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A delegation of Western Shoshone citizens arrived in Geneva, Switzerland yesterday afternoon to solicit the intervention of several United Nations human rights bodies in support of Western Shoshone land and Treaty rights. Meanwhile, Western Shoshone herdsmen (and woman) in Crescent Valley and South Fork brace for a BLM attempt to confiscate their livestock. Elko District BLM Manager Helen Hankins confirmed BLM intent to move against the Western Shoshone livestock, but would not reveal when this would happen.
Western Shoshone elder, Mary Dann responded to the most recent BLM "order
to remove", received last week, with a letter to the Elko BLM requesting
the documentation of how the United States acquired the title to Western Shoshone
lands and to explain why the BLM continues to harass her for exercising her
rights. "…Also, you can help me in understanding the harassment, which
causes me great mental pain and stress. I am not young anymore and this harassment
is now into its 28th year." The BLM has received an appeal from the WSDP
of their decision to impound, yet has stated that this is not an appealable
decision.
The delegation includes Western Shoshone grandmother and traditionalist Carrie
Dann, Western Shoshone National Council representative (and Yomba Shoshone Tribal
Councilman) Johnny Bobb, and Yomba Shoshone Tribal Council member Maurice-Frank
Churchill. They will be testifying before the United Nations Subcommission on
the Protection and Promotion of Human Rights as well as educating members of
the United Nations Committee for the Elimination of Racial Discrimination(CERD).
The Shoshone delegation is asking that the Committee recommend to the US to
enjoin immediately all impoundment and trespass notices against Western Shoshone
people, refrain from prosecuting Western
Shoshone hunters, take measures to ensure mining development and other activities
do not impede Western Shoshone physical and cultural survival, and to proceed
forthwith in binding negotiations to resolve Western Shoshone land and resource
issues with Western Shoshone leaders. Helena, Montana based non-profit Native
American law firm, the Indian Law Resource Center and the Crescent Valley based
Western Shoshone advocacy organization, the Western Shoshone Defense Project
is assisting the delegation on this trip.
Both the Yomba Shoshone Tribe, and the Ely Shoshone Tribe have filed complaints
before the CERD charging the United States government with discriminatory treatment
by failing to uphold indigenous property rights as well as discriminatory treatment
of Western Shoshone culture and the failure to respect the right of self-determination.
Recently, the Duckwater Shoshone Tribe and the Western Shoshone National Council
have added their support to the international complaints. These complaints follow
on the back of similar arguments put forth by the Western Shoshone Dann family
before the Inter-American Commission on Human Rights. In October 1999, the Commission,
part of the Organization of American States, deemed admissible the complaints
brought forth by the Danns, indicating that the facts currently presented a
prima fascia case of human rights violations. The Commission has made several
requests to the U.S. State Department to suspend trespass actions against the
Danns and other Western Shoshone. However, recent posting of trespass notices
and orders to remove indicate that the U.S. is ignoring these requests.
For over 100 years since the signing of a Treaty of Peace and Friendship with
the United States in 1863, the Western Shoshone Nation has asserted their continuing
rights to use and occupy their ancestral lands. As part of the agreements within
the Treaty, the Western Shoshone agreed to adapt their traditional lifestyles
and become "agriculturists and herdsmen." However the U.S has refused
to recognize the right to graze animals on ancestral land, ignoring the Treaty,
and arguing all rights to Western Shoshone ancestral lands have been extinguished.