Dept. of Interior Land Grab: 10 Million Acres of PRIVATE PROPERTY

In a dramatic behind the scenes power move by the federal government over the states, the Interior Department (the same guys responsible for our wonderful BIA - Bureau of Indian Affairs) is moving forward with an agenda to seize over 10 million acres of private land for federal control. Like many of the most heinous crimes against this country that the federal government has committed over the past many years, this one is being done out of the main eye of the public and without much debate - save Sen. DeMint who is TRYING DESPERATELY to rally the public on this issue:


From the Washington Times:

"A secret administration memo has surfaced revealing plans for the federal government to seize more than 10 million acres from Montana to New Mexico, halting job- creating activities like ranching, forestry, mining and energy development. Worse, this land grab would dry up tax revenue that's essential for funding schools, firehouses and community centers. President Obama could enact the plans in this memo with just the stroke of a pen, without any input from the communities affected by it."

According to the article, the ability for the federal government to perform land grabs in a case such as this is part of the 1906 Antiquities Act, however, we are witness to another case of the federal government using soft loopholes to centralize power.

What is more, this land is high energy land - land in the western states known to have large amounts of natural resources, mines and oil fields currently in operation in some cases. The intent is to shut down mines and oil operations as part of an environmental lurch left. This shut-down will cost thousands of additional jobs, though this seems an obvious trade-off to all those miners and other employees and private land owners ON THE LAND NOW... I mean, it's the environment, and the climate, and if THAT isn't a national treasure/monument, I don't know WHAT is...

Under the Antiquities Act, it appears that by Presidential Discretion land can be 'consumed' by the fire of the federal government, without approval from the state governments or private property owners, for the sake of "science" - in this case climate science. The text reads, in part:

American Antiquities Act of 1906
16 USC 431-433

Sec. 2. That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States.

Congress has a history of passing bad law, law that could otherwise be deemed unconstitutional, and law that seldom makes sense on the ground. This act is prime example of a carte-blanche authority for the federal government to acquire private land under the guise of science... when climate and environmental science is the 'science-de-jour', does our protection from unconstitutional land seizure vaporize?

This brings me back to the topic of Nullification. It is up to the states and the people of the states to openly reject, TO OPENLY REJECT the doctrine of the federal government - be it done by Republicans or Democrats... The Federal Government is existing outside of the confines of the Constitution - so much so that this nation is not even a shadow of its founding self... it is, in fact, nothing at all resembling a free nation of free people...

Being an Indian in America: the Shonto Pete Story

There is no doubt a certain level of prejudice in every one of us. It is nothing to be ashamed of - it is a byproduct of the environment in which we were raised. It only becomes problematic when these prejudices overshadow our own reason and inhibit our ability to interact... be it with individuals of other sexes, ethnicities, cultures, or even regions. So, what happens when these prejudices turn to hatred?

Famous cases of such revealed prejudices are Gibson's anti-Semitic drunken rant, Michael Richards' rant in the comedy night club, and most famously but never talked about, the Bureau of Indian Affairs.

The BIA is the last official legal form of subjugation based strictly on ethnicity - aimed at perpetually impeding Indian Tribes' ability to overcome impoverishment. It is, in a way, the government's own condoning of state sponsored racism - not to mention the protectorate of the modern day concentration camps, called reservations.

In many of my previous postings on this topic, I have discussed these governmental problems surrounding the BIA - and in the case of Mary Ramos and her son, I have delved into the subject of Indian Child Welfare Act... Today, i would like to discus Shonto Pete, an Indian shot in the head (who has survived) by a drunk off-duty police officer who pursued out of hatred, with continuous threats that he intended to kill.

The police officer claimed that he was trying to stop Shonto, who he had claimed attempted to steal his truck. Shonto was found not guilty of the alleged attempted auto theft.

The police officer was put on administrative leave for two years, regardless of drunk driving and carrying and discharging a weapon while intoxicated. These are two clear violations which should have cost the officer his badge. This comes after a jury acquited the officer, Jay Olsen, of first degree assault and reckless endangerment (for drunkenly discharging his firearm in a housing community):

Olsen refused to talk to journalists assembled in the courthouse hallway, staying in the courtroom and deferring to his attorney, Rob Cossey.
“This trial was very intense. If (Olsen) had been convicted, he’d be facing a lot of
years in prison,” Cossey said. Asked if Olsen would likely be returning to his job as a swing-shift patrol officer in the Spokane Police Department, Cossey said he doubts it.
“He committed significant violations of department policy. I don’t think he’s getting his job back,” Cossey said. Those violations included getting drunk while off-duty in a local bar with a concealed weapon strapped to his waist, and chasing Pete but not calling 911 or police dispatch during the confrontation.

There may be a civil case pending, for damages resulting from the shooting.

However, there is an underlying question regarding the system, the officer, and the perception of Indians in America.

In discussing Indian Affairs with a former high ranking member of the GOP, there was an underlying tone of prejudice against "reservation culture" - the belief that a Reservation Indian is somehow especially despicable, and labelled as drunk, violent or otherwise unstable. This is a perception perpetuated by the BIA, and their destructive policy of "ruling the reservations."

Would Shonto have been pursued or shot at if he were not Indian? Would the officer have been acquitted if Shonto were not Indian? Is there less justice in our society for individuals who adhere to their Indian Ancestry or who "appear as Indian" in our society? Is it an unspoken crime in our United States to be Indian?

So long as the United States Government holds lands in trust, by force, blocking the self government and community building needed for their societies to once again thrive, the Indian Peoples of this land will continue to be the target of prejudice, the victims of poverty, and perpetually derided in our society as a mythical creature of the old west.

I have posed this question once before, and I do so again... what is your own perception of Indians... when you imagine an Indian, do you feel disgust for the poverty stricken reservation Indian, do you feel curiosity for such a forgotten culture, do you feel empathy as an ancestor of a subjugated people, or do you look at the situation with apathy?

The worst crime against humanity has happened, and is happening within our own society... but for some reason we have accepted it as status quo.

What does it mean to be Indian in America?

Russell Means, Lakotah, Explains Obama's "Final Solution"

Russell Means has created a video further explaining the trouble with a President using the precisely chosen words: "Dissolve the Lines of Tribes"... It is a hint at the "Final Solution" to the "Indian Problem" in America... Scary.

Return from a well needed break!

I hope that your Holidays were as refreshing and fulfilling as mine! Though I did not travel, I did:



1. accomplish a solo summit of a difficult peak near my home (after 5 failed attempts),

2. spend some great time with my family,

3. repair the roof after hurricane force winds did a dandy on the house,

4. make a resolution to summit 4 fourteeners and run 1 marathon before my 30th in September

5. give my daughter her first swim lesson

6. make some great headway into my genealogy project

7. have someone hit my new car - and subsequently be without it for over a week now

8. did I mention great family time yet?



And most importantly, I took special efforts to watch / read as LITTLE news as possible, so as to focus on clearing my mind/body/spirit and enjoy the family time.



Now that I am back, here is what is in the works -



Besides the usual commentary on developing world affairs, I will be researching a special topic requested by Russel Means of the Lakotah Movement - focusing on Indian Extermination Policy held by the US Government for two hundred years; I will be writing on other topics specifically geared toward Indian Affairs, International Affairs, and the changing face of the US.



Thank you all for your continued readership. As the major political news dies down, I am finding that the best focus of the blog is one of the "Untold News Stories". I will be increasing my articles on Indian Advocacy, as I believe this topic is the canary in the mine shaft of the US - an indicator of the direction this country is heading and the challenges it faces. For instance - the current battle in Gaza - The conflict in Israel (and I am an advocate for Israel) is ongoing with the Palestinians for the simple fact that the Partition of 1948 has not been upheld - similarly, the US/Indian wars of the 1800's were conflicts of broken treaties and territorial incursions (of course there is much more - but the fundamentals at this point are territorial).



Here is to a great New Year - and here is to a year full of interesting debate and dialogue.

Indian Child Welfare Act - Racist Policy or Cultural Preservation?

Is the ICWA a racist policy, or one established to protect Indian Culture?

To accurately answer the question, we first must understand the term "racism". Racism, by its simplest definition, is the belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race.

This is not a belief held by Indian Tribes, nor is it referenced to in the definition of ICWA. In fact, ICWA begins by clearly stating that the intent of the law is to ensure security and stability to Tribes and Children of the Tribes, as well as respecting the continued existence of cultural and social standards of the tribes. It is, therefore, a policy protecting the culture of Natives in America.

To summarize this short argument, before moving forward, it is necessary to reiterate the important fact that maintaining tribal integrity is NOT racist - it is a means of cultural survival.

Why is cultural survival important? Aren't all Indians the same? And shouldn't Indians simply give up and join the "American Culture"?

Now we are at the heart of this discussion. Let's start by answering the above questions in reverse order, and then we will be prepared to truly understand the importance of cultural survival.

The "American Culture", historically, has been one of a "gold rush" mentality - take what you can, as fast as you can, in order to achieve success - often times failing to regard the broader impact of their actions... Quality of life and future generations are second tier to individual achievement. The American Culture can be summed up, socially, as an agrarian society which became an industrial powerhouse - a focus on family interests, sporting and other social events, which as of late has become a society of consumerism and reality television - one would argue that this, in itself, is the erosion of classic American Culture. Should Indian Tribes give up reservations and become "American", giving up the memory of their individual culture? No more than should European Americans stop celebrating Oktoberfest, Halloween, or give up agrarian rituals, like summer vacation from schools... The call for further "Americanization" of the tribes is little more than a call to eliminate the reservations and complete the land-grab that began hundreds of years ago, and to eliminate the memory of the original inhabitants of this land - ancestors to many of my readers (and myself).

To answer the question about similarity between all Indian Tribes, one need look no further than a language stock map for original inhabitants, or reference any study on tribal culture to understand that though there are basic elements inherent to the nomadic or tribal lifestyle, each tribe of Indians is culturally unique. In fact, some tribes held no more than 50-100 members when they were "discovered" by white explorers, and had no ties to larger regional dominating tribes. Though similarities existed, regionally, it was out of necessity to survive in the lands - for instance, Plains Tribes, such as Oglala, where a nomadic hunting tribe, using housing styles and hunting tactics necessitated by the need to make rapid relocation of their village in order to stay near their migrating food supply. In comparison, Northwestern tribes, such as the Makah or Snoqualmie, were largely stationary and built permanent Longhouses where large portions of the tribes would live, and maintained diets largely from foraging and constant fish runs on the many rivers (or whales - in the case of the Makah). Language, lifestyle, societal structures, and even religion all varied from tribe to tribe, and from region to region... it would take years of study to fully grasp the complexities of each tribe, region, and culture - stressing the importance of passing these subtleties on to children of the tribe.

Which brings us to the final point - the importance of cultural survival. Michael Savage, a radio commentator, often says that there are three elements necessary to ensure a society succeeds - borders, language, culture. The borders have been stolen long ago from the Indian Tribes, replaced with reservations meant to "Americanize" Indians into an agrarian society - whose land reserves were arbitrarily reduced through a succession of court orders and illegal laws in order to establish homesteading across the nation.

Native Languages have been nearly lost for Indians, as part of the Americanization Era and Policy towards Indians in the late 19th and early 20th centuries. In fact, the 1868 Fort Laramie Treaty included a mandate for White teachers to teach English to Sioux children. As can be seen from the following map, even in areas of large Indian populations, by and large, language has been eradicated amongst those who still live within the reservations:


Special exception can be seen in areas of the Navajo/Hopi Nation, where 14-65% can speak their native tongue, and areas of Crow, Cheyenne, and Sioux reservations where 14-40% speak their native tongue... sadly, across America, native languages have been eliminated.

Finally, and most importantly - Culture. With the variations in Indian culture being as vast as the number of tribes, it is most certainly and fundamentally important that tribal culture be maintained and passed from generation to generation. It is the culture that defines who you are as a group, as an entity, as a people - and to lose that identity is to lose an important part of yourself. Rituals, art, music, clothing, even philosophy - it is all culturally relevant, and once lost, can never be fully regained. The importance of this culture is recognized in the ICWA, as the driving force behind the law's legitimacy... it is also the reason for Total Immersion teaching by tribes in the island nations, and being introduced by the Oglala Sioux on the Pine Ridge Reservation. The Congress was 100% correct in the ICWA document when they stated: "there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children"...

In conclusion, the Indian Child Welfare Act is not a racist law prohibiting whites from adopting Indian children, rather, a thoughtful protection of the integrity of Indian Culture in America. It is a document recognizing the most vital resource to ensuring a continuation of tribal culture, and protecting the future of that culture. When a culture is in threat of extinction, lingually, artistically, or otherwise, it should be the will of the people to protect and preserve... that is the intent of this law - not as an obstacle or punishment to adopting families, but as a protection of a treasure at risk of being lost forever.

Indian Child Welfare Act, Florida, and Coerced Adoptions

After being contacted by Mary Ramos, who is a victim of coerced adoption in violation of the Indian Child Welfare Act, I reviewed her story and had the opportunity to talk for an hour and a half about the legal battle she finds herself in regarding her son Elijah, where the judge ruled against her after ignoring blatant fraud, coercion, and violation of ICWA. After hearing her story, I find myself compelled to share it with my readership.

A simple search regarding coerced adoption leaves you with a mind numbing amount of information, with the ultimate result, sadly, being that the practice is more common place than one would think.

In many cases, my research has indicated that Florida’s laws are so loose as to allow adoption schemes, coercion, and traps that are not overturned by legal challenges – even in the case of Mary Ramos, who contacted the agency in order to rescind her paperwork within the allotted three days. As my research has found, once you are targeted by a Florida Adoption Agency – “you are screwed”… and the courts are unlikely to support challenging mothers fighting paperwork they signed under pressure from these agencies.

However, in Mary’s case, there was a simple fact that was overlooked – Mary is a Native American, registered with the Avogel tribe of Louisiana – with a certified note from the Tribal Chief, blood records, birth certificates, and registry information to support her tribal belonging. This makes her child, by rules of the tribe, a registered member of the Avogel tribe – and as such, subject to the rules and regulations of the ICWA – Indian Child Welfare Act of Congress (circa 1979) - in the case of forced termination of parental rights. Mary Ramos has the ability (but not the means) to appeal the ruling of Florida Judge Arthur M Birken for a number of procedural and evidentiary irregularities – but the major source of concern is that the Judge threw out ICWA in the ruling and the adopting agency failed to notify the BIA or the Avogel Indian Tribe, in violation of 25 CFR § 23.11A.

A ruling in the Colorado Jefferson County District Court addressed this issue on November 30, 2006 – stating such:

Congress enacted the ICWA because of concerns over the involuntary separation of Indian children from their families for placement in non-Indian homes. B.H. v. People in Interest of X.H., 138 P.3d 299 (Colo. 2006). The purpose of the ICWA is to protect Indian children who are members of or are eligible for membership in an Indian tribe. 25 U.S.C. § 1901(3) (2000). The Colorado General Assembly has expressly provided for compliance with, and consistent application of, the ICWA. See § 19-1-126, C.R.S. 2006.

The ICWA promotes the best interests of Indian children and protects the stability of Indian tribes. The ICWA is based on the presumption that the protection of an Indian child’s relationship with the tribe is in the child’s best interests. People in Interest of A.T.W.S., 899 P.2d 223 (Colo. App. 1994).

The ICWA applies when the state seeks to place an Indian child in foster care and when the state seeks to terminate parental rights. See 25 U.S.C. §§1911, 1912 (2000). Under those circumstances, whenever the court knows or has reason to know that an Indian child is involved, the party seeking placement or termination must provide notice to the child’s tribe or his or her parent’s tribe, or to the Bureau of Indian Affairs (the BIA) if the tribe cannot be identified or located. 25 U.S.C. § 1912(a) (2000); see also People in Interest of A.N.W., 976 P.2d 365 (Colo. App. 1999).

If notice is not given in compliance with the provisions of 25 U.S.C. § 1912, the tribe may petition to invalidate the order terminating parental rights. 25 U.S.C. § 1914. The tribe may raise the issue of inadequate notice in the first instance in this court, as the ICWA specifically provides that the issue of inadequate notice may be raised in "any court of competent jurisdiction."25 U.S.C. § 1914; see In re L.A.M., 727 P.2d 1057 (Alaska 1986); In re Antoinette S., 104 Cal. App. 4th 1401, 129 Cal. Rptr. 2d 15 (2002).

In this case, the state was removing Native children to foster care due to violent criminal and drug related behavior of the father. The children belonged to the Citizen Potawatomi Nation. The court ultimately upheld the appeal, rejecting the termination of parental rights based on the failures in the notification process required for removing native children from native family members. In Mary’s case, the question of state mandated child removal versus consent of adoption (with reversal of decision within the short period of time allowed) needs to be answered.


In discussing this issue with Mary, a substitute teacher and avid member of her church, she described the events leading up to the initial contact with the adoption agency. There was serious financial and mental hardships which caused an increased depression, which led to her new husband to suggest contacting the agency. The husband is not the biological father of the child, Elijah, nor is he the father of Mary’s 10 year old daughter (9 at the time of the court ruling). Mary’s contact with the adoption agency led to immediate, consistent, and persistent contact by the agency convincing Mary that adoption was the best option for the 1 ½ year old boy. The process, as well as the persistence, placed Mary under a great deal of duress, resulting in the eventual coercion to meet a family, sign the paperwork, and turn over her child. Florida law allows a 3 day period in which the biological parents can reconsider their actions – which Mary did. The adoption agency was given a telephone call, which was met with resistance and a notice that Faxing such a request to renege would not be allowed – which meant that a 4 hour trip would be necessary to file such paperwork, causing Mary’s filing time to be in excess of the 3 day grace period. In the end, Mary lost her child on a technicality – with full intent of keeping her child. A technicality which the Florida judge wrongly upheld.

Mary has not seen her son, a picture or otherwise, since October 2007.

Mary showed intent to repeal the adoption within the mandated time, made an attempt to stop the process within that same time, and as such, this ruling became a case of forced removal – by the judge – in violation of ICWA.

The judge did not find Mary unfit to be a mother, else she would have lost her eldest child, Autumn. The judge ruled on behalf of the agency, upholding their right to terminate Mary’s Parental Rights – but did so with the following irregularities:

1. Allowed Mary’s attorney to remove himself from the case (after collecting
$10,000) the day before trial. The judge allowed a continuance of about 6 weeks,
which was a time insufficient for Mary to find proper legal counsel – Mary
ultimately had to represent herself.

2. The removed attorney was a childhood friend of the judge, and spent some time working as a clerk for the judge – the judge ruled that he would allow the attorney to leave the case.

3. The judge knowingly allowed perjured testimony from the notary public, provided legal advice to her from the bench, and therefore knowingly allowed fraudulently
notarized documentation as evidence against Mary.

4. The judge dismissed any request from the Avogel tribe to be made party to the suit, any acknowledgement of the ICWA procedures (as this was a case about forced adoption), and dismissed jurisdiction complaints from the Chief of the Avogel Tribe.

5. Mary’s date for a retrial was set 2 days before she was delivered the order of the court, making it impossible for a request for retrial.

This leaves Mary with no choice but to appeal – leaving her appeal date as December 25th 2008. Mary is left without legal counsel, without funds to acquire counsel, and without sufficient knowledge of legal rules to properly file an appeal that won’t be thrown out on a simple technicality (such as using an individual’s full name as opposed to initials in the body of the appeal). She is in desperate need of immediate advice, else she loses her child on a technicality – and ultimately on fraud and coercion.

The United States ICWA states in Title 25, Chapter 21, § 1901 (3)

“that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe;”

As such, with expressed interest being shown by the Avogel tribe, expressed interest by the mother to renege the adoption within the three day period, the State of Florida and justices therein should comply with the intent of federal law and federal protection of the integrity of the Avogel tribe.

Mary Ramos: "If I do nothing they win. If I open my mouth and tell the world, maybe someone will hear..."

Mary is in dire need of assistance on this case. If any reader has the ability to provide advice, feedback, or contacts that could assist in her appeal, please contact me and I will gladly put you in contact. We have a week to uphold justice – for a tribe – for a mother – and for a child.

****UPDATE****
Mary has requested that I make special mention to share this story, blog about it, YouTube about it, forward it on to all types of media - mainstream and alternative. her case is not a lost cause - and an informed public can do wonders to aid in her struggle, as well as help others who may find themselves in the same process of coerced adoption!

God Bless!

Crimes Against Humanity on US Soil?

Forget US government bail-outs, presidential appointments, scandalous Illinois politicians, the stock market, or US consumer indexes... just for a moment... and contemplate this thought: The United States has grossly failed in Native American Policies.

A fate which in America means worse than being a black slave of old, being a Native of America. It is an identity that, even today, draws the ire of most Americans. Indians, especially those living on the US concentration camps, called reservations, are labelled as drunks, people who need to be "Americanized", or who have otherwise been cast aside to be warehoused on the reservations. It is the great tragedy of US history - and of US current!

In late November, I reported on a declaration of emergency coming out of the Lakotah areas of SD, after the state's US government declared emergency for the entire state, but did not send aid to the most impoverished and most harshly affected areas of the state - the Lakotah Reservations, namely Pine Ridge. Similarly, others' reports of this internal call for aid resulted in relief to the area, and the accounting for many of the missing or stranded elderly Sioux. The lack of state response is another echo of failed policies with regards to the Native Peoples.

I had to ask myself the question - What is the root cause of the failed policies in the US with regards to the Native American people? So to start, I would like to propose a question to my readers - generically, how do you view native americans? I say generically, because when I say Indian or Native American, is your first thought a reservation Indian, an Indian in picturesque head-dress, rich with culture, or in poverty as a part of the anti-culture?


I view native people, and their culture, very favorably. Just as I believe that Europeans and other old-worlders are unique because they embrace their own regional cultures and traditions, Americans have a unique identity in the ability to embrace not just their European (or other) culture, but to also embrace the culture of the natives on whose land they now call their home. For instance, over the last 20 years, Seattle and the Pacific Northwest has seen a resurgence in embracing the cultures of the pacific coastal natives. It is celebrated in a culture that has become uniquely "northwest", and has opened a celebration of the once persecuted tribes, teaching history and culture to children - both on and off reservation. It has become a unique regional identity. Such an openness in the Northwest has allowed tribes to openly teach their traditions, culture, and language - doing so, for the first time since settlement, with pride and basic human dignity.

The same can largely be said for the Navajo - whose culture is openly embraced by locals and those throughout the region - most notably for their art and beautiful traditional jewelry.

Unfortunately, the embrace of the Native Cultures stops there... In fact, in regards to the Sioux, there is still a policy of racial persecution, extermination of culture and language, and the disregard for basic human dignity... the very definition of Crimes Against Humanity.

In public international law, a crime against humanity is an act of persecution or any large-scale atrocity against a body of people, and is the highest level of
criminal offense.
The Rome Statute Explanatory Memorandum states that crimes against humanity "are particularly odious offences in that they constitute a serious attack on human
dignity or grave humiliation or a degradation of one or more human beings.
They are not isolated or sporadic events, but are part either of a government
policy (although the perpetrators need not identify themselves with this policy)
or of a wide practice of atrocities tolerated or condoned by a government or a
de facto authority

The Sioux were the main target/adversary of the US' "Indian War" in the plains - a policy of invasion, occupation, murder, and forced imprisonment aimed at exterminating the Indian Culture, and the Sioux resistance to foreign persons destroying their food source, stealing their rightfully owned precious metals and other natural resources, and directly violating treaties signed with the US (Laramie 1851, 1868). The Sioux fought the US because they had broken their treaties... The US fought for the idea of Manifest Destiny. Such acts are considered Crimes Against Humanity by the ICC:

For the purpose of this Statute, "crime against humanity" means any of the
following acts when committed as part of a widespread or systematic attack
directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Of course the common answer is that the Indians are free to live on or leave the reservations - and their poverty is of their own free will - therefore the Persecution is self imposed.

This is the very mindset that reinforces continued crimes against human dignity! And it is the thought of many or most Americans - as is reflected in our policies.

The very existence of the Bureau of Indian Affairs is a teeter on the brink of Apartheid - considering the fact that Indian Nations are free and sovereign, but are regulated by the US government. It is an agency which disallows the ability for Native Tribes to encourage ownership and private property economic growth on the reservations - as lands are held "in trust" for the tribe... forced socialism, forced poverty for those on the reservation.

In UNITED STATES v. SIOUX NATION OF INDIANS, 448 U.S. 371 (1980), The SCOTUS determined that the US government had wrongly taken Sioux land through acts of Congress after the 1868 Laramie Treaty, and in violation of such treaty, demanding just compensation for the land taken under Amendment 5 of the US Constitution. The Sioux refused, and continue to refuse payment for the lands - demanding, instead, for the return of lands protected by the treaty with the United States - outlining a free and independent nation for the Sioux.

Under a Free and Independent nation, Sioux would be free to operate independently from US regulations and taxation (though they are currently free from taxation - businesses within Sioux Lands would be freed from US Corporate Taxes) creating tax havens similar to Switzerland, Private Property and land ownership would be regulated by the tribe and not held in "limbo trust" by the US government - this would allow entrepreneurship to take root, not limiting their ability to casinos and liquor. The opportunities are endless, and the Republic of Lakotah movement is working to advocate for the free market investment in such a free and independent nation, as promised by the treaties (and acknowledged by the courts).

Where some argue that reservations should be eradicated, land placed on the free market, and Indian assimilation finally be complete (Kevin Tracy), I argue that the US live up to the treaties, respecting the sovereignty of the Native peoples (especially the Sioux which have held to not accepting a dime of payment for their land, furthering the case that they hold in that their land was illegally taken) - in doing so, the United States would be ending a centuries old violation of crimes against humanity, and finally making good with the original inhabitants of this great land.

Update on Lakota - Dim Echos of the Ghost Dance

In December of 2007, I reported on a story in which the Oglala Sioux of the Pine Ridge Indian Reservation had claimed that they were breaking their treaty with the government of the United States.

I have since been following this story looking for some sign of movement on either side (Sioux or US).

A summary of the background is that the Sioux announced a withdrawal from the Laramie Treaties, which are Supreme Law as defined by the Constitution Article VI, and announced that they wish to reestablish control and sovereignty of their land... as outlined in the map (notice that Lakota is a very large section of 5 US states. The Bureau of Indian Affairs ignored the declaration of continued independence, and stated that rogue Indians will be jailed. It was very much a scene out of 1880! The second installment, discussing International Attention, can be found HERE.

Little attention has been given to the situation as of late, but something very important happened: The US has given in... sort of.

The beginning of the end of the free Sioux was a Massacre at Wounded Knee. The new beginning of the Sioux is fueled by the echos of the Ghost Dance (a Sioux dance believed to help bring the Sioux lands back together entirely).

The fight of the Oglala (true) Sioux in the Pine Ridge Reservation with the US government has been over the systematic theft of Sioux lands over time, in violation of the Treaties between the US and the Sioux (which defined the above shown land as Sioux territory).

And though there has not been much fanfare, the United States has begun putting land back into the trust of the Sioux. There is a national park called the "Badlands" in the Dakotas, which was seized from the Sioux during the Great War period (first and second world wars) and used as munitions proving grounds. The Federal Government and departments in charge of the national parks has begun the process of returning the south badlands back to the Sioux.

It is hardly possible to determine the motive behind the United States' reasons for returning the land. The article in which I found the the story claims that it is a "funding" issue... but with a $3 Trillion federal budget, I doubt that funding has much to do with it. I am willing to bet that this was part of a "peace offering" between the Oglala Sioux (who are gaining the trust of the land) and the Federal Government. And it is being done quietly so as not to embarrass the US.

It’s an apparently unprecedented set of proposals that, at least symbolically, would represent a reversal of the centuries-old tradition of land grabs by the U.S. government [against native tribes].

This reunification of the Sioux land is a first step, and is an historic occasion. It is a far cry from the total return to Lakota, and it falls short of the return of the Black Hills (sacred Sioux Land, and home of Mt Rushmore) which is the goal of the Oglala activists.

The Sioux in the area of the reservations struggle with the United States highest suicide rates, dropout rates, alcoholism, and other symptoms of a broken society in extreme poverty. They have never truly seen themselves as part of the Western Society as the US developed around it, and have been plagued with extreme repression throughout history. As they begin the reunification of their lands, they are being trusted to take the steps to heal... heal within their society, and work with the US to begin to heal the broken heart of the Indian Nation.

The echoes of the Ghost Dance dimly roll through the South Dakota Badlands... but it is my hope that the echoes of the Ghost Dance will begin to be shared with the drumming sounds of the Sun Dance... a time of rebirth, renewal, and peace amongst all tribes of the earth.

Gaffe after Gaffe, and no MSM outrage?!?

Presidential candidate Barack Obama made a HUGE political gaffe that is, well, racist! In regards to Hillary Clinton focusing a lot of energy and money on courting the Indian vote (not to be confused with Native American)...

Obama's campaign circulated a memo criticizing Clinton's campaign for it's ties to the above mentioned community, and labelled Hillary as "Clinton (D-Punjab)"

Where do I begin with this one?

Firstly, how can you be a uniter in leading this country if you feel that another "race" is not worthy of political attention?

Secondly, when does race-bating stop, ESPECIALLY in a presidential campaign?

Finally, where is the MSM outrage on this issue? Had it been the same memo from the Rudy camp... HOLY CRAP! NY Times, LA Times, etc... Front page news... leading every hour's headline news...

Double standards of the MSM aside, it is a gaffe such as this that makes me firmly believe that Obama is not ready to lead the free world.

My suggestion - a public apology to the outraged Indian-American community, and perhaps some sort of rehab stint? All the big time "slips" seem to just need some rehab.

Let's grow up Mr. Obama...