Indian Tribes

6
Mrz
2005

Healing And Protecting Our Sacred Mother Earth

http://www.firstnationsdrum.com/Sum2002/CovHealingProtecting.htm


Informant: MessiahTwain

Peace Treaty of 1866 Could Stop Nuclear Dump

http://www.klastv.com/global/video/popup/pop_playerLaunch.asp?clipid1=367209&at1=News+%2D+Special+Coverage&vt1=v&h1=Peace+Treaty+of+1866+Could+Stop+Nuclear+Dump&d1=95667&redirUrl=www.klastv.com&activePane=info&LaunchPageAdTag=homepage

The western Shoshone Nation is suing the DOE in federal court, claiming the proposed nuclear dump violates a land-use treaty dating back to the 1800.

You'll need a version of Windows Media Player 7 or higher to view the video. If you need to download it, go to http://www.microsoft.com/windows/mediaplayer/en/default.asp. The video player is supported by Microsoft IE 5.0 and above.

Informant: Carrie Dann

4
Mrz
2005

Western Shoshone Nation Uses 1863 Treaty to Stop Yucca Mtn Nuclear Waste

Press Release – For Immediate Release

Western Shoshone Nation Uses 1863 Treaty to Stop Yucca Mtn Nuclear Waste

March 4, 2005. Las Vegas, Nevada.

TODAY: This morning, March 4, 2005, at 10:00 am, the Western Shoshone National Council filed a lawsuit in the federal district court in Las Vegas, Nevada. The complaint, which lists the United States, and the Secretaries of the Departments of Energy and Interior as defendants, seeks declaratory and injunctive relief to stop nuclear waste and storage at Yucca Mountain, an area long held as significant to the Western Shoshone Nation and included within the boundaries of the 1863 Treaty of Ruby Valley. A hearing will be scheduled by the court and could be held as early as the end of March. A press conference was held both before and after the filing on the steps of the federal courthouse. Following is a press statement issued by the Western Shoshone National Council. For additional information, please contact Attorney Robert R. Hager at 775-336-7586.



NEWS RELEASE

FROM THE WESTERN SHOSHONE NATIONAL COUNCIL

The Western Shoshone National Council has filed this lawsuit against the plan of the United States Department of Energy to make Yucca Mountain the dump for nuclear waste from the United States and from forty-one other countries around the world. Yucca Mountain is located in the Territory of the Western Shoshone Nation, as described in Article 5 of the 1863 Treaty of Peace and Friendship entered into between the Western Shoshone Nation and the United States, at Baa Gaa Zoo (also now called Ruby Valley, Nevada).

Article 6 of the U. S. Constitution states that “(T)reaties are the supreme law of the land.” This Treaty, then, overrides all other U.S. laws. Under the Treaty, there were five uses which the United States of America and the Western Shoshone Nation agreed could occur on Western Shoshone Territory. Those five uses are the establishment of (1) settlements, (2) mines, and (3) ranches, and the construction of a (4) railroad, and of (5) roads. The agent of the United States of America who negotiated and signed the Treaty, the United States Congress which ratified the Treaty, and the Western Shoshone Nation all agreed that those were the only five uses which would ever occur on Western Shoshone Territory. If any other uses are contemplated, they can not occur unless the Treaty is modified by the consent of both the Western Shoshone Nation and the United States.

All across this country, U.S. Federal District Courts have found that Treaties with the Indian Nations remain in full force and effect as binding contracts. The Western Shoshone Nation has always abided by the Treaty and regarded the Treaty as a binding, enforceable agreement between the Nation and the United States. We seek by this lawsuit to have the Treaty of Ruby Valley enforced to stop this project which threatens to desecrate our sacred lands.

The Western Shoshone Nation does not consent to the use of Yucca Mountain as a dump for the most toxic substance ever created by man. We have a sacred duty to stop this plan by the United States and its Energy Department officials to make Yucca Mountain the storage place for high level nuclear waste from all over the world.

Mother Earth is sacred to all humans. The Western Shoshone Nation holds Mother Earth as such. High level nuclear waste must not be stored in the breast of Mother Earth at Yucca Mountain.


The Western Shoshone National Council

For More Information contact Attorney Robert R. Hager 775-336-7586


Western Shoshone Defense Project
P.O. Box 211308
Crescent Valley, NV 89821
(775) 468-0230
Fax: (775) 468-0237
http://www.wsdp.org

2
Mrz
2005

28
Feb
2005

11
Feb
2005

U.S. snubbed over Indian rights issue

FYI.

Carrie Dann


Posted on Wed, Feb. 09, 2005

ORGANIZATION OF AMERICAN STATES

U.S. snubbed over Indian rights issue

Indian leaders from Latin America boycotted a U.S. reception to protest a U.S. stand on the rights of indigenous peoples.

BY PABLO BACHELET

pbachelet@herald.com

WASHINGTON - John Maisto, U.S. ambassador to the Organization of American States, raised his glass to propose a toast. He wanted to ''welcome and honor'' the participants of an OAS conference on indigenous rights in the Americas.

The United States was hosting a reception for about 150 indigenous representatives from the Western Hemisphere who are in Washington this week for a fifth round of negotiations on an Inter-American Declaration on Rights of Indigenous Peoples.

But most of the indigenous leaders had purposefully skipped the event Monday night to protest Washington's position on the declaration, giving the cavernous foyer of the Smithsonian's National Museum of the American Indian an especially empty feel.

`WE ARE NOT HAPPY'

''A boycott at the U.S. reception was our way of saying that we are not happy with the position taken by the United States,'' said Azelene Kaingaing, a Brazilian indigenous leader and vice president of the Americas Indian caucus.

U.S. officials insisted that the boycott had little impact and that the reception was still a success. They said that about 300 people were invited and that more than 250 attended.

''We didn't notice anything, of a large group of people not being there,'' said Olwyn Staples, the spokeswoman for the U.S. OAS delegation.

The OAS declaration, if it comes to pass, would be a historic document.

For the first time, it would enshrine the rights of the 40 million indigenous people in the hemisphere and perhaps set a legal precedent for Indians elsewhere.

Unconcerned with the boycott, Maisto said in his welcome speech that the U.S. government was ''proud of its long-standing commitment to tribal sovereignty.'' He also quoted Secretary of State Condoleezza Rice, who said during her confirmation hearing that the Bush administration was ``concerned about the indigenous peoples . . . trying to find their rightful place in a political and economic system.''

WORDING OPPOSED

Earlier Monday, as the delegates from 34 countries discussed draft language for the declaration, U.S. officials had objected to proposed language that Indians have a ''right to live in harmony with the environment.'' Kaingaing said that is a ``defining characteristic that makes our people different.''

But the United States, considering the wording vague, put forward language on harmful contaminants and procedures to correct them. As no agreement was reached, the delegations decided to move on to other sections of the declaration.

But the boycott of the U.S. reception also reflected just how the talks, which started in 2003, have become a grinding affair for one of the OAS's most ambitious initiatives.

''Sometimes in a negotiation, you go slow and then you have a breakthrough,'' Maisto told journalists at the reception. ``We're working very hard.''

The U.S. government isn't the only one being difficult, said Juan Le?n, a Guatemalan diplomat of Indian origin. Many Latin American nations worry that giving indigenous groups too much, such as the right to rule their lands, could open the doors to autonomy or even independence movements.

TOUGH ISSUES REMAIN

Even what appears to be mundane semantics can stall talks at times. For months, negotiators discussed whether it was a declaration for indigenous ''peoples'' or for ``populations.''

And the two sides haven't even begun to tackle some of the stickiest issues, like the territorial rights of Indians. ''There are indigenous peoples who want absolute control over that territory, where the Indian authorities would be in charge,'' Le?n said.

http://www.miami.com/mld/miamiherald/10851098.htm?1c

Valentine's Gold Jewelry Sales Generate 34,000,000 Tons of Mine Waste

http://www.nodirtygold.org/PRvalentine2005.cfm


Informant: Carrie Dann

8
Feb
2005

Carrier-Sekani First Nations Have Already Staked Territory Claimed by Mineral Prospectors

Media Release

For Immediate Release

February 8, 2005


Carrier-Sekani First Nations Have Already Staked Territory Claimed by Mineral Prospectors

Dakelh Traditional Territory (Prince George, B.C.) – “The B.C. provincial government’s online mineral staking system is illegal,” affirmed Carrier Sekani Tribal Chief Harry Pierre. The Tribal Chief was responding to the government’s new program, in operation since January.

Chief Pierre states, “The Province and industry should understand that consultation and accommodation of our Rights and Title must occur at the earliest stage – in this case there should have been consultation and accommodation on the government’s new plan. Northgate Minerals Inc. (Kemess North) and Placer Dome (Mt. Milligan) are two mining examples in the CSTC territory where there was no consultation at the exploration stage and subsequently these projects may not be approved by the First Nations.” Northgate has committed not to proceed with their project unless First Nations approve the plan.

In 1982, the Carrier Sekani Tribal Council had its comprehensive land claim reviewed and accepted by the federal government for negotiation after it recognized that CSTC first nations had prima facie title to their land. In 1992, the federal government combined its comprehensive lands claims process into the B.C. treaty process. The BC Treaty Commission, overseers of the treaty process, acknowledges that Canada confirms “under section 35 of the Constitution Act, 1982, aboriginal rights and treaty rights, both existing and those that may be acquired are recognized and affirmed.”

On November 18, 2004, the Supreme Court of Canada ruled in the Haida and Taku decisions that the Crown is legally obligated to meaningfully consult with First Nations where government has knowledge of an activity that could impact prima facie Aboriginal title and rights. These decisions reaffirmed that First Nations have an enforceable right to be involved in land use decisions that will impact their traditional territories. Moreover, the highest court clearly renounced the legal and moral intransigence displayed by government and industry toward First Nations these past 150 years.

“Today, we are that much closer to the recognition that we have been seeking since contact – that we are the original peoples and owners of this land and that we must have a say in what goes on in our territories,” said Chief Pierre.

“Government has been saying that we must prove our Aboriginal Title in a court of law before we have the right to be consulted, but this decision says government itself has not done enough to prove their own title to the land they call British Columbia.”

“Every inch of recognition and accommodation given to First Nations has come through the courts. Government has made it clear that they are unwilling to recognize and deal fairly with our people unless compelled to by the court.” However, said the Tribal Chief, “First Nations don’t want to litigate unless absolutely necessary. They want to build new relationships with the Crown and industry, where decision-making on land use is shared and where meaningful consultation and accommodation is basic to doing business in B.C.”

For More Information: Angie Grant, Executive Assistant to Tribal Chief Harry Pierre, 250-562-6279.


Informant: Carrie Dann

2
Feb
2005

Navajo and Hopis Demand Accessibility at Peabody Coal Hearings

Activists and residents in Arizona packed public hearings to demand that Peabody Western Coal Company (PWCC) stop pumping reservation groundwater, the source of their drinking water. They also denounced the public comment process.

Navajo and Hopi nations documented sinkholes and dried-up springs they believe Peabody caused by pumping water from the Navajo Aquifer. Peabody uses the water for a slurry to transport the coal to a generating station in Nevada.

In December, the California Public Utilities commission ordered the station shut down until Peabody can find an alternative source of water--but Peabody continues to pump from the Navajo Aquifer.

The public meetings were part of a series held by the Office of Surface Mining (OSM) on Navajo and Hopi reservations and in Flagstaff to hear comment on Peabody's application to extend its mining operations. Local and national groups and the city of Flagstaff have all criticized the process as inadequate.

According to Nicole Horseherder of the Navajo organization Beautiful Water Speaks, thousands of people could not attend the hearings because of poor translation and the fact that the meetings took place far from their homes.

"There's a lack of understanding between the OSM and grassroots people," Horseherder said. "I was imagining their translations into English: Translating 'Mother Earth' into 'land,' and 'sacred water' into 'just another resource.'"

Sources:
http://www.culturalsurvival.org
http://www.blackmesatrust.org/december%2014%202004.htm

27
Jan
2005

Blockade remains in place in Kashechewan

FYI.

Western Shoshone Defense Project
P.O. Box 211308
Crescent Valley, NV 89821
(775) 468-0230
Fax: (775) 468-0237
http://www.wsdp.org


From: Northwatch <northwatch@onlink.net>
Date: Thu, 27 Jan 2005 10:10:29 -0500
Subject: [northwatch_mines] MineNews: Blockade remains in place in Kashechewan

Blockade remains in place in Kashechewan

by Teviah Moro

Local News - Wednesday, January 26, 2005 @ 07:00

Demanding an apology from the OPP, members of the Kashechewan First Nation continued to blockade a winter road passing through their community

Tuesday, throwing a wrench in the plans for De Beers' diamond-mine operations.

Members of the Cree First Nation set up the blockade on the winter road used by De Beers Canada to access a future diamond site 90 km west of Attawapiskat when patrolling OPP officers began informing local users of the the road about Highway Traffic Act regulations.

"Our rights as native people have been violated," said Deputy Chief Rebecca Friday. "We demand an apology from the OPP."

Protesters are denying access to OPP officers and De Beers Canada employees but are allowing all other motorists to drive through the blockade, now entering its second week.

In a news release, Kashechewan community leaders and Stan Louttit, Grand Chief of the Mushkegowuk Council, said members of the First Nation using the road to reach trap lines and wood were told by OPP they could no longer use the winter road.

Though no one has been charged, some people using the road were stopped by officers and told to use another route, the news release says.

The Highway Traffic Act says motorists must have driver's licences, automobile insurance and registration.

As many as 80 per cent of the people living in Kashechewan, located 180 kilometres north of Moosonee, don't have driver's licences.

Sgt. Mario Royer of the OPP's Moosonee detachment said he doesn't know when the blockade will end but that officers are respecting the wishes of the First Nation.

"We're not attending the roadblock location. We turn around prior to the blockade."

Royer said officers continue to patrol the road to maintain public safety.

The long stretches of lonely highway can be dangerous for motorists with temperatures dipping down below -40 C, he said.

The OPP came across motorists in a broken down vehicle during one patrol, Royer said.

"They were many miles away from the nearest community."

Louttit said resolve on the winter-road issue in Kashechewan is strong.


Northwatch
Box 282, North Bay P1B 8H2
tel 705 497 0373 fax 476 7060
northwatch@onlink.net
http://www.northwatch.org


Informant: Carrie Dann
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