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United Nations Calls for U.S. Accountability

Posted on: Friday, 2 September 2005, 12:00 CDT

Aug. 31--GENEVA -- A United Nations committee on racial discrimination has asked the United States to respond to the Western Shoshone appeal for urgent intervention, regarding the attack on their spiritual and cultural areas by the United States and mining corporations.

Mario Yutzis, chairman of the U.N. Committee for the Elimination of Racial Discrimination, issued a formal letter to the United States and questioned why Western Shoshone sacred land and treaty rights are not being honored.

The committee pressed the United States for an explanation of expanded mining and nuclear waste storage on Western Shoshone ancestral land, and for "placing their land up for auction for privatization."

Further, the committee questioned whether the Treaty of Ruby Valley of 1863 has been abrogated and the imposition of grazing fees, trespass and collection notices, horse and livestock impoundments and restrictions on hunting and fishing.

Western Shoshone said their lands cover approximately 60 million acres stretching across what is now referred to as the states of Nevada, Idaho, Utah and California. The United States claims about 90 percent of the land base is "public" or federally controlled lands.

Western Shoshone challenge the United States' assertion of ownership, stating that there has never been a legally valid transfer, sale or cession of land by the Western Shoshone.

The United States was asked to report to the U.N. committee on the arrests of Western Shoshone while using lands claimed as their ancestral lands. Further, the United States was asked how it deals with sacred lands and whether it ensures effective participation by indigenous communities in decisions affecting them.

The United States was asked to provide an explanation of the approval of expanded mining activities in the Mt. Tenabo area in Crescent Valley and the approval to store nuclear waste at Yucca Mountain.

"Both areas are of spiritual and cultural importance to the Western Shoshone and are sites where local creation stories originate," a Western Shoshone delegation, in Geneva Aug. 8--20, said in a statement.

Western Shoshone said the appeal for urgent intervention was taken to prevent further escalation of federal assaults on Western Shoshone people and their ancestral lands. The delegation was and presented the requests.

Chief Raymond Yowell of the Western Shoshone National Council was encouraged by the U.N. response.

"We are pleased that the United Nations committee is willing to look into this. We encourage the U.S. to respond in an honorable manner and to begin to work toward a solution on this long standing matter -- for the benefit of all concerned."

In the August letter, the U.N. committee noted with concern the allegation that Western Shoshone are being denied their traditional rights to land. Further, the committee questioned whether the subsequent use and occupation of these lands by others would cumulatively lead to irreparable harm:

"The committee, in particular, has received information concerning reinvigorated federal efforts to open a nationwide nuclear waste repository on Western Shoshone land; passage of controversial legislation allowing for distribution of compensation for the alleged extinguishment of Western Shoshone title over land; alleged legislative efforts to privatize Western Shoshone lands for transfer to multinational extractive industries and energy developers; and alleged seizures of Western Shoshone livestock and imposition of heavy trespass fines against Western Shoshone people."

Further, the committee questioned the United States' assertion that the Western Shoshone people lost their rights to their ancestral lands, as identified in the 1863 treaty, as a result of "gradual encroachment" by non-American Indians.

The committee asked whether this violated the right of everyone, without discrimination, to own property alone as well as in association with others.

Another issue raised was whether Western Shoshone were involved and informed of the U.S. Indian Claim Commission decision regarding their ancestral lands.

The United States was asked for its response to Western Shoshone protests over compensation in the 2004 Western Shoshone Claims Distribution Act and whether the act was fair and adequate.

Another question raised concerned Western Shoshone's access to the judicial process to assert title to their land.

The committee's letter was issued on the final day of its 67th session, Aug. 19, after a private meeting with representatives from the United States. The United States was informed that the questions presented were based on the request from the Western Shoshone National Council, and by the Western people of the Timbisha Shoshone Tribe, Winnemucca Indian Colony and Yomba Shoshone Tribe.

In the letter, Yutzis said the committee appreciates the frank and open preliminary discussion, which took place Aug. 8 between representatives of the United States and the committee's Working Group on Early Warning and Urgent Action Procedure.

According to Yutzis, the United States assured the committee that reports on Western Shoshone issues, now far behind schedule (they were due in November 2003), are currently being prepared. However, the committee said it regrets that the United States has not agreed to submit the reports by a specific date.

The committee asked for a response to the questions by Dec. 31 for further examination at its next session, beginning Feb. 20, 2006 in Geneva.

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Source: Indian Country Today

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