the violations of human rights of indigenous peoples committed in colonial contexts, and stressing the need for States to take all measures necessary to protect rights and ensure the safety of indigenous peoples, especially indigenous women and children, to restore truth and justice and to hold perpetrators accountable,
1. Stresses the utmost importance of eradicating colonialism and addressing the negative impact of the legacies of colonialism on the enjoyment of human rights;
2. Calls for Member States, relevant United Nations bodies, agencies and other relevant stakeholders to take concrete steps to address the negative impact of the legacies of colonialism on the enjoyment of human rights;
3. Reaffirms that persecution of members of any identifiable group, collective or community on racial, national, ethnic or other grounds that are universally recognized as impermissible under international law, and the crime of apartheid, constitute serious violations of human rights and, in some cases, qualify as crimes against humanity;
4. Urges States to refrain from the forced assimilation of persons belonging to minorities, including indigenous populations, and to work to ensure that educational curricula and other materials do not stereotype minorities and indigenous populations on the basis of their ethnicity;
5. Invites United Nations human rights mechanisms and procedures, in fulfilling their mandates, to continue to pay attention to the negative impact of the legacies of colonialism on the enjoyment of human rights; ...”
By enforcing the legality of the 1868 Fort Laramie Treaty, the United Nations (UN) would not be a party to the unlawful oppression, ethnic cleansing, and genocide of the Sioux Nation. The UN, to have global legitimacy, needs to live up to its word, honor, ideals and resolutions. The Preamble to the UN Charter specifically states:
“WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and...”
The UN must insure the survival of one of the smallest nations by simply listing the Sioux Nation in the UN Decolonization processes before it is too late.
Recommendation:
We strongly recommend the Committee, in your report to the General Assembly, powerfully advocate for the inclusion of the Sioux Nation in the UN Decolonization processes for the enforcement of the 1868 Fort Laramie Treaty. In 2015, Pakistan recommended this to the Human Rights Council calling us the Dakotas. We are the Sioux Nation although some of our people speak the Dakota, one of three dialects of our language.
Not to forget all the other Indigenous nations, and for the universality of our recommendation, we also recommend that ALL Indigenous nations with treaties or agreements with colonizing governments be given the same consideration in the Decolonization processes. The UN also must establish a Decolonization process for those Indigenous Peoples without treaties or agreements but who also suffer under colonization and colonizing governments.
Although the usual question will be, “What about secession?” The larger question is: “How can the Sioux Nation secede when we are a separate nation illegally being occupied? We can’t secede when we are not a part of the USA.” Therefore, advocating for the legal enforcement of an International Treaty is not promoting secession. It is only promoting what the Covenant stood for in the first place:
“Considering that the United Nations had condemned colonialism...”
Thank you. Wopila tanka. Our deepest gratitude for your work and considering our recommendations.
Addendums:
Addendum No. 1: Fort Laramie Treaty of 1868
Addendum No. 2: 1868 Fort Laramie Treaty Territory Map
Addendum No. 3: VOA Article, May 28, 2022: Native Americans Confront Racism in South Dakota
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