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

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

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.