#NODAPL

Lakota Law

I hope you’re safe and remaining hopeful despite the horrific world events taking place. The Russian invasion of Ukraine highlights once again how important it is for people everywhere to remain sovereign and free of tyranny. My heart goes out to all who are now suffering through another needless, bloody war.

Perhaps it will lend you some comfort to know that there is good news this week from Standing Rock. This Wednesday, tribal leaders from across the Great Sioux Nation will have an opportunity to sit down with the U.S. Army Civil Works and relay our concerns about the Dakota Access pipeline (DAPL). After years of our #NoDAPL resistance falling on deaf ears — as highlighted by Standing Rock Chairwoman Janet Alkire in our new video, co-produced with the tribe — the Army finally reached out to Standing Rock. This is a potential turning point, though we are keeping our expectations modest. 

Watch: In our new video, Standing Rock Sioux Tribe Chairwoman Janet Alkire discusses the importance of tribal input and gaining our consent for projects like DAPL.

We originally expected the Army Corps of Engineers to release its DAPL Environmental Impact Statement (EIS) earlier this month. But that’s now on hold, pending our coming conversation about this dangerous pipeline. This opportunity to have the appropriate government officials really listen to our concerns is long overdue.

Of course, given the long history of broken promises by the U.S. government to Native People, I take everything with a grain of salt and won’t celebrate prematurely. We must continue to stand ready to protest the EIS, should it eventually be released in any form that doesn’t fully address our concerns. 

Right now, I’m happy to say we have some additional leverage. The meeting with Civil Works will happen against the backdrop of a huge win for Standing Rock in the Supreme Court this past week. Justices shut down DAPL’s attempt to make an end-run around the environmental oversight process. 

Solidarity remains paramount if we are to achieve our goal of ending DAPL once and for all. As people from many nations gathered for our original NoDAPL stand in 2016 and ‘17, Wednesday’s meeting will bring together leaders from throughout the Oceti Sakowin — our Great Sioux Nation. We will, of course, report on the results of that conversation to you. So, please continue to stay with us. We must remain vigilant, united, and ready to act.

Wopila tanka — my deep gratitude to you for your friendship!
Chase Iron Eyes
Co-Director and Lead Counsel
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.

Regarding the Indian Child Welfare Act

FILE – In this Nov. 5, 2020, file photo the Supreme Court is seen in Washington. (AP Photo/J. Scott Applewhite, File)

The U.S. Supreme Court agreed to hear Texas v. Haaland, a case seeking to overturn the Indian Child Welfare Act.

The high court said Monday morning it would take the case reviewing the 1978 federal law. Many call the Indian Child Welfare Act a gold standard for child welfare policy.

A federal appeals court in April upheld the law and Congress’ authority to enact it. But the judges also found some of the law’s provisions unconstitutional, including preferences for placing Native American children with Native adoptive families and in Native foster homes.

“The far-reaching consequences of this case will be felt for generations,” stated the National Indian Child Welfare Association in a statement. “In a coordinated, well-financed, direct attack, Texas and other opponents aim to simultaneously exploit Native children and undermine tribal rights.”

ICWA has long been championed by tribal leaders to preserve Native families and cultures involving Native children, and it places reporting and other requirements on states.

“In keeping (Native children) connected to their extended family and cultural identity, the positive outcomes are far-reaching and include higher self-esteem and academic achievement. Further, they recognize that collaboration between sovereign Tribal Nations and state child welfare systems is effective and just governance,” the national organization stated.

RELATED:
Tribes, states seek review of ICWA
Child welfare law is battered by court. Still standing
Court strikes key provision of Indian child welfare law

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The case will be argued during the court’s new term that begins in October.

Texas, Louisiana, Indiana and seven individuals had sued over provisions in the law, and a federal district court initially sided with the group and struck down much of the law. But in 2019, a three-judge federal appeals court panel voted 2-1 to reverse the district court and uphold the law. The full court then agreed to hear the case and struck some provisions.

https://platform.twitter.com/embed/Tweet.html?dnt=false&embedId=twitter-widget-1&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3NwYWNlX2NhcmQiOnsiYnVja2V0Ijoib2ZmIiwidmVyc2lvbiI6bnVsbH19&frame=false&hideCard=false&hideThread=false&id=1498320528205090820&lang=en&origin=https%3A%2F%2Findiancountrytoday.com%2Fnews%2Fsupreme-court-to-review-icwa-case&sessionId=a283d7c97a3d93f70390dd4fe067fd2d26534208&theme=light&widgetsVersion=2582c61%3A1645036219416&width=550px

RELATED:
ICWA experts say state laws could protect Native families
‘This Land’ tackles attacks on ICWA
Supreme Court appointment could re-position tribal law
Biden administration brings changes to Indian Country

The Biden administration asked the Supreme Court to review the case, arguing that the provisions should not have been struck.

Before the Indian Child Welfare Act was passed, between 25 percent and 35 percent of Native American children were being taken from their homes and placed with adoptive families, in foster care or in institutions. Most were placed with white families or in boarding schools in attempts to assimilate them.

This is a developing story. Watch “ICT’s Newscast with Aliyah Chavez” on Tuesday, March 1 at 5 p.m. EST for more.

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The Associated Press contributed to this report. 

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International Leonard Peltier Defense Committee (ILPDC)

Lakota Law

As the co-director of the International Leonard Peltier Defense Committee (ILPDC), I have spent many years working to see justice for Leonard. A political prisoner wrongly convicted — on demonstrably false evidence — of killing FBI agents in 1975 at the Pine Ridge Reservation in South Dakota, Leonard is now 77 years old, and he’s still stuck in a Florida federal prison. In January, to add to his plight, he contracted COVID-19. 

As you may know, for many years, we’ve been asking U.S. presidents to do the only responsible and human thing: Free Leonard Peltier. I urge you to watch Lakota Law’s new video, as their media team was on hand to film our recent rally in Rapid City, South Dakota.

Watch: We rallied to free Leonard earlier this month.

President Joe Biden has the power to pardon Leonard, right now. In addition, Leonard is eligible for release under COVID-19 guidelines or compassionate release under Bureau of Prisons rules — but he has been denied multiple times. Unfortunately, Leonard can’t appeal these denials, because he was convicted prior to November, 1987.

Due to constitutional violations and prosecutorial misconduct surrounding his case, Leonard should have been freed long ago. For instance, the government originally withheld exculpatory evidence — including a ballistics report showing the shell casings collected from the scene didn’t come from Leonard’s weapon. In addition, the prosecution relied on testimony from so-called witnesses who later recanted their statements, saying that FBI agents threatened and coerced them into lying.

Leonard’s conviction was wrong from the start, and he has now suffered behind bars for decades. The many people who have called for his clemency include Nobel Peace Prize winners Bishop Desmond Tutu, Nelson Mandela, and Rigoberta Menchú; Judge Kevin Sharp, former Chief Judge of Tennessee’s U.S. District Court; Sens. Brian Schatz (D-HI) and Patrick Leahy (D-VT); and Rep. Raúl Grijalva (D-AZ). Also, in a move we believe to be unprecedented, James Reynolds, the chief prosecutor who helped convict Leonard, has called his conviction an injustice and written on Leonard’s behalf to Presidents Obama and Biden. 

Will you join us in our fight for Leonard’s freedom? To learn more about our struggle, please visit our ILPDC website.

Wopila tanka — I thank you for your care and solidarity!
Carol Gokee
Co-Director, Leonard Peltier Defense Committee
Via the Lakota People’s Law Project

“OYATE”

Lakota Law

My greetings to you from the Standing Rock Nation. Today, I invite you to experience something wonderful: Next week, Big Sky Documentary Film Festival is hosting the online world premiere of “OYATE” — a brand new feature documentary film produced by Films with a Purpose and Irrelevant Media, in association with the Lakota People’s Law Project. Big Sky has graciously also made the movie available for viewing online at the same time, and you can purchase your ticket to watch today.

Look, it’s me and Phyllis Young in “OYATE!” Please click here to watch the trailer for this heartfelt and skillfully done documentary, and purchase your tickets for the premiere on the same page.

We wanted to make sure you have the opportunity to watch this special premiere with us! Please note that the film will be available through Big Sky for a limited time. I urge you to purchase your ticket right now, then mark your calendar to remind yourself the streaming window opens on Feb. 25 at 9 a.m. PST. After that, you’ll have about three days to start watching and another 24 hours to finish.
 
Now that you’ve got all those important details, let me tell you a little more about our involvement and what you’ll see. In the wake of the protests at Standing Rock in 2016 and ‘17, our Lakota Law team worked closely with producers Brandon Jackson, Emil Benjamin, Sandra Evers-Manly, and Jennifer Martel of the Cheyenne River and Standing Rock Sioux tribes, to tell this powerful story of resistance. You’ll spend time with Phyllis Young, me and my daughter Tokata, U.S. Secretary of the Interior Deb Haaland of the Laguna Pueblo People, and many more powerful Native voices.

Lakota LawHere’s a promotional still of Secretary Haaland and other sisters in the fight for Indigenous justice. This film is really beautifully shot.

As you know, our #NoDAPL struggle at Standing Rock became an inflection point for human rights and environmental justice, a rallying cry for Indigenous people everywhere to take a stand against centuries of land theft, imposed poverty, and cultural erasure. “OYATE” successfully communicates our thoughts, as Indigenous activists, organizers, and politicians, on that complicated history.

Lakota Law

Lakota Law aided the filmmakers by providing exclusive interviews, archival footage, and perspective. The directors did a fantastic job of using a blend of storytelling tools to weave all elements harmoniously and to fully immerse you in our worldviews. The end result is a thing of beauty, ambitious in scope and, at the same time, personal and intimate. I think you’ll very much enjoy watching, and I hope you’ll find it illuminating. You may gain new understanding of our struggles for sovereignty and justice — and you’ll even meet some rez dogs! So, please watch the trailer, and then join us for this exciting premiere. I can’t wait to hear your feedback.

Wopila tanka — thank you, and happy watching.
Chase Iron Eyes
Co-Director & Lead Counsel
The Lakota People’s Law Project