Tribal Nations Summit in D.C.

Lakota Law

It’s been a big couple days for Indian Country in Washington, D.C. For the first time in six years, tribal representatives from across Turtle Island gathered together with U.S. leaders for the White House Tribal Nations Summit. After a four-year hiatus during the Trump presidency, President Joe Biden revived the event last year, but that was held virtually because of the pandemic. This year, a delegation from the Standing Rock Sioux Tribe joined many other tribal citizens, making the trip to the nation’s capital to discuss the Biden administration’s promising agenda for Native America.

The administration made historic pledges of money and resources to tackle issues like infrastructure and climate. It also committed to protecting Spirit Mountain — a site sacred to several Native nations in and around so-called Nevada — and promised a new “respect for Indigenous knowledge and tribal consultations.”

Click the pic to watch: U.S. Secretary of the Interior Deb Haaland (Pueblo of Laguna) introduces President Biden at this year’s White House Tribal Nations Summit, and Biden gives his opening remarks.

In his opening remarks, Biden said monetary allocations to tribal nations will include a mandatory $9.1 billion for the Indian Health Service (IHS) and $135 million to help relocate 11 at-risk tribal communities. Specifically, the Department of the Interior, led by Secretary Deb Haaland of the Pueblo of Laguna, will provide $25 million each to three tribes on the frontlines of the climate crisis in Alaska and Washington State.

Of course, you know as I do that Indigenous populations — and other communities of color — suffer the effects of the climate emergency disproportionately. That’s not acceptable, whether it’s a majority-Black or Latinx neighborhood adjacent to a poisonous chemical plant, Standing Rock dealing with the existential threat of the Dakota Access pipeline, or the Quinault Indian Nation endangered by rising sea levels.

The money will help, as will enhanced agency cooperation and assistance. Still, to really solidify Native sovereignty, the government will need to make good on its promise to listen to tribal nations and gain consensus. While I would prefer to see the U.S. firmly adopt the standard of Free, Prior, and Informed Consent (FPIC) set forth in the United Nations Declaration on the Rights of Indigenous Peoples, I’m optimistic that we’re a step closer toward governmental recognition of the self-determination we deserve when it comes to our people and our homelands.

Wopila tanka — thank you for standing with us!
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

A Victory

Lakota Law

As many of us gather with family today — a “holiday” that people in our communities understand as a deeply problematic celebration of colonialism and genocide — I’ll choose to highlight a recent victory for Native America. You may recall that, a few months back, we asked you to help the Cherokee Nation seat a congressional delegate. Here’s the good news. About a week ago, after nearly two centuries of delay, Congress held its first ever hearing on the subject — and it went very well!

Watch the video and share this action: Chief Chuck Hoskin Jr. of the Cherokee Nation sat down with us to discuss the importance of seating Kimberly Teehee as the Cherokee Nation’s first congressional delegate.

To be clear, it isn’t a done deal. However, as NPR accurately reports, last week’s House Rules Committee hearing represents by far the biggest step the federal government has ever taken toward fulfilling a promise it made to the Cherokee way back in 1835’s Treaty of New Echota. And while we can’t celebrate prematurely, the U.S. government making progress toward doing what it said it would for any Native nation is historic and a reason for optimism.

So now what? Let’s keep the pressure on. Cherokee Nation Principal Chief Chuck Hoskin gave Lakota Law an informative interview about why it’s time to seat Kimberly Teehee as the Cherokee delegate to the House of Representatives, and that discussion is available to watch on our action page. If you have not already done any of the following, I urge you to make the time to watch the interview, send a message to your reps, and use the social media buttons on our action page (and perhaps dinner table conversation) to share this timely advocacy with your circle.

Given the tenor of the Rules Committee hearing and the outpouring of support by people like you, Chief Hoskin is confident the Cherokee can make history for Native representation in the halls of power as soon as this calendar year. Let’s help him make it happen!

Wopila tanka — thank you, and I wish you a good day of connection.
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

On this day in 2016…

I had arrived in Bismarck, North Dakota. Scroll back to the beginning of this blog and you can read about the history of events at Standing Rock. Some things have changed, many things have stayed the same. The things I witnessed there made me profoundly angry and sad. I saw militarized police practicing with their new gear how to do crowd control. I experienced racism and hatred from the local population in town. I witnessed how some people infiltrated the camp and tried to cause destruction from within the movement. They were largely unsuccessful because of the people´s spirit. This was a sacred space. I talked to the spirits one freezing night. It was those spirits that I called on for help last year while I was being held against my will in the COVID-19 ward in the hospital. Yes, after traveling to such a sacred place you experience the power of the spirits.

In 2017, I left the U.S. and moved to Costa Rica. The history is very different here. They do not have an army. I wish everyone a holiday season when they remember the spirits and their ancestors and fight to maintain their freedoms and way of life. A way of life that is non-destructive of the environment and other people. These are dangerous times.

Wopila

Lakota Law

It’s a time of year for both reflection and action. As we approach our second annual Wopila Gathering on Giving Tuesday, Nov. 29, I invite you to watch our new video, in which my granddaughter, DeCora, and I talk about the meaning of wopila. Appropriately, this Lakota word signifies a giving of deep thanks and honoring of our best potential, every day.

In that spirit, on this Thanksgiving week, I ask you to give back in support of Native communities and Indigenous justice by donating to Lakota Law. Thanks to a wonderful warrior donor, all donations to Lakota Law are fully matched right now through the end of Giving Tuesday. Anything you can contribute all week long will be doubled, increasing the impact your generosity makes.

Watch: My granddaughter, DeCora, and I talk about the meanings of Thankstaking and Wopila.

Now, let’s talk turkey. For many, this week’s “Thanksgiving” holiday signifies bounty and togetherness. But for us, this same holiday — known as Thankstaking in our family and many other Native ones — symbolizes the price paid by Indigenous communities once the pilgrims set foot upon these shores. As I’ve mentioned before, the Thanksgiving origin story taught in grade school is nothing but a harmful myth meant to obscure the realities of stolen land and the genocide of Native peoples.

Then there’s the commodification that follows the myth. Our consumer culture teaches us that as soon as we’re done filling our stomachs, it’s time to go shopping! “Black Friday deals” assault us everywhere we turn. Perhaps if we distract ourselves with enough stuffing and then enough stuff, we can forget all about the dark history that got us to this point.

But all that said, we do have much to be thankful for. For instance, I’m grateful that someone, somewhere created Giving Tuesday as a way to offset all the taking. I’m grateful that I get to make change happen with Lakota Law, and that our team created the Wopila Gathering as a way to give back to you. And I’m thankful to be in the company of so many talented Indigenous people working on this project. In addition to DeCora and I, this year’s event lineup also features Lakota Law co-director Chase Iron Eyes, our legal analyst Wašté Win Young, and her mother, my longtime partner in the fight for Native justice, Phyllis Young.

So please join us on Giving Tuesday at the Wopila Gathering! It’s going to be a special day and a valuable opportunity for us to advance the conversation on issues most important to the Indigenous communities who have given so much to this land and all her people.

Wopila tanka — thank you for being your best self and joining us on this journey toward justice!
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

P.S. Please support our mission for Native justice by giving what you can this week. All donations are matched and your impact will be doubled every day through Giving Tuesday, Nov. 29. I can’t wait to see you at the Wopila Gathering!

Let's Green CA!

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

The Lakota People’s Law Project is part of the Romero Institute, a nonprofit 501(c)(3) law and policy center. All donations are tax-deductible.

The Fate of the Indian Child Welfare Act (ICWA)

Lakota Law

Yesterday morning, the Supreme Court heard oral arguments in Brackeen v. Haaland. Now, the justices will determine the fate of the Indian Child Welfare Act (ICWA). Depending on what they decide, Indigenous child welfare and sovereignty as we know it on Turtle Island could be seriously threatened.

The arguments from attorneys and questions from justices focused on two central legal questions, both involving ICWA’s preferences to place adoptive Native children with Native families. First, do ICWA’s placement preferences discriminate against non-Native people on the basis of race? Second, does ICWA fall within Congress’ plenary — or total — authority to legislate on Indian affairs to the exclusion of states? 

Click the pic to listen to the full Brackeen v. Haaland audio feed from the Supreme Court.

Let’s be clear. First, under law, tribes are considered sovereign political entities — not racial groups — and striking down ICWA would violate centuries of legal precedent and imperil other legislation that properly respects our sovereign status. And since the ratification of the Constitution, the federal government has been recognized as the sole arbiter of Indian affairs, to the exclusion of state authority.

During pointed questioning, Justice Neil Gorsuch (a conservative) noted that the Constitution does, in fact, give Congress plenary authority to legislate Native issues. The policy arguments brought forward by the legal team seeking to overturn ICWA  — including lawyers from Gibson Dunn, a law firm that represents the fossil fuel industry — “might be better addressed across the street” in the halls of Congress, Justice Gorsuch suggested.

I very much appreciate Gorsuch’s understanding and application of the law. But the truth is that if anyone should have complete authority over Native issues, it should be Native people. And while traditional congressional power to oversee Indian child welfare is a strong argument in defense of ICWA, it’s notable that a law made by the United States to protect our children is the exception, not the rule. It’s also worth mentioning that, even in 2022, no Native person could be found arguing or hearing the case. Instead, our people were literally outside the halls of power, demonstrating in the street.

Now, let’s talk a little history. For centuries, the U.S. government has enforced paternalistic and inhumane policies to separate Native children from their families. Through forced migration, the Indian boarding school era, and then their placement into non-Native foster care, our young ones have long been taken from their homes and homelands under the guise of assimilation, education, and Christianization. These policies, tantamount to genocide, have fractured lives and created generational trauma that plagues Indian Country to this day.

That’s exactly why, in 1978, after federal investigations found that public and private agencies had removed a third of all Native children from their homes and placed most of them in institutions or homes with no ties to American Indian tribes, Congress enacted ICWA. Lakota Law’s legal team remains proud to have drafted ICWA’s enforcement guidelines.

So now, we await the Court’s ruling. In addition to yesterday’s oral arguments, the justices have thousands of pages of legal documents— including our amicus brief — to consider. We remain hopeful that Chief Justice John Roberts will join Gorsuch and the Court’s liberal wing in preserving at least most of ICWA, despite his repeated questioning of ICWA’s “third preference.” It’s possible this portion of the law, which allows for a Native child who cannot be placed with either members of their extended family (the first preference) or members of the same tribe (the second preference) to be placed with members of another tribe, could be erased. 

The Court has many angles to consider, and the potential opinions and outcomes are legion. We don’t expect a decision until well into 2023 — most likely in June. In the meantime, please continue to spread the word and share our action asking President Biden to intervene. Hope is always worth having, but we mustn’t solely rely on this majority conservative Court. Let’s stay vigilant and use every means at our disposal to preserve our kinship structures, our culture, and our sovereignty.

Wopila tanka — thank you for your friendship in this important fight for our future!
Wašté Win Young
Legal Analyst
Lakota People’s Law Project

Return of Stolen Artifacts

FILE – Leola One Feather, left, of the Oglala Sioux Tribe in South Dakota, observes as John Willis photographs Native American artifacts on July 19, 2022, at the Founders Museum in Barre, Mass. A two hour ceremony was held in Massachusetts on Saturday, Nov. 5, 2022, to mark the symbolic return of about 150 items considered sacred by the Sioux peoples that had been stored at a small Massachusetts museum for more than a century. (AP Photo/Philip Marcelo, File) (ASSOCIATED PRESS)

Sun, November 6, 2022 at 2:15 PM

BARRE, Mass. (AP) — About 150 artifacts considered sacred by the Lakota Sioux peoples are being returned to them after being stored at a small Massachusetts museum for more than a century.

Members of the Oglala Sioux and Cheyenne River Sioux Tribes traveled from South Dakota to take custody of the weapons, pipes, moccasins and clothing, including several items thought to have a direct link to the 1890 Wounded Knee Massacre in South Dakota.

They had been held by the Founders Museum in Barre, Massachusetts, about 74 miles west of Boston. A public ceremony was held Saturday inside the gym at a nearby elementary school that included prayers by the Lakota representatives. The artifacts will be officially handed over during a private ceremony.

“Ever since that Wounded Knee massacre happened, genocides have been instilled in our blood,” said Surrounded Bear, 20, who traveled to Barre from the Pine Ridge Indian Reservation, according to The Boston Globe. “And for us to bring back these artifacts, that’s a step towards healing. That’s a step in the right direction.”

The ceremony marked the culmination of repatriation efforts that had been decades in the making.

“It was always important to me to give them back,” said Ann Meilus, president of the board at the Founders Museum. “I think the museum will be remembered for being on the right side of history for returning these items.”

The items being returned are just a tiny fraction of an estimated 870,000 Native American artifacts — including nearly 110,000 human remains — in the possession of the nation’s most prestigious colleges, museums and even the federal government. They’re supposed to be returned to the tribes under the 1990 Native American Graves Protection and Repatriation Act.

Museum officials have said that as a private institution that does not receive federal funding, the institution is not subject to NAGPRA, but returning items in its collection that belong to Indigenous tribes is the right thing to do.

More than 200 men, women, children and elderly people were killed in the 1890 Wounded Knee Massacre on the Pine Ridge Indian Reservation. Congress issued a formal apology to the Sioux Nation a century later for one of the nation’s worst massacres of Native Americans.

The Barre museum acquired its Indigenous collection from Frank Root, a traveling shoe salesman who collected the items on his journeys during the 19th century, and once had a road show that rivaled P.T. Barnum’s extravaganzas, according to museum officials.

Wendell Yellow Bull, a descendant of Wounded Knee victim Joseph Horn Cloud, has said the items will be stored at Oglala Lakota College until tribal leaders decide what to do with them.

The items being returned to the Sioux people have all been authenticated by multiple experts, including tribal experts. The museum also has other Indigenous items not believed to have originated with the Sioux.

California Solidarity

Lakota Law

Han, Mitakuyepi. I’ll start by thanking every one of you who supported our Oceti Vote event this past weekend. Your friendship helped to create something very special — a successful Native voter outreach campaign and also a true celebration of our Lakota culture. Today we’re submitting the many voter registrations we gathered, and we’ll have a lot more to share with you once we’ve all had a chance to look back at everything.

In the meantime, I’d like to draw your attention to something important from our sister org, Let’s Green CA! They’ve created a solidarity action to protect the Juristac — the ancestral lands of the Amah Mutsun Tribal Band, Indigenous People in what is now called Northern California. As Santa Clara County evaluates an environmental impact report on a proposed sand and gravel mining project, your input could help protect the sacred! So, because you live in California, today I ask you to stand with my relatives on the west coast of Turtle Island and tell the County: no mining at Juristac!

Lakota Law

The Lakota People’s Law Project and Let’s Green CA! (which also just got a climate equity bill signed into law in California) take both environmental and Indigenous justice extremely seriously. The two are inextricably intertwined, because far too often, Indigenous communities wind up on the frontlines battling extractive industry which demonstrates no regard for Unci Maka, our Grandmother Earth, nor for us as this land’s first inhabitants and stewards. 

The Amah Mutsun Band’s fight to protect the Juristac from being torn asunder by miners sounds a lot like our fight to stop gold, uranium, and lithium mining in our sacred He Sapa — the Black Hills. Our relatives in so-called Nevada have a similar fight on their hands with the lithium mining at Thacker Pass. And then there are all the oil pipelines — Dakota Access, Keystone XL, Line 3 — you have helped us resist. 

It’s critical that we continue to stand in solidarity with one another every step of the way, each time any project imperils Unci Maka and the future we wish to create for the next seven generations. By widening our circle, we increase our power. So, please do keep tabs on the good work of Let’s Green CA! and show your support by submitting a comment to protect the sacred at Juristac. Rest assured that together, we can and will continue to win justice — for Indigenous People and for our Grandmother Earth.

Wopila tanka — thank you for your friendship and solidarity!
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

Boarding Schools Part II

WARNING: This story contains disturbing details about residential and boarding schools. If you are feeling triggered, here is a resource list for trauma responses from the National Native American Boarding School Healing Coalition in the U.S. In Canada, the National Indian Residential School Crisis Hotline can be reached at 1-866-925-4419.

This story and a two-part podcast are the result of a collaboration between ICT and Reveal to examine Indigenous boarding schools in the United States. The podcast, “Buried Secrets: America’s Indian Boarding Schools,” starts with part 1 that aired Oct. 15 and concludes with part 2 that aired Oct. 22.

Mary Annette Pember
ICT

PINE RIDGE INDIAN RESERVATION, South Dakota – Justin Pourier will never forget what he saw in the basement of Drexel Hall.

Pourier, a citizen of the Oglala Lakota Tribe, was working as a bus driver and maintenance person for the Jesuit-run Red Cloud Indian School on the Pine Ridge reservation when sometime in the 1990s a supervisor asked him to go into the basement to look for a leak.

Pourier made his way down the rickety steps to the vast basement below Drexel Hall, former home to student dormitories and later a convent for nuns who taught at the school.

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Back in a corner, past a wooden door that led into a small room with a dirt floor, he saw three small mounds of dirt. Evenly spaced, shaped like child-size graves, the mounds were marked with primitive crosses.

“Right away, I knew that wasn’t right,” Pourier told ICT and Reveal in May.

LISTEN: Part 1https://open.spotify.com/embed/episode/6aOSEFd1xw1HQRdJuUIdXu?utm_source=generator

LISTEN: Part 2https://open.spotify.com/embed/episode/55ZvPgZnXeZSvmUFLUVJ5i?utm_source=generator

After learning of the discoveries of unmarked graves of children who attended residential schools in Canada, Pourier reached out to Red Cloud leaders earlier this year and told them his story.When he told his supervisor about his discovery, however, the man grew angry, demanding that he never discuss his findings with anyone.

And so, Pourier obeyed. Until now.

After learning of the discoveries of unmarked graves of children who attended residential schools in Canada, Pourier reached out to Red Cloud leaders earlier this year and told them his story.

By then, Red Cloud had already launched a Truth and Healing effort amid growing pressure to reveal the truths about the school’s boarding school past.

The Holy Rosary Cemetery, shown here in May 2022, sits next to Red Cloud Indian School in Pine Ridge, South Dakota. (Photo by Mary Annette Pember/ICT)
The Holy Rosary Cemetery, shown here in May 2022, sits next to Red Cloud Indian School in Pine Ridge, South Dakota. (Photo by Mary Annette Pember/ICT)

Red Cloud is a microcosm of the issues facing churches, government leaders and Indigenous people over the nation’s sordid boarding school history, and could provide a blueprint for other schools in years to come.Now a day school that provides education to about 600 Indigenous students from kindergarten through high school, Red Cloud is among the first of the former Indian boarding schools in the United States to actively work toward truth and reconciliation.

“It’s important we explore our history and own our past,” Red Cloud President Raymond Nadolny told ICT/Reveal. “This is a strong, fierce community. We’re excited to get these conversations on the table.”

Red Cloud is a microcosm of the issues facing churches, government leaders and Indigenous people over the nation’s sordid boarding school history, and could provide a blueprint for other schools in years to come.

The Truth and Healing efforts, so far, however, have uncovered more questions than answers.

A seven-month review of the Red Cloud school by ICT and Reveal found evidence of at least one unmarked grave and at least 20 student deaths, and harsh, dehumanizing treatment of students at a time when the Catholic Church was accumulating thousands of dollars in government payments and hundreds of acres of land at the expense of the Oglala Lakota people.

From 1903 to 1940, records show the church received the equivalent of nearly $18 million in today’s dollars via the U.S. government from Lakota trust and treaty funds for providing education to Indigenous students at Red Cloud, and obtained more than 700 acres of tribal lands for the mission and school, the ICT/Reveal review found.

Today, the nonprofit organization that now runs Red Cloud also operates another elementary school, six community churches and the Heritage Center art gallery. It reports $82 million in assets while based in a county, Oglala Lakota County, that ranks among the poorest 25 counties in the U.S.

And though Red Cloud officials have vowed to uncover the truths of their boarding school history, the Catholic Church’s openness with records has fallen short of expectations. The lack of transparency prevents researchers from determining how many children attended boarding schools across the United States and keeps family members from knowing what happened to their missing relatives, ICT/Reveal found.

Maka Black Elk, Oglala Lakota, is executive director of Truth and Healing at Red Cloud Indian School. He is shown in this undated photo in front of Drexel Hall on the school campus, where officials have agreed to excavate the basement after a report that small graves were seen there in the early 1990s. (Photo courtesy Red Cloud Indian School)
Maka Black Elk, Oglala Lakota, is executive director of Truth and Healing at Red Cloud Indian School. He is shown in this undated photo in front of Drexel Hall on the school campus, where officials have agreed to excavate the basement after a report that small graves were seen there in the early 1990s. (Photo courtesy Red Cloud Indian School)

“The Catholic Church needs to recognize that honesty, being forthright and vulnerable, are far more powerful and more healing than being reticent, restrictive and closed,” said Maka Black Elk, Oglala Lakota, who was hired in 2020 as executive director of Truth and Healing for Red Cloud.

ICT/Reveal also reached out for comment to Jesuit leadership internationally in Rome and in the U.S., the Vatican, the U.S. Conference of Catholic Bishops and the head of the Bureau of Catholic Indian MIssions. Officials did not make themselves available for interviews.

And while Red Cloud is being lauded by some for its efforts, others question whether an independent investigation might be more truthful.

“How can we let them investigate themselves?” asked Dusty Nelson, a citizen of the Oglala Lakota tribe and a former student at Red Cloud who has been an outspoken critic of Jesuit leadership.

Some questions may be answered in coming weeks. Red Cloud is set to begin excavation on Monday, Oct. 17, in the Drexel Hall basement where Pourier believes he saw the small graves.

Ground-penetrating radar of the site in May was inconclusive on what might lie beneath the ground, and officials agreed to dig up the concrete slab that now covers the area.

The ICT/Reveal findings will be featured in a two-part podcast, “Buried Secrets: America’s Indian Boarding Schools,” that starts with part 1 on Saturday, Oct. 15, and concludes with part 2 on Saturday, Oct. 22.

A long history in Lakota country

It was a hot July on the South Dakota prairie in 1888 when a Jesuit priest known as Father Jutz escorted four nuns from the Sisters of St. Francis of Penance and Christian Charity to Lakota country to teach Indigenous children at the newly built Holy Rosary Mission School.

Clad from head to toe in black habits and head coverings, the nuns arrived to greetings from Lakota leaders under the prairie’s unrelenting summer sun, with temperatures likely reaching into the 90s.

This historic photo shows female students at Red Cloud Hall, circa 1910 – 1930, when the school on the Pine Ridge Indian Reservation was known as Holy Rosary Mission. (Photo courtesy of Red Cloud Indian School and Marquette University from Holy Rosary Mission-Red Cloud Indian School records via Reveal)
This historic photo shows female students at Red Cloud Hall, circa 1910 – 1930, when the school on the Pine Ridge Indian Reservation was known as Holy Rosary Mission. (Photo courtesy of Red Cloud Indian School and Marquette University from Holy Rosary Mission-Red Cloud Indian School records via Reveal)

Seeing women for the first time with the Black Robes, as the Lakota people called the priests, the tribal leaders were curious.

“Are these your wives?” they asked Jutz, according to a written history by the Sisters of St. Francis that recounts the exchange. The diary was originally written in German but the archives include a version translated into English.

Jutz was apparently flummoxed into silence by the question, so one of the nuns responded.

“No,” she said. “[We’ve] come only for the sake of the Indians.”

Jutz had arrived in Lakota country to open Holy Rosary in 1887, two years before Congress created the Pine Ridge reservation in an effort to reduce the size of the Great Sioux Nation.

Catholic historians say that Lakota Chief Red Cloud invited church leaders to his country to educate Lakota children. Seeing the inevitable encroachment by the White man on his peoples’ lands and way of life, they say, Red Cloud saw the similarities between the church’s use of ritual and that of Lakota holy men.

Others disagree with the church’s perspective. Nelson, who said she is descended from Chief Red Cloud, believes the leader wanted to help his people navigate a major change in their society and lives. If he had known about the often-brutal assimilationist methods at the school and the goals of destroying Lakota culture and language, he never would have allowed them access to the children, she said.

Dusty Lee Nelson, Oglala Lakota, is a descendant of Chief Red Cloud and a former student at Red Cloud Indian School. She serves as a mentor for the International Indigenous Youth Council on the Pine Ridge Indian Reservation and is a critic of Jesuit leadership at the school. reservation. She is shown here outside her home on  Pine Ridge in May 2022. (Photo by Mary Annette Pember/ICT)
Dusty Lee Nelson, Oglala Lakota, is a descendant of Chief Red Cloud and a former student at Red Cloud Indian School. She serves as a mentor for the International Indigenous Youth Council on the Pine Ridge Indian Reservation and is a critic of Jesuit leadership at the school. reservation. She is shown here outside her home on Pine Ridge in May 2022. (Photo by Mary Annette Pember/ICT)

Regardless of the long-ago motivations, the Catholic Church and its emissaries remain today on Pine Ridge, their existence intertwined with the fabric of the community for more than 130 years.

Much has changed at the school since the early days. The name was changed to Red Cloud Indian School in 1969, and the school stopped boarding students in 1980.

Its mission no longer includes destruction of Indigenous culture, spirituality and language, and now offers classes in Lakota language and culture. It employs tribal citizens as teachers and administrators.

And in keeping with the Jesuit reputation as rigorous educators, Red Cloud leads the nation in producing Gates Millennium Scholars per capita, with 72 students having received the honor as of 2016. An estimated 90 percent of graduates attend college.

That’s quite a feat in a community with a 70 percent high school dropout rate, and many Red Cloud graduates go on to attend Ivy League colleges and universities. Still, the school has rigorous admissions requirements and requires significant family support, which many students on Pine Ridge may lack.

“Since Red Cloud is a private school, they can set their own standards for entrance and attendance,” said Dayna Brave Eagle, director of the Oglala Sioux Tribe’s education department. “Tribal and public schools, however, don’t have that luxury.”

Nonetheless, there is a community of loyal Red Cloud supporters in Pine Ridge that includes generations of families who have graduated from the school and who take great pride in their ability to excel in the Jesuit’s demanding environment.

Related stories:
Red Cloud school will dig for graves
Catholic Church siphoned funds paid to Native people for stolen lands
Deaths at Chemawa
Sometimes we hear the voices of children playing there’
—’We carry the trauma in our hearts’
’Our ancestors risked their lives and freedom’
Churches starting to face facts on boarding schools
—’This place is the devil’
Canada, US differ on boarding schools
We won’t forget the children
Death by civilization
—’We have to know it to heal it’ 

Jesuit leadership proudly points out that U.S. Supreme Court Justice Samuel Alito visited the school in 2011. And six of the current Supreme Court justices attended private Catholic schools, with Justices Clarence Thomas and Brett Kavanaugh attending Jesuit schools.

The school’s latest effort, the Truth and Healing review, likewise has the support of the Jesuits, Nadolny said. They have allocated $20,000 to the school for the work and recently supported bringing in the ground-penetrating radar to search for graves on campus. The Jesuits have allocated another $50,000 to pay one year’s salary for an archivist to examine their boarding school records in St. Louis.

The radar found no evidence of graves under the school lawn, but the results in the Drexel Hall basement were inconclusive.

Unlike the discovery of unmarked graves at the Kamloops Indian Residential School in British Columbia, Canada, however, the potential for graves in the basement of Drexel Hall raise more sinister concerns. Tribal leaders and federal authorities will be on hand for the excavation.

“Red Cloud wasn’t a boarding school in the 1990s [when Pourier saw the graves] so we will be involving law enforcement, in addition to members of the community, when we excavate the area,” Black Elk said.

The revelation of Pourier’s findings has caused a stir in the community, with some calling for closure of the school while outside investigators search for evidence.

In August, Jesuit Father General Arturo Sosa visited Red Cloud school and offered an apology for the Jesuit’s role in assimilationist boarding school policies and actions, but many people in the community were not aware he was there until after he had left.

Harsh conditions

More than 1,000 graves have been discovered at Indian residential schools in Canada, where the searches continue, and more than 50 burial sites have been identified so far in the U.S. among the 500 Indian boarding schools that received federal funding.

The remains of more than two dozen children have already been returned to their tribes after being discovered on the grounds of the former government-run Carlisle Indian Industrial School in Pennsylvania, and more than 170 are still buried there, records show.

The search is ongoing, according to the U.S. Department of the Interior.

Rumors of missing students and unmarked graves have circulated around Indigenous boarding schools for years, including in the Pine Ridge community, and a number of other private schools across the U.S. and Canada are joining Red Cloud in searching their grounds for evidence of graves.

“These stories are rooted in horrific truths of the broader boarding school past,” said Black Elk.

Justin Pourier, Oglala Lakota, his daughter Joaquina, left, and wife, Marla, watch technicians conduct ground-penetrating radar in the basement of an old building at Red Cloud Indian School. Pourier was working for the school in the 1990s when he saw what appeared to be three small graves in a dark corner of the vast basement. He was told to stay quiet about it, and he did, until 2022, when he reported it again to school leaders. Officials are set to excavate the section of the basement starting Oct. 17, 2022. (Photo by Mary Annette Pember/ICT)
Justin Pourier, Oglala Lakota, his daughter Joaquina, left, and wife, Marla, watch technicians conduct ground-penetrating radar in the basement of an old building at Red Cloud Indian School. Pourier was working for the school in the 1990s when he saw what appeared to be three small graves in a dark corner of the vast basement. He was told to stay quiet about it, and he did, until 2022, when he reported it again to school leaders. Officials are set to excavate the section of the basement starting Oct. 17, 2022. (Photo by Mary Annette Pember/ICT)

The stories regarding Red Cloud school, however, have seldom included eyewitness testimony, at least until now, and the community is hoping for answers.

“This is a hard conversation for our community to have,” Black Elk said. “If our GPR work helps open the door to those conversations, then hopefully that leads people to healing.”

Nadolny did not dismiss the possibility of examining a larger area of the school grounds – an effort he estimated could cost millions of dollars.

“It’s something that might have to be done,” he said. “I think it’s important that the Truth and Healing work be Indigenously-led … As we have credible allegations of graves, we will address it.”

ICT and Reveal found evidence that at least 20 students died at the school – and another was sent home to die – in a review of documents at the Bureau of Catholic Indian Missions Archive at Marquette University in Milwaukee, Wisconsin; at the National Archives in Kansas City, Missouri; and at Red Cloud school.

Data, however, is scant, and the handwriting is sometimes difficult to read. The records often do not include any indication of how the children died, and their tribal affiliations are often redacted.

Among those was Zora or Zona Ironteeth, 7, who died in 1915 of unreported causes and was buried in the Catholic cemetery next to the school, according to the written history maintained by the Sisters of St. Francis. The written account covers a 40-year period at Holy Rosary Indian Mission, from 1888 to 1929.

ICT/Reveal found Ironteeth’s name and the location of her grave on a large, handwritten map of the cemetery at Red Cloud school, but was unable to locate a marker for her grave at the designated site during a search of the grounds.

Tyler Star Comes Out, Oglala Lakota, leads a group from the International Indigenous Youth Council on horseback around the church at Red Cloud Indian school in Pine Ridge, South Dakota in May 2022, during a search for unmarked graves with ground penetrating radar on the school grounds. The youth council has pressured Red Cloud officials to examine the school's boarding school past. (Photo by Mary Annette Pember/ICT)
Tyler Star Comes Out, Oglala Lakota, leads a group from the International Indigenous Youth Council on horseback around the church at Red Cloud Indian school in Pine Ridge, South Dakota in May 2022, during a search for unmarked graves with ground penetrating radar on the school grounds. The youth council has pressured Red Cloud officials to examine the school’s boarding school past. (Photo by Mary Annette Pember/ICT)

The nuns’ written history mentions several other student deaths at the school as well. Some entries include the names and causes of death, and others simply state the number of student deaths during select years.

In 1888-1889, the first year the school year was open, seven student deaths were recorded out of the 130 students who attended. Only the first child who died at the school is identified — Ignace Black Face, who died at the mission in 1888 or 1889.

Other students identified in the nuns’ history as having died at the school over the years include Etta or Ella Shangreauw or Shangrau, 1895; Clara Condelario, who died in 1915 from tuberculosis and other health issues; Harley Cook, who died in 1925 at age 16; and Lawrence Clifford, who died May 1, 1926, of double pneumonia.

ICT/Reveal found death records from the National Archives for Etta/Ella and Harley, and an additional child, Rosa Red Elk, who died in 1907 at the mission but whose name was not found in the written history.

Tim Giago, of the Oglala Lakota Nation and founder of Indian Country Today, now ICT, also recalled digging a grave for his friend Bozo Richards, who died at age 16 during the years Giago attended the school, from the late 1930s to the early 1940s. Giago spoke to ICT/Reveal in May, just a few months before his death in July 2022.

Official death reports on the Pine Ridge reservation are sparse, relying on information filed with the federal Indian agent by farmers who lived in districts on the reservation. The White farmers were paid to report the information, but seldom included age, cause or place of death, according to a Bad Lands Resource Study from 2006 by the National Park Service.

In searching the region’s newspapers, ICT found no information regarding deaths or obituaries on the reservation from late 1800s into the 1920s.

Further complicating the search for student deaths, moreover, is that the cemeteries associated with Christian missions served not only the schools but also the entire community.

According to the nuns’ written history, seriously ill children or the remains of those who died were often retrieved by their parents, since most of the children attending Holy Rosary were Lakota from the Pine Ridge reservation. Unlike federal schools that were usually located far from tribal communities, parents were better able to travel to Christian mission schools, frequently located on or near reservations, to collect their ill or dead children.

Records indicate children at both federal and Christian schools often died from contagious diseases exacerbated by overcrowding, poor living conditions and inadequate food.

At Pine Ridge, the nuns’ written history describes waves of illnesses moving through the school, including measles, mumps, flu, trachoma, “skin disease,” tuberculosis, smallpox and typhoid.

In 1911, a Catholic doctor told the nuns that the children were sleeping too closely together, and the nuns converted the kindergarten into a sick room, the history recounts. Another entry blames children for bringing disease into the school after they were allowed to return home for a visit.

Tuberculosis, often referred to as consumption, was a persistent problem, among the nuns as well as the children.

A 1910 entry in the nuns’ history describes a government doctor finding that one of the nuns had “consumption” and ordering her to stay away from the children.

And in 1914, parents at the Holy Rosary Mission complained to the Indian agent that their children had gotten consumption from the sisters, according to the written history. A government doctor visited the school and issued orders for the school to collect information on deaths and illness.

The sisters did not take kindly to the criticism, with an entry in the history complaining of excessive government interest in “corporal benefit of the Indians.”

The same year, the Pine Ridge Indian agent responded sharply to a government circular urging quarantine for contagious diseases.

“The position of agency physician on this reservation has been vacant for five months. We have no reservation hospital or other place for suitable isolation. There is considerable suffering among the Indians here,” he wrote.

Other health problems spread throughout the school. A government doctor making a 1913 visit found nearly 100 children had trachoma, now known to be a bacterial infection that can cause blindness. Later, three government doctors came to the school and conducted “operations” on the children’s eyes in the parlor, the written history notes.

“Nothing else could get done because of care being given to the children,” the author complained.

Some terse entries suggest poignant stories of death, suffering and abuse.

An entry in 1915 describes the short life of Clara Condelario, who appeared to be in her early 20s when she died. She is described as an orphan who came to the mission in 1890 after the deaths of her Mexican father and Indigenous mother.

“She asked to remain at the mission (after her schooling was completed) and live like the sisters; they accepted her work around the house,” the entry notes.

“One day whilst scrubbing in the church she slipped, knocked her elbow on a bench and broke her arm. She didn’t tell the sisters until the arm pained her so much she could hardly dress herself. They sent her to hospital in Omaha where they put her arm in a cask [sp]. After we removed it things were not as they should be so we prevailed on her to return to hospital.”

The doctor who examined her found several sores on her body, and concluded she also had appendicitis. When they operated, however, they found her intestines were decayed from “tuberculosis of the stomach,” which can cause abdominal pain.

Basil Braveheart, 89,  of the Oglala Lakota tribe attended Holy Rosary Mission when it was a boarding school in the late 1930s and early 1940s. He is shown here at his home in May 2022 on the Pine Ridge Indian Reservation. The school, renamed Red Cloud Indian School, now operates as a day school for children in grades K-12. (Photo by Mary Annette Pember/ICT)
Basil Braveheart, 89, of the Oglala Lakota tribe attended Holy Rosary Mission when it was a boarding school in the late 1930s and early 1940s. He is shown here at his home in May 2022 on the Pine Ridge Indian Reservation. The school, renamed Red Cloud Indian School, now operates as a day school for children in grades K-12. (Photo by Mary Annette Pember/ICT)

“There was nothing they could do, she died a few days later,” the entry concludes. “A requiem was held. She was the first Sioux girl to make a vow of chastity. She is buried near the sisters in the cemetery.”

Physical abuse, especially in the earlier years, was ever-present, former students told ICT/Reveal. Basil Braveheart of the Ogala Lakota tribe recalls the strict environment when he attended Holy Rosary School more than 80 years ago. Braveheart, now 89, said teachers used corporal punishment for even the smallest violation of school rules.

In addition to beatings, Braveheart described the emotional and spiritual abuse of being separated from family and being forbidden to speak the Lakota language.

“The experience was very traumatizing to me as a child,” Braveheart said. “Our language is what defines our culture. Having it taken away was a spiritual violation.”

Physical punishment is also mentioned in the historian’s entries. One describes a parent known as a “troublemaker” who complained to government inspectors about heavy-handed punishment meted out by the nuns and priests. The complaint drew a response from the inspector.

“The inspector suggests we use a strap rather than a stick to beat the children,” the history notes.

Other mentions of student deaths at Holy Rosary appear mostly in passing. An entry from 1913 mentions that an 8-year-old boy died from eating “a great quantity” of elm blossoms.

An entry in 1918 reads, “the flu comes, many die, funerals every day, authorities keep Indians away from the mission.” And in 1920, “children sick from smallpox, forbidden to return home.”

An entry from 1927 notes there was “much sickness” at the school and on the reservation, noting that three children died at Holy Rosary and more than 300 “babies” died on the reservation.

Additional details are believed to be included in the school’s sacramental records, but church officials have refused to open them up for scrutiny over privacy concerns. And whatever grave markers may have existed have long since crumbled.

Financial rewards

The Catholic Church benefited financially, however, for every child who attended the Pine Ridge school, receiving government, church and private funding.

Moreover, the church gained substantial political and economic influence in the U.S. through its work with Native peoples.

“The political weight of the Catholics in the nation and their successful lobbying for their interests in the Indian school question gave them a more widely accepted role in the national affairs, and it is no longer possible to think of management of Indian affairs without some consideration of Catholic views,” Jesuit scholar and priest Francis Paul Prucha wrote in 1979 in the book, “The Churches and the Indian Schools: 1888-1912.” He died in 2015.

For more than 65 years, until the 1970s, the U.S. government diverted Indian trust and treaty funds as direct payments for tuition to Christian boarding schools until funds grew depleted, according to the Marquette website. Catholics operated most of the schools and received the lion’s share of the funds, as well as other federal dollars.

Nadolny told ICT/Reveal that the possibility of paying reparations to the tribe is open for discussion.

“That’s a good conversation to have with the tribe,” he said. “Everything is on the table.”

Raymond Nadolny was tapped to be president of Red Cloud Indian School in 2019, the is the first non-Jesuit to lead the school. He is shown here in front of Drexel Hall on the Red Cloud campus. (Photo by Mary Annette Pember/ICT)

Raymond Nadolny was tapped to be president of Red Cloud Indian School in 2019, the is the first non-Jesuit to lead the school. He is shown here in front of Drexel Hall on the Red Cloud campus. (Photo by Mary Annette Pember/ICT)

Records indicate that Holy Rosary school received $108 per student as early as 1903, which would have meant a yearly payment of $21,600 – the equivalent of more than $700,000 in today’s dollars – for the 200 students typically enrolled at the time.

By then, government payments to churches for educating Indigenous students were routine.

The federal government began paying Christian missionaries to “civilize” and educate Indigenous peoples as early as 1789, based on a recommendation from then-Secretary of War Henry Knox.

Over the ensuing decades, in 120 of the 370 treaties made with Native people, the government promised to provide education and indicated that Christian missionaries could be paid to do it, according to research by Indian law experts Matthew Fletcher, citizen of the Grand Traverse Band of Ottawa and Chippewa Indians, and Wenona Singel, citizen of the Little Traverse Bay Bands of Odawa Indians, at Michigan State University’s Indigenous Law and Policy Center.

In 1819, Congress passed the Civilization Fund Act, creating a fund to pay Christian missionaries to establish schools in Indian Country in order to replace Native culture with Christian practices. In 1824, the fund supported 32 Christian boarding schools; by 1830, that number had risen to 52.

Funds from treaties, without consultation with tribes, were often used to help support the effort, according to the Native American Rights Fund.

“With respect to the history of missionary activities, it is probably enough to say that they date practically from the very beginning of the contact of the white man with the Indian. The policy of the government has always been to encourage missionary activities,” according to The Meriam Report, a 1928 study by what is now the Brookings Institution that surveyed conditions on Indian reservations in 26 states.

In 1869, Congress enacted President Ulysses S. Grant’s Peace Policy, which allowed the government to create its own boarding schools and authorized the coerced removal of Native children from their families to attend.

The policy institutionalized the concept of assimilation through boarding school education, but allowed church-run schools to continue to receive federal support.

Under the policy, Indian Country was effectively apportioned out to various Christian missionary groups, and Catholic leaders rushed to secure dominance on reservations with large trust funds, such as the Osage and Chippewa tribes, according to the archives at Marquette University.

The policy set off a conflict between Catholics and Protestants, leading to the creation in 1874 of the Bureau of Catholic Indian Missions, a lobbying organization founded to protect and promote Catholic interests.

In 1908, the U.S. Supreme Court decided in Quickbear v. Leupp that Native people could use their trust and treaty funds to pay for tuition in denominational schools, finding that the payments would not violate the separation of church and state because the funds belonged to tribes.

Catholics then set up a system in which Indigenous people could sign petitions, often with simple thumbprints, allowing the federal government to pay a portion of trust and treaty funds directly to the Bureau of Catholic Indian Missions, which in turn paid the individual schools.

Interestingly, the 1908 court describes the plaintiffs, who were Indigenous people of the Rosebud Sioux, as “citizens of the United States,” though Native people were not granted U.S. citizenship in South Dakota until the passage of the 1924 federal Indian Citizenship Act.

The court ruling made much of the Lakota people’s freedom of choice in its decision, but failed to note that Indigenous people at the time were prohibited from freely practicing their religion, selling their lands or spending their trust and treaty funds on food or supplies.

Year-by-year accountings of treaty fund payments were not among the archived documents, but a previous review of available records by ICT found that Indigenous people signed over more than $30 million in trust and treaty funds – adjusted to today’s dollars – to Catholic schools in just nine years scattered between 1910 and 1954.

Holy Rosary Mission School received Indian trust and treaty funds for at least 37 years, according to the ICT/Reveal review of available records.

ICT also found evidence of Catholic mission schools receiving additional federal monies, such as an additional $125 per child in trust and treaty funds for care and maintenance of neglected Indian children. Holy Rosary received those funds for 30 of its needy students in 1935, the equivalent of about $80,000 in today’s dollars, according to records at Marquette University.

Many schools also received children’s portions of federal rations for several years, according to the Marquette archives.

Additionally, Catholics were successful at private fundraising for the schools.

In 1884, the church created an annual Lenten collection to benefit the Bureau of Catholic Indian Missions and African-American mission. Each diocese was required to send its funds from the collection to the bureau. The Lenten collection still generates funds for the Bureau of Catholic Indian Missions.

Bureau Director William Ketchum also created The Indian Sentinel, an official fundraising magazine for the Society for the Preservation of Faith Among Indian Children. The magazine published three times a year until 1962 and featured first-hand accounts of missionaries.

From 1901 to 1914, the society raised $328,403 – or about $9 million in today’s dollars. In 1939, The Indian Sentinel generated $77,854, or about $1.5 million in today’s dollars.

In a notable example of Catholic fundraising success, the sisters at Holy Rosary reported in 1920 that they collected $40 from the citizens of the Pine Ridge reservation for starving children in Austria during the post-World War I years.

Nelson and others, however, complain that Red Cloud’s successful fundraising campaigns today imply that donations benefit a broad population on Pine Ridge, without mentioning the restrictions to get into the school.

“Red Cloud only takes the cream of the crop,” Nelson said. “Those with behavior or developmental problems or without family support can’t make it there.”

The Catholic Church also accumulated tribal lands from the U.S. government.

Under the Dawes Act of 1887, tribal lands held in common could be broken up into small parcels or allotments for individual heads of families and could be available free of charge to Christian missionaries.

Tribes lost more than 90 million acres of land because of the Dawes Act, according to the Indian Land Tenure Foundation. Unlike the lands allotted to individuals — which were held in trust by the government — churches were given tribal lands in a transfer known as “fee simple,” meaning the land could be used or transferred freely.

In his 1901 annual address, President Theodore Roosevelt described the act as a “mighty pulverizing machine to break up the tribal land mass.”

ICT/Reveal found documentation at the Marquette archives that the Bureau of Catholic Indian Missions received more than 10,000 acres of allotted Indian lands to be used for schools from 1887 to 1934. In the 1960s and 1970s, however, documents show that the bureau divested itself of some of those lands by giving them to various Catholic dioceses and other entities.

The review of records recently by ICT/Reveal found that more than 7,000 acres of allotted Indian lands are still held by Catholic-affiliated organizations, including 1,118 acres held by the Bureau of Catholic Indian Missions and 6,062 acres held by other Catholic entities.

The bureau transferred more than 700 acres of allotted lands to the nonprofit organization that ran the school, including the lands at Wounded Knee where hundreds of Lakota people were slaughtered in 1890 and left in a mass grave, according to bureau records at Marquette.

Red Cloud recently returned to the tribe about 40 acres, including the mass grave site. Records are unclear on the exact number of acres now held by Red Cloud.

ICT found that Holy Rosary purchased a number of other small tracts of land on Pine Ridge after allotment under the Dawes Act ended in 1934. According to a 1935 letter from the Department of the Interior to Rev. William Hughes, director of the Bureau of Catholic Indian Missions, Congress issued an order allowing for sale of small tracts of restricted Indian lands to churches.

”I do believe that if tribal authorities wanted to sit down and have a conversation and demarcate all those properties, we’d be open to discussion,” Nadolny said, when asked if Red Cloud would consider giving more land back to the tribe.

“There are some unused parcels of property that I’d be happy to talk about with the tribal council,” he said.

Lack of transparency

Some details about boarding school history remain sketchy, however, because access to information has been limited by Catholic authorities.

Marquette University, a private Jesuit university in Milwaukee, is holding back decades of records showing student names, tribal affiliation, blood quantum and years of attendance at schools until information regarding blood quantum can be redacted.

Marquette archivists say portions of records are being scrutinized so they can black out some details to protect the privacy of long-dead students, but critics say it is a way to shield the church from uncomfortable realities.

Legislation is now pending in Congress that would help researchers get access to records at Marquette and other institutions. The bill would create a U.S. Truth and Healing Commission much like the one in Canada, with the ability to issue subpoenas for records for local churches and other government records related to attendance, illness, death, land and other correspondence.

The withholding of information has stymied a growing effort among tribes to locate the children who went missing or died while attending boarding schools, and access to Catholic Church archives remain a sticking point in uncovering the truths of what happened in the schools.

In the United States, the Franciscan Sisters of Perpetual Adoration, Archdiocese of St. Paul and Minneapolis and the Jesuits have offered apologies or announced efforts to examine their history surrounding boarding schools, such as improving public access to their archives.

And although Catholics in Canada agreed to allow access to records under an agreement with that nation’s Truth and Reconciliation Commission, many churches and orders continue to resist, citing privacy concerns.

Boarding school survivors and their ancestors here in the U.S. are finding similar resistance by churches.

Sacramental records, for example, which contain information about deaths and burials, are considered private by the church, protecting the past 100 years of data from public view. In some cases, however, sacramental records may be the only source of information about who lived and died at the schools.

An ordinance passed by the Oglala Sioux tribal council in the 1990s is being blamed for broad restrictions on Catholic boarding school reports made to the Bureau of Catholic Missions and to the U.S. government. In order to receive payment of trust and treaty funds to pay for tuition, each school was required to submit quarterly reports including names, tribal affiliation and blood quantum of students.

For reasons that remain unclear, the Oglala Sioux tribal council apparently passed an ordinance forbidding access in the 1990s to blood quantum information, according to Mark Thiel, former archivist at Marquette University and founder of the Bureau of Catholic Indian Mission archives.

Since that information is largely included in the same column as tribal affiliation in the archived records, however, the result is a restriction on access to important details that would help identify the students who died, ICT/Reveal found.

Tribal leaders told ICT/Reveal, however, that they were unaware of the ordinance or why it might have been passed. Tribal Council President Kevin Killer said he and the council will look into the history.

Marquette, meanwhile, has expanded the constraint beyond records for Oglala Sioux students, and now places the same restrictions on all of its records until archivists can redact the collection spanning more than 50 years.

Many of the government reports that should be in the National Archives, moreover, appear to have been lost.

In an earlier interview with ICT, Thiel said that fear of the unknown may be contributing to church leaders’ wariness about allowing open access to the archives. They don’t yet know what is contained in the records, he said.

“There are over 100 years of records in the collection,” Thiel said. “All of these secrets are locked into these filing cabinets and folders. It’s an amazing treasure trove.”

Amy Cooper Cary, head of special collections and university archives at Marquette, said the school takes its direction from the organization that donated the archival materials.

“None of our archives are closed to protect the Catholic Church,” Cary said. “They are closed in order to protect personal privacy.”

Nadolny said Red Cloud has recently hired a full-time researcher to help assemble the school’s history. He also pledged to investigate why certain records, such as sacramental records or school attendance logs, are being withheld.

Graduates at the Red Cloud Indian School in May 2022 received handmade quilts along with their diplomas. (Photo by Mary Annette Pember/ICT)

Graduates at the Red Cloud Indian School in May 2022 received handmade quilts along with their diplomas. (Photo by Mary Annette Pember/ICT)

Looking ahead

The troubles of the past were mostly out of mind at the Red Cloud graduation ceremony in May.

Like most graduations, it was a mixture of jubilation and relief. But at Red Cloud, there was a tangible air of conquest among the students as they made their way across the stage and mingled with family afterwards.

Ruby Clifford, a diminutive elder from the Ute Indian Tribe, used a cane to make her way through the crowd to her grandson, Stryker Clifford. Stretching her arm to its full extent, she turned the tassel on his cap indicating he had graduated.

A tall, husky young man, Striker lowered his head for his grandmother.

It was a flash of tender vulnerability. His grandmother’s simple gesture offered a glimpse into a family moment that felt almost too intimate to bear. Months of grief, dogged struggle and love were concentrated into a few seconds, a flicker of exquisite pain that crowded the throat.

Someone handed Stryker a large photograph of a man who bore a strong resemblance to the young graduate. Stryker held the image close, high on his chest, as he and his grandmother posed for the cameras. It was a photo of his father, Robert Clifford, Ute, who had died from COVID-19 a few months earlier.

“He would have been so proud of you, grandson,” Ruby Clifford said.

Stryker smiled at the camera; yes, his dad would have been proud.

Families turned out for graduation day at Red Cloud Indian School in Pine Ridge, South Dakota, in May 2022, including Ruby Clifford, Ute, who posed for a photo with her grandson Stryker Clifford, Oglala Lakota/Ute. Stryker is holding a photo of his late father, Robert Clifford, who died in August 2021 just as Stryker was starting his senior year at Red Cloud Indian School.  (Photo by Mary Annette Pember/ICT)

Families turned out for graduation day at Red Cloud Indian School in Pine Ridge, South Dakota, in May 2022, including Ruby Clifford, Ute, who posed for a photo with her grandson Stryker Clifford, Oglala Lakota/Ute. Stryker is holding a photo of his late father, Robert Clifford, who died in August 2021 just as Stryker was starting his senior year at Red Cloud Indian School. (Photo by Mary Annette Pember/ICT)

It was a moment of truth for all the graduates and their families – that they could have the benefits of a Western-style college preparatory education with its inherent access to an elite world and keep their Indigenous culture, language and traditions.

That is the unspoken gift that comes with a private Jesuit education — the social acumen and connections to help students navigate life outside of the reservation, the kind of knowledge that spells power in the White world.

But it still doesn’t address the harms of the past. Although Pope Francis apologized to Indigenous people in Canada in July for the cultural genocide of the residential school system there, no public apology or acknowledgement has been forthcoming in the U.S.

No one knows how many Indigenous children attended boarding schools here, or how many died without ever making it home to their families. No one knows how many are still missing.

But doors, including those at Red Cloud, are slowly being opened.

U.S. Interior Secretary Deb Haaland, Laguna Pueblo, the first Indigenous person to sit in a presidential cabinet, ordered an investigation of the U.S. boarding school system, and the Federal Indian Boarding School Initiative released its initial report earlier this year identifying hundreds of boarding schools that operated across the U.S.

Chieko Noguchi, director of public affairs for the U.S. Conference of Catholic Bishops, said discussions are ongoing in the United States between church officials and Indigenous leaders after the Pope’s visit to Canada.

“The Holy Father’s penitential pilgrimage to Canada offers a unique opportunity to engage in real and honest dialogue on the issue of boarding school accountability here in the United States,” Noguchi said, in an emailed response to questions from ICT, “and it is a vital part of the process to inclusively discern how to go forward together as the Catholic Church walks with the impacted communities on a path towards healing.”

Red Cloud is among the Catholic organizations now taking the lead to confront and address its own boarding school past. It won’t be easy — Indigenous people on Pine Ridge and elsewhere are demanding truth and reparations after decades of silence from church officials.

“I feel like they are trying to do the right thing, but it’s a very touchy process. People are going to get angry no matter what they do,” Jade Ecoffey, a senior at Red Cloud, told ICT/Reveal. “The most important thing is that they not try to hide anything.”

Davidica Little Spotted Horse, a former student at Red Cloud, said the church needs to give back some of what it has taken.

“The Jesuits should do something that has a lasting, broad impact for the tribe, like providing mental health services, housing or funding for education,” she said.

But can an institution whose mission was to eradicate Native language, culture and spirituality guide education today?

“Catholicism was all about wiping out Lakota culture and now they want to co-exist and teach us our language and spirituality,” Ecoffey said. “I understand how people are having an internal conflict about that. Our spirituality and our traditions are in our blood. We’ve always found ways to survive and keep our language and culture alive.”

Yet struggles remain.

Stryker Clifford’s mother, Farrah Oliver, a citizen of the Oglala Lakota Tribe, said her son came very close to not being able to walk across the graduation stage with his classmates.

Oliver and Stryker’s father, along with several other siblings, attended Red Cloud and counted themselves as part of the “Red Cloud family.” Although they were divorced, they shared parenting responsibilities; Stryker lived with his father in the village of Wounded Knee.

Stryker’s father died in August 2021, just as the teen was starting his senior year.

“He was Stryker’s whole world,” Oliver told ICT. “His senior year was supposed to be this grand thing, you know? The feather-tying ceremony, the prom, graduation pictures and driving his dad’s Camaro.”

Stryker missed seven days of school and got behind in schoolwork. Then came the notice from school officials.

“At first they were understanding, but in October 2021 Stryker brought home a paper the school called a ‘Success Plan,’” Oliver said. “It called for no more unexcused absences, maintaining a certain GPA and other things.”

Noticeably lacking, however, was any input from Stryker or school plans to offer support.

Oliver met with school officials and reminded them that his father had died only weeks earlier, only to be told, “He’s not the only one to lose a family member this year,” she said.

But the family banded together to support him. Oliver quit her job in Rapid City and moved in with her son. Ruby Clifford moved back to Wounded Knee from the Uintah and Ouray Reservation in Utah to be with her grandson.

And by graduation, Stryker was about one-half credit shy of completing his high-school requirements, so Red Cloud administrators allowed him to participate in the graduation ceremony with the understanding that he would complete the work.

Oliver said it was a “huge accommodation” from school officials, but she is clearly disillusioned by the experience.

“If Red Cloud doesn’t embrace your potential, you just become a number to them,” she said.

Stryker is now nearly finished with one final online course and is planning to attend the University of South Dakota, Oliver said.

“He’s a really smart kid,” Oliver said. “Our family supports him 100 percent.”

Kathryn Styer Martinez at Reveal contributed to this report.

Reveal is a co-production of The Center for Investigative Reporting and PRX. The Center for Investigative Reporting engages and empowers the public through investigative journalism and groundbreaking storytelling in order to spark action, improve lives, and protect democracy. It produces multimedia reporting, including the Reveal public radio show and podcast, and theRevealNews.org website.

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Red Cloud SchoolCatholic ChurchHoly Rosary MissionTruth And HealingReparationsReconciliationIndian Boarding SchoolsBuried SecretsPine Ridge

Mary Annette Pember

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Mary Annette Pember

Mary Annette Pember, a citizen of the Red Cliff Ojibwe tribe, is a national correspondent for ICT.

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When Juan Mancias was a child, his grandmother told him the story her parents told her, of the place at the Great River’s end. All good things ended up there, she said, carried from the high deserts across 1,000 miles to the sea, where they spilled across a vast delta, teeming with life. 
There, Mancias’ grandmother told him, the first woman was born from all the good things that washed down the river. And there, more than 60 years later, developers now want to build two export terminals, one priced at over $15 billion, to sell fracked Texas gas on international markets.  
Mancias, chairman of the Carrizo Comecrudo tribe, has spent his last year engaged in a global campaign to thwart the liquified natural gas (LNG) facilities proposed for his people’s sacred site. Supported by the Sierra Club, a coalition of Indigenous leaders and local organizers have traveled Europe lobbying customers and funders that developers need for their buildout in the Rio Grande Valley, a historically marginalized zone along the Mexican border in Texas. 
It’s not just a legendary paradise for Mancias’ people, it also holds the remains of an ancient village, Garcia Pasture, dubbed by the World Monuments Funds as “one of America’s premier archaeological sites.”

Continue reading: https://insideclimatenews.org/news/18102022/indigenous-leaders-in-texas-target-global-banks-to-keep-lng-export-off-of-sacred-land-at-the-port-of-brownsville/

Election Matters

Pauly Denetclaw
ICT

The Native vote has become increasingly influential, with the ability to determine whole elections in several states across the country.

U.S. Sen. Lisa Murkowski often credits her win to the Alaska Native vote. The Native vote swung the election for U.S. Rep. Mary Peltola, Sen. Jon Tester in Montana, and Sen. Heidi Heitkamp in North Dakota, said Jacqueline De León, staff attorney for the Native American Rights Fund in a briefing panel Oct. 13. During the 2020 presidential election, the Native vote in Arizona came out to give President Joe Biden a victory, the first time in more than two decades that the staunchly red state went blue. It doesn’t end there. Elections in Wisconsin, Michigan, Minnesota and Nevada, can all be swayed by the Native vote.

“Native American votes are being excluded from the table because there is power in these votes,” De León said.

Historically, the Native vote has been under attack from unfair voting ID laws that disproportionately impact Indigenous communities, to gerrymandering, lack of polling locations in rural areas, and the use of at-large voting systems.

“Across the country, we have seen intentional and purposeful discrimination against Native American communities and we are banding together in order to fight back against that,” De León said. “We are also encouraging Native Americans across the country to get out, push past these barriers in order to vote. The reason that these barriers exist is because of the power and potential of the Native American vote.”

It is now less than 30 days until the midterm election.

The Republican Party was forecasted to gain seats in the House and Senate but the striking down of Dobbs v. Jackson, the landmark case that previously ensured a person’s right to abortion care, has made everything more unpredictable than it already was.

This is the first election with the new redistricted maps using the 2020 Census numbers. An unusual census count considering many Indigenous nations closed their communities to outsiders and tribal citizens who lived outside the community due to the pandemic. It made obtaining an accurate count more difficult to achieve. It is clear that once again, Indigenous communities were severely undercounted.

“In this cycle, there’s been a radical undercount of the Native American population and unfortunately, that just affects redistricting,” De León said. “When you’re drawing the maps, they use the census numbers.”

Redistricting has impacted the Native vote in states like New Mexico and South Dakota. Congressional and state legislative districts are redrawn every 10 years to give fair representation in Congress. However, gerrymandering or unfair voting systems (like the at-large system) can occur to impact the influence of the Native vote.

(Related: It’s Census time)

It has also affected Indigenous candidates running for office.

U.S. Rep. Sharice Davids, Ho-Chunk, a Kansas Democrat, is in a more competitive district. The change is only slight, as noted by Jordan James Harvill, national program director for Advance Native Political Leadership.

“(Cook’s Political Report) has moved her partisan voter index from a plus two Democratic district to a plus one,” Harvill told ICT. “That’s not drastic and I don’t think it’s actually her biggest issue.”

The partisan voting index shows if a district leans Democratic or Republican compared to the rest of the country. In Davids’ district, it leans less blue, but Harvill said that’s not the problem for her.

Davids’ biggest issue is voter turnout during a midterm election year, which often sees lower voter turnout.

She needs to get as many of the 170,000 voters who voted for her in 2018 to head back to the polls during a midterm election. The year Davids was first elected, in 2018, brought record voter turnout, 53 percent of the citizen voting-age population. This percent is close to reaching a low voter turnout during a presidential election cycle.

The base of Republican voters who will come out and vote in every election for Kansas’ congressional district 3 is around 130,000. Historically, Democratic candidates were only getting about 90,000.

“When we’re trying to think about what turnout might be, it’s incredibly difficult to tell after a redistricting cycle,” Harvell said.

Kansas

Redistricting, inflation, the Dobb’s decision and the president’s low approval rating all have impacts on the election.

In Kansas, voters came out to secure the right to access abortion care. The Cook’s Political Report has Davids’ district as a toss-up, meaning it could go either way. FiveThirtyEight has forecasted also as a toss-up but favoring Davids slightly.

“Sharice Davids is considered a game changer candidate for Victory Fund. She has an EMILY’s List endorsement,” Harvill said. EMILY’s List is the largest women’s political committee and resource in the nation. “She has a ton of institutional support and she is deeply competitive in her fundraising, which is really important right now. She’s going to need a lot of money in that district in order to keep turnout high.”

Davids is running against Republican Amanda Adkins. Adkins has been endorsed by other Republicans including U.S Sen. Ted Cruz of Texas, and U.S. Rep. Yvette Herrell, Cherokee, representing New Mexico’s congressional district 2.

New Mexico

In New Mexico, the Democratic trifecta has carved up the more conservative part of the state that was almost wholly in congressional district 2, the southern half of the state. With the new congressional map, the old district 2 is spread across all three districts, meaning the solidly blue districts in central and northern New Mexico have taken on more conservative voters from southern New Mexico.

Herrell-Mountain-Range-portrait (1) (1)_

(Photo by Yvette Herrell, campaign website)

This has turned the district from red leaning to a toss-up race. FiveThirtyEight has Herrell only slightly favored. Cook’s Political Report has the race as a toss-up. This will be a more competitive race for Herrell than in 2020, where she won with 20,000 votes over incumbent Xochitl Torres Small, a Democrat. In 2018, Torres Small won by a small margin, less than 4,000 votes, over Herrell.

Before that, Republican Steve Pearce held congressional district 2 for 14 years.

In April, a state district judge cleared the way for the Republican Party of New Mexico to challenge the congressional map that divvies up a conservative area of the state into three congressional districts, rejecting a motion by Democrats who sought to dismiss the case.

The lawsuit by the GOP and seven allied plaintiffs holds implications for a congressional swing district in southern New Mexico where Herrell is the incumbent. This case was ultimately dismissed.

“These Congressional maps were ramrodded through the Democrat-led legislature for political gain. This is not a political issue but a fairness issue—we want to ensure that all the voices of New Mexicans are protected and represented by these maps, regardless of their political beliefs,” Steve Pearce, chairman of the Republican Party of New Mexico, said in a press release. “The Court recognizes that we have strong evidence to support our claim of blatant illegal gerrymandering that rips apart communities of interest and disenfranchises voters across the state. RPNM will always stand for fairness, the rule of law, and the core principles of our democracy.”

Herrell is running against Democrat Gabe Vasquez and Eliseo Luna, a write-in candidate.

According to July campaign finance data, Herrell has raised over double what Vasquez has. A well-funded campaign has an influence on how well a candidate will do at the polls. In a competitive race like this one, it could make a difference on whether or not Herrell gets reelected.

Counties affected

In some states, redistricting is used as a way to limit the influence of the Native vote in counties with a high Native American population. In South Dakota, districting in Lyman County has consistently used an at-large voting system that limited the influence of the Native vote.

“Then came Lyman County,” said OJ Semans, co-founder and co-director of Four Directions Native Vote. “What they did was they have at-large districts. So, what they’ve been able to do for the past 100 plus years was keep every Native off the county commission.”

The Lower Brule Sioux Tribe sued Lyman County for this tactic that breaks up the Native vote ensuring that any candidate of choice could not be elected to the Board of Commissioners.

Lyman County was ordered to redraw the districts but wasn’t able to do it in time. Then, the county requested that the redrawing of the districts wait until 2026. This was denied and the county was ordered to comply with the Voting Rights Act by the next election in 2024.

OJ Semans is executive director of Four Directions Inc, a Native American voting rights advocacy group. (Photo courtesy Four Directions)

OJ Semans (Photo courtesy of Four Directions)

“Although the order recognized the lack of time for a remedy this November, the Court’s order is a win for Native American voting rights,” Samantha Kelty, an attorney for the Native American Rights Fund, said in a press release. “Lyman County’s delays prevented a VRA-compliant general election this year. We look forward to the opportunity to win at trial to ensure Native voters will finally have a voice on the Lyman County Board of Commissioners.”

The at-large voting system is also being used in Benson County, North Dakota. Spirit Lake Tribe filed a complaint against the county earlier this month. For over two decades, the county has been under a consent decree and ordered to move from an at-large voting system to a by district voting system that would allow the Native vote to elect a candidate of their choice to two of the five commissioner seats.

In 2014, the county commissioners voted to keep the at-large voting system, disregarding the consent decree. Last December, the Benson County Redistricting Board voted to continue this legacy despite testimony from Spirit Lake chairman, Douglas Yankton, informing the board of the consent decree that has ordered the county to comply with the Voting Rights Act and North Dakota law that protects the rights of Native American voters.

Despite making up 46 percent of the county’s voting population, the Native vote could not elect a candidate of their choice due to the at-large voting system.

In northwest New Mexico, the Navajo Nation is suing San Juan County, where 40 percent of the population is Native American. Part of the Navajo Nation is located in San Juan County. The county packed all of the Native vote into one district where they would be represented by only one county commissioner.

“Like many regions with large populations of American Indian voters, New Mexico and San Juan County have a lengthy history of submerging and suppressing the participation of those voters in the political process,” the complaint read. “Despite comprising fewer than 40 percent of the County’s residents, Non-Hispanic White voters control the election outcomes in four out of the five Board of Commissioner districts.”

The Native American voting block should be able to elect two of the five county commissioners. As of right now, they could only elect one candidate of their choice.

The complaints in San Juan and Benson counties are ongoing.

“These redistrictings are always done to ensure that the non-Natives are able to keep control of the local and county and state government,” Semans said.

New ICT logo

The AP contributed to this report.

Indigenous Peoples Day

The politics behind a name

On the Wednesday edition of the ICT Newscast, an Osage elder discusses sovereignty and changing tribal constitutions. There’s a new Choctaw anthology sharing stories, essays and poems. Holly Cook Macarro breaks down Indigenous Peoples Day

  • ICT
  • Oct 12, 2022

Jim Gray was the youngest ​chief to be elected to lead the Osage Nation in Oklahoma. During that time, he worked through many issues that helped strengthen his government — and ultimately the Osage people. Today he’s a consultant with Gray Consulting.

The perspective of Choctaw matriarchs is being presented in a new anthology called, “Stories by Choctaw Women.” Ten women contributed stories that range from fiction and nonfiction, some essays, family letters and even poetry. The book is edited by Leslie Stall Widener and her sister, Celia Stall Meadows.

Many states have changed Columbus Day to Indigenous Peoples Day. It is a movement that is decades in the making. ICT regular contributor Holly Cook Macarro weighs in on the politics of this name. She is a partner with Spirit Rock Consulting and she’s from the Red Lake Ojibwe nation.

A slice of our Indigenous world

  • The Interior Department has released a progress report sharing how it is tackling climate change. Last week, the agency’s 10-page report said it has made several investments. That includes committing $46 million in appropriations to tribal communities who are already feeling the impacts.
  • A powwow, parade and memorial walk were just a few of the events for Native American Day in Rapid City, South Dakota over the weekend. The arena for the Black Hills Powwow was full with over 15,000 dancers. This year’s parade grand marshal was Jackie Giago, the widow of the late Tim Giago. In 1989, Tim worked with Gov. George Mickelson to create Native American Day. The annual Remembering the Children memorial walk honored 50 children who died while attending the Rapid City Indian Boarding School.
  • In Canada, a Métis mother says a worker at her child’s daycare cut her son’s hair without permission. As a result, Jana Nyland pulled her son out of the daycare center. Here’s APTN’s national news team with the latest.
  • Several tribal nations in the U.S. are getting funding for internet access. The grants are coming from the National Telecommunications and Information Administration, and will provide thousands of people with high-speed broadband. In Alaska, the Kuskokwim region is one of the most underserved groups when it comes to internet connectivity. The Winnebago tribe in Nebraska is also benefiting from the funding. 

Aboriginal Ngarrindjeri elder Major Sumner, shown here in a 2009 photo in traditional regalia, welcomes the return of Australian Indigenous peoples remains from London. Sumner was recognized for lifetime achievement and inducted into the South Australian Environment Hall of Fame in October 2022 for his work. (AP Photo/Lefteris Pitarakis)

Deusdedit Ruhangariyo
Special toICT

Around the world: Canada returns land to Tyendinaga Mohawk Territory, a Ngarrindjeri elder is honored for protecting the environment, Maasai herders lose an eviction claim, Māori women boxers rank at the top of the world, Western Australia government reviews youth offender laws.

CANADA: Minister signs deal to return Mohawk land

The Canadian government has agreed to return nearly 300 acres of disputed lands with $31 million in compensation to the Mohawks of the Bay of Quinte in Ontario, CBC News reported on Oct. 3.

The deal to return the lands to the Tyendinaga Mohawk Territory – marked in a ceremonial signing by Crown-Indigenous Relations Minister Marc Miller – settles part of a bitter dispute over about 900 acres of land now largely held by private owners about 125 miles east of Toronto.

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MBQ Chief Don Maracle told CBC News that the band has offered a financial settlement package to the adjacent town of Deseronto, but he couldn’t offer a timeline about resolving the rest of the claim.

“It’s willing seller, willing buyer,” he said, according to CBC News. “If somebody wants to sell their land, they’ll let us know.”

The disputed land, known as the Culbertson Tract, includes 448 separate parcels of land that cover most of Deseronto.

The deal will now move into the government’s complicated “additions-to-reserve” program that Miller called “morbid” and “broken.”

“The whole process itself is one that is vested in the Indian Act,” he said, according to CBC News.

The land dispute began in 1837 when the government illegally granted about 900 acres of unsurrendered Mohawk territory to John Culbertson, grandson of community founder John Deserontyon, CBC News reported.

AUSTRALIA: Elder honored for environmental work

Elder Major “Moogy” Sumner has been honored with a lifetime achievement award and induction into the South Australian Environment Hall of Fame, National Indigenous Times reported on Oct. 5.

Sumner, a cultural ambassador of traditional culture who has long fought for protection of the environment, was honored at the South Australian Environment Awards.

He has also championed the Ngarrindjeri people and other First Nations people, and campaigned against systems that allowed rivers to be drained and oil and gas drilling in the Great Australian Bight, a bay off the southern coast of Australia, NIT reported.

“Aboriginal people are very patient people, but when we see that things are being done wrong, like they are for the river, we’ve got to come together and say it’s wrong, and do something about it,” Sumner said in a statement on the Hall of Fame website.

Sumner has helped the First Nations people in South Australia, reigniting ceremonial fires along traditional Aboriginal trade routes and reconnecting the area with traditional Ngarrindjeri canoe building.

He is also an artist, with his works covering traditional dance and song, arts and crafts such as wood carving, and martial arts techniques using traditional shields, clubs, boomerangs and spears, NIT reported.

“Caring for country is a profound connection of listening and looking after our environment and people – it is healing for our spirit,” he said, according to CBC News. “We truly are a force of nature – we come from nature. To look after country is to look after community.”

Sumner was one of ten SA Environment Award recipients, five of whom received lifetime achievement awards.

TANZANIA: ‘Shocking blow’ to Indigenous land rights

A Tanzanian court has dismissed a lawsuit filed by Maasai herders who are fighting government efforts to forcibly remove them from their lands to make way for a luxury game reserve, The Guardian reported on Oct. 5.

The herders are appealing the ruling by the East African court of justice, which activists said was a “a shocking blow” to Indigenous land rights, The Guardian reported.

The Maasai say the Tanzanian government is trying to evict them to make way for a United Arab Emirates company to open a game reserve, according to The Guardian.

Donald Deya, lead attorney for the herders and chief executive of the Pan-African Lawyers Union, said the ruling “disregarded the compelling multitude” of evidence presented in court.

The legal fight started in 2017, when residents of four Maasai villages in northern Tanzania went to court to stop the authorities evicting them from about 580 square miles of land in Loliondo, bordering the Serengeti national park. The lands are home to more than 70,000 Maasai.

Oceti Vote Fest — in Rapid City, S.D. on Oct. 22-23.

Lakota Law

I’ll start with a big wopila to all of you who support Lakota Law and help advance our mission to amplify Native concerns. As you well know, representation matters. That’s why we’ve spent years activating Native voters. It’s also why we’ve organized nonstop over recent weeks to create a massive weekend of voter outreach and cultural connection — Oceti Vote Fest — in Rapid City, S.D. on Oct. 22-23. Getting Native people to embrace participation in democracy isn’t always easy — especially given the long history of broken promises to us from the U.S. government — but it makes a big difference for our communities and for Turtle Island as a whole.

Today, let’s talk about representation on a larger scale, and how Native women, in particular, have stepped up to embrace political leadership at a time when we so clearly need them on the national stage. In case they aren’t yet on your radar, I’ll point you to two ascending Indigenous leaders: Rep. Mary Peltola of Alaska and Lynnette Grey Bull of Wyoming.

Lakota LawMary Peltola (left), is Alaska’s first Native congresswoman. Lynnette Grey Bull (right) is running to become Wyoming’s first.

Let’s start with Rep. Peltola, a Yup’ik Alaska Native who — as you can see from her title — is currently serving as her state’s first Indigenous congresswoman. She won Alaska’s sole House seat earlier this year in a ranked choice special election. Both of her opponents, former Vice Presidential candidate Sarah Palin and Nick Begich, whose father and grandfather were both politicians on the national stage, came into the race with far greater name recognition. But thanks to a genuine understanding of the issues and an inclusive and uniquely Alaskan platform of “Fish, Family, and Freedom,” she made history. Now, she’s running for reelection against the same pair.

Lynnette, a candidate for Wyoming’s at-large seat in the U.S. House of Representatives, I know personally. She’s Hunkpapa Lakota (her father is from Standing Rock) and Northern Arapaho (her mother is from the Wind River Reservation). She faces an uphill battle in a traditionally very conservative state. But that hasn’t stopped her from mounting a progressive campaign that highlights issues such as a transition of Wyoming’s energy-based economy to one focused on renewables and addressing the epidemic of Missing and Murdered Indigenous People. Critically, in the wake of the Supreme Court’s decision overturning Roe v. Wade, both Lynnette and Rep. Peltola are also committed to reproductive freedom. Both support codifying a woman’s right to choose what happens with her own body.

Of course, their groundbreaking candidacies follow those mounted by current Kansas congresswoman Sharice Davids (Ho-Chunk Nation) and former New Mexico Congresswoman Deb Haaland (Pueblo of Laguna). In 2018, they became the first two Native women ever elected to the U.S. House of Representatives. Haaland then went on to become the first Native Cabinet secretary in the history of our union when President Biden tapped her to lead the Department of the Interior (after folks like you helped us put the pressure on him).

I have deep respect for all of these hardworking and talented women. And while Lakota Law, as a 501(c)(3) nonprofit, does not endorse candidates or political parties, I will say it’s my personal hope that they will continue to advance their careers and lead this nation forward in the years to come. In the meantime, know that Lakota Law will keep working to make sure all Native people across this country are ready, able, and willing to cast a ballot every election season.

Wopila tanka — my deep gratitude for your friendship and support!.
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

NCAI 79th Annual Convention & Marketplace!

When I was teaching in Sacramento, I took my class to the convention for a field trip. We saw many beautiful items for sale in the marketplace, we got to witness a ceremonial dance. An elder told my class a story. Above all, my students were able to see all the many tribal representatives from all over the state.

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October 13, 2022
Don’t Miss Your Chance to Register for the NCAI 79th Annual Convention & Marketplace!This October, join NCAI in Sacramento, California, for the 79th Annual Convention & Marketplace! Those who attend will have the opportunity to work together to protect and advance tribal sovereignty. Tribal leaders, NCAI members, Native youth, and partners from across Indian Country will gather in person to discuss critical issues, develop strategy, and embark upon a new era of Nation-to-Nation engagement. Additionally, attendees and the general public will be able to browse the NCAI Marketplace, which features a variety of booths ranging from artists, to federal job recruiters, and much more!
Reserve Your Hotel Room for the NCAI 79th Annual Convention & MarketplaceNCAI still has plenty of availability at the Sheraton Grande and Hyatt Regency, both located across the street from the SAFE Credit Union Convention Center. Both hotel rooms are $199 per night, plus tax. To book your sleeping room in NCAI’s discounted hotel block, please contact Carole Holyan at cholyan@zion-e.com or 520-609-5511.
Book Now
Exhibitor Registration Closes SoonThe NCAI Marketplace offers exhibitors a premiere opportunity to interact with tribal leaders, national Native organizations, and other key figures from across Indian Country. Exhibitor registration ends Friday, October 14, 2022. Become an ExhibitorAttend a Pre-Conference WorkshopThis free workshop will provide a walk-through on how individuals and organizations can prepare a Get-Out-the-Vote plan of action for their communities. Participants will engage in discussion about election protection, how to become a poll worker, and much more.Register Now
Become a Member of NCAIAs a membership-driven organization, NCAI strives to represent the many nations, villages, communities, and individuals that make up Indian Country.Join usSponsorship Opportunities AvailableFor more information on sponsorship opportunities to showcase your brand, please contact Keely Purscell, Manager of External Partnerships.Learn More
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The War for Water

Lakota Law

Hello again, and I wish you well on the eve of Indigenous Peoples’ Day! Now seems an appropriate time to examine some history. Until now, our “Water Wars” video series has largely explored the present-day conflict around the Dakota Access pipeline (DAPL). Today, I invite you to watch our tenth chapter — co-produced again by Lakota Law, Standing Rock, and the Great Plains Water Alliance — in which we explore more of what led to this moment in time. This edition highlights the decades of sacrifice forced upon tribal nations as the U.S. government repeatedly flooded our homelands and uprooted us by building dams to block our great relative, the Mni Sose (Missouri River).

Watch me and the great Phyllis Young, Chase Iron Eyes, and others to talk about the long history of sacrifice demanded of Native nations to make way for dams along the Missouri River.

It all started with the passage of the Flood Control Act of 1944, which gave rise to the Pick-Sloan Missouri Basin Program. Pick-Sloan would go on to wreak havoc on tribal nations over the next several decades. The Oahe Dam at Standing Rock was one of seven installed to block the river. Its construction resulted in Lake Oahe, which now sits on the northern border of the Standing Rock reservation. Today, DAPL crosses directly beneath it, posing a direct threat to the water that sustains our people.

Damming the Mni Sose changed our way of life. Before then, my mom, Lakota Law Standing Rock organizer Phyllis Young, vividly recalls living in a paradise in the bottomlands near the river’s edge. But when the verdant area where my family had lived — filled with timberlands, plants, medicines, and wildlife, all gone now — disappeared under water, my mom and many others were forced to move into starker territory with none of the natural bounty they’d always known.

All this loss is real and remembered. But, in the end, it has galvanized our spirit. When, in 2016, DAPL came to our doorstep, we created a movement — which I’m grateful you share. So now, we must stick together for justice and honor the fighting spirit of those who preceded us. In this moment, we can and we will overcome, just as we have so many times before. 

Wopila tanka — my gratitude for your solidarity!
Wašté Win Young
Legal Analyst
The Lakota People’s Law Project

Free Leonard Peltier

AP FILE Leonard Peltier at the U.S. Penitentiary at Leavenworth, Kan. Peltier, Turtle Mountain Band of Chippewa, is how at a prison in Florida and is requesting clemency from President Joe Biden. (Joe Ledford/The Kansas City Star via AP, File)

Mark Trahant
ICT

Leonard Peltier’s name has become a story that reflects other stories. One narrative describes Peltier as America’s longest political prisoner, serving more than 46 years in a federal maximum security prison. In that telling, Peltier has become a humanitarian and a 78-year-old Turtle Mountain elder who has been incarcerated for far too long.

There is a long list of people, tribes and organizations that have called for Peltier’s freedom. The former prosecutor in the case. Members of Congress. Amnesty International USA. Pope John Francis. The Dalai Lama. The National Congress of American Indians. Dozens of tribal nations, including Peltier’s own tribe, the Turtle Mountain Band of Chippewa Indians. And, as of this month, the Democratic National Committee.

That’s one version. A contrary account casts Peltier as the lead character for the crimes committed by the American Indian Movement during the Wounded Knee era, including internal community violence, and he is described as a remorseless murderer.

That last story is still promoted by the Federal Bureau of Investigation on its website. But Peltier is not in prison for murder. The government could not justify a murder case, so it switched gears and today Leonard Peltier is Inmate #89637-132 serving at the United States Penitentiary, Coleman, in central Florida, on charges of “aiding and abetting” the murder of federal officers, plus a seven-year sentence for an escape attempt.

Indeed Peltier has already served a longer sentence than most principals in murder convictions. There is no way to look at the evidence and come away with any conclusion other than Peltier is being punished for crimes that could not be proven beyond a reasonable doubt in a court of law.

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Kevin Sharp is a Nashville attorney, and former U.S. District Court judge, who is representing Peltier pro bono with a petition to President Joe Biden calling for clemency. That petition questions the role of the United States government saying “the FBI redoubled their efforts to secure a conviction,” including dropping other charges, so that the “weight of the Federal Government could be directed against Leonard Peltier.”

One of the problems is that even if guilty, Peltier has overserved.

“He’s overserved any sentence he should have,” Sharp said. “You got your pound of flesh. If that’s what you wanted, you got a guy who was there and you, he’s now 78 years old, and he’s got 46 years behind bars. What else do you want? Except for him to die. And we stopped talking about him that way, but that’s the worst thing that can happen because now you don’t start, stop talking about him. Now you’ve got this guy that you allowed to die in prison. It gets louder, not softer.”

Over the years the government first said Peltier shot the agents. Then later the prosecution switched the story to “we don’t know who killed the agents, but we know Leonard was there,” Sharp said.

“Okay. Congratulations. There were 40 other people there with weapons. There were lots of other people there that day. There were 150 agents there. One of them killed Joe Stuntz, a 21-year-old Native boy. We don’t know who killed him. We know it was one of the agents that they never went to figure it out. So those are the facts that we know. And if that case was tried today, there is no way it stands.”

Sharp said the Peltier’s trial would not stand scrutiny today.

“There aren’t even two sides,” he said. “We know that the witnesses were intimidated. We know that witnesses were threatened. We know that affidavits knowingly false affidavits were submitted to the courts. We know that when the trial took place and the prosecutor said, we only have this one piece of evidence, this shell casing, this ties Leonard to, to this shooting. We know now that they knew that wasn’t true. And we only learned years later after his conviction, that there had been a ballistics test that showed it wasn’t his weapon.”

In the White House petition Sharp argues that Peltier “remains a casualty of this country’s cruel and lawless war against American Indians his continued incarceration, moreover, is a constant reminder to Native communities that they are disposable in the eyes of the U.S. government and unworthy of the most basic protections afforded by our Constitution.”

It’s the failure of basic constitutional protections that power Sharp’s message: He left the federal bench because of what he saw as structural issues in the criminal justice system.

“I was forced because of mandatory minimums to sentence a young man to two life sentences,” Sharp recalled. “It was very frustrating to me because in order to become a federal judge, you’re vetted and investigated by the FBI, vetted and investigated by the White House, the Department of Justice, the Senate Judiciary committee, and they have their own investigators all for one reason … and that’s to satisfy themselves that you have the intellect and the temperament and the judgment to rule on these most important items in our country and that is dealing with somebody’s liberty.”

Sharp sent Chris Young to prison. And that crossed a line for him. So after six years as a federal judge, Sharp shifted gears and set out to defend justice. “That led me to the Trump Oval Office and working with Kim Kardashian to help free this young man. His name was Chris Young … and Chris is free today. We actually were able to secure clemency.”

Associated_Press_Domestic_News_Kansas_United_Stat_99042902236 copy

AP FILE: Leonard Peltier in 1999 at the U.S. Penitentiary at Leavenworth, Kan. (AP Photo/The Kansas City Star, Joe Ledford)

It was in that context that Sharp became interested in Leonard Peltier.

He received a package from Connie Nelson, the former wife of Willie Nelson. “And I sat down with this package and it was the trial transcripts from Leonard’s trial,” he said. “It was newspaper articles, court opinions, photographs, and I just started going through it and I am sucked in.”

Sharp saw holes in the government’s story.

“It was easy for me to see what happened, the misconduct by the prosecutors, by the investigators, the rulings by the court that would never stand today because the standard of review is different. All of that was easy for me,” he said. “What then has sucked me in for years since I first opened that package is the ‘why?’”

Why are there so many constitutional violations? What was going on? What led to this point?

“It was the context. That’s what sucked me into this and has aggravated me, has, you know, made me angry, made me sad, made me confused. ‘What are we doing? And why are we here? And that’s why Leonard Peltier is so important.’ This isn’t about people with guns on Pine Ridge, you know, South Dakota on June 26th, 1975. That’s part of it. But the real story is the why. And as, as one of the courts said in one of the court opinions, the United States government needs to take responsibility for what happened there that day.”

Sharp said there is no way that Peltier’s trial would meet today’s minimum standards of justice.

In 1986 the 8th U.S. Court of Appeals found that the government had failed to disclose evidence favorable to Peltier. This is what’s known as a “Brady violation” and it’s enough to require a new trial. But in Peltier’s case the rule was ignored. The district court “held that the October 2, 1975, teletype, evaluated in the context of the entire record, would not have affected the outcome of the trial and that, therefore, Peltier was not entitled to relief.”

Or consider the story of a self-proclaimed racist juror. Three women in Fargo slipped a note to the trial judge, Paul Benson, that said they were friends with the juror and she told them that she was really prejudiced against Indians. The judge asks her about the statement. “Yep, I said it. But I told you when you were asking me questions that I would set any prejudice I had. I’d be fair.” The judge says, “Thank you very much.” And the trial continued on and Juror Number 10 voted “guilty.”

That fact alone would be enough to reverse a trial.

“If that happened today, he gets a new trial,” Sharp said. “So it’s those things that drive me crazy. When I talk about, look, I, I believe in the Constitution, those are all constitutional violations. We get a new trial.”

The government’s prosecutors changed their theory in 1985 – after Peltier’s conviction. As the prosecutor Lynn Crooks told the appeals court, “we can’t prove who shot those agents.” Thus, Peltier was not actually convicted of murder instead he’s been in prison since 1977 on “adiding and abetting” the murder of federal officers.

Another former prosecutor in the case, James Reynolds, has called for clemency. In a letter to the president, Reynolds wrote that with the benefit of hindsight “I have realized that the prosecution and continued incarceration of Mr. Peltier was and is unjust. We were not able to prove that Mr. Peltier personally committed any offense on the Pine Ridge Reservation.”

One other story told about Peltier is not directly related to his aiding and abetting conviction – and that’s the tie to the Anna Mae Aquash murder investigation. The American Indian Movement at first blamed the FBI for Anna Mae Aquash’s murder in February of 1976. But later information surfaced that she was murdered by AIM because she was suspected of being an informer. Aquash’s family said Peltier was involved and was aware of her killer. Two former AIM members, Arlo Looking Cloud and John Graham, were convicted of killing Aquash.

Sharp points out that Peltier has never been charged in connection with Aquash.

In a statement this week, Thalia Carroll-Cachimuel, executive director of the International Leonard Peltier Defense Committee, said “there has been an extraordinary volume of misinformation spread regarding Leonard Peltier. Leonard Peltier’s conviction and perverse length of his incarceration are emblematic of the racist mistreatment of American Indians by law enforcement that existed throughout Indian Country for decades. If there is evidence that has never before been produced, then we encourage its unveiling if the true motive is justice. If the motive is simply to support Mr. Peltier’s unjust imprisonment, the bar must be set much higher.”

Peltier’s petition for clemency will be up to President Biden. Just this month a resolution enacted by the Democratic National Committee said the party’s platform already says the president should use clemency “to secure the release of those serving unduly long sentences.”

And, in Peltier’s case, “given the overwhelming support for clemency, the constitutional due process issues underlying Mr. Peltier’s prosecution, his status as an elderly inmate, and that he is an American Indian, who suffer from greater rates of health disparities and severe underlying health conditions, Mr. Peltier is a good candidate to be granted mercy and leniency; and … it is highly appropriate that consideration of clemency for Mr. Peltier be prioritized and expedited, so that Mr. Peltier can return to his family and live his final years among his people.”

Peltier’s petition says the time for clemency is now because his health is fading. “Leonard suffers from a variety of ailments, including kidney disease, Type 2 diabetes, high blood pressure, a heart condition, bone spurs in his feet, a degenerative joint disease, constant shortness of breath and dizziness, and painful injuries to his jaw. A stroke in 1986 left Leonard virtually blind in one eye,” the clemency petition says. “Prison doctors advised Leonard that the condition required surgery, but the maximum-security prison where he is incarcerated does not have the capacity to treat the condition. Leonard’s physical condition is dire, and he cannot physically defend himself in prison, let alone threaten anyone with harm.”

North Dakota state Rep. Ruth Buffalo, Mandan Hidatsa Arikara, brought the resolution forward at the September DNC meeting. She said it started with a coordinated message from a variety of state legislators and the North Dakota Democratic–Nonpartisan League Party. That was followed by a similar call from the Native American caucus of Native American state legislators. All that built toward the DNC resolution.

Buffalo represents Fargo in the legislature, the city where Peltier’s trial originally took place. She said has heard from constituents “regardless of party affiliation” supporting clemency because of the constitutional violations.

“One thing that has kept us going is so many of us unfortunately have relatives and loved ones who are currently in the criminal justice system or who have thankfully made it out of serving time behind bars,” she said. And so Peltier’s long prison time is “something an issue that definitely hits home for many of us.”

She said Peltier should come home.

“I know there’s so many people who have been praying since the seventies for Leonard’s release,” Buffalo said. “And so we know that there’s many grandmas and elder women at Turtle Mountain who pray for Leonard on a daily basis.”

This whole case is a reflection of injustice, she said, and it must be resolved in order to heal communities. She said: “Leonard’s release is one sure way to make sure that we are on a path towards healing.”

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Mark Trahant, Shoshone-Bannock, is ICT’s editor-at-large. On Twitter: @TrahantReports Trahant is based in Phoenix. The Indigenous Economics Project is funded with a major grant from the Bay and Paul Foundations. 

The Doctrine of Discovery Discussion

Lakota Law

Lakota Law livestreams are back, y’all! Continuing in the tradition of “Cut to the Chase,” I’m organizing informative panels hosted by our Lakota leaders and featuring Indigenous guests from across Turtle Island and beyond. Co-produced by Indigenous Peoples Movement and Last Real Indians, “In Critical Times” streams will be available to view live or later on social media, and they take place every other Wednesday at 7 p.m. Eastern. This week, we had a trio of great guests join host Chase Iron Eyes for a deep dive on the Doctrine of Discovery. I encourage you to watch the whole discussion here!

A discussion on the Doctrine of Discovery

Click the pic to watch this informative discussion led by Lakota Law’s Chase Iron Eyes.

Our guest experts for this episode — Shawnee/Lenape scholar Steven Newcomb, Indigenous Peoples Movement co-founder Jen Martel, and Sicangu Lakota Treaty Council Executive Director Phil Two Eagle — really brought some fantastic perspective on the Doctrine, which forms the horrifyingly racist underpinning for the Christian colonial world’s justification for expanding into Indigenous territory.

The Doctrine, which stems from a papal bull written in the late 1400s, argued that Christian monarchies should be able to subdue non-Christian lands, at will, under divine right. The fact that this dangerous foolishness still influences public international law and Federal Indian Law should disturb every one of us. This 84-minute conversation is well worth the watch — all the way through. I think you’ll likely learn some new things and understand even more deeply why your friendship means so much to us.

Shonabish Chi — thank you for tuning in!
Earth Hadjo
Online Events Coordinator
The Lakota People’s Law Project

National Voter Registration Act Win!

Lakota Law

As we near this year’s midterm elections in November, I’m pleased to report that good things are happening that bode well for Native participation in our democracy. If you’ve been following us for a bit, you may recall that the Lakota People’s Law Project has been participating as a plaintiff in a landmark lawsuit against the State of South Dakota for its repeated noncompliance with the National Voter Registration Act (NVRA, also sometimes called the “motor voter” law). A while back, we let you know we were close to a settlement that would make access to voting much easier for residents — especially Native People — in South Dakota. Today, I’m happy to announce that we’ve won! The case is officially closed, and we achieved everything we set out to do. You can check out the article in Native News Online right here.

Click above to read the story in Native News Online.

As the news story above indicates, voters all across South Dakota (but especially Native People, who have been disproportionately affected by the state’s violations of federal law) will greatly benefit from the settlement. The Federal Court found that, among other violations, South Dakota failed to automatically update voter registration addresses of voters who change their driver’s license address; refused to provide voter registration services to individuals who lack an existing driver’s license number or Social Security number; failed to forward completed voter registration applications to county election officials in a timely way; didn’t properly train state employees or conduct internal oversight sufficient to ensure NVRA compliance; and failed to ensure that driver’s license “issue sites” — common in Indian Country and other rural areas in South Dakota — provide voter registration services.

The settlement ensures that, over the next three years, South Dakota will implement policies and practices to fully comply with the NVRA. Among the key elements are a provision that the state designate a statewide NVRA coordinator to oversee compliance with the law by all relevant state agencies. It also mandates that the state develop a comprehensive NVRA curriculum to provide annual training to county election officials, employees of driver’s license offices, and public assistance agency workers on their voter registration responsibilities. Importantly to South Dakota’s Native residents, the state must also amend its voter registration application form to allow voters without a postal address to provide a description of the physical location of their residence.

Thanks to this lawsuit, over the coming years, Native People in South Dakota should be given a fair shake at election time. That will be crucial in building the change we want to see. So now, it’s time to make sure my relatives exercise their right to vote. And on that note, I’m very excited to announce that Lakota Law’s 2022 Native vote campaign is just about ready to launch! Keep an eye on your email next week, because we have a big announcement coming your way. We think you’ll be as excited about it as we are. Please stay tuned!

Wopila tanka — thank you, always, for standing up for Indigenous rights.
Wašté Win Young
Legal Analyst
The Lakota People’s Law Project

Lakota People's Law Project

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Wounded Knee National Historic Landmark

The Wounded Knee Memorial and cemetery, shown here in a 2018 file photo, marks the site where more than 250 Lakota men, women and children were massacred by U.S. soldiers in 1890 in South Dakota. The memorial land was already owned by the Oglala Sioux Tribe, but the tribal council voted Sept. 7, 2022, to join with the Cheyenne River Sioux to buy the remaining 40-acre parcel of the historic landmark from a non-Native owner. (Photo by Mary Annette Pember/Indian Country Today)

Mary Annette Pember
ICT

It was the last resolution of the day but it was a stunner.

The Oglala Sioux tribal council voted in an historic decision Sept. 7 to purchase 40 acres of Wounded Knee land from Jeanette Czywczynski for $500,000 – a move that now puts the entire Wounded Knee National Historic Landmark site under ownership of the Oglala Sioux.

Sold for far less than the $3.9 million price demanded by her now-deceased husband, James Czywczynski, the land now includes a covenant to preserve it as a sacred site and memorial without commercial development.

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The vote passed with 15 members voting yes, three voting no and one member not voting. Those opposing the resolution expressed concern over allowing the Cheyenne River Sioux tribe 49 percent ownership of the land.

“Our tribes have come together through war and times of need. It’s not just our relatives buried there (on Wounded Knee land),” said council member Julian Spotted Bear, who supported the purchase.

According to the resolution, the Oglala Sioux tribe will pay $255,000 and the Cheyenne River Sioux tribe will pay $245,000 for the site, and agree to petition the U.S. Department of the Interior to take the land into trust on behalf of both tribes. The title to the land will be held in the name of the Oglala Sioux tribe.

The Cheyenne River Sioux Tribe made the decision to participate in the purchase about a week ago, according to Chairman Harold Frazier.

“Many of those massacred at Wounded Knee were from the Minneconjou band on Cheyenne River,” Frazier said. 

“When I heard about it, I said, ‘We have to buy it; let’s buy it. That’s our ancestors’ resting place. We need to respect them,'” he said.

The agreement ends a decades-long dispute over land that is the site of the historic Wounded Knee massacre of 1890 in which hundreds of Lakota men, women and children were killed by U.S. soldiers of the 7th cavalry using machine guns in an attempt to suppress the Ghost Dance, a Lakota religious movement. Victims were buried in a mass grave in a nearby Catholic cemetery.

American Indian Movement co-founder Clyde Bellecourt, second from the right, joins in a solemn moment observed before the signing of a statement ending the bloody standoff between federal forces and the AIM members at Wounded Knee, South Dakota, on April 5, 1973. From left are: Russell Means, AIM leader; Kent Frizzell, U.S. assistant attorney general; Chief Tom Bad Cobb and AIM leaders Pedro Bisonette and Carter Camp. (AP Photo/Jim Mone)

American Indian Movement leaders join in a solemn moment in 1973 just before the signing of a statement ending the bloody standoff between federal forces and the AIM members at Wounded Knee, South Dakota. (AP File Photo/Jim Mone)

The property, which includes a portion of the Wounded Knee National Historic Landmark, has become a potent, painful reminder of brutal federal violence used to suppress Indigenous peoples.

Jeanette Czywczynski became sole owner of the property after her husband, James, died in 2019. James Czywczynski purchased the property in 1968.

The Czywczynski family operated a trading post and museum there until 1973, when American Indian Movement protesters occupied the site, destroying both the post and Czywczynski’s home.

The family moved away from the area and put the land up for sale, asking $3.9 million for the 40-acre parcel nearest the massacre site. The land, including an additional adjacent 40-acre plot, had been assessed at $14,000.

The issue of Wounded Knee ownership became a national symbol of a century of unscrupulous treatment of Native people by the U.S. government and non-Natives.

For a time, Czywczynski toyed with the idea of partnering with developers to build a motel and gas station near the site. He later offered the land to the Oglala Sioux tribe for sale but grew bitter and frustrated over negotiations.

Some tribal members wanted to develop the site for commercial purposes and some opposed such a plan, maintaining that it should be shielded from development and maintained as a sacred site.

In 2013, film star Johnny Depp announced a plan to buy the property and donate it to the Oglala Sioux tribe. Depp, who played the role of Tonto in a remake of the film, “The Lone Ranger,” was criticized for trying to capitalize on the film and for his misappropriation of Native culture. He was also criticized for making unsubstantiated claims of having Native ancestry. Depp did not follow through on the purchase.

In 2016, Lakota journalist Tim Giago, founder of Indian Country Today, announced plans to purchase the Wounded Knee land for $3.9 million and went to work fundraising the purchase price.

Giago, who grew up in the town of Wounded Knee, said he wanted to put the land into trust for the entire Sioux Nation. Giago’s plans, however, fell through. He died in July 2022 at age 88.

The Oglala Sioux tribe already owned the land containing the Wounded Knee cemetery and mass grave of the 1890 massacre victims. Red Cloud Indian School recently returned about one acre of land to the tribe where Sacred Heart Church once stood.

Leaders from  the Oglala Sioux tribe did not respond to ICT’s request for comment. ICT was unable to reach Jeannette Czywczynski.

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Oglala SiouxLand DisputeHistoric LandmarkCheyenne River SiouxWounded KneeAmerican Indian Movement

Mary Annette Pember

By

Mary Annette Pember

Mary Annette Pember, a citizen of the Red Cliff Ojibwe tribe, is a national correspondent for ICT.

Let’s Green CA! Call to Action

Lakota Law

One in six children in California’s Central Valley have asthma. It’s a clear environmental injustice, one that our sister program, Let’s Green CA!, is working hard to correct. Now, they’re on the doorstep of a big win.

Earlier this year, Let’s Green CA! partnered with legendary activist Dolores Huerta and her foundation to reduce toxic air pollution and cut greenhouse gas emissions by increasing access to clean cars. And the great news is that their clean car equity bill, SB 1230, just passed the California State Assembly; it will soon head to Governor Newsom’s desk for his signature. Today, I invite you to take a look at Let’s Green CA’s new video, which examines the human impact of toxic air pollution in California’s Central Valley, then send a message to Gov. Newsom in support of SB 1230. Newsom’s signature is the last step on SB 1230’s journey to becoming law, so it’s time to rally together and get this done!

Click the image to watch LGCA’s new video (featuring the one and only Dolores Huerta) and take action for clean air.

Toxic air pollution is making children and families sick, and the climate crisis only exacerbates this injustice. The Let’s Green CA! team understands that climate action is one of the best ways we can protect frontline communities — and all communities. So I encourage you to send your message to the governor and stand in solidarity in this fight for environmental justice today.

Wopila — my thanks for your awareness and action.
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

P.S. I’m proud of my colleagues at Let’s Green CA! Help push their bill across the finish line by urging Governor Newsom to sign SB 1230 into law today.

The Black Hills: A Call to Action

Lakota Law
NEPA Project – Link to Doc

As we all find ways to escape the summer heat, I want you to look at the picture below. That’s Jenny Gulch at Pactola Lake, one of the most beautiful spots in the sacred He Sapa — known to settlers as the Black Hills of South Dakota. The people of the Oceti Sakowin were this land’s original stewards and protectors. But, because the federal government won’t adhere to the treaties it made with us, these pristine headwaters of the Rapid Creek watershed are now controlled by the National Forest Service. And instead of protecting this sensitive ecosystem, that agency is accepting mining applications and permitting dangerous, toxic drilling. 

Fortunately, the Oglala Nation and others who care about our homelands are pushing back. So, today, I ask you to sign onto my tribe’s call and send a message to the Forest Service demanding they stop the Jenny Gulch Gold Exploration Drilling Project

Jenny Gulch is one of South Dakota’s natural gems. This beautiful spot at the Rapid Creek headwaters in the sacred He Sapa should never be defaced and polluted by miners.

Fortunately, the Forest Service doesn’t just get to rubber stamp their approval on this one. The public comment period is open for another few weeks, and we need to make all the noise we can. We’re not alone in this fight. As I wrote to you a couple months back, just like the Oglala Nation, the good people of the Black Hills Clean Water Alliance are working overtime to raise awareness. Even the City Council for Rapid City voted to pass a resolution in opposition to the Forest Service’s finding of no significant environmental impact at Jenny Gulch.

No significant impact? The history of mining and exploration in the Black Hills tells a very different story. Mining here over the past seven decades created the need for four separate toxic Superfund sites — polluted locations which require a long-term response to clean up contamination from hazardous materials including arsenic, mercury, and cyanide. About $100 million of public money has already been spent to try and fix just one of those sites, with no end in sight.

So I hope you’ll get to know more about mining in the Black Hills, join the Oglala Nation’s call (and ours), and share all this information with your family and friends. It’s going to take pushback from all quarters to stop the new gold rush in the sacred He Sapa, but it’s worth every second of our time to do so. Because I think you’ll agree: We have to protect Unci Maka, our Grandmother Earth, and some things are worth more than gold.

Wopila tanka — thank you for protecting our homelands!
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

Red Cloud Indian School will dig for graves

Stairs lead down to the basement of Drexel Hall on the campus of Red Cloud Indian School on the Pine Ridge reservation in South Dakota, where officials are set to begin excavation in October 2022 to search for unmarked graves. A search with ground-penetrating radar in the basement was inconclusive as to whether graves might be there. (Photo by Mary Annette Pember/ICT)

WARNING: This story contains disturbing details about residential and boarding schools. If you are feeling triggered, here is a resource list for trauma responses from the National Native American Boarding School Healing Coalition in the U.S. In Canada, the National Indian Residential School Crisis Hotline can be reached at 1-866-925-4419.

Mary Annette Pember
ICT

Leaders at the Red Cloud Indian School on the Pine Ridge Reservation have announced they will dig up a portion of the basement in a former school dormitory in search of unmarked graves.

The announcement came after a search with ground-penetrating radar in May was inconclusive about whether remains might be under what is now a concrete slab in a corner of the large basement.

A report on the testing said the ground-penetrating radar failed to show a definitive presence of graves, but that a final determination could only be determined through excavation.

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The excavation is part of what the school calls its own search for truth and reconciliation as the U.S. and Canada continue to search for unmarked graves at former Indian residential or boarding schools.

“We are committed to the process of being transparent,” said Maka Black Elk, executive director for Truth and Healing at Red Cloud Indian School. Black Elk is a citizen of the Oglala Lakota tribe.

“We will investigate places that have been identified by eyewitness testimony (of the presence of graves),” Black Elk said.

Drexel Hall, a former dormitory on the Red Cloud Indian School campus on the Pine Ridge reservation, is more than 100 years old. School leaders will begin excavation of a corner of the basement in October 2022 to search for unmarked graves after ground-penetrating radar was inconclusive. (Photo by Mary Annette Pember/ICT)

Drexel Hall, a former dormitory on the Red Cloud Indian School campus on the Pine Ridge reservation, is more than 100 years old. School leaders will begin excavation of a corner of the basement in October 2022 to search for unmarked graves after ground-penetrating radar was inconclusive. (Photo by Mary Annette Pember/ICT)

In May, Marsha Small, Northern Cheyenne, and technicians from Ohio Valley Archaeology Inc. used ground-penetrating radar to conduct an analysis of the front lawn of the school as well as an area in the basement of Drexel Hall, a former student dorm.

According to the radar report, there were no indications of graves in the area of the school’s lawn.

‘Horrific truths’

Rumors of unmarked graves and missing students have circulated in the Pine Ridge community for years but have seldom included eyewitness testimony, until now.

A former worker at the school came forward recently to report he had seen what looked like small graves in the basement in the 1990s – with small crosses marking each one.

“These stories are rooted in horrific truths of the broader boarding school past,” Black Elk said.

Red Cloud Indian School was originally opened as Holy Rosary Mission in 1888 by Jesuits, a Catholic order of priests. The name was changed to Red Cloud in 1969. In 1980, the school ceased offering boarding and now functions as a day school serving about 600 students.

Red Cloud now operates as a nonprofit organization describing itself as “a Lakota Jesuit Catholic Institution administered by the Jesuits and Lakota people.”

Unlike discoveries of unmarked graves at Canada’s Indian residential schools, however, where hundreds of bodies have been discovered at several former school sites, the allegations of graves in the basement of Drexel Hall raise more sinister concerns.

Drexel Hall was built more than 100 years ago, serving first as a student dorm and later as a convent for nuns who worked at the school. Today, the building houses offices for school staff and the Heritage Center, an art gallery and gift shop.

Marsha Small and technicians from Ohio Valley Archaeology Inc. use ground penetrating radar to scan the basement of Drexel Hall on the Red Cloud Indian School campus in May 2022. Officials decided to dig up the concrete and excavate the area after radar findings were inconclusive about whether unmarked graves may be underneath. (Photo by Mary Annette Pember/ICT)

Marsha Small and technicians from Ohio Valley Archaeology Inc. use ground penetrating radar to scan the basement of Drexel Hall on the Red Cloud Indian School campus in May 2022. Officials decided to dig up the concrete and excavate the area after radar findings were inconclusive about whether unmarked graves may be underneath. (Photo by Mary Annette Pember/ICT)

“Red Cloud wasn’t a boarding school in the 1990s when the graves were first discovered, so we will be involving law enforcement in addition to members of the community when we excavate the area,” Black Elk said.

“This is a hard conversation for our community to have,” he said. “If our GPR work helps open the door to those conversations, then hopefully that leads people to healing.”

‘Mitigating damage’

Not everyone in the Pine Ridge community is confident in the school’s show of transparency.

Dusty Lee Nelson, of the Oglala Lakota tribe, describes the school’s truth and healing efforts as a charade, saying that letting the Catholic Church and Red Cloud lead its own investigations into wrongdoing is the opposite of transparency.

“It’s all about mitigating damage control,” she said.

She said most efforts have been focused on a small group of Lakota Catholics.

On Aug. 16, for example, Jesuit Father General Arturo Sosa visited the school, but his presence was not widely publicized in the community.

Sosa, whose office is in Rome, is the leader of the Society of Jesus, the largest religious order of priests and brothers in the Catholic Church. Red Cloud was founded by Jesuit priests, as was St. Francis Indian School on the Rosebud Reservation. St. Francis has been tribally controlled since 1979.

During his visit, Sosa presented an apology.

“On behalf of the Society of Jesus, I apologize for the ways in which St. Francis and Holy Rosary Missions and boarding schools were for decades complicit in the U.S. government’s reprehensible assimilation policies, trying to eradicate your culture,” he said. “I ask for your forgiveness for that and for any other abuses that your ancestors may have suffered.”

In response to ICT’s inquiry about why the broader community was not notified of Sosa’s visit, Black Elk said, “I think the feeling was to keep his visit intimate. So we informed our community and parents. But didn’t do anything big with press.”

A video of Sosa speaking at Red Cloud was posted on the school’s website shortly after ICT inquired about the visit.

Sosa promised to take demands from leadership of both the Oglala Lakota and Rosebud Sioux tribes for the Catholic church to rescind the Doctrine of Discovery to Pope Francis. The letter, signed by Kevin Killer, president of the Oglala Sioux Tribe, was posted on the tribe’s Facebook page.

Demands have escalated in recent months to rescind the doctrine, a foundational document guiding Catholic and Christian occupation of the Americas. The doctrine is composed of bulls or orders handed down in the 1400s by Catholic popes authorizing agents of European monarchs to dominate Indigenous lands and people by any means necessary. The doctrine helped shape the entirety of the White settler relationship with Indigenous peoples in the Americas and is the genesis of U.S. federal Indian law.

But the issue is dividing the community. Since speaking out publicly about Red Cloud’s truth and healing efforts, Nelson said she has become a target for community members who disagree with her.

“I’m tired of being the one to say things,” she said. “God bless the [Indigenous Youth Council]. They are organizing and approaching these issues. Activism has been demonized here.”

Looking ahead

School leaders said in a statement posted to the school website that the next round of work in the Drexel Hall basement is set for this fall.

“We will be working again with Marsha Small and OVAI to follow their recommendations,” the statement said.

“The removal of concrete and excavation will take place in October 2022 where law enforcement, spiritual advisors and the community member who brought forward the testimony will be present.”

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Mary Annette Pember

By

Mary Annette Pember

Mary Annette Pember, a citizen of the Red Cliff Ojibwe tribe, is a national correspondent for ICT.

Your Voice Will Be Critical: NODAPL

Lakota Law

A couple weeks back, I was honored to join a delegation to Washington, D.C. led by Standing Rock Chairwoman Janet Alkire. We met with congressional reps and other decision makers to inspire action to stop the Dakota Access pipeline (DAPL). As the pipeline’s legally mandated Environmental Impact Statement (EIS) continues to stall despite the clear and present danger to Standing Rock and the Mni Sose — the Missouri River — this was mission critical. You can click here to watch our latest Water Wars video, produced in conjunction with Standing Rock, the Oceti Sakowin, and the Great Plains Water Alliance, which highlights our productive meeting with Rep. Rashida Tlaib (D-Mich.).

Watch: I joined Standing Rock Chairwoman Janet Alkire (right) for her delegation to Washington, D.C. We had several excellent conversations about DAPL, including one with Rep. Rashida Tlaib (left).

You may recall that, in 2021, members of the Squad — progressive millennial women leaders in the U.S. House of Representatives including Tlaib, AOC, Ayanna Pressley, Cori Bush, and Ilhan Omar — joined us and other Indigenous justice leaders in Minnesota to combat the Line 3 pipeline. And, of course, in 2017 AOC visited Standing Rock to take part in the #NoDAPL resistance, inspiring her run for Congress. These true leaders recognize the dangers of pipelines and care about what happens to us. Their support remains critical, but frankly it isn’t enough. We need other lawmakers and the executive branch to recognize DAPL’s danger and help us stop the oil before it spills and creates an emergency for our people.

As we pointed out during our meetings in D.C., the Army Corps of Engineers has repeatedly failed to provide Standing Rock with an adequate emergency response plan for DAPL. It has only shared a redacted version, which prevents us from planning on our own. This is particularly concerning now, because extremely low water levels in the Mni Sose have made accessing potential leak sites a logistical nightmare. We pray that something will be done before it’s too late.

In the meantime, please take a few minutes to watch our video and stay ready to take action. Eventually, the Corps will have to release its sham EIS. When it does, your voice will be critical. The public comment period will offer us an opportunity to stand strong together — again — for the water, for the people, and for our future.

Wopila tanka — thank you, as ever, for standing with Standing Rock and the Oceti Sakowin.
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Should Rescind the Doctrine of Discovery: Vigilance Needed

The Newsletter
  It’s been quite a week here at Pine Ridge. Last Tuesday, our Tribal Council temporarily suspended Christian missionary work within the Oglala Nation’s boundaries after the distribution of an offensive brochure which labeled Tunkasila, our Creator, as a “demon idol.” 

This hideous brochure was handed out to Oglala youth at the Pine Ridge Nation. Once our Tribal Council was alerted, it took emergency action by passing an ordinance (since rescinded) banning all missionary work on our reservation. The ordinance was rescinded a few days later, mainly because folks had events — such as weddings and funerals — scheduled. Still, previous law requiring review and registration of religious entities will now be enforced with greater vigor, and my community is once again reckoning with the living history of colonization, particularly by western faith organizations.  As you probably know, our relationship as Native People to the Catholic Church is long and, for the most part, horrific. To this day, Federal Indian Law still cites the Doctrine of Discovery — which originated in the Catholic Church in the 1490s — as a justification for our subjugation. For five centuries, European powers “discovered” and colonized Indigenous lands using the legal argument that, because Christians didn’t yet inhabit them, those lands were fair game.   Of course, we all know what happened in the wake of this colonization: forced migrations, broken treaties, the Indian boarding school era, and the continued taking of our children by state agencies. And last week, while Pine Ridge was confronting yet another manifestation of the colonial mindset, Pope Francis took a trip to Canada to apologize for the Church’s role in the boarding school era — later even acknowledging it as genocide. I, for one, am happy to see progress; but I’ll be happier when he rescinds the Doctrine of Discovery. 
Pope Francis dons a ceremonial warbonnet during his apology tour in so-called Canada. Ugh. Photo from the AP. Obviously, we still have a long way to go and many truths to tell before we, as Native peoples, can heal from the generational trauma inflicted by centuries of colonization. It’s going to have to be one step at a time. In the meantime, I’m proud of my friends — the activists who brought their concerns to the attention of our Tribal Council at Pine Ridge. I actually helped to establish the Oglala Lakota chapter of the International Indigenous Youth Council, which spearheaded that organizing.   I’m hopeful that we can move forward with better understanding. Churches will now have to register with the Oglala Sioux Tribe, and existing religious establishments will have until Oct. 24 to clear their activities with the Tribal Council. It’s a start. Wopila tanka — thank you for your understanding and solidarity.
DeCora Hawk
Field OrganizerThe Lakota People’s Law Project Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

Reconciliation?

https://indiancountrytoday.com/news/papal-visit-its-going-to-take-a-long-time

Miles Morrisseau
ICT

MASKWACIS, Alberta, Canada — Mavis LongJohn sat with her sister at the top of the arbor bleachers where just moments earlier Pope Francis had offered apologies for the Catholic Church’s role in Canada’s residential school system.

The crowd was dispersing quickly as the Pope’s helicopter disappeared into the overcast sky on its way back to Edmonton.

LongJohn had traveled from Sturgeon Lake First Nation in Saskatchewan to Maskwacis First Nation as part of her own healing journey. She went to the St. Michael’s Indian Residential School in Duck Lake, Saskatchewan, and she carries not only her own story but those of her parents and her late sister.

“I cried,” she told ICT about hearing the Pope’s apology. “I was looking down on the ground because my deceased parents were residential school survivors as well. I had an older sister who passed away in 1996, who is not able to hear what the pope has said. My mom passed away two weeks ago — she was 91 — and she was unable to experience this event, but hopefully she is looking down from the spirit world.”

Read more:
Apology at last in Canada
Pressure mounts for papal apology
Pope takes first step toward apology

The Pope’s apology drew applause from the thousands of people gathered Monday at Maskwacis on the site of the former Ermineskin Indian Residential School, but it also drew tears among many in the crowd.

For some, the apology was not enough for the generations lost to the trauma of residential schools, some of whom remain in unmarked graves on school grounds. For others, it was a start toward healing that would begin with forgiveness.

“I am deeply sorry,” the Pope said Monday, in his first visit to Indigenous lands in Canada. “In the face of this deplorable evil, the church kneels before God and implores his forgiveness for the sins of her children.”

The Pope also acknowledged that his apology – and his recounting of the harsh conditions and abuse many of the students suffered after being forced from their families to attend school – would stir bad memories.

“The memory of those children is indeed painful,” he said. “We want to walk together, to pray together, to work together, so that the sufferings of the past can lead to a future of justice, healing and reconciliation.”

He continued, “It is necessary to remember how the policies of assimilation … were devastating for the peoples of these lands,” he said, citing the “physical, verbal, psychological and spiritual abuse” of the children.

Wilton Littlechild, a Cree chief who served as grand chief of the Confederacy of the Treaty Six First Nations who served as a member of Canada's Truth and Reconciliation Commission, said the apology was important for many residential school survivors like him. (Photo by Miles Morrisseau/ICT)

Wilton Littlechild, a Cree chief who served as grand chief of the Confederacy of the Treaty Six First Nations who served as a member of Canada’s Truth and Reconciliation Commission, said the apology was important for many residential school survivors like him. (Photo by Miles Morrisseau/ICT)

Wilton Littlechild, a Cree chief who served as grand chief of the Confederacy of the Treaty Six First Nations and who is a residential school survivor, heard testimony from hundreds of survivors while serving as a member of Canada’s Truth and Reconciliation Commission.

For many, he said, the apology mattered.

“This is the been a journey for many Indigenous peoples who wanted to see this day happen, in tears, sometimes in anger, who said to me, ‘I just want to hear three words from the Pope in front of me, ‘I am sorry,” for what happened to me as a child,” Littlechild told ICT.

“I was just following their instructions all these years making sure he made that commitment. And sure enough, here we are.”

‘Pain and remorse’

More than 150,000 Indigenous children in Canada were taken from their families and forced to attend government-funded schools in an effort to isolate them from their families, traditions and language.

The Catholic Church’s missionaries operated more than 60 percent of the 139 residential schools in Canada that received government funds, and more than one-fourth of the more than 400 board schools in the United States. Thousands more attended church-run schools.

The schools were designed to assimilate the children into mainstream society, so their hair was cut, they were beaten for speaking their language, and they often suffered physical or sexual abuse. Many of them died at school, never to return home.

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In 2008, Canada issued a formal apology for its role in operating the residential schools, and formed a Truth and Reconciliation Commission to create a historical record of the history and enduring trauma. The commission’s harshly worded report issued in 2015 concluded the school system amounted to cultural genocide.

Two Spirits

Two Spirits, One Heart, Five Genders

The commission was part of the $1.9 billion Indian Residential Schools Settlement Agreement reached in 2006 between the government and 86,000 Indigenous people who attended the schools as children between 1870 and 1997.

The push for an apology intensified in May 2021 with the discovery of 215 remains of children in unmarked graves around the Kamloops Indian Residential School in British Columbia. The finding set off a search for additional graves across Canada and the United States that is ongoing.

The Pope’s apology Monday came after a delegation of survivors, elders, knowledge keepers and youths met with him in April at the Vatican. He made several references in his speech Monday to the meeting, which he said revived his own “deep sense of pain and remorse” over the brutal school system.

It was then he launched six-day “penitential pilgrimage” that will take him to the homelands of Canada’s three Indigenous communities — First Nations, Métis and Inuit.

Long-awaited recognition

The long-awaited apology, however, brought renewed calls for reconciliation and reparations for the wrongs that were done.

Three national Indigenous leaders held a news conference after the Pope’s speech to call for maintaining a unified front in dealing with the boarding school history.

“When we were in Rome, we demonstrated that unity and how we can work together on something that has impacted all of our families and communities,” said Métis National Council President Cassiday Caron.

Three national Indigenous leaders held a news conference after the Pope’s speech to call for maintaining a unified front in dealing with the boarding school history. They are, from left, Assembly of First Nations National Chief RoseAnne Archibald; Métis National Council President Cassiday Caron; and Natan Obed, national president of the Inuit Tapirit Kanatami. (Photo by Miles Morrisseau/ICT)

Three national Indigenous leaders held a news conference after the Pope’s speech to call for maintaining a unified front in dealing with the boarding school history. They are, from left, Assembly of First Nations National Chief RoseAnne Archibald; Métis National Council President Cassiday Caron; and Natan Obed, national president of the Inuit Tapirit Kanatami. (Photo by Miles Morrisseau/ICT)

Natan Obed, national president of the Inuit Tapirit Kanatami, was among the estimated 65-70 Inuits who made the journey to Maskwacis.

“I appreciated the remarks for being comprehensive and the sincerity that the remarks were given really resonated with me,” he said. “I hope that others felt that as well. But also, the understanding that this was about taking away our cultures, our languages, ripping families apart, there was a place for that in the speech and the recognition that that happened.”

Assembly of First Nations National Chief RoseAnne Archibald was disappointed the Pope did not renounce the Doctrine of Discovery, which has allowed nations to usurp tribal lands as “discoveries.”

She said she did not hear the apology that she and others had wanted to hear.

“I didn’t hear him specifically say that he was apologizing and saying, ‘I’m sorry,’ on behalf of the Catholic Church,” Archibald said. “He talked again about evils committed by Christians, he talked about being out of sync with the teachings of Jesus, but I didn’t hear it clearly… I really was hoping that those words would come out, that ‘I am sorry for what the Catholic Church as an institution has done to destroy your communities and your families,’ and I didn’t hear that.”

She continued, “I know that this today is about forgiveness for some people and there are people have come with that love and forgiveness in their arms, and there are other people who just don’t feel like we quite got there today. I’m one of those people.”

Looking ahead

The focus now appears to be shifting to what comes next.

The National Congress of American Indians, a nonprofit that advocates on behalf of tribal governments and communities, issued an open letter to the Pope calling on the church to release records that could help identify the children who attended, including those who died, and make a similar pilgrimage to the United States.

“The Catholic Church holds important records about Federal Indian boarding schools that can help bring the truth to light,” wrote NCAI President Fawn Sharp. “We cannot hold abusers accountable, seek redress for harm or reconcile with the Church, government institutions, and in some cases, our own communities and families, until we know the full, unadulterated truth – truth the Catholic Church is actively withholding. It is crucial we have church support and partnership in working to bring the truth to light.”

Sandi Harper, of Saskatoon, Saskatchewan, who attended the papal event in honor of her late mother, a former residential school student, said healing will take time. Some Indigenous people are not yet ready for reconciliation.

“It’s something that is needed, not only for people to hear but for the church to be accountable,” she said. “We just need to give people the time to heal. It’s going to take a long time.”

The Pope finished his day greeting followers at the Sacred Heart Church of the First Peoples in Edmonton.

This article contains material from The Associated Press.

Help Protect the Indian Child Welfare Act (ICWA)

Lakota Law

Earlier this week, I wrote to you about the exciting progress we’re making with my grandmothers’ group toward creating a tribally-run Child Welfare Department here at the Cheyenne River Nation. I also mentioned that our legal team was on the verge of completing the draft of an amicus brief for the Supreme Court that will help protect the Indian Child Welfare Act (ICWA), a federal law that keeps Native foster children in Native homes. Today, I’m happy to report that our draft brief has been completed and submitted for feedback to partner organizations who are part of the Tribal Supreme Court Project.

Protecting ICWA at the Supreme Court level goes hand-in-hand with my work to keep our children within kinship circles in my community.

Winning justice for our next generations and expanding tribal sovereignty will depend on a coordinated approach. Because ICWA’s fate will be determined by a dangerously conservative Supreme Court, our legal arguments must be well-measured and synced with our partners. Additionally, our work inside the courtroom must be paired with a continued focus on grassroots organizing in partnership with the Standing Rock and Cheyenne River Sioux Tribes to shore up tribally controlled foster care and adoption programs — especially in the event that ICWA gets struck down or modified later this year.

But the first line of defense is doing everything we can to preserve what we already have: ICWA is a good federal law that protects kids. The chair of our Advisory Board is former South Dakota Senator James Abourezk, who also happens to be ICWA’s primary creator. Now, Sen. Abourezk is co-authoring our amicus brief to the Supreme Court. We’re helping to communicate his detailed knowledge to the justices, and we believe his powerful testimony can help create key swing votes in our favor.

My deep appreciation to you for standing in our corner. Together, we can meet this pivotal moment. I’ve been active on the front lines of Native justice for five decades, and Lakota Law has worked to defend ICWA for more than 20 years. There’s nothing we haven’t seen, and there’s no fight we can’t win if we stay unified, work smart, and fight hard.

Wopila tanka — thank you for being a protector!
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

Child Welfare Department at Cheyenne River

Lakota Law

Good news! Here at the Cheyenne River Nation, things are on track toward our goal of creating a tribally-run Child Welfare Department. Just last week, we held our second hearing in Eagle Butte, our reservation’s largest community. We recorded powerful testimony from several families, which we will ultimately present to the Cheyenne River Tribal Council. 

I encourage you to watch our new video, in which Virginia White Feather — one of my fellow grandmothers in Wasagiya Najin, our Standing Strong grandmothers’ group — and I talk about the importance of our efforts to keep Native children in Native care.

Watch: My grandmothers’ group, Wasagiya Najin, is standing strong to create a tribally-run Child Welfare Department at Cheyenne River — and we’re making good progress!

We grandmas lead this charge because we’re the best ones to do it. We have deep respect from our communities, and in a culture that greatly values and relies upon kinship connections, we’re often the ones who step in to caretake for our grandchildren. Our connections run deep. That’s extra important when trust can be hard to come by, given that our children and families have been let down time and again. 

As you likely know by now, South Dakota’s child welfare system doesn’t hold proper respect for our kinship ties, and our children are routinely taken from us. Our people, therefore, tend to be skeptical of anyone offering solutions, but they know that we grandmothers — who spend every day organizing within our communities and caring for the next generations — mean business.

We want wrap-around services for our children and caretakers. We intend to make sure they can remain together, here in a safe place, and that our families have what they need. We won’t stop organizing, and we’ll have even more to report soon. Our next target is editing video from our various hearings to present at Tribal Council and motivate them to act. It’s exciting, because we have a golden opportunity to create a far better system that recognizes the old ways in service of our next generations. 

Meanwhile, Lakota Law’s legal team just submitted our draft amicus brief for review by sister organizations in the Supreme Court case about the Indian Child Welfare Act. The Court will hear the case in October, and the stakes couldn’t be higher. We’ll have much more to report on that project soon, as well. Please stay tuned!

Wopila tanka — thank you for standing strong for our children.
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

Standing Rock: Action

Lakota Law

As many of you know, the Lakota People’s Law Project is a proud ally of Standing Rock. We provide media, fundraising, organizing, and lobbying support to the tribal chairwoman’s team, especially on environmental causes like the Dakota Access Pipeline (DAPL). In this capacity, we’re traveling next week to Washington D.C. to support Chairwoman Janet Alkire as she meets with key decision-makers about the ongoing injustice of DAPL.

More on that soon — but for now, we’d like to share our new video with you, made in collaboration with Chairwoman Alkire’s team, the Oceti Ŝakowiŋ, and the Great Plains Tribal Water Alliance. It brings tribal leaders together from all over South Dakota to speak about the necessity to protect Unci Maka (Grandmother Earth) from Big Extraction’s misdeeds, like Dakota Access.

Watch: Janet Alkire and Oceti Ŝakowiŋ camp leaders reflect on the importance of the #NoDAPL movement to protecting Unci Maka (Grandmother Earth).

The stakes of our environmental movement remain as high as ever for all humans, plants, and animals. The year 2022 is on track to be one of the hottest on record. To make a difference we must act locally while thinking globally. Local for me means the Dakotas, where Standing Rock’s water supply (and that of 17 million others) is still in jeopardy from an illegal oil pipeline without a permit.

Why is it operating without a permit? Because the company hired by the federal government to do the environmental impact statement (EIS) was among those who joined a lawsuit against Standing Rock early in the NoDAPL movement. Of course, Standing Rock’s leaders won’t accept this, so there is a standoff at the moment with the feds. The Army Corps of Engineers has now postponed the release of their flawed EIS until next year, and that gives the tribe more time to fight back and demand that a decent company conduct a new assessment.

As you’re aware, Big Oil has a stranglehold on American politics. Wind power is the cheapest energy source available today — there’s enough wind in just the Dakotas and Texas to power the entire United States. But instead of shifting aggressively to clean technologies, this nation is allowing the fossil fuel industry to bully us into greater investments in our own destruction. Indigenous voices must remain strong to counteract forces of greed and narrow self-interest that plague our nation and world at this time. We will continue doing what we can, with your support!

Wopila tanka — thank you for your ongoing determined support
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Action: Cherokee Representative to Congress

Lakota Law header

Our partnerships make us strong, so I’m excited to announce a new collaboration between the Lakota People’s Law Project and the Cherokee Nation of Oklahoma. We’ve been invited by Cherokee Chief Charles Hoskin to work with his tribe to push Congress to honor a promise made in treaties to the Cherokees, first in 1785 and then repeatedly afterwards. The pledge was to appoint a non-voting Cherokee Nation delegate to the House of Representatives. 

Please add your voice by sending a message to your representatives demanding a Cherokee delegate in Congress. The Cherokee representative would be identical to those for American Samoa, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. While the delegate would not have a right to vote on proposed legislation, s/he would have floor privileges and be able to vote in a committee of which s/he is a member and thereby introduce legislation.

Watch the video featuring Chief Hoskin Jr. on the long standing quest of the Cherokee Nation to hold Congress to its promise to seat a delegate; above is Kimberly Teehee, the Cherokee Nation’s chosen representative.

The Cherokee Nation is a federally recognized Indian tribe with more than 385,000 citizens across the country that spans almost 7,000 square miles in northeastern Oklahoma.

The Cherokee Nation’s right to a congressional delegate is affirmed by all three of the tribe’s federal treaties: the 1785 Treaty of Hopewell, the 1835 Treaty of New Echota, and the Treaty of 1866. The Treaty of New Echota states that:

“The Cherokee Nation, having already made great progress in civilization… shall be entitled to a delegate in the House of Representatives of the United States…”

The only thing needed for the delegate to be appointed is for the House Appropriations Committee to pass the measure and for the full House of Representatives to then vote yes.

In 2019, Chief Hoskin selected Kimberly Teehee as the congressional delegate for his tribe. She earned a JD from the University of Iowa College of Law, and she served as senior policy advisor for Native American affairs in the administration of President Barack Obama. In February of 2020, she was named by Time Magazine as one of sixteen leading activists fighting for a “More Equal America.” She also served as the first deputy director of Native American Outreach for the Democratic National Committee and director of Native American outreach for President Bill Clinton’s 1997 inauguration. 

Change comes one step at a time. We here at the Lakota People’s Law Project will always push for the sovereignty and empowerment of Native citizens. If you haven’t already, please send a letter to your federal representatives backing the inclusion of a Cherokee Nation delegate in Congress!

Wopila tanka — thank you for your friendship and active support.
Shaun Little Horn
Social Media and Marketing Specialist
The Lakota People’s Law Project

Keep Informed and Active!

Lakota Law

This week, the Supreme Court issued an odious trifecta of decisions limiting three precious things: a woman’s right to choose, the Environmental Protection Agency’s ability to combat the climate crisis, and tribal sovereignty in Oklahoma. I’m here to tell you, we must battle back. Here on the frontlines of environmental racism, we know exactly how far the colonizers will go to preserve their own power and profit. Breaking or changing laws is nothing new, and neither is marginalizing Native tribes. But we can and we must restore justice.

That’s the subject of the fifth chapter in our “Dakota Water Wars” series, Ignoring Tribes and Ignoring Laws, co-produced by us in conjunction with Standing Rock, the Oceti Sakowin, and the Great Plains Water Alliance. Please give it a watch.

Watch: Cheyenne River Sioux Tribe Chairman Harold Frazier joins other leaders from the Oceti Sakowin to talk about how DAPL ignores both tribes and laws.

Over the past five centuries, since European settlers first invaded the shores of Turtle Island, our Indigenous voices have routinely been silenced. Treaties have always been broken. Despite promise after promise, we’ve been further marginalized, year by year. State and federal governments alike seemingly couldn’t care less about the dire consequences for our People when projects like the Dakota Access pipeline (DAPL) are railroaded through our homelands. And conservative politicians, like South Dakota Governor Kristi Noem, are especially eager to reduce our influence and make us invisible.

Whenever we’re the ones most affected, industry and government seem to have no qualms ignoring their own laws, too — as has happened with DAPL. During Standing Rock’s lawsuit to stop the pipeline, the presiding judge had to tell the Department of Justice it was flouting the National Environmental Policy Act with its argument that tribal input doesn’t matter.

The fact is, we do matter, and your solidarity with us ensures that our voices increasingly become part of the conversation. As Lakota Law Standing Rock organizer Phyllis Young says in the video, it’s up to us to make sure government agencies take a new approach that prioritizes “mutual respect, mutual participation, and mutual benefit.” Please continue to stand with Standing Rock and the Lakota People’s Law Project. As our rights and protections are rolled back, it’s more important than ever that we unite and fight — hard.

Wopila tanka — thank you, always, for your friendship and solidarity.
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Like Watching a Movie in Reverse…

Kolby KickingWoman
ICT

The United States Supreme Court has limited the scope of its historic McGirt decision.

In a 5-4 vote, the high court ruled in Oklahoma v. Castro-Huerta that the state of Oklahoma has concurrent jurisdiction and the ability to prosecute non-Natives when the victim is Native and the crime is committed on tribal land.

“From start to finish, the dissent employs extraordinary rhetoric in articulating its deeply held policy views about what Indian law should be,” Justice Brett Kavanaugh’s opinion reads.

Justice Kavanaugh wrote the majority opinion and was joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Amy Coney Barrett in the majority. Justice Kavanaugh wrote that the views of the justices in the dissent were contrary to previous Supreme Court precedents and other laws.

“The dissent goes so far as to draft a proposed statute for Congress. But this Court’s proper role under Article III of the Constitution is to declare what the law is, not what we think the law should be,” Justice Kavanaugh wrote.

(Related: Supreme Court seems divided in Indian Country case)

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Justice Neil Gorsuch wrote the dissenting opinion and was joined by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.

Gorsuch, the author of the historic McGirt decision, wrote that tribes were promised to be free from interference by state authorities.

“Where this Court once stood firm, today it wilts,” Gorsuch wrote. “Where our predecessors refused to participate in one State’s unlawful power grab at the expense of the Cherokee, today’s Court accedes to another’s.”

Today’s opinion can be found and read here.

This is a developing story and will be updated throughout the day.

Related:
Indigenous people, organizations react to overturn of Roe
‘We will never, ever stop having abortions’
Court sides with federal agencies in subsistence lawsuit

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Kolby KickingWoman

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Kolby KickingWoman

Kolby KickingWoman, Blackfeet/A’aniih is a reporter/producer for Indian Country Today. He is from the great state of Montana and currently reports for the Washington Bureau. For hot sports takes and too many Lakers tweets, follow him on Twitter – @KDKW_406. Email – kkickingwoman@indiancountrytoday.com

Action Needed: Boarding Schools

Lakota Law

Today, it happened. The Supreme Court overturned Roe v. Wade. This horrifying decision eliminating our right to choose what we do with our own bodies is an affront to birthing people everywhere, and it will needlessly create a healthcare crisis with an outsized impact on women of color. It’s also sadly symbolic of this nation’s long history of disregarding our rights and our lives.

On that note, you may recall that, just over a year ago, we published a hard-hitting blog discussing the horrifying discovery of 215 unmarked graves of First Nations children on the grounds of former Canadian residential schools. Then, a few months back, my Unci Madonna shared with you our own family’s harrowing journey through U.S. boarding schools set up to convert Native children to the ways of the colonizer. 

Now, under the direction of U.S. Secretary of the Interior Deb Haaland — a tribal member of the Pueblo of Laguna who understands the real history — the federal government has released a comprehensive report outlining the scope of its own 150-year culpability in genocidal policy toward us as Native Peoples.

Lakota LawAccording to the Federal Indian Boarding School Initiative Investigative Report, the Carlisle Indian Industrial School in Pennsylvania was just one of 408 institutions designed to “kill the Indian and save the man” run or supported by the United States between 1819 and 1969.

If you can set aside the time and are willing to sit with difficult material, I encourage you to read the entire 105-page Federal Indian Boarding School Initiative Investigative Report. It pulls no punches in its descriptions of the horrifying conditions the children faced in these institutions — even the “hunting” of them if they dared to run away back to their family homes.

The schools were, of course, there to help accomplish what the report describes as a twin policy of “Indian territorial dispossession and Indian assimilation, including through education.” Here’s how the U.S. Senate put it, as quoted in the report: “Beginning with President Washington, the stated policy of the Federal Government was to replace the Indian’s culture with our own. This was considered ‘advisable’ as the cheapest and safest way of subduing the Indians, of providing a safe habitat for the country’s white inhabitants, of helping the whites acquire desirable land, and of changing the Indian’s economy so that he would be content with less land. Education was a weapon by which these goals were to be accomplished.”

The report also states that at least 500 children are known to have died in these halls of “education,” a count that will no doubt rise significantly with further research. The investigation has “identified marked or unmarked burial sites at approximately 53” of the 408 schools across the Federal Indian boarding school system. The specific locations have not been released.

It’s important to remember that this report focuses only on federal Indian boarding schools. But there were many more of these institutions — where children were forced to perform manual labor, perform military drills, speak only English, undergo corporal punishment, and discipline younger students. We are still only scratching the surface of how widespread the government’s attempt was to wipe out our Native cultures.

Given the scope of the violations, and the lasting generational trauma inflicted on our communities, it’s critical that we find a path that helps us move forward in a good way. Right now, to help begin that process, Congress is considering passing truth and healing legislation. Your solidarity can make a difference, so if you have not already done so, I ask you to email your reps, tell them to pass the bills before both the Senate and the House, and share this action with your loved ones. 

Wopila tanka — thank you, always, for being in our corner!
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

Indian Child Welfare Act (ICWA)

Lakota Law

Greetings! If you’ve been with us for some time, you already know I helped found this organization to make sure our Lakota children thrive. Since 2004, we have never stopped working to keep Native kids in Native care, where they can learn our cultural heritage from their elders and kinship circles. 

At our Standing Rock kinship care home, we provide at-risk children a safe space to learn and grow. Here at the Cheyenne River Nation, I’m leading a community-wide effort to create a tribally-run Child Welfare Department. And nationally, our legal team is preparing an amicus brief to protect the Indian Child Welfare Act (ICWA) in the Supreme Court. All of these things will create a brighter future for our young ones — and we couldn’t do any of it without you. So today, I ask you to fund this important mission and empower us to continue tackling this issue at levels ranging from a single child to the highest court in the land.

Lakota Law

Allow me to share a little more with you about these efforts. First, as we near the deadline to submit our ICWA amicus brief to the Supreme Court, our legal team has been interfacing with other organizations who are also writing briefs for the Brackeen v. Haaland case. By coordinating, we’ll ensure all important arguments are made in the best possible way, and our participation is key because we’re writing in conjunction with former S.D. Sen. James Abouresk, the primary author of the original bill. Our brief will be complete soon, and our public relations team is planning some novel methods to spread the word and put pressure on people in D.C. Powerful lawyers aligned with Big Oil have attacked the constitutionality of ICWA with all they have, and this means the stakes couldn’t be higher for Native kids and tribal sovereignty.
 
Meanwhile, my own organizing focuses right here in my community at Cheyenne River. As a tangible contribution to defend the spirit of ICWA, our team is moving forward to create a tribal child welfare department. Last week, we hosted more than a dozen tribal members at an official hearing where family members testified about losing children to the system in South Dakota. With no tribally-administered Child Protective Services program on our rez, foster care and adoption is administered by the state, which has an abysmal track record of abiding by ICWA. Right now, 90 percent of Native children taken from their families in South Dakota still end up in non-Native foster care. That’s completely unacceptable, and it’s why we’re working directly with tribal officials to establish an entity that will keep them safe with those who love them.
 
Finally, some great news from our kinship care home at Standing Rock. It now has a name — Chantewašte House (chon-tay-wash-tay, meaning to be happy, content, cheerful, or joyful) — and it is currently sheltering three children. We had a 1-year-old stay for a while earlier this year, and our foster parent, Vanessa Defender, continues to do wonderful work providing a safe haven for the little ones.

Please stay tuned for more updates on all of the above. Once again, I thank you for being there with us through this journey. It’s incredible stuff we’re accomplishing. Together we’re aiding the renewal of our next generation and those who will follow.

Wopila tanka — my gratitude for all you do!
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project
 

P.S. Please give what you can today. You’ll make sure we can continue providing housing and care, critical support services, and legal expertise to make a tremendous difference in the lives of our Lakota children in the months and years to come.

#4 of The Water War Series

Lakota Law

Today, we give you the fourth video from our “Water Wars” series, co-produced with Standing Rock, the Great Plains Water Alliance, and the Oceti Sakowin, highlighting why we resist the Dakota Access pipeline (DAPL). When the oil company forced DAPL through our homelands, it claimed that we, the Native People on the frontlines, had been consulted. But that term has come to mean less than nothing to us. What’s required under international law and what should be standard operating procedure with projects like DAPL is something much more substantial than “consultation” — and that’s our Free, Prior, and Informed Consent.

Watch: “Consultation” isn’t an adequate standard. We never gave our consent for DAPL to threaten our water and homelands.

No matter what they think over at the oil company headquarters, this isn’t the wild wild west anymore. There are rules. This pipeline is operating illegally, without a federal permit. Here in the modern era, I think most of us will also agree that no means no, and gaining consent from those affected before taking action is critical. The concept of Free, Prior, and Informed Consent (or FPIC) is, in fact, codified in the United Nations Declaration on the Rights of Indigenous Peoples. And Under President Obama, the United States promised to recognize the right we hold as the Nation’s first inhabitants to have a definitive say in what happens to our homelands. 

“Consultation” is a sham. Sending us emails notifying us that a pipeline is about to be drilled under our sole source of fresh drinking water is inadequate, and expecting us to stand aside and let that happen is just plain foolish. I’m grateful that, as our partner in this movement, you’re resisting with us. Please continue to stand with the Oceti Sakowin, and together, let’s defeat DAPL once and for all.

Wopila tanka — Thank you for supporting Indigenous justice!
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

A Win for Voting Rights

Lakota Law

Today I write to share some really wonderful news with you. In a huge win for voting rights and Native justice, on May 26, a federal judge in South Dakota ruled in Lakota Law’s favor that the state has repeatedly violated the National Voter Registration Act (NVRA). This judgment is a giant step forward in the battle to make sure Native voices are properly heard at the ballot box — especially in a state where we make up a whopping nine percent of the total population!

https://ecp.yusercontent.com/mail?url=https%3A%2F%2Fprod.cdn.everyaction.com%2Fimages%2Fvan%2FEA%2FEA001%2F1%2F58070%2Fimages%2FLP2206-VOT-SDLJ.jpg&t=1654968716&ymreqid=a2a5bf58-c670-6e9d-2f2c-5a003701d900&sig=l9dwfh8XxQ1bu2fZelpXDg–~D

With this judgment, we expect to hear a lot less of this from Native voters in South Dakota. Photo credit: Daniel Logo from Flickr Creative Commons.

If you’ve been following our work for some time, you may remember that Lakota Law joined the suit last year as a plaintiff alongside our friend, Standing Rock Sioux tribal member Hoksila White Mountain. Together with the Oglala and Rosebud Sioux Tribes and Rosebud Sioux tribal member Kimberly Dillon, we sued South Dakota Secretary of State Steve Barnett and a trio of agency heads after an investigation uncovered the state’s pattern of noncompliance with the NVRA. Of course, this lack of compliance has had an outsized effect on Indigenous communities.

The court agreed with our group’s contention that, too often, potential South Dakota voters — especially Natives — encountered systemic problems when trying to register to vote at state-run public assistance offices and the Department of Transportation. The state has effectively disenfranchised us by failing to adequately provide legally required training, forms, and services.

We thank our partners from the Native American Rights Fund and Demos for their dedication and excellence in litigating this case. It exemplifies just how much we can accomplish when we work together to create positive change, and it will set a precedent that other tribal governments, Indigenous voters, and voters of color can use to defend the guarantees of the National Voter Registration Act long into the future.

Wopila tanka — thank you for supporting our mission for justice!
DeCora Hawk
Field Organizer
Lakota People’s Law Project

Prayer Permits Needed?

Lakota Law

For time immemorial, we have lived along and revered our sacred relative, the Mni Sose, the Missouri River. These days, as you know, the Dakota Access pipeline (DAPL) crosses under the Missouri — just upstream from the Standing Rock Nation — without a federal permit. And yet, unlike the oil company, we are required to have a permit just to pray in our traditional sweat ceremonies in certain, sacred spots along the river’s banks.

This bit of disturbing cognitive dissonance is the subject of our third video in the “Water Wars” series we’re producing in partnership with Standing Rock and other tribes of the Oceti Sakowin. I hope you’ll take a few minutes to watch and share Dakota Water Wars, Chapter 3: Money Against a Prayer.

Watch: Tribal leaders discuss the sheer preposterousness of DAPL crossing under our sacred river without a permit, while we’re required to get a permit to pray in some areas along its banks.

Can we all agree that when Standing Rock’s tribal water resources administrator, Doug Crow Ghost, wants to pray at the river, it should be automatically allowed? Doug cares as much as anyone about our water, and he deeply respects our natural surroundings. In contrast, the oil company, Energy Transfer Partners, tries every means at its disposal to avoid environmental oversight. The colonizing governments occupying this land seem to be more comfortable with the potential of oil spills than prayer on sacred land.

The historical facts back all of this up. It wasn’t until 1978 that the American Indian Religious Freedom Act was passed, permitting Native Peoples to engage in acts such as burning sage or sweat ceremony. Meanwhile, DAPL continues to operate without a valid Environmental Impact Statement (EIS), despite a court ruling that this violates the National Environmental Policy Act. Still, we remain hopeful that we can win this fight in the end. 

Earlier this year, a majority conservative Supreme Court rejected the oil company’s latest attempt to avoid environmental oversight, and now we await the (much delayed) release of the EIS, which was overseen by an oil-friendly firm hired by the U.S. Army Corps of Engineers. Naturally, we expect the statement to be deeply flawed when we finally see it. I hope you’ll be ready to join with Lakota Law, Standing Rock, and the united tribes of the Oceti Sakowin to, once again, stand up to Big Oil and say no to the Dakota Access pipeline when the EIS is finally released. We’ll keep you posted!

Wopila tanka — thank you, always, for your friendship and solidarity.
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

The Case of Stolen Artifacts

by dandelionsalad

Abby Martin: Lakota Human Remains Stolen from US Army Massacre Hoarded by Private Museum

Image by Otis Historical Archives of the National Museum of Health and Medicine via Flickr

Dandelion Salad

with Abby Martin

Empire Files on Jun 4, 2022

For over 100 years, human remains and sacred artifacts stolen from the bodies at the Wounded Knee Massacre have been locked away, held by a private library in the small town of Barre, Massachusetts. Descendants of the victims are fighting to retrieve them, but the library Board of Directors refuses to cooperate.

Keep Empire Files independent and ad-free: https://www.patreon.com/empirefiles

Archive: DAPL

*Note: scroll back through this blog for events that happened from 2016 and historic background regarding pipelines in North Dakota.

Lakota Law

I write today about an exciting project our team has taken on: the creation of an unparalleled online archive of DAPL-related media such as this that will make the water protector movement accessible to students, journalists, and activists all over the world. When we’re finished, anyone will be able to dig into an enormous amount of raw source material about the historic events that transpired at Standing Rock several years ago.

In coordination with various academic partners, we’re well down the road to building the infrastructure needed to launch this engine. We’re also conducting outreach to tribal community colleges to build more partnerships. The human family — for time immemorial — needs to know what happened. We’re doing our part to make that happen.

Water protectors gather on the shores of the Missouri River in 2016.

As many of you know, back in 2017, my colleague Chase Iron Eyes — an attorney and a former candidate for Congress from North Dakota — faced the potential of 6 years in prison for posting on Facebook. Chase used social media to help organize the last effective protest of the NoDAPL effort, at a place called “Last Child’s Camp.” For this, North Dakota tried to put him in prison and strip his law license. But they failed, in part because our lawyer team defended him vigorously in court.

Meanwhile, in the process of defending Chase, our attorneys gathered an enormous amount of media — everything from videos to documents, which, taken together, tell the remarkable story of a tribal nation defending itself against the world’s most powerful industry: Big Extraction.
 
The only way that history ever reflects the view of underdogs like Standing Rock is when people like you — like all of us — work together to document events from the perspective of those normally ignored. Our online DAPL archive will tell the story of the many water protectors who put their bodies on the line to protect air, water, and the sovereignty of tribal nations. Mni Wiconi (“water is life”)!
 
Wopila tanka
— thank you for standing with us as we move forward on many fronts! 
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

Lakota People's Law Project

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

“Water Wars”

Lakota Law

When I was a little girl, I lived in paradise. I would roam out from my family’s cabin along the banks of the Mni Sose — the Missouri River — and drink straight from her waters. Around our allotment, the Standing Rock Nation was home to one of the most glorious forests on Turtle Island. Our gardens had every fruit tree you could want, and berries to nourish our growing bodies and souls. We were healthy in that place. Our homelands and the river provided for us — and then everything changed.

Before I tell you the rest of the story, I want to share a new video that Lakota Law has produced for the Standing Rock Sioux Tribe. The second chapter in our “Water Wars” series, it follows the first video, which highlighted the uniting of tribes from across the Oceti Sakowin to stop the Dakota Access pipeline (DAPL). This installment gives you more background and history, detailing the U.S. government’s refusal to honor the treaties that should preserve and protect our homelands. 

Watch: In the new video we produced for Standing Rock, I address other leaders from across the Oceti Sakowin to inspire #NoDAPL action.

What happened to the paradise of my youth? In 1958, I was ten years old when the government completed construction of the Oahe Dam and flooded my home to create Lake Oahe. That same lake now provides our tribe’s drinking water, and it’s under that precious resource that DAPL dangerously crosses — without an adequate leak detection system — threatening to devastate our lives once again.

After the flood, for several years, we children lived on white bread, bologna, and hard cheese. We developed vitamin deficiencies and sores on our hands. We no longer had cherries, plums, grapes, wild onions, and all the things that came from the land. We could no longer find many of the medicinal plants that used to grow wild and abundantly in the riverbed and forest. No more could we collect the mushrooms we called “ears of the tree.” When they flooded our homelands — some of the richest in the world — it was an act of pure cruelty. They took our land and the food we grew up on, and they replaced it all with a welfare state.

This was, of course, illegal under both our Indigenous laws and those of the United States. The Fort Laramie Treaties of 1851 and 1868 guaranteed that we would retain our sacred He Sapa, the Black Hills, forever. Those treaties and subsequent agreements also protected 14 million acres in North Dakota. Today, we call these “taken lands,” the spoils of manifest destiny and the dam’s construction. 

That’s why we fight. DAPL is only the latest in a long line of projects meant to benefit the colonizer without regard for the original peoples of this land. But with your help, we’ll resist, we’ll sue, we’ll work to replace fossil fuels with Native-run renewable projects, and we’ll use the media to make ourselves heard. And when, at last, our lands are returned, our sacred sites respected, and our treaties honored, I will invite you to come sing with us. Because, despite everything, I still believe we can restore justice together.

Wopila tanka — thank you for standing with Standing Rock and Lakota Law.
Phyllis Young
Standing Rock Organizer
The Lakota People’s Law Project

Save the He Sapa (Black Hills)

Lakota Law

For generations, the He Sapa (Black Hills) have been revered by the Oceti Sakowin as sacred grounds. As Indigenous Peoples, we are the original stewards of this land, and we have never relinquished that right. That’s why it’s so important for us to take a stand against harmful extraction in our homelands — like the mining interests currently tearing up and poisoning the He Sapa. 

Will you help us eliminate these threats to our water, treaty territory, and sacred sites? Right now, please join us in asking U.S. Secretary of the Interior Deb Haaland to suspend all new mining claims in the Black Hills until the Lakota’s treaty rights are properly acknowledged and honored.

Click the pic to read our blog, then please take action to protect the Black Hills!

Over the past weeks, I’ve been working closely with the good people of the Black Hills Clean Water Alliance to understand and help communicate the scope and urgency of the mining problem in the Black Hills. We collaborated to create a blog for you to read, which explains the situation in more detail, and the action you can take to convince Secretary Haaland and the U.S. Department of the Interior to intervene.

At present, 184,000 acres of mining claims litter the Black Hills, covering 15 percent of our sacred grounds, and water system contamination caused by mining represents the greatest threat to the area. And, of course, the mining companies routinely walk away after tearing up the land and contaminating the water, leaving waste behind — forcing taxpayers to cover the clean up costs. 

It’s long past time to return the sacred by honoring treaty rights with Indigenous nations and treating Unci Maka — our grandmother Earth — with utmost respect. So, please read our blog and then take action to protect the He Sapa. You can help make a huge difference for our homelands and our people.

Wopila tanka — thank you for your action and care!
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

Lakota People's Law Project

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

The Lakota People’s Law Project is part of the Romero Institute, a nonprofit 501(c)(3) law and policy center. All donations are tax-deductible.

Dakota Access pipeline (DAPL)

Lakota Law

We remain 100 percent focused on our ongoing fight to end the Dakota Access pipeline (DAPL), despite the turmoil in the world around us. As you’ll see in a new video we co-produced with Standing Rock, a strong coalition among South Dakota’s tribal nations has formed to get it done. 

Watch on Standing Rock’s Vimeo page: Standing Rock Chair Janet Alkire is joined by leaders from across the Oceti Sakowin to coordinate the current #NoDAPL strategy.

In the video, you’ll hear from Standing Rock Sioux Tribe Chairwoman Janet Alkire, Oglala Sioux Tribe President Kevin Killer, and Cheyenne River Sioux Tribe Chairman Harold Frazier. It’s the first in a planned series that will delve more deeply into the complex issues faced by the tribes in their fight to stop DAPL — a pipeline which continues to operate without a permit for its crossing under Lake Oahe just north of the Standing Rock Nation.

Chairwoman Alkire has been actively relaying tribal concerns directly to Michael Connor, Assistant Secretary of the Army for Civil Works. She recently returned from a meeting with him, in which she discussed the lack of transparency concerning DAPL’s oil spill response plan for the Missouri River and the terrible safety track record of its parent company, Energy Transfer. As detailed in a press release from the tribe, over a recent 8-year period, nine pipelines owned and controlled by Energy Transfer and its affiliated companies experienced nearly 300 spills — including 50 large ones in vulnerable areas like Lake Oahe.

Until this pipeline has a valid Environmental Impact Statement and federal permit, it is operating in violation of the laws designed to safeguard our people, our delicate water systems, and our sacred homelands. We must keep the pressure on U.S. leaders to do the right thing and shut DAPL down. Please watch our video, stay tuned for the next chapters, and be ready when the time comes to take action together.

Wopila tanka — thank you for standing with Standing Rock and the entire Oceti Sakowin!
Chase Iron Eyes
Co-Director and Lead Counsel
Lakota People’s Law Project

Lakota People's Law Project

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

The Lakota People’s Law Project is part of the Romero Institute, a nonprofit 501(c)(3) law and policy center. All donations are tax-deductible.

U.S. Boarding Schools: Investigation

This July 8, 2021 image of a photograph archived at the Center for Southwest Research at the University of New Mexico in Albuquerque, New Mexico, shows a group of Indigenous students who attended the Ramona Industrial School in Santa Fe. The late 19th century image is among many in the Horatio Oliver Ladd Photograph Collection that are related to the boarding school. (AP Photo/Susan Montoya Bryan)

Kalle Benallie
Indian Country Today

The U.S. Department of Interior released its investigative report Wednesday on the Federal Indian Boarding School Initiative. It’s being called the first volume of the report and comes nearly a year after the department announced a “comprehensive” review.

Deb Haaland, Interior secretary, Bryan Newland, assistant secretary for Indian Affairs, and Deborah Parker, chief executive officer of the National Native American Boarding School Healing Coalition were scheduled to speak at a news conference in Washington announcing the report’s findings.

“The consequences of federal Indian boarding school policies—including the intergenerational trauma caused by the family separation and cultural eradication inflicted upon generations of children as young as 4 years old — are heartbreaking and undeniable,” Haaland said in a statement. “We continue to see the evidence of this attempt to forcibly assimilate Indigenous people in the disparities that communities face. It is my priority to not only give voice to the survivors and descendants of federal Indian boarding school policies, but also to address the lasting legacies of these policies so Indigenous Peoples can continue to grow and heal.”

Newland led the over 100-page report, which includes historical records of boarding school locations and their names, and the first official list of burial sites.

The findings show from 1819 to 1969, the federal Indian boarding school system consisted of 408 federal schools across 37 states, some territories at that time, including 21 schools in Alaska and seven schools in Hawai’i. Some of these schools operated across multiple sites. The list includes religious mission schools that received federal support, however, government funding streams were complex therefore, all religious schools receiving federal, Indian trust and treaty funds are likely not included. The final list of Indian boarding schools will surely grow as the investigation continues. For instance, the number of Catholic Indian boarding schools receiving direct funding alone is at least 113 according to records at the Bureau of Catholic Indian Missions.

Approximately 53 different schools had been identified with marked or unmarked burial sites. The department expects the number to increase as the investigation continues.

Interior Secretary Deb Haaland visits the Grand Junction Air Center Complex on Friday to discuss her agency's response to wildfires and the Bureau of Land Management headquarters move to Grand Junction on Friday, July 23, 2021, in Grand Junction, Colo. (McKenzie Lange/The Grand Junction Daily Sentinel via AP)

FILE. Interior Secretary Deb Haaland visits the Grand Junction Air Center Complex on Friday to discuss her agency’s response to wildfires and the Bureau of Land Management headquarters move to Grand Junction on Friday, July 23, 2021, in Grand Junction, Colo. (McKenzie Lange/The Grand Junction Daily Sentinel via AP)

In June 2021, Haaland announced an Interior investigation in federal Indian boarding schools to make “a comprehensive review of the troubled legacy of federal boarding school policies” from as early as the 19th century.

She said the initiative was created after the discovery of 215 unmarked graves of Indigenous children by Canada’s Tk’emlúps te Secwépemc First Nation at the Kamloops Indian Residential School in May 2021.

The first volume of the report highlights some of the harsh conditions children endured at the schools. Children’s Indigenous names were changed to English names; children’s hair were cut; the use of their Native languages, religions and cultural practices were discouraged or prevented; and the children were organized into units to perform military drills.

The report cites findings from the 1928 Meriam report in which the Interior acknowledged “frankly and unequivocally that the provisions for the care of Indian children in boarding schools are grossly inadequate.

Examples included descriptions of accommodations at select boarding schools such as the White Earth Boarding school in Minnesota where two children slept in one bed, the Kickapoo Boarding School in Kansas where three children shared a bed and the Rainy Mountain Boarding School in Oklahoma where, “single beds pushed together so closely to preclude passage between them and each bed has two or more occupants.”

(Related: Pope Francis apologizes for churches’ role in Canadian Indian residential schools)

The 1969 Kennedy Report, cited in the Department investigation, noted that rampant physical, sexual and emotional abuse: disease; malnourishment; overcrowding,; and lack of health care at Indian boarding schools are well-documented.

It also found schools focused on “manual labor and vocational skills that left American Indian, Alaska Native, and Native Hawaiian graduates with employment options often irrelevant to the industrial U.S. economy, further disrupting Tribal economies.”

Federal boarding schools first started with the Indian Civilization Act of 1819 when the government enacted laws and policies to establish and support Indian boarding schools. For more than 150 years, Indigenous children were taken from their communities and forced into boarding schools that focused on assimilation. An unknown number of religious Indian boarding schools, funded by private and government funds, predate the Civilization Act by at least 100 years.

(Related: ‘We won’t forget about the children’)

Native land and wealth diminished

In a major finding, the report documents the use of tribal trust and treaty funds for the federal boarding school system as well as mission schools operated by religious institutions and organizations. Although the total amount of these funds used to directly fund schools is unknown, according to an investigation by Indian Country Today, more than $30 million in today’s dollars were siphoned away during a nine year period by Catholic schools alone.

The U.S. also set apart tracts of Native lands for use by religious institutions and organizations. According to an ongoing investigation by Indian Country Today, a large portion of this land may still be held by churches.

Indeed, the relationship between major religious denominations and the federal government regarding Indian mission schools is described as “an unprecedented delegation of power to church bodies that were given the right to nominate new agents, direct educational and other activities on the reservations.

Members of the Sicangu Youth Council help provide a formal burial at the Rosebud Indian Reservation on July 17, 2021, for some of the nine Rosebud students who died at Carlisle Indian Industrial School in the 1880s. The children's remains were finally returned to their homelands after 140 years, wrapped in a buffalo robe bundle and placed in a cedar box. Earth collected at the Carlisle graves were added to the children's final resting places. (Photo by Vi Waln for Indian Country Today)

Members of the Sicangu Youth Council help provide a formal burial at the Rosebud Indian Reservation on July 17, 2021, for some of the nine Rosebud students who died at Carlisle Indian Industrial School in the 1880s. The children’s remains were finally returned to their homelands after 140 years, wrapped in a buffalo robe bundle and placed in a cedar box. Earth collected at the Carlisle graves were added to the children’s final resting places. (Photo by Vi Waln for Indian Country Today)

Although the report makes little mention of accountability for religious organizations that operated boarding schools, it does indicate that non-federal entities will be given support in releasing their records associated with the schools.

As part of the initiative and in response to recommendations from the report, Haaland announced the launch of “The Road to Healing” year-long tour. It’ll consist of a tour across the country to allow boarding school survivors to share their stories, help connect communities with trauma-informed support and to gather a permanent oral history.

The report also points to the 2019 watershed Running Bear studies, funded by the National Institute of Health. This research contains the first medical studies to systematically and quantitatively show that the Indian boarding school system experience continues to impact the present day health of adult boarding school survivors.

Newland cited the need for more investigation because of the COVID-19 pandemic and its resulting closures of federal facilities that affected obtaining and reviewing documents and the department’s limited funds at that time.

(Related: ‘Our ancestors risked their lives and freedom’)

The second volume will be aided by a $7 million investment from Congress through fiscal year 2022. Newland recommended for it to include a list of marked and unmarked burial sites at federal Indian boarding schools — with names, ages, tribal affiliations of the children at those locations — an approximation of the total amount of federal funding used to support the boarding school system and to further probe the impacts on Indigenous communities.

“This report presents the opportunity for us to reorient federal policies to support the revitalization of Tribal languages and cultural practices to counteract nearly two centuries of federal policies aimed at their destruction,” Newland said in a statement. “Together, we can help begin a healing process for Indian Country, the Native Hawaiian Community and across the United States, from the Alaskan tundra to the Florida everglades, and everywhere in between.”

Opportunity to submit stories

On Thursday, members of Congress are holding a hearing at 1 p.m. ET, for the bill “Truth and Healing Commission on Indian Boarding School Policies in the US.” Rep. Sharice Davids, Ho-Chunk, is the lead sponsor of the bill.

The National Boarding School Healing Coalition is requesting people who attended a boarding school or are a descendent of a boarding school attendee to submit their written testimonies to the House of Natural Resources Committee by May 26. Email submissions to HNRCDocs@mail.house.gov and CC NABS at info@nabshc.org.

The National Boarding School Healing Coalition has an available template to use here.

ICT logo bridge

ICT’s Mary Annette Pember contributed to this report.

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InteriorDeb HaalandU.S. Department Of InteriorUS Boarding SchoolsIndian Boarding Schools

Kalle Benallie

By

Kalle Benallie

Kalle Benallie, Navajo, is a reporter-producer at Indian Country Today’s Phoenix bureau. Follow her on Twitter: @kallebenallie or email her at kbenallie@indiancountrytoday.com. Benallie was once the opening act for a Cirque Du Soleil show in Las Vegas. 

No to Extraction

https://indiancountrytoday.com/news/indigenous-women-say-no-to-extraction-for-sustainable-future

This story is published as part of the Global Indigenous Affairs Desk, an Indigenous-led collaboration between Grist, Indian Country Today, and High Country News.

Carina Dominguez
Indian Country Today

At the world’s largest gathering of Indigenous leaders, women are talking about how to hold financial institutions accountable for fueling climate catastrophe through investments in the extractive industry.

Michelle Cook, Navajo, was among those who offered powerful testimonies focused on the women at the frontlines of extractive projects, the boardrooms of financial institutions, and the halls of governments. Speaking at a side event hosted by Women’s Earth and Climate Action Network at the 21st session of the U.N. Permanent Forum on Indigenous Issues in New York, Cook described the work as being part of a sacred obligation.

“That’s what we’re doing, fulfilling a prayer for the world – for nature – with love, compassion, and with courage. No other weapon than that, the truth,” Cook, the founder of Divest Invest Protect, said. “For some, that is so terrifying. Indigenous women will not give up … We will not be intimidated, shamed or be afraid just for being who we are.”

The international forum side events offer participants the opportunity to continue thematic dialogues outside of the forum’s schedule, which is more limited than previous years due to the pandemic and is operating on a hybrid format this year. Summer Blaze Aubrey, Cherokee and Blackfeet, is a staff attorney for the International Indian Treaty Council and also spoke on the panel. She noted that racism and genocide are at the center of human rights violations around the world. Atrocities are ongoing and fueled by the extractive industry, she added, even with “green energy” initiatives moving forward. She pointed to the White House’s rhetoric on Russia and the Defense Production Act, which was enacted to jump start new mines or expand existing ones.

“Engaging in the extractive industry isn’t moving forward, it’s not going to help in the long run. It’s part of capitalism,” Aubrey said. “It is not helpful…We see throughout the extractive industry on Turtle Island it’s linked to violence against women. It’s so nuanced and interconnected that you cannot speak on one without speaking on the other.”

Women on the panel maintained that due diligence must occur continuously through development projects, not just during the initial phases. But ultimately, they say, society needs to divest from the extractive industry altogether.

“Indigenous people are providing the answers,” Aubrey said, referencing traditional knowledge and science. “We understand how to live symbiotically with the environment. How to feed people. We already have systems in place that will protect us and the world.”

She added that corporations and financiers need to recognize that and be engaged in those principles and strategies. The panel called out BlackRock, the world’s largest asset manager, saying the investment company has an insatiable appetite for feeding its bottom line. BlackRock presently does not have an Indigenous rights policy, a shortcoming that Women’s Earth and Climate Action Network founder Osprey Orielle Lake said should change immediately.

Like countless others during the first week of the Permanent Forum, the panel consistently returned to the matter of free, prior and informed consent (FPIC). FPIC specifies that developers must engage with impacted Indigenous communities to ensure their participation and consultation. However, despite the international human rights principle being widely adopted by U.N. member states via the Declaration on the Rights of Indigenous Peoples, many experts and leaders have identified that the articles are not being recognized or applied effectively, leaving the land and people vulnerable to exploitation. Among the other solutions highlighted, included investing in climate justice frameworks that center traditional ecological knowledge.

Watch: ICT reporter Carina Dominguez talks UN Permanent Forum on Indigenous Issues on ‘ICT Newscast with Aliyah Chavez’ 

For women like Maria Violet Medina Quiscue, from Pueblo Nasa in Colombia, it takes courage to speak out on these issues – especially on a global scale – because land and human rights defenders are being murdered, meaning that publicly criticizing the institutions, corporations and nations behind them places her life on the line. Quiscue described the deeply entrenched racism against Indigenous people in Colombia, which has been on full display as of late.

For the last seven months, roughly 2,000 Indigenous people have been living at an encampment at Bogota National Park after being displaced by extractive industries and paramilitary groups. Anti-Indigenous rhetoric from Colombian politicians has created a hostile environment for Indigenous people, with grocers and store owners refusing to serve Indigenous people. Quiscue says racism in Bogota ramped up after Mayor Claudia Lopez Hernandez unleashed a slew of attacks against Indigenous people at the encampment.

Quiscue says the discrimination they are currently facing is rooted in colonization. Maria and the other panelists made it clear that Indigenous people maintain both the legal right to say “no” to extraction as well as a sacred obligation to stand up against current and future developments. At an event featuring numerous policy solutions and calls to action, this was the line that the women seeking to hold financial institutions accountable consistently returned to: you cannot be a climate leader when you expand extraction.

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Carina Dominguez

By

Carina Dominguez

Carina Dominguez, Pascua Yaqui, is a correspondent and producer for Indian Country Today. Previously she worked for CBS Television Network. Carina’s work has appeared in news outlets like The Arizona Republic, The Billings Gazette, Casper Star-Tribune, The Tucson Sentinel, Navajo-Hopi Observer and CBS News. CarinaDominguez@indiancountrytoday.com, Twitter: @Carinad7, Instagram: @CarinaNicole7

Fighting Big Oil

Lakota Law

I wish you a happy Earth Day! Here’s an anniversary (unlike some others) that I think we can all celebrate. We all care deeply about Unci Maka, our Grandmother Earth, and when I joined the Lakota Law staff a couple months back, part of the reason was because this organization is never afraid to take on the biggest environmental issues in Indian Country and beyond. Big Oil — which has been knowingly killing this world and lying about it to the public for decades — must be held accountable. Our methodology to make that happen doesn’t stop at resisting pipelines. We mean to end harmful extraction entirely.

I urge you to follow all the work of the Romero Institute — home to both Lakota Law and Let’s Green CA!, a statewide initiative which aims to make California a model of equitable climate action. You’ll see that we have an effective, multipronged approach to winning environmental justice. 

Lakota LawHere’s that all-too-familiar vista of another oil refinery belching toxic filth into the atmosphere. This is why we’re taking polluters to task and working to pass green legislation.

This week, Let’s Green CA! Is celebrating a big victory with the passage of SB 1230 out of the California Senate’s Committee on Environmental Quality. Romero’s staff — in partnership with legendary activist Dolores Huerta and the Dolores Huerta Foundation — has worked very hard to make this clean transportation legislation a reality, from the ground up. Sponsored by State Senator Monique Limón, the bill would rapidly cut greenhouse gas emissions, reduce toxic air pollution, and support green jobs by accelerating a just transition to clean cars in the largest state in our country and the fifth largest economy in the world. I applaud our sister program!

Meanwhile, the Romero Institute’s legal team is drafting a 300-page Racketeer Influenced Corrupt Organization Act (RICO) criminal complaint against the six major oil companies presently doing business in California. It’s designed to stimulate filings by state attorneys general and U.S. Attorneys against corporations, their CEOs, management officials, principal shareholders and financiers, and the American Petroleum Institute, which conspired with the oil leaders to lie to the American public about the known dangers of fossil fuel emissions causing climate change. I encourage you to watch this excellent, new documentary by PBS Frontline to learn more.

As you can see, we’re not taking our responsibilities to Unci Maka lightly. Our Lakota way is not to look at what we can do for ourselves, but to ask how we can be of service to our relatives — including this beautiful world that holds us all in her embrace. So, today, let’s celebrate her. Then, every day from here on, let’s make sure we’re doing better by her.

Wopila tanka — thank you for fighting for environmental justice!
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

Our Ancestors Risked Their Lives

Mary Annette Pember
Indian Country Today

ODANAH, Wisconsin — It was the blue ceiling that got me.

Although St. Mary’s Catholic Church is tiny, its vaulted ceiling soars to an unexpected height. It’s an impossible robin’s egg blue or the hue of a blue sky that could never exist. Unexpectedly, it drove my heart into my throat, where it stayed for several minutes. That blue color obliterated journalistic objectivity, placing me back into a wordless, needy childhood.

I realized at last that the ceiling was the same color as the little blue Virgin Mary medal that lived between my mother’s breasts, fixed to her brassiere with a safety pin. That medal would gaze back at me when we laid down in bed together for afternoon naps, at bedtime or just to visit. Those were the times she told me the Sister School stories, her life at St. Mary’s Catholic Indian boarding school and her childhood on the Bad River Ojibwe Reservation in Wisconsin.

The little church is all that remains now of the mission school buildings. 

Read more the entire article at: https://indiancountrytoday.com/news/our-ancestors-risked-their-lives-and-freedom

Tribal Department of Child Welfare

Lakota Law

Aƞpétu wašté from the Cheyenne River Nation. As you know, the welfare of our children has been a longstanding issue for Native communities. Centuries of colonization means we’re always in the crosshairs. As I discuss with my granddaughter in today’s video, our people are marginalized — especially our young parents and grandparents — by the State of South Dakota and the Department of Social Services, and our children are taken from us at an alarming rate. 

Watch our video to learn more about our work for the children.

We have worked to solve this problem for decades, and we have specifically confronted issues surrounding the Indian Child Welfare Act. In my work with Lakota Law, I’ve seen a lot of grandparents raising their grandchildren. This ultimately spurred me and others to create the Wasagiya Najin (Standing Strong) Grandmother’s Group at Cheyenne River. Wasagiya Najin focuses on what’s happening to our grandchildren, and we dedicate our time to improving our communities’ health and wellbeing from a Lakota perspective.

Our vision encompasses both a Children’s Village on Cheyenne River and a plan to create a Tribal Department of Child Welfare. I’m happy to share with you that we’re well on our way with the village — a place where siblings can stay together and children won’t be lost to the system or worry about aging out. We already have three homes and kinship parents (we don’t use the term “foster parents”). We’re doing all this with support from the tribe, but it is a community-based and operated children’s village, not run by our tribal government.

A tribally-run Department of Child Welfare will be the next big step for us. A centrally-located, multi-service center, it would offer needed support for our parents and grandparents. Right now, it’s far too complicated for parents to access services and resources from the State of South Dakota, which is the only entity handling foster care and adoption on the rez. Our vision will make things easier, give tribal members more autonomy, and also hold us accountable. It’s not our way to terminate parental rights. Instead, we promote family restoration. Children want to be with their families and their people. If we approach it from a Lakota perspective, we can make that happen for many young ones.

We take the pandemic seriously out here, and that has slowed things down. But right now, we’re organizing on the ground and distributing a one-page, anonymous survey identifying family circumstances and gathering feedback about the potential for a tribally-run Child Welfare Office. This data will help us request a reservation-wide hearing and present effectively to our tribal government, which is willing to work with organizers and hear testimony. We’re not looking for approval or permission. We grandmothers have heart for our people and our children, and that’s all we need to get it done!

It’s an exciting time, with positive change happening now and more on the horizon. We’ll have much more to tell you as we move ahead, so please stay with us.

Wopila tanka — thank you for supporting our children!
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

Lakota People's Law Project

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

Water

The key to life and liberty is access to water, Water is Life. The clue to what is happening across the world as a certain class seeks to totally control is what is being done in Standing Rock. There, in 2016, the government was able to try out their new military-grade weapons to control the peaceful protest. There in Standing Rock, we witnessed a rehearsal for complete control and domination. Now, the water is being confiscated.

This is environmental warfare.

Lakota Law

The Dakota Access pipeline’s threat level is at an all time high for the people of the Standing Rock Nation. In a new video we made in partnership with Standing Rock, you’ll see the distressingly low water levels in the Mni Sose, our sacred Missouri River. You’ll also hear Chairwoman Janet Alkire address the oil company’s lack of adequate emergency response planning for the pipeline’s inevitable spill. It’s critical you stay with us and be ready to assist as soon as the Army Corps of Engineers releases DAPL’s Environmental Impact Statement (EIS).

Standing Rock Chairwoman Janet Alkire addresses DAPL’s inadequate emergency plan, the Missouri River’s low water levels, and the elevated threat to her people.

As you heard a few weeks back, an Army representative came to Standing Rock to meet with tribal leaders from across the Oceti Sakowin. He listened to presidents and chairpersons, elders and community members, and he told us he heard our concerns. We hope that’s true. But since that day, it’s been a game of wait and see, with no movement from the Army and no release of the EIS — which, of course, was prepared by a pro-oil firm. It’s almost as if they know we’re not going to be happy unless the pipeline is shut down, and that we have a legion of supporters ready to engage in favor of an honest process.

In my dual capacities as Lakota Law’s co-director and a special consultant to the chairwoman’s office, I’m here to amplify your voices and those of my people. Lakota Law’s communications and technical teams have been hard at work for months helping the Alkire administration upgrade the tribe’s digital infrastructure and outreach capabilities. As part of that, we also collaborated with the tribe’s Game and Fish Department to access remote areas of the reservation and film 30 miles of the river, capturing first-of-its-kind, comprehensive drone footage near DAPL’s crossing. As you’ll see, the footage shows clearly that water levels are dangerously low, and that any spill would pose a special threat right now.

We will continue to do whatever we can to support Standing Rock and all those within the Great Sioux Nation to push back against Big Extraction. And, of course, we’ll keep you updated on developments. Please stay tuned and ready to take action!

Wopila tanka — thank you for always standing with Standing Rock.
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Protect the Indian Child Welfare Act

Lakota Law

As we’ve been reporting to you for some time, Big Oil’s most powerful attorneys are attacking the Indian Child Welfare Act (ICWA) at the Supreme Court level. The legal effort is being led by Gibson Dunn, a firm notorious for helping fossil fuel goliaths evade environmental protections. With the Brackeen v. Haaland lawsuit, Gibson Dunn is attempting to eliminate tribes’ rights to keep Native kids in Native care. As you know, Lakota Law is fighting back against this frightening attack on Indigenous sovereignty.

We’re preparing an amicus curiae brief — more details on that below — for the Supreme Court’s consideration during its next session. We also recently had a strategy meeting in New York City with attorney Steven Donziger, another of Gibson Dunn’s targets. On behalf of Indigenous People in the Amazon, Donziger won a landmark judgment against Chevron for dumping billions of gallons of toxic waste into the rainforest. Gibson Dunn then used every dirty trick in the book to turn the tables on him, and now he’s been under house arrest for years. We’ll work to connect Steven to resources that can help him find solutions to his legal problems.

Lakota Law

In South America and North America alike, as Indigenous people, we’ve seen a blatant disregard for our lives played out for hundreds of years. That’s why we’re doing everything we can to ensure ICWA is protected, right now. We know this law inside and out. Former South Dakota Senator James Abourezk, who chairs Lakota Law’s Board of Advisors, was the principal author of ICWA, and a decade ago we were contacted by the Justice Department to propose implementation guidelines.

Our amicus brief will make three arguments designed to counter flawed positions taken by Gibson Dunn and the rest of the opposition’s legal team. First, our lawyers will explain that granting tribes the sovereign right to determine what happens to their children is not reverse racism. Second, we will say there is no violation of the U.S. Constitution or the Tenth Amendment when states are required to enforce federal law. And finally, federal, executive branch agencies — in this case, the Bureau of Indian Affairs — must be able to publish and enforce rules and regulations under their purview.

ICWA is a well-intentioned, well-written law with enforcement guidelines we know to be solid. Since going into effect more than 40 years ago, it has helped countless children remain with family, live healthy lives, and maintain a deep understanding of who they are and where they’re from. We can’t go back to the days of government-mandated mass cultural erasure. We must continue to stand together for the Earth and our future generations against the fossil fuel industry and its high-powered attorneys, whatever the costs. It’s up to all of us, and your friendship and care mean we can keep fighting for justice, every day.

Wopila tanka — thank you for supporting our legal work!
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Alert System

https://indiancountrytoday.com/news/state-approves-1st-alert-system-for-missing-indigenous-people

Chris Aadland
Underscore.newsand Indian Country Today

Beginning soon, when Indigenous people go missing in Washington, social media, radio airwaves and highways will be blanketed with their information to hopefully lead to them being found — the first state in the U.S. where that will be guaranteed.

That’s because Gov. Jay Inslee on March 31 signed House Bill 1725, creating the nation’s first statewide alert system for missing Indigenous people during a ceremony on the Tulalip Reservation in front of tribal leaders and community members, state officials and lawmakers. The bill was proposed by Washington Attorney General Bob Ferguson and sponsored by Rep. Debra Lekanoff, Tlingit and Aleut.

When operational, the system — similar to the state’s “silver alert” for missing vulnerable adults — will help identify and locate missing Indigenous people, who, especially women, go missing at disproportionately high rates and face higher rates of violence and murder compared to other ethnic groups in the U.S.

Advocates like Lekanoff say the measure is just one step in addressing the complex crisis, but it’s another signal to “Native Americans who have said no one is doing anything to stop the crisis of our missing and murdered Indigenous people” that policymakers are acknowledging the problem and working to address it.

“There’s no one solution to help us in our Native American community address the crisis that’s happened to our women and our people,” Lekanoff, a Democrat and the only tribal citizen in the state Legislature, said in a March 30 interview before the signing ceremony. “This is one of many tools in the toolbox.”

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When activated, the first-of-its-kind alert will broadcast information about missing Indigenous people on electronic highway signs, through radio messages and across social media. An activation will also include the state alerting local and regional media through press releases. The bill is also meant to lead to better communication and coordination among law enforcement departments and other agencies in investigating cases, Lekanoff said.

The state Legislature unanimously approved the legislation earlier in March, reflecting a trend of Washington, other states, tribal governments and organizations, and the federal government increasingly working to address the crisis of missing and murdered Indigenous people.

Washington Gov. Jay Inslee signed a bill that creates a first-in-the-nation statewide alert system for missing Indigenous people on March 31, 2022.

Washington Gov. Jay Inslee signed a bill that creates a first-in-the-nation statewide alert system for missing Indigenous people on March 31, 2022.

In Washington, those efforts include a Missing and Murdered Indigenous Women and People Task Force created by the state Legislature last year to come up with recommendations of how to address the crisis in the state. The group began meeting late last year.

The 23-member group includes tribal nation leaders and community members, tribal advocacy organization representatives, state lawmakers, law enforcement officials and others. The task force is meant to build on the previous work of tribal nations and advocates in identifying the problem and potential solutions in Washington — where, according to the Urban Indian Health Institute (UIHI), Indigenous women are more than four times more likely to go missing than white women — and elsewhere.

Related:
Legal system fuels missing relative crisis
‘Bring Her Home’: New film features MMIW activists
Violence against Indigenous women is a crisis, report finds

In Washington, the problem is among the worst in the country. According to a 2018 report from UIHI, the group found that more than 5,700 Indigenous women or girls were reported as missing or murdered in 2016. The organization, which is a division of the Seattle Indian Health Board, also examined more than 500 cases from 71 U.S. cities, finding that Washington had the second most cases as a state, with Seattle having the most among the cities studied. Tacoma had the seventh most cases.

During the ceremony, Ferguson, the state attorney general, said the legislation was one of the first accomplishments the task force could point to and said other states could look to Washington’s alert system as a model to tackle the problem.

He also pledged that the alert system wouldn’t be the last reform “to ensure that we bring everybody back home” and that cases involving missing Indigenous people should include “accountability and justice.”

The Washington State Patrol will be responsible for operating the system, but Lekanoff said the missing and murdered Indigenous person task force, as well as broadcasters and the state Office of the Attorney General, will work together to develop and implement the plan. She said she hoped the system would be designed and implemented soon.

“Missing and murdered Indigenous women and peoples is not just an Indian issue; it’s not just an Indian responsibility,” Lekanoff said during the March 31 ceremony, adding that the bill “brings together all of our governing bodies to collaborate, to take care (of) those who have been taken, those who have been lost and those yet to come.”

The ceremony also included Gov. Inslee signing several other bills affecting tribal nations and Indigenous people, like one strengthening tribal consultation guidelines in spending money for climate protection actions and another allowing Indigenous people serving sentences in tribal jails to be transferred to a state prison, where inmates have better access to rehabilitative programs, services and training.

In legislative hearings earlier this year before the bill was passed, and during the signing ceremony, supporters said the cases of missing Indigenous people often don’t receive the same level of attention or urgency as cases involving people of other groups. That means the burden of raising awareness about a missing person frequently falls on family members and friends.

Tulalip Tribes Chairwoman Teri Gobin said at the signing event that the lack of awareness contributed to perpetuating a feeling among Indigenous people that they “didn’t matter.”

“We’re finally getting to that place where we’re righting some of those wrongs,” she said.

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This story is co-published by Underscore.news and Indian Country Today, a news partnership that covers Indigenous communities in the Pacific Northwest. Funding is provided in part by Meyer Memorial Trust.

Underscore is a nonprofit collaborative reporting team in Portland focused on investigative reporting and Indian Country coverage. We are supported by foundations, corporate sponsors and donor contributions. Follow Underscore on Facebook and Twitter.

Missing And MurderedMissing And Murdered IndigenousMissing Relatives

Chris Aadland

By

Chris Aadland

Chris Aadland, Red Lake and Leech Lake Ojibwe, is a reporter for Indian Country Today and Underscore.news. Follow him on Twitter: @cjaadland

The Dream

Lakota Law
Lakota Law

On Aug. 26, 1963, the Reverend Dr. Martin Luther King, Jr. delivered his iconic “I Have a Dream” speech on the steps of the Lincoln Memorial in Washington, D.C. As you know, his powerful oratory laid out a vision of unification, calling for civil and economic rights and an end to racism. And yet, we still have a long way to go before his dream can become a reality.

On Monday, as we celebrated Martin Luther King Day, the Lakota People’s Law Project joined the Indigenous Peoples Movement (IPM) and Warrior Women Project to host an online panel discussion titled “Are We Fulfilling the Dream?” You can find the entire roundtable on our social channels, and we’ve also cut together a shorter video with some highlights for you here.

Watch: IPM’s YoNasDa LoneWolf was joined by Madonna Thunder Hawk of Lakota Law and Warrior Women Project — and a diverse crew of BIPOC thinkers — to discuss racism and civil rights on MLK Day.

As a mixed-race Black and Yamassee woman, I’m proud to work not only for Lakota Law but also for my tribe as its Cultural and Government Liaison. I am also an IPM coalition member, and as such, I’m embedded every day in the movements for Indigenous sovereignty and Black liberation.

Sadly, many in this land are still working overtime to protect and propagate systemic exploitation. Just yesterday, the U.S. Senate met to debate a pair of voting rights bills — the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act — which would implement voting protections especially helpful to People of Color. But conservative lawmakers are refusing to support these bills, leading to calls among liberals for filibuster reform so that a simple majority could pass them. Indeed, the filibuster is an antidemocratic institution; at a minimum it should be partially set aside to allow civil rights legislation, such as voting rights bills, to be passed by simple majority. 

At this critical moment, we can’t lose more ground in our battle for equity and justice. If we don’t stand for democracy now, we may never have the chance again. If you haven’t yet done so, you can use Lakota Law’s Action Center to write to your senators and tell them to safeguard the future of our democracy by reforming the filibuster and passing both voting rights bills! 

Please watch and share our discussion, and take action to create a more inclusive future. We can still fulfill the dream shared by MLK and John Lewis. We can let freedom ring from every mountainside. But we must act as one for the benefit of all.

Shonabish — thank you for standing for justice and equality!
Earth Hadjo
Social Media Coordinator
Lakota People’s Law Project