Eaglemanz Communiqué's

What would you do with $310 million?

2012-02-09T11:19:00.002-06:00

What started as a musing question on Facebook had to be moved to my blog. There just wasn't enough room to post my thoughts there.

Last night the Powerball was at $250 million, but with no winners, it jumped up by $60 million to the 5th largest Powerball Jackpot. And if no one wins on Saturday, it is conceivable that the next Jackpot could jump to over $400 million.

Here in Oklahoma, we have the option of cash or annuity payments. The future is uncertain, so if I won, I would opt for a cash payment, which would be in the amount of $193.4 million. I don't know how much more will be taken by taxes, but how much money does a person really need?

First, I learned from watching a documentary about big winners who went broke after a year or two, They squandered their money on expensive useless things to give them a sense of status, got conned out of their money, or drugs devoured it. They talked about all the letters they received from people they didn't know with a sob story and if they could send them some money. Relatives they never knew they had came out of the woodworks wanting a piece of them.

The safety of my family is my first priority, if I won, I would not claim the money in my name. I'd set up a trust through an attorney to protect our privacy, and the jackpot would be collected in that manner. I wouldn't brag about it, but I would get busy of pursuing my dreams and visions.

Some, and in no particular order, are listed below"

Establish a scholarship after securing commitments from a university or college, professors and other professionals to develop a curriculum of governmental studies based upon traditional Native philosophies & principles to provide our people with leaders who won't just go along with the system. These graduates would be the ones who may run for public office from municipalities to federal offices, including the White House. It isn't enough to support a person just because he or she has Native blood, it would take more than that, otherwise they are no different than any other politician. But they cannot do it alone, so on to my next vision.

In a collective effort, create a political party that is based upon Native philosophies and principles that is open to everyone. Regardless of race, sex and even tribe, we are confronted with a system that does not want to accept, let alone allow change in the way things are. Somehow, we need to arrive at a point where we can elect enough people to establish a majority.

Another project is to incorporate a business that builds alternative homes utilizing alternative forms of energy. As a model, I'd purchase a square mile of land, and conduct training workshops on how to create an entire community using these principles. Then I would assist the trainees in setting up branch offices and help in getting them started to where they could have an income to keep the business afloat, while training people in their communities to propagate this work.

The community created here through this training would be open to a committed group of people who wants to live in this way, maintain a community garden, self-govern through consensus. I attempted this once, but no one was willing to let go of their comfort zone and help to build from scratch. This community would be a model for others to follow. I've got a few friends who are trying to do this already and I wish them much success. And if I win, they can count on my support, but they will never know it is me!

Another thing I would embark upon is running for Chief. Having access to funds would allow me to reach as many tribal members as possible to campaign. We have over 200,000 members, and as a challenging candidate, we do not have access to the voters registration list. The incumbents have the advantage of the tribal paper being sent to members with the Chief and council having their names mentioned in every issue. During elections, the candidates may get a mention once, but not for their issues, just that they are the challengers. The paper refuses to publish anything negative about the Chief, Assistant Chief or the Council, so readers assume they are doing a fine job. Yet, I hear many complain of abuses, but fear to speak out because of retaliation in different forms. We would like to see more transparency and accountability in the Choctaw Nation, and we'll need to find a way to make a change in this system with or without the finances to do it.

There is a need for non-profit social service programs, with properly trained people to manage it. So I would establish a foundation to help with start-ups and serve as an umbrella. For example, years ago, I spoke with someone as to how bad the need was for suitable Native foster families to take in Native children through the Indian Child Welfare Act. He said it is huge, and that he gets asked quite often by judges if there is a list of Native families who have been pre-screened and received some training to comply with the intent of the ICWA. Another aspect is to develop agencies that move beyond "band-aid" type of approaches that can have lasting effects: women shelters and rehab centers, are two examples. I'd want to see a place that does more than just give them temporary refuge or a place to clean up, but to follow up in providing the skills they need until they have attained individual stability. Otherwise, we see a revolving door effect, which the children sees and often emulates.

A media center that can allow journalists the ability to cover and report the news without being censored for telling the truth. You definitely would not see ads recruiting for the CIA, FBI, or Homeland Security! There are many reporters out there, good people, but they have to operate on a shoestring budget, if they even have that. Print, audio or visual, we could use a media outlet to bring our stories and perceptions mainstream.

Something for the youth that I would love to do is hold summer encampments for cultural immersion, self-reliance and esteem building experiences. Also do training on organizing events, demonstrations, or other activities to effect change in their communities. If we had the means to bring them together to empower them to present their voice, our future leaders would have a better foundation to build upon.

These are just some examples of what I could do with $310 million. I've never been afraid to dream big, because the picture has always been bigger than me. I'll agree that money won't buy me happiness, but it will give me the means to begin to start making a difference. Maybe those of us who live near each other should create a pool to increase our chances. After all someone has to win sooner or later!

So what would you do if you won a huge jackpot like this?

The Cobell Four: standing firm for justice

2012-02-06T16:09:00.000-06:00

There is no doubt about how important the Cobell case is to so many people, but take a moment to weigh how really important this case is, and if the settlement is really the kind of justice your ancestors really deserve? I know some people have been upset with some of the class members appealing the settlement and putting the disbursement checks on hold indefinitely. I've spoken with a few people who have said that in some cases, they weren't allowed to file their own lawsuit, and if they did, it was consolidated in the Cobell case. The first round of hearings is scheduled for February 16, in Washington, DC.

I wrote about my experience and thoughts from the hearing last summer in Washington, DC. It was really long, but you cannot detail it simply, so I'll try it here, but you can read more at this link: http://eaglemanz.blogspot.com/2011/06/cobell-settlement-knife-in-our-backs.html

This morning, Tim Giago wrote a piece about the "Cobell Four" and I'm indebted to him for inspiring me to write in support of Kimberly Cravens, Carol Good Bear, Mary Lee Johns, and Charles Colombe. I would also encourage other writers to consider writing about the settlement. http://www.huffingtonpost.com/tim-giago/slamming-the-door-on-the-_b_1254499.html

The necessity for creating this awareness isn't something trivial. Recently, the Cobell attorneys publicly released the names, addresses, and phone numbers of the Cobell Four, and told people to ask them why they were not getting their settlement checks. This action resulted in threatening and harassing phone calls. “To put my name out there for the public, I think that'sscary that these attorneys would use this tactic and intimidate me intodropping my appeal,” (Carol Good Bear) said. “I don't have protection. Ifsomebody is upset about all this and comes at me with a gun, what am I supposedto do?” Since then, their names have been removed from the letter. http://nativetimes.com/news/federal/6766-objectors-of-indian-trust-deal-decry-open-letter

Now lets' take a look at this objectively. These attorneys, Dennis Gingold, et al., are attorneys, and it is difficult to understand that they could not explain the basis of the appeal to the members of the Cobell class members. Instead, they said "Ask them!" Pretty childish way to address a question. I feel it has more to do with the fact that any changes to the settlement would scuttlebutt their multi-million dollar payday! This tactic was a way to "punish" the Cobell Four for holding up the settlement. We usually call it divide and conquer, where you manipulate a group of people to turn on each other. With actions by these attorneys, they are worse than the snake-oil salesman I compared them to.

According to the Native Times article:

"Each objector is appealing the settlement for his or herown reasons. Craven and Johns both say the settlement does not include anaccounting for how much money was lost, which is what Cobell originally set outto accomplish, and that many class members did not understand that they couldhave opted out of the deal.  Johns and Good Bear both object to the class oflandowners that the settlement creates, saying each is different and theirclaims should be assessed differently. Johns added that the tribes should havebeen involved in the process from the beginning, not just individuals."

Internet gossip states that they are only after more money. A few months ago, I spoke with a woman whose family has been fighting to be paid from a mining company that has been taken resources from their lands, which would amount to millions. When she contacted Gingold about opting out and why, she said Gingold told her that he would fight her on it. When the Cobell Four were filing their appeals, Gingold attempted to force them to put up a multi-million dollar surety bond. The court ruled against this request.

Here are just a few of the points about why the settlement is like a term of surrender, and more info on the settlement can be found at http://www.indiantrust.com:

The federal government violated a trust, and in any case where this happens, the guardian is removed from that position. IN the early 1800's, we were decreed to be wards of the federal government, and that is why our lands are restricted or held in trust, and have Individual Indian Money Accounts. That is also why they manage our natural resources. If they were removed, they would lose control of this power. I objected and ask for dissolution of the Bureau of Indian Affairs, but it was ignored.

The 3.4 billion doesn't all come to us, only 1.4 billion. The Interior Department will be given 2 billion to purchase selected fractionated lands, which they state will be given to the tribes. My feeling is that these selected fractionated lands will be high in natural resources, and the tribe will be leasing to some corporation with the Interior Department in the middle.

Any unused funds from the Interiors 2 billion will revert back to the US Treasury.

If an heir to fractionated lands cannot be found, his share will be purchased anyway. And if that person does not claim his money within 5 years, it is taken out.

Another aspect that I raised in conjunction with the forced sale of these fractionated lands is that we have an inherent right of sovereignty attached to these lands. The real estate will be purchased at fair market value, but what is the fair market value of sovereignty? Also, didn't we once care for these lands in common, the fractionation didn't become an issue until the government made it one. When these lands are gone, it is gone.

The 60 million dollar education fund? Lets assume four years of college is $20,000 as an average. Do the math and tell me how many students will go to college on just 60 million. You'll find that it doesn't even make a drop in the bucket.

And opting out was a very difficult decision for many to make in light of the likelihood another attorney would take a case that resulted in a settlement that took over 14 years. And some were not allowed to opt out or didn't understand they could. It would have been better if the decision was made first if the settlement was approved or not, before allowing people the choice to opt out.

And of the 1.4 billion awarded, subtract the expenses the attorneys, which will make it 1.3 billion, and then all the associated costs with the administration of cutting checks. The likelihood of the settlement running out of money before everyone is compensated is real.

One of the bad deals is that everyone will waive any claims to sue the government if they discover that they were ripped off for millions and can then prove it. They will have accepted their small checks and it is over.

These are just some of the downfalls to the Cobell Settlement. Some people will get more than the $1,500 people have heard about. I could use even that amount, I won't lie, but I don't believe that is what our ancestors suffered for all across this land in trying to hold on to what we have left, nor is it what our children deserve. I hear a lot of arguments that we can't wait because people are dying who will never see a check. You know what? People have been dying since this injustice started over a hundred years ago. It isn't about us, it is about our children and this lawsuit was about getting a full accounting so we could have justice for once.

Only for lack of having the finances to file my own appeal, the Cobell attorneys could not put my name out there as a target. My communications to the court went unanswered as to whether I could file an appeal without paying fees. I couldn't afford justice, but fortunately these four warriors have stood up for us and maybe this despicable settlement will be scrapped, and the fight for true justice may continue.

And for all those who are badmouthing and threatening these people, three whom are women, I know your mother did not raise you to threaten or speak badly of women like these. You only bring shame to your family and your nation. This is not how Native people are suppose to act, like rats being thrown pieces of rotten meat to turn on another. I expect better than that, so remember who you are and that this battle is for the birthright of our future generations!

Punished for saying "Hello" & "I love you" in a Native Language!

2012-02-03T13:01:00.001-06:00

Hopefully, many of you have heard about the story of a 12 year old Menominee girl, Miranda Washinawatok, who was benched from a basketball game simply because she shared a couple of words from her language that means "Hello" and "I love you". The school has apologized, but this just doesn't seem to be sufficient. Many other Native people and myself have suffered at the hands of teachers just because we spoke our language, and this has been ongoing since the boarding school days in the 1800's.
http://www.nativenewsnetwork.com/menominee-seventh-grader-suspended-for-saying-i-love-you-in-her-native-language.html

This story compelled me to send an email to the Principal, Daniel Minter, which I have posted below. If you have a mind to send a message, here is the contact info for the Principal & school:

Daniel Minter: principal@shcscardinals.org

Sacred Heart Catholic School

124 E. Center St.

Shawano WI 54166

(715)526-5328

school website: http://www.shcscardinals.org/

And please feel free to share through your networks!

Dear Mr. Minter:Through the Internet, I, as well as many other people have became aware of the trauma suffered by Ms. Washinawatok, due to the immature actions of a couple of your staff members. for simply sharing her language. http://www.nativenewsnetwork.com/menominee-seventh-grader-suspended-for-saying-i-love-you-in-her-native-language.html
This is a matter where I feel decisive action is necessary. If the teacher who heard this would have conducted herself like a teacher, with patience and compassion, instead out of anger, the results could have been different. The second teacher who joined in and ganged up on a 12 year old would have taken the same tact, then again, a different result would have ensued. But to go to the coach and enact a form of summary punishment by benching her goes beyond reason! I would expect, even for private school, there would be some form of due process to ensure fairness before someone is penalized.
The schools actions should include discipline for the teachers involved such as anger management training, cultural sensitivity training and maybe even host an event to honor the memory of Ingrid Washinawatok who lost her life in Columbia South America 13 years ago this month when she was kidnapped by the FARC guerilla's and executed. She was there to assist the Uwa people in establishing a school to protect their culture and their "Language". I hope that you do not miss the irony in this, no matter how tragic.
The summary disciplinary action taken against this young woman is a traumatic form of abuse. I speak form experience as to the punishment and humiliation I was subjected to by my first grade teacher for speaking my language. Just look at the facts, what basis did either of the teachers have to warrant suspicion that there was any element of a threat in merely sharing Menominee words that says "Hello" and "I love you" to justify their actions.
I feel that an apology from the school should go beyond words in a letter. Appreciate that you have taken the time t read my message.
Sincerely,Ben CarnesChahta (Choctaw) NationBroken Bow, Okla Hummv (Indian Territory)

"Confiscated Identities" Excerpt:Whisper n Thunder

2012-01-27T18:37:00.001-06:00

‎"The audacity of these young Native men and women assuming militant and unyielding positions not only embarrassed and angered the federal government, but it shocked other Native people who felt that they were going to ruin everything they felt they had worked for. They were proud to be Americans and had no problem reciting the pledge of allegiance and saluting the flag. However, the traditional elders, Chiefs and spiritual leaders stood with them..." Read more of Ben Carnes' article in this issue of Whisper n Thunder by clicking on the link below. Hope you'll sign our Guest Book and look around the ezine while you're there..."

This is from an article I wrote for Whisper n Thunder sharing my thoughts on a subject that has divided Native people through the assimilation process. Read more at this link: http://whispernthunder.org/Confiscated_Identities.html

Are you Choctaw, then lets connect!

2012-01-25T08:53:00.003-06:00

I have a blog at http://eaglemanz.blogspot.com/ where I'll begin to publish articles relating to the Chahta people. There are more than 200,000 of us and I know it is a challenging task since not each of us use the computer, but I'd like to begin developing demographics as we go on, share articles and news with you about other Chahta's and the business of the Nation.

As a writer, I often have a different perception and if it is my opinion, I'll state so. If it is fact, then I'll provide you with a source, but I'll also share with you the opinions of others. As Choctaw and Native people, we all have a common bond with one another. I hold the belief that from the past we can begin to plan our future from today, and from where I sit, our future looks pretty good.

You can do two things to help me start, one is to send me an email with "Chahta" in the subject line, and subscribe to my blog so you will receive automatic updates. The email is to help me begin organizing a database of Chahta people from around the world. Eventually, I'll begin to break it down by states, registered voters, and ages. This will help to give us a picture of where we are and what we can do for one another. So whatever social network you are on, please feel free to share this and we'll see how fast we can grow over the coming weeks. I anticipate my first article will come after the council meeting in February so hurry and pass this around! Yakoke!

Online Choctaw Language Classes starting in February

2012-01-08T13:35:00.000-06:00

Registration for the spring class has begun. First class forthe online community will be February.20.2012. Send names, ages, mailingaddress for all that will be participating in your house hold to : yannashushis@yahoo.com DEADLINE IS JANUARY 22.2012. IT'S YOUR LANGUAGE. OWN IT!

Yannash Scott, a certified Choctaw Language instructor,conducts this course and it allows you to work at your own pace. http://www.chahtaanumpa.org/page1.aspx

He has several Youtube videos’ demonstrating the use of the language, even incontemporary music, such as this one. http://youtu.be/tUCNai3Ydx8

And an aid to pronounce our words http://youtu.be/nDLsJ6LeGxI

We have over 200,000 Choctaws around the world, 10 in Rhode Island, and even one in Iran! So feel free to share, some Choctaw might appreciate it!

Remembering Frances Wise: a proud Indian woman

2012-01-01T13:03:00.002-06:00

RIP 1943-2011

When I heard you went home to bewith our ancestors, I was stunned. Its going to be hard knowing my Sister isn’there with us anymore, although I know you will be here in spirit. I was looking forward to coming to pay my respects, but circumstances arose that I could not make the trip across the state to spend this time with you and your family.

So many thoughts went through my mind as I reminisced. I remember your words when the Norman Chamber of Commerce asked thestudents at OU to come in regalia and dance at their 89’er centennial Land RunCelebration. You cut right through when you said, “How dare they ask us to comeand dance upon the graves of our ancestors!” I remember sacrificing my semesteron academic probation to travel around to make our counter-demonstrationhappen. Then on the morning we were to begin our walk from Capitol Hill to thestate capitol, I was content to stand back and let you and others take thelead, but you stuck the bullhorn in my hand and said “We’re ready when youare!” It was a proud day for Indian people in Oklahoma! We started off withabout 60 people, but by the time we completed the 5-mile trek to the capitol,we were at 500+.

I can’t even begin to remember how many times we went to the capitol to dealwith the governor, legislative bills or something. It was always something wewere there for to speak up for Indian people. You were there long before I evergot my act together, coordinating for the warriors in Wounded Knee in 73,fighting for women and children in Oklahoma City, and on and on. As I look backon the years, you gave and sacrificed a lot for the people. You were an exampleand role model for so many, I hope they remember and help to carry on.

There is no way I can even begin to tell your story, you shared so many with me over the years. I am very thankful for the education. I am forever grateful that I can call you family among so many others from this place called Oklahoma, such as Carter Camp & family, Richard Ray Whitman, David Hill, Pat Moss, Jackie Warledo, Glenda Deer and so many others. Your stories are important for all of us to know, and I hope that the stories will be shared many times so that our children and their children will know the sacrifices that were made for them.

I just wanted to thank you for being the proud Indian woman that you are, and what you have done for us. Now, we’ll warrior up and tighten our ranks until a young woman or man comes with that fighting spirit that you shared with many. I'll see you later and I loved you a lot!

http://swoknews.com/main.asp?SectionID=11&SubSectionID=100&ArticleID=39964&TM=72161.47

Demand Justice for Little Naomi

2011-10-22T00:27:00.000-05:00

For the Little Ones
When a little baby cries,

who was there to comfort the child?

What if that baby dies,

who will give them justice?

In the ground they now lie,

who will remember them?

Their spirits now fly

back home, back to the Creator.

Recently, a Logan County jury found foster mother, Amy Holder, guilty of felony child abuse. The jury recommended only a $5,000 fine in the bludgeon death of two-year-old Cheyenne & Arapaho member, Naomi Whitecrow. http://www.newson6.com/story/15608546/edmond-woman-convicted-of-child-abuse-in-death-of-foster-child

The sentence sparked an outrage, not just in the Native communities, but also by many parents and people throughout the world. In the social network, Facebook, Glenda Deer set up an event notification asking people to come to the Logan County Courthouse on Nov. 7th in Guthrie, OK, at Amy Holders 3PM sentencing in support of a stiffer sentence and support for "little Naomi". She wrote,
"$5,000 for killing a Indian child in 2011?!... Our Indian kids are priceless....there is NO amount of $ that can be set on ANY child...I SAY PACK THE COURTROOM NOVEMBER (7th)...!!! LET GUTHERIE FEEL THE PRESENCE OF INDIAN PEOPLE! There is no JUSTICE for indian people...it really is "JUST US" https://www.facebook.com/event.php?eid=123236737781181

Rosemary Stephens, Editor-in-Chief for the Cheyenne and Arapaho Tribal Tribune, who followed and attended the trial, initiated a letter writing campaign with the support of the Cheyenne & Arapaho. http://www.c-a-tribes.org/letter-to-the-judge
Ms. Stephens has also organized a "Campaign Justice for Naomi Rally" at the state capitol building on the South Plaza in Oklahoma City for Nov. 2nd (11AM - 3PM)

The story of little Naomi reached far into Portugal where Jonathon Eveleigh was moved into creating an online petition to the Governor of Oklahoma, Mary Fallin, and to Thomas E. Perez of the US Justice Dept: Civil Rights Division. You can sign this petition here, which is currently at 579 signatures: http://www.change.org/petitions/justice-for-naomi-whitecrow#

When I first heard about this case, I began researching and found an Oklahoma State Bureau of Investigation report which recommended the filing of charges against the foster mother, Holder. Little Naomi was placed in her care on September 12, 2008 and she was dead on January 20, 2009. Holder was not charged until a year later, after an a pathologist determined Little Naomi died from blunt force trauma to the head, abdomen, and extremities. http://ftpcontent.worldnow.com/griffin/NEWS9/PDF/1001/amyholder.PDF

The report reveals conflicting evidence with convicted child abuser, Amy Holders claims that little Naomi had "severe problems". The report shows that the previous foster parents said Naomi was a happy child, and the DHS case worker found nothing to substantiate Holders claims. In an article written by Stephens, she reports that an anonymous juror revealed that some of the jury wanted Holder to receive 25 years imprisonment, while others felt she wasn't the only one to blame, and "... the deliberation got heated". (see story entitled "Jury finds foster mother guilty, no jail time)

http://www.c-a-tribes.org/Websites/michaelwood/images/Newspapers/NewsPaper%202011/Oct.%2015,%202011.pdf

At the Nov. 2nd rally, another mother will be speaking, Yolonda Blue Horse, Lakota, whose daughter was killed by a babysitter in Texas, struggled in court for a long time to see that justice was delivered. She sent this message: "... Please say a prayer for Naomi White Crow and her family. My biggest hope is that this child did not die in vain. We hope some changes or perhaps a murder charge can be brought to light. At this rally, I will also share my part of my daughter's story. I will share what I have learned....and that is, if this woman gets off again, she is only being given, yet another opportunity, to hurt or kill another child. The same situation as the monster who killed my daughter. " Yolonda

Along with Yolanda and other invited speakers, I will be speaking at this rally as a representative of Eagle Council, a confederation of the Indigenous peoples of Indian Territory, (aka Oklahoma). We hope that our voices and prayers will touch the hearts and minds of many.

I want to see many of you there, and if it is to far to travel, please forward this to your own network. Yakoke!

Occupy Wall Street: ready for a paradigm shift?

2011-10-13T13:13:00.001-05:00

The following is comes from the blog of Colorado American Indian Movement which proposes a 10 point platform for acknowledgement and support. I've read this piece and believe that it is well written and needs to be widely supported. I would ask that this be delivered to all the other cities that are engaged in an "occupation", campus organization and anywhere else. I believe that we should hope to get endorsements from Native peoples to encourage support for the 10 points. I feel that this could be the basis of establishing a gathering of the Native First Nations to build upon and set a mandate for what needs to happen next. Please read, and repost/share! ~ Ben Carnes

Proposal from Colorado AIM to "Occupy Denver"

An Indigenous Platform Proposal for “Occupy Denver”

"Now we put our minds together to see what kind of world we can create for the seventh generation yet to come."

- John Mohawk (1944-2006), Seneca Nation

As indigenous peoples, we welcome the awakening of those who are relatively new to our homeland. We are thankful, and rejoice, for the emergence of a movement that is mindful of its place in the environment, that seeks economic and social justice, that strives for an end to oppression in all its forms, that demands an adequate standard of food, employment, shelter and health care for all, and that calls for envisioning a new, respectful and honorable society. We have been waiting for 519 years for such a movement, ever since that fateful day in October, 1492 when a different worldview arrived – one of greed, hierarchy, destruction and genocide.

In observing the “Occupy Together” expansion, we are reminded that the territories of our indigenous nations have been “under occupation” for decades, if not centuries. We remind the occupants of this encampment in Denver that they are on the territories of the Cheyenne, Arapaho and Ute peoples. In the U.S., indigenous nations were the first targets of corporate/government oppression. The landmark case of Johnson v. McIntosh (1823), which institutionalized the “doctrine of discovery” in U.S. law, and which justified the theft of 2 billion acres of indigenous territory, established a framework of corrupt political/legal/corporate collusion that continues throughout indigenous America, to the present.

If this movement is serious about confronting the foundational assumptions of the current U.S. system, then it must begin by addressing the original crimes of the U.S. colonizing system against indigenous nations. Without addressing justice for indigenous peoples, there can never be a genuine movement for justice and equality in the United States. Toward that end, we challenge Occupy Denver to take the lead, and to be the first “Occupy” city to integrate into its philosophy, a set of values that respects the rights of indigenous peoples, and that recognizes the importance of employing indigenous visions and models in restoring environmental, social, cultural, economic and political health to our homeland.

We call on Occupy Denver to endorse, as a starting point, the following:

1. To repudiate the Doctrine of Christian Discovery, to endorse the repeal of the papal bull Inter Caetera (1493) to work for the reversal of the U.S. Supreme Court case of Johnson v. M’Intosh 1823), and call for a repeal of the Columbus Day holiday as a Colorado and United States holiday.

2. To endorse the right of all indigenous peoples to the international right of self-determination, by virtue of which they freely determine their political status, and freely pursue their economic, social and cultural futures.

3. To demand the recognition, observance and enforcement of all treaties and agreements freely entered into `between indigenous nations and the United States. Treaties should be recognized as binding international instruments. Disputes should be recognized as a proper concern of international law, and should be arbitrated by impartial international bodies.

4. To insist that Indigenous people shall never be forcibly relocated from their lands or territories.

5. To acknowledge that Indigenous peoples have the right to practice and teach their spiritual and religious traditions customs and ceremonies, including in institutions of the State, e.g. prisons, jails and hospitals,, and to have access in privacy their religious and cultural sites, and the right to the repatriation of their human remains and funeral objects.

6. To recognize that Indigenous peoples and nations are entitled to the permanent control and enjoyment of their aboriginal-ancestral territories. This includes surface and subsurface rights, inland and coastal waters, renewable and non-renewable resources, and the economies based on these resources. In advancement of this position, to stand in solidarity with the Cree nations, whose territories are located in occupied northern Alberta, Canada, in their opposition to the Tar Sands development, the largest industrial project on earth. Further, to demand that President Barack Obama deny the permit for the Keystone XL Pipeline, proposed to run from the tar sands in Canada into the United States, and that the United States prohibit the use or transportation of Tar Sands oil in the United States.

7. To assert that Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions. They have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. Further, indigenous peoples have the right to the ownership and protection of their human biological and genetic materials, samples, and stewardship of non-human biological and genetic materials found in indigenous territories.

8. To recognize that the settler state boundaries in the Americas are colonial fabrications that should not limit or restrict the ability of indigenous peoples to travel freely, without inhibition or restriction, throughout the Americas. This is especially true for indigenous nations whose people and territories have been separated by the acts of settler states that established international borders without the free, prior and informed consent of the indigenous peoples affected.

9. To demand that the United States shall take no adverse action regarding the territories, lands, resources or people of indigenous nations without the free, prior and informed consent of the indigenous peoples affected.

10. To demand the immediate release of American Indian political prisoner, Leonard Peltier, U.S. Prisoner #89637-132, from U.S. federal custody.

Finally, we also remind Occupy Denver that indigenous histories, political, cultural, environmental, medical, spiritual and economic traditions provide rich examples for frameworks that can offer concrete models of alternatives to the current crises facing the United States. We request that Occupy Denver actively utilize and integrate indigenous perspectives, teachers, and voices in its deliberations and decision-making processes. Submitted 8 October 2011
American Indian Movement of Colorado
P.O. Box 292, Sedalia, CO 80135
http://colorado-aim.blogspot.com/ ; email: gtm303@gmail.com
https://www.facebook.com/pages/Transform-Columbus-Day-Denver/240030696049381

Actually, 519 years and counting!

Cobell Settlement: A knife in our backs

2011-06-22T11:49:00.001-05:00

“Real justice for these Indians may still lie in the distant future; it may never come at all. This reality makes a statement about our society and our form of government that we should be unwilling to let stand.” Judge Royce Lamberth

Those prophetic words by Lamberth became a reality on June 20 when the federal court in Washington, DC approved the Cobell settlement. There is much ado how this was a major victory as in a David and Goliath scenario. However, one only needs to read in between the fine print to know this was a serious setback. I had already suspected it was a foregone conclusion when the settlement was first announced and Obama signed off on it. This was an easy out for the government; they secured the victory, not us.

The basic provisions of the settlement are:

$1.4 billion to pay Individual Indian Money (IIM) account owners

$1.9 billion Trust Land Consolidation Fund to "purchase" fractionated Individual Indian trust lands.

Not more than $60 million for an Indian Education Scholarship Fund to assist Native people to attend college or vocational school.

More details are available at www.indiantrust.com

IIM Accounts

Initially, the estimates arrived by Cobell was that approx. 176 billion was missing from the IIM accounts. So why did she and the attorneys spend more than 2 million dollars encouraging people to accept this settlement? A settlement that only constitutes less than 2% of her original estimates? From what I have gathered by being in the courtroom listening to the attorneys, they admitted their chances of success at trial had grown smaller.

When the case first started, Federal District Judge, Royce Lamberth presided over the case. Although he was a Regan appointee and a republican, his compassion and sense of justice made him the perfect judge. He was very candid and scathing in his remarks and orders towards the Department of the Interior, which raised the hopes of the Native Plaintiffs and their attorneys. After nine years the attorneys for the Interior Department had Lamberth removed claiming he was biased against them. I told the court that this reminded me of the judge shopping that US Attorneys had done in order to gain the wrongful conviction of Leonard Peltier. The following is a glimpse of Lamberths' frustrations with the defendants.

Memorandum Opinion, 12/21/99

The United States’ mismanagement of the IIM trust is far more inexcusable than garden-variety trust mismanagement of a typical donative trust. For the beneficiaries of this trust did not voluntarily choose to have their lands taken from them; they did not willingly relinquish pervasive control of their money to the United States. The United States imposed this trust on the Indian people. As the government concedes, the purpose of the IIM trust was to deprive plaintiffs’ ancestors of their native lands and rid the nation of their tribal identity.

Defendants’ cry of “trust us” is offensive to the court and insulting to plaintiffs, who have heard that same message for over one hundred years.

The case was assigned to another federal judge who loosened many of the court orders Lamberth had imposed on the Interior department, but that judge eventually retired before it was assigned to Judge Thomas Hogan, another Reagan appointee, who approved the settlement.

The Cobell case became a series of complex trials and appeals mostly through the legal manipulations by the defense attorneys. Records were lost or destroyed, and the Interior Department was held in contempt several times as a result of refusing to comply with court orders.

The Interior Department said they would not settle until they can be assured they would have "peace". They didn't want any more lawsuits over the "mismanagement" of the IIM accounts. Without Lamberth there to hold the fire to the feet of the Interior Department, it seems as if the Cobell attorneys were willing to throw in the towel and take whatever they could get. I can understand that, but I definitely do not agree with it.

We are in a time where we as Native people need to feel a real sense of victory, a good taste of justice, but it didn't happen with the settlement approval yesterday. Don't let the press releases by the attorneys fool you; it was not a win by any measure. It was more like a retreat and the wounded were left lying in the battlefield.

An important stipulation is that by accepting the settlement, a person gives up any right to sue the federal government for claims that could have been made prior to September 30th, 2009, such as "Funds Administration Claims", "Historical Accounting Claims", and "Land Administration Claims". Lawsuits can be brought against the federal government for claims after the above date.

One of the emotional strings played upon by Cobell and her attorneys is that no one should have to die before getting their money. Native people have been cheated and dying prior to and before the implementation of the Individual Indian Money accounts in the late 1800's. A few months ago while researching the Cobell case, I stumbled across a congressional hearing held in the early 1900's where testimony was given about a case where a young Indian girl was in the custody of non-Natives and her guardians sold off some of her land to pay medical bills, even though she had sufficient funds to pay the bills. She has long since passed away, and it is possible her descendants do not know this happened. I've found many other Native people whose family have lost land but don't know how.

However, in accepting the settlement, they will never know what it is they have lost or how much money they have been cheated out of. In the 1970's I often asked my parents and grandparents about our Indian allotments, but I was told that we had none. It was only a year and a half ago at the age of 50 that I discovered we still had five acres left.

As Native people we have a common philosophy, a way of thinking, that we consider the impact our decisions of today will have upon the seventh generation ahead. With this in mind, how can we be wiling to give up so much just for money. That money will not be there for the seventh generations ahead, but keep the land and it will always be there!

With records missing and destroyed, intentionally and otherwise, we will never know what was lost through accepting the settlement. We will never know what government official or agency stole the monies or if they could be prosecuted. I believe this was one of the reasons for the settlement offered by the government and why the Congress and the President signed off on it. They want to protect the guilty by sweeping this under a rug called the Cobell Settlement.

Trust Land Consolidation Fund

Another provision of the Cobell settlement is the 1.4 billion set aside for the Trust Land Consolidation Fund. The Interior Department claimed it was a fiscal headache to manage the interests to fractionated lands, with several hundred heirs to a few acres of land. Their solution under the settlement is to purchase highly fractionated lands at fair market value and then place the lands under tribal control. And this is voluntary so it sounds like a good solution, but there is something each individual will lose and can never be compensated for. That is, if there was ever a value placed on sovereignty. If we sell the land in the face of what we have been through as Native people, the few dollars received will be gone quickly. The land will always be there.

Before the forced marches, reservations and boarding schools, we all understood that spiritual relationship with the land. While the missionaries were whipping the Indian out of the children, the military and Indian agents imposed their process of conditioning us to behave as them. Through an observation by Senator Dawes, he commented that we had a flaw in our character; we weren't selfish enough to be productive Americans. He saw that through our communal way of life, everyone had a home, no one was hungry and the children were well taken care of. The allotments, Indian Citizenship, and Indian reorganization Acts were all intended to force us into conformity to their way of life and to an extent it has succeeded.

There is something that many of us can do to reverse this and I hope that this idea will spread to the other Native communities. Regardless of how fractionated the land is, don't sell, especially if you can grow foods on it. Do your own consolidation of the land. Ask relatives if they would be willing to protect the land by establishing an agreement to keep the government from interfering with a project to grow your own healthy foods. The foods that could be grown there could out value the few dollars the government will offer you. Having a food cooperative will give you something to barter with among your own communities.

I know that some lands will not be suitable for farming, some may not even be suitable for living, but explore all your options before selling the land. If anything, a provision should have been made to increase your current land base for the people to have someplace to live or grow foods on. In some places, I know that tribal politics interferes with what you can do on your own land, including the Interior Department. I also now that some families are desperate due to poverty or other misfortunes, but this is something that the government is counting on to have you give up the land willingly. And even though they say this program is voluntary, I need to point out that it isn't as voluntary as the settlement would have you believing. In the cases of IIM account holders who have land interest, but cannot be located, the government has written, and the Cobell attorneys have agreed, that notice will be sent out and that after a period of time if the person cannot be found, that land will be purchased and the money will be deposited in the IIM account and available for disbursement for whenever that person is located.

Louise Cobell offered her statement to the court by phone at the beginning of the hearing, she said that over 99% of the Indian plaintiffs supported the settlement and the attorneys said that of all the Indian communities they visited with, the Indians were happy. I explained to the court that this was not an accurate perception because so many did not opt out because they didn't fully understand the stipulations of the settlement and that felt resigned to accept what they can since there appears to be no hope for justice in this case. Another person raised a point that she knew many Native people who don't even read mail from the federal government, along with the fact that there are Native people who do not have TV's, Internet or read the papers so there are those who weren't aware of it.

One of Cobell's attorneys dismissed this and said they are sure everyone knew about it, except those whom they have no current address for. He reiterated that 99% of the Indians thank him and appreciated the efforts. Personally, when those attorneys came to Durant, I was not aware of it until a week later. I wished I had known because I would have been there. I never received an email, letter or anything, I wonder how well attended some of these meetings actually were.

Indian Education Scholarship Fund

In order to make the settlement appealing as an act of sincerity, there is actually a $60 million limit for educational scholarship; it will be partially funded from the Land Consolidation Fund that is devised through a special formula. Along with portions being used for administrative costs to operate the scholarships. It is important to understand that some portions of the 3.4 billion will return to the US Treasury:

· The Department of the Interior will have up to 10 years from the date the Settlement is granted final approval to purchase the fractionated trust land. Any money remaining in the Land Consolidation Fund after that time will be returned to the U.S. Treasury.

· Any remaining funds in the Accounting/Trust Administration Fund, after all distributions and costs relating to the Settlement are paid, will be transferred to the Indian Education Scholarship Fund.

· Any payments for Class Members that remain unclaimed for five years after Settlement is approved will be transferred to the Indian Education Scholarship Fund. This transfer will not occur for money being held for minors and adults who are mentally impaired, legally disabled, or otherwise in need of assistance.

The 3.4 billion-settlement will actually be smaller than many have been led to believe once it is over, and some of the account holders who may not have been aware of payments in their accounts could lose them.

Breach of Trust

As I sat through the hearing, I waited to hear if there would be a response from either of the attorneys or the Judge in regards to my arguments that there was a serious breach of the fiduciary relationship that was established by a series of Supreme Court decisions known as the Marshall trilogy that decreed Indian people were wards of the federal government. In any other guardian - ward trust relationship that is violated by the guardian, they are removed and prosecuted. I made a comparison to having a knife shoved to the hilt in our backs by the defendants, and then only pulling it out less than 2% could not be construed as a victory. I told the court that it has been nearly two hundred years and that we are more than competent to manage our own affairs and that a meaningful ruling would include the dissolution of this trust and that the Indian people reorganize their self-governance through their own means and not one required by the Indian Reorganization Act. I said we want to be liberated from this relationship.

In a memorandum and order dated 7/12/05, Lamberth wrote:

The plaintiffs have invited the Court to declare that Interior has repudiated the Indian trust, appoint a receiver to liquidate the trust assets, and finally relieve the Indians of the heavy yoke of government stewardship. The Court may eventually do all these things—but not yet. Giving up on rehabilitating Interior would signal more than the downfall of a single administrative agency. It would constitute an announcement that negligence and incompetence in government are beyond judicial remedy, that bureaucratic recalcitrance has outpaced and rendered obsolete our vaunted system of checks and balances, and that people are simply at the mercy of governmental whim with no chance for salvation. The Court clings to a slim and quickly receding hope that future progress may vitiate the need for such a grim declaration.

Such a ruling would have given me the sense of justice we would all share in, but the silence in addressing this point affirmed that they are not ready to relinquish control of our assets and lands. To do so would mean they could no longer have access to the natural resources that lay beneath our collective lands; they could no longer politically dominate Native people. As it is, the hand that has the knife in our backs still remains there.

Timed to an appeal

Although the court has approved the settlement, it is not really over. The processing of checks and other aspects of this settlement will not take place for a period of 60 days in the event of an appeal. I haven't seen that point explained in the news. One reason is that if any of the conditions of the settlement is changed, then it becomes null and void. Neither of the attorneys, nor the court wants this to happen.

If there was a time to rock the boat, this is it. We may be ignored and criticized by those who only care for money, but in my closing to the court I stated that I reserve the right to appeal if the settlement is approved and that if my appeals fails all the way to the Supreme Court, I reserve my right to opt out of the case. I said I remained hopeful that we might see true justice from the court by denying this settlement.

In the settlement, there is a disclaimer that states the federal government is not acknowledging any wrongdoing, the language is similar to the apology resolution Clinton signed for the illegal overthrow of the Hawaiian Kingdom or in the Native American apology resolution. Even though Judge Hogan was publicly reported to have said the government “mismanaged these resources on a staggering scale.”

We have 60 days to submit a notice of intent to appeal and develop a brief in support challenging the fairness of the settlement. And in the meantime, everyone should keep a careful eye on the tribal governments and Interior Departments. Earlier this month, Judge Hogan allowed consultations to occur with tribal leaders to hold discussions on implementing the land consolidation. They already knew the outcome of this Fairness Hearing and were impatient to start moving forward. Don't let a single one go by quietly.

In closing, I am grateful to all who made it possible for me to be there, to all the others who made sacrifices to speak their objections to the settlement, and to those who came and bore witness to an example of the injustice we've endured over the centuries. I've reflected on so much since the hearing, and I recall a line from an article written by a Choctaw whose name I can't remember, but it begins, "If we were allowed to practice our sovereignty in the morning. What would it look like?" I've wondered about that for years, and where are we in that process. I believe that we should be proactive in this regard and begin this conversation within our own communities. We can't rely on the federal government to do this, and we already know what it looks like. And if you really look at the treaties, how often have we said that they have violated every treaty they made with us. Isn't a contract null and void if violated by a party, releasing the other party from its obligations?

Maybe it is time we take a leap of faith and begin really empowering ourselves. Some of us are capable of fighting the battles at the door, but the People need to find ways to come together and keep coming together until we have developed our alliances with one another. This isn't going to happen quickly or overnight, and it has taken a few centuries of assimilation to push us this far.

I don't have all the answers, just a principle to base an idea upon and I hope that it can begin here before we find a time where it will be too late as we have understood our respective prophecies.

I send my heartfelt prayers to all who read and share the words I have written here.

Ben Carnes

Osama bin Laden: code-named Geronimo

2011-05-02T18:53:00.002-05:00

“We’ve IDed Geronimo,” said a disembodied voice, using the agreed-upon code name for America’s most wanted enemy, Osama bin Laden."... http://swampland.time.com/2011/05/02/inside-the-situation-room-weve-idd-geronimo/#ixzz1LEh1G9iZ

As a Native man, I was genuinely stunned to learn the US had selected the name of a hero who fought to defend his people and way of life. We've been reduced to caricatures as mascots and entertainment in sports and media. Our Identity as Native people has been confiscated and labeled as "Native Americans' or "American Indians". Then to associate one of our icons of resistance is an insult. I can't even begin to imagine the horror felt by Geronimo's descendants or his people, the Chiricahua Apache. They were branded as Americans in 1924 before they were pardoned as prisoners of war, ironically.

I felt a more appropriate name would have been "Custer" or "Columbus", both murderers, but this doesn't fit with their version of history. And you would think Obama, the president who campaigned for Native votes would have been more sensitive to this point when he said, "I'm on your side. I understand what it means to be an outsider. I know what it means to feel ignored and forgotten, and what it means to struggle. So you will not be forgotten as long as I'm in this White House,...". http://www.azcentral.com/arizonarepublic/news/articles/2009/11/06/20091106summit1106.html#ixzz1LElNcIbf

This society tends to marginalize the First Peoples of this land, so maybe this shouldn't be a surprise that the hero's of Native people are still regarded as terrorists by the military and they saw no problem in making the association to Geronimo. Some people may say that OBL's skill at evading capture was a tribute in memory of Geronimo! Let's do a reality check here, who would want to elevate OBL to a glorified level?

What I've seen since the use of this code-name was revealed is shock, disgust and outraged. Here's one of many posts on Facebook: "Geronimo was NO TERRORIST, HE WAS HUNTED DOWN BY THIS COUNTRY'S OWN FIRST TERRORIST!!!!TRUTHS HURT!!THIS IS THE TRUTH, i AM A NATIVE WOMAN VET OF THIS COUNTRY, IM INSULTED!!!!!"

If we want to have a look at terrorism, shouldn't we look at the history of the US? When the Oklahoma City bombing occurred, it was called the worst act of terrorism on US soil. I beg to differ, as Native people we suffered acts of terrorism at Sand Creek, Washita, Wounded Knee and the Trail of Tears and Death, etc., place-names that remains burned into our memories and sacred in our hearts, just as the site of the World Trade Center or the Oklahoma City National Memorial has been for so many people who lost loved ones in recent memory.

I believe the President and the US military owes the Apache people an apology and a sincere one at that.

First Nations sovereignty, is it time?

2010-07-14T12:45:00.004-05:00

In 2007, the United nations Declaration of Rights of Indigenous Peoples was adopted. The only members not supporting the Declaration was New Zealand, Australia, Canada and the United States. Since last year, New Zealand (April 19, 2010) and Australia (April 3, 2009) adopted this resolution, leaving only the US and Canada. In April 20, 2010, U.S. Permanent Representative to the United Nations, Ambassador Susan E. Rice said that the US would review the Declaration. On June 25th, 2010, I learned that the State Department was accepting written statements, the deqdline is July 15. The link is here: http://www.state.gov/s/tribalconsultation/declaration/

From my point of view, I saw that a door was open to where we could present the issue as we have fought for it for so many years. This was a moment to speak the truth as I come to know it, and there is so much reality that is shared and supported by non-Natives in a time where unprecedented crisis's and challenges is pending before us.

As Native people we were bestowed the responsibility of caring for the Earth, but we've been dispossessed through machinations of deceit and force. In those centuries following first contact, we have been conditioned to become the anti-thesis of what we once represented. We remember, but it has became difficult to live in accordance with what we know.

Some people may believe that the US will never agree to the points I raised in my statement below, but when you consider the reasons why the US and Canada are the only ones who have not adopted this Declaration then it is understandable, but that doesn't mean we shouldn't address it. I see no reason to let them off easy, and cheat ourselves in the process. It is way past time to stop asking the government to do what it is supposed to be doing. We need to tell them.

The US was never our government, it accumulated the forces and the weapons of war that exiled many people from their homelands. And even today the mindset that a conquered people is supposed to remain conquered is indicative of racial superiority. We need to stop asking, start telling and start doing. Self-empowerment is going to come from within.

I've had a lot of thoughts and time over the years to think and observe what others have done. I've also seen what our own obstacles have been in our progress, more often than not, it is our racism, sexism and especially our tribalism's. In order to move forward and beyond, we need to overcome those things and develop some unifying principles across many lines. We've all became isolated in our work/causes that it appears we are having little effect.

I am really interested in feedback, and it doesn't have to be on this blog site, you can contact me through email or my number. Thanks!

Statement of Ben Carnes, Choctaw Nation,

on the United States of America's review of the

Declaration on the Rights of Indigenous Peoples

July 13,2010

Introduction

As an Indigenous man and organizer/activist for Native rights for the past 30 years, I've carried and developed many thoughts as to the relationship this government, called America, has had with the Indigenous Peoples of this land, that we still call ours. In order for you to fully understand my perceptions, you must know that I am not an American Indian, Native American, nor am I an American. I am a citizen of the Chahta (Choctaw) Nation, but first and foremost, I am a human being.

I say this because I know the centuries of dishonor that have been shown to us through your failure to uphold treaties, the doctrines that have been used against us in your courts of law and acts of Congress that have only served to dispossess us of our lands, culture/traditions, and sovereignty.

We have endured and survived centuries of attempts to assimilate us into a Diaspora of conflicting values and principles. We've been wrongly labeled as Americans through treaties and the 1924 American Indian Citizenship Act, despite our inalienable right to define who we are. Your government has replaced our traditional forms of government with the 1934 Indian Reorganization Act, and other related acts. We are only left with an unrecognizable shell of our former selves. This is not acceptable.

When Obama went on the campaign trail, we heard many promises, and what we thought was an enlightened understanding, would finally open the doors to a long awaited sense of fairness and justice. Since the day he walked into the White House, we have seen just the opposite of those false promises. We've been promised a bigger piece of the "American Pie" before, however, as Winona Laduke has explained, “We don't want a bigger piece of the pie, we want a different pie.” This concept is what government has refused to acknowledge.

The Declaration on the Rights of Indigenous Peoples was adopted nearly three years ago, and it is not surprising to the First Nations, the Indigenous Peoples, that Canada and the United States have failed to support it. We are well aware of the legal ramifications this will have on these governments to wield control and power over our lands and resources. We feel it is time that we are truly treated as equal Nations to Nation, as Obama has promised.

With over 560 First Nations in the political boundaries of what is known as the United States, my following suggestions will only be the tip of the mountain in the manner the US can honorably begin dealing with the First Nations in the spirit of this Declaration.

Actions for Implementation

The following points are based on a real resolution of the wrongs perpetuated against the Indigenous caretakers of this land, and any reconciliation effort must include equal participation of the traditional leaders: Chiefs, Headsmen, Clan Mothers and spiritual leaders, etc. (not the IRA tribal councils & Chiefs)

1. The reliance upon the Doctrines of Discovery, Manifest Destiny and other instruments justifying the European immigrants claiming of the lands must be repudiated and/or held invalid. This includes numerous laws and acts of Congress, but not limited to the1871 Indian Appropriations Act and the

1934 Indian Reorganization Act, and the Indian Claims Commission, including other laws/acts that have worked to the detriment of the Indigenous Peoples.

2. Recognition of the sovereignty of the First Nations, as you afford to the sovereignty of France, England or any other country. This would begin to address the issues of holding our lands, resources and funds in trust. This recognition would entail recognizing and honoring treaties made with the First Nations, and the right to exercise and enforce the authority over the jurisdiction of our lands and territories. This would imply the termination of the trust status to manage our affairs and the need to eliminate the Bureau of Indian Affairs, and establish a First Nations Embassy.

3. The colonized nations of Hawai'i, Puerto Rico and others must be liberated and restored to their proper authority and jurisdiction, just as the First Nations here will expect. Once our nationhood is established, we can finally have a voice and vote within the United Nations.

This is the only honorable thing to do for all the Indigenous nations under occupation by the US Government so they may begin determining their own future and adding their voice to world affairs.

4. Convening a constitutional convention with representatives from the First Nations, and a request from traditional leaders of the Iroquois Confederacy to guide us through the process to establish a means of co-existing with each other. This is only appropriate because it was their Great Law that the US Constitution was based upon. However, it fell short in its construction.

Conclusion

As you can understand, this is by no means an exhaustive discourse on past wrongs. It represents what the US Government can do to uphold the spirit of the Declaration of the Rights of Indigenous Peoples, and a sincere step in reconciliation with actions. Indigenous nations do not need hollow or empty apologies as we have been patronized with in the past.

These points should be a starting point for including the Firsts Nations in the governance and direction that this country should take in world affairs. I realize that if the US acknowledges the wrongs and illusionary attempts to right wrongs in the past, they would be even in worse debt than the 13 trillion plus now.

For example, the Indian Claims Commission only awarded monetary compensation for stolen lands, however the only remedy for stolen lands is the return of stolen lands. The Government has attempted to settle out of court in the Cobell mismanagement of trust case, this amounts to nothing more than a cover up by the government. There must be an accounting and investigation into where the money went, and who authorized its misuse followed by prosecution where possible.

There is also the case of Leonard Peltier, I demand that his freedom be the first offering to demonstrate the US Government’s sincerity in dealing with us. I can understand the President may have a brief from the Justice Department detailing the case as being fair and just. However, there have been legal scholars from the world over who have examined the case and found that his trial was unfair and unjust. He has been widely recognized as a humanitarian, and I would ask that the President to call for a public debate on his case. We know the truth will bring about his freedom and expose lies and criminal acts by the government.

The State Department became involved in 1984 because of international outrage that he was being denied the right to practice his spiritual beliefs. At that time, Leonard Peltier undertook a spiritual fast as the only form left to him with two other men. I'm sure you can find records of that in your files.

I believe that the US has reached a critical juncture in history with the state of the economy, the Gulf Disaster and two ongoing wars, possibly a third, that it cannot afford to dismiss the points raised in this statement. Just as when the first wave of immigrants came from Europe, they needed us to survive here, now the US needs us to help survive the dangerous circumstances that are apparent today.

We know about survival, we have survived so much in the form of assimilation, racism, and genocide. We've been marginalized outside of mainstream America, unless we put on beads and feathers and dance for the tourists. As the first environmentalists, we were dismissed as superstitious heathens. When we spoke about living in balance with the land, we were called uncivilized. Then you pointed your bayonets and cannons at our children and told us we had to move to far away lands. Yes, we understand survival, and even when you outlawed our culture and spiritual practices over a hundred years ago, those ways survived your laws and missionaries, and we still continue to come together.

We are now in 2010, 518 years after Columbus brought his mentality of greed to this hemisphere, and we have survived so much. I believe it is time that, as the First Nations, your government works with us to build a confederacy of First Nations and descendants of immigrants that will fix the mess this country is in. You will never be able to do it without us, through the form of government you practice now.

I would be more than happy to come and present additional testimony at a later date, along with assisting in developing a framework to help bring the points into reality. We are looking for substance in the implementation of the Declaration, we don't need crumbs from your leftovers, nor do we want to be further patronized. If your government truly wants to serve the people, and thereby save itself, then you need us, the Indigenous Peoples of this land.

Sincerely,

Ben Carnes

bencarnes(at)rocketmail(dot)com

719-404-3466

Wounded Knee: a legacy of pain (and pride)

2010-05-03T18:50:00.002-05:00

Beginning on Friday night, the Internet came alive with word that the Army was sending three Blackhawk helicopters to the site of a mass grave. Alex White Plume had heard that they were coming to hear the people's story about what happened on December 29, 1890. There was one problem; the people were not told they were coming!

White Plume, utilizing social networks and emails via the Internet, word got out and outrage spread among the Lakota People of Pine Ridge Reservation and the neighboring Rosebud Reservation, and then across the country. When word began to circulate that Army helicopters were going to land at Wounded Knee, one person on Facebook wrote "Oh, hell no!" The call was gather warriors to prevent from allowing the helicopters from landing on or near the site of hallowed ground.

Many people began calling tribal council representatives and families who were unaware of the Army arriving in helicopters. Soon rumors began to fly that it was an arrogant show of force to an invasion.

An emergency blog radio show was set up to broadcast live coverage to report what was going on. Until some of the invited guests could come on, the host, Wanbli Tate (pronounced: Ta-tay) provided some background on Wounded Knee and why the U.S. Army arriving in this manner offended the people. About 40 minutes into this broadcast Autumn Two Bulls, grandaughter of tribal President Two Bulls, came on and reported that many people had gathered. She said they had put up a white flag just as Big Foots band of Mineconjou's had done on that tragic day.

http://www.blogtalkradio.com/wanbli/2010/05/01/indigenous-rights-movement-radio-live-from-wounded-knee-emergency

In talking with the Elders, Autumn says that there is a lot of pain associated with Wounded Knee. "Our people are standing up today to say that this wrong. Why don't the military walk in, why do they have to land in their choppers on our sacred site? A lot of the people are upset that Theresa Two Bulls did not let our people know what was going on."

Another young mother present said, "I feel like they are trying to intimidate me... I feel insulted, how dare they? How dare they do this to our ancestors buried here? You know if they are going to come and do this, and they want a healing process, why don't they come humbly? We have an airport here. Why can't they park at the airport and drive in... . How come they can’t come in like humble human beings on their feet and walk up that hill?

As Debra White Plume began to speak on the show, in a startled voice she said, "There they are! There's three of them! They're coming! They're coming! Oh my god!" She handed the phone to White Plume who said, "

"There's a lot of people from the local community that didn't know this was going to happen. So they are standing on the hilltop and they don't want those helicopters to land at the killing fields of Wounded Knee. This is a place where the 7th Cavalry came and opted to take revenge on what happen to Custer at the Little Big Horn, so we have bad feeling with them. If they just would have landed someplace else and drove in, I think it would have been accepted... .It kind of scary for us because nobody knew that they were coming. We support the story being told because we think people need to hear it from our side, but the idea of the 7th Cavalry coming in gunships is too overwhelming for us to bear." As the helicopters begin to land, White Plume said, "I'm going to hang up cause I'm going to drive out there to try to stop them. I'm going to hang up now."

Through the afternoon it appeared many people began to anxiously wait to hear what happen. The first reports came that one helicopter touched down briefly, and when the other two attempted to land, women and children ran underneath the helicopters to prevent them from landing. With that, all three helicopters left. Late Saturday night, the first video appeared on youtube from the day. Still, some people were claiming this was staged or a hoax, in spite of statements by people who were there. On Sunday, KOTA was the first mainstream media to break the story after White Plume and is family placed the video of the day on Youtube. http://www.kotatv.com/Global/story.asp?S=12413792

http://www.youtube.com/watch?v=4rmTSif15VA

And in the comment section on the KOTA site was a post by an anonymous person claiming to have been on one of the helicopter who said:

I was on one of the helicopters. We did not mean to disrespect anyone or anything. We had pre-arranged with the people at the museum and Theresa Two Bulls to land at that particular site. We were there to learn about the massacre and why it happened and educate our soldiers about how a lack of leadership and values can lead to such a horrible thing. Again, we did not mean any disrespect to the people or land. We were told that everyone was informed why we were coming and that it would be ok. Once we noticed people were not happy about us being there we decided to respectfully leave. Our apologies to anyone who felt we disrespected them or the land, that was not our intent. We feel it is necessary to educate the soldiers of today about the mistakes of the past so that they do not ever happen again! Today, 11:29:27 AM MDT

This morning, Theresa Two Bulls held a press conference and admitted it was a lack of communication and accepted responsibility on KILI radio. Leonard Little Fingeer, Wounded Knee survivor descendant commended those who kept the helicopters from landing. A video of her statement appeared on youtube at:

http://www.youtube.com/watch?v=x0MSSMBwpB8 (Part 1)

http://www.youtube.com/watch?v=-MD27uVY_s0 (Part 2)

http://www.youtube.com/watch?v=8rSkbkPAUic (Part 5)

More information has become available today. Debra White Plume provides a written account of what happened on Saturday at http://www.bsnorrell.blogspot.com/ along with more information, including a resolution that was to be presented to the tribal council today.

Many of the issues surrounding Wounded Knee in 1890 and again in the Siege of 1973 has embedded the name in the public's consciousness through books and movies. One action was the awarding of the Medals of Honor to the men in 1890. This has long been a point of contention and sadness to the descendants of the survivors. The commander who was to come to Wounded Knee on Saturday told Two Bulls there was a failure in leadership that led to the mass killing and brutality that followed.

A petition has been online for nearly two years to reach 10,000 signatures to ask the Senate Armed Forces Committee to rescind the medals. As of this writing, only 4927 signatures have been added. The petition can be found at http://www.ipetitions.com/petition/12-20-1890

I am putting this blog up to help people find all the information to find out for themselves what happen on May 3, 2010. It is past what could have been done, but what the people there will do in the future. It has always been said that when you point fingers, there are three pointing back at you. We can only learn from our mistakes and do our best to not repeat them.

Free Will - the power to change the world!

2010-03-27T21:53:00.000-05:00

As human beings, we are predisposed to making mistakes in our lives, I've made my share as each of you have. The watermark upon our character is what have we done to learn and rise above our errors? We are shaped by our life experiences, but we bear the responsibility to chose the type of person we want to be. We can make efforts to eliminate our racism and negative bias's, but there is little we can do to eliminate it in others than to share information. Those individuals will have to make up their own minds.

In looking back for the best example of free will in my life was when I was sitting in the yard of a maximum security prison in Oklahoma and made a conscious choice to reclaim my freedom. Did I try a prison break? Technically, no, I've been accused of it on more than one occasion, but what I did was make a choice that I would no longer be manipulated or threatened into silence. I broke down the walls that had kept me captive in a society that demands conformity. I gave life to my words, and backed them up by my actions. There are no chains, cells or force that can contain this power, unless we make the choice to allow it.

I knew that my words and actions would have negative consequences, such as disciplinary actions, denial of parole and severely piss off prison officials. Out of the seven and a half years I was imprisoned, I spent about four years behind the "Walls" and the rest of the time I was shuffled from one prison or another. Most of the wardens didn't want me at their prison.

In December, 1985, there was a major prison takeover, which the media described as a riot, but I was there and it was a takeover in protest of the deteriorating conditions of confinement. During the course of this takeover, some guards were severely injured, taken hostage and some destruction. Within weeks, the state legislature convened a special session to determine the causes of the riot, as they persisted in calling it. They ignored that the facility that was doubled beyond capacity, that the food was in shortage, at times inedible, or the lack of meaning jobs or activities for prisoners to occupy their time with. Instead, they blamed this incident on long hair and headbands. They reasoned it caused a rebellious nature in prisoners, so their solution was to ban the wearing of long hair and headbands.

It may be surprising to some people that case workers, and a few guards came and told me about the intended policies to force us to cut our hair. One prison employee secretly provided me with the "Draft - Oklahoma State Penitentiary Plan of Action", which included that detail among many other planned policy changes turning the OSP into a lockdown facility, based upon the standards established at the United States Penitentiary in Marion, IL., after a serious incident there in Oct. 1983. These officials felt that they had been placed at risk by the warden and his inaction, that led to the takeover, that it was wrong to blame it on long hair, especially when they knew how important it was for Native people to wear their hair long.

The corrections department was well aware that I had been advocating for the rights of Native prisoners for a few years, and for the most part had ignored us. Some of the Indian prisoners felt that I was doing nothing but making it harder on the rest of us, and that I should drop it and just do my time.

In 1982, I had been transferred to McAlester for my participation in a "barricade riot", we had taken over the dormitory of the East Cell-house at the Granite, Oklahoma prison, and sentenced to 90 days on "The Rock". This 50 man unit was a prison within a prison, divided from the main prison by a wall that enclosed us. While I was there, I began a self-study of law and prison policies. I discovered that as Native prisoners we still had rights, and that there had been a federal court ruling that ordered prison officials to allow group meeting for cultural, spiritual or religious activities. It also ordered that we be allowed to possess, beads, fans, drum and feathers, along with other items consistent with the practice of Native American religion, or spirituality.

In learning about the policies, I found that the officials in charge of "The Rock" were in non-compliance with their own rules. I learned how to file administrative complaints and did I file. I learned that in using the "system", I was documenting a pattern of policy violations and that if any retaliation was taken against me, I could show from the record what led to it. I hadn't anticipated that my actions would literally have me kicked out of a high security disciplinary unit. About a week before the completion of my 90 days, I learned that the captain of "The Rock" told the classification committee to get me out of there because he was tired of doing paperwork! For every administrative complaint I filed, it was sent to him from the Warden's office to address. Apparently, he didn't like being caught not doing his job.

In Feb. 1986, I secured a restraining order against prison officials from forcibly beating us up and cutting our hair, if we refused to comply with policy. I had already exhausted the administrative complaint procedures, and prepared an application of Injunctive relief. The policy had not been made official yet, and when a friend who was also an attorney went to see the judge about my petition, it was either coincidence of destiny that the judge was in his office watching the news when the warden held a press conference. In his statement to the media he announced that all prisoners would have to cut their hair or it would be done by force - no exceptions. This occurred on a Friday evening, and when the judge saw this he told my attorney that he would be issuing a restraining order first thing Monday morning. I heard about this through the grapevine on Friday night, so when I went to my job in the prison law library, my supervisor told me that I needed to go to the barber shop and get a haircut. I told him that just because it was policy didn't make it right and that I needed a little bit of time to type up an affidavit to as to why I was refusing to cut my hair. He tried to convince me that it didn't mean anything and I might as well cut it. My supervisor, was Choctaw, but was not raised with traditional values or principles. I explained to him prior court decisions dealing with the right of wearing long hair. He held a blank look until I advised him that I was expecting a restraining order from Judge Layden, "How do you know that?" he asked. I said call him and find out.

He called the Classification Supervisor, and then told me that he would be coming down to speak with me. I kept getting told that throughout the day, but he never came. On Tuesday morning, I received a delegation of prison officials consisting of the deputy warden of programs, the security major, classification supervisor and the officer in charge of prison mail.

Policy, mandates that legal mail is not to be opened except in the presence of the prisoner it is addressed to. They opened it to inspect it for "contraband", and handed it to me. I quickly read it and the held it out to them. They asked me what was I going to do now. I said I was going to file a motion to certify us as a class action so they couldn't cut any Indian prisoners hair. By that evening, my case was the news of the day all over the state.

I'd like to say we won the case, but the judge ruled against us in 1987, but he did so because the prison officials made a process to exempt prisoners from this policy for religious reasons. The prison officials may not have even done that, but during the course of this litigation, someone discovered a letter written from the director of the corrections department which stated that the Native American religion was in the same category as the Ku Klux Klan and the Aryan Brotherhood. This did not sit well with the Native people, and even the Oklahoma Human Rights Commission became involved in my case.

The human rights commission later presented me with an award for my actions in defending the rights of Native prisoners. I believe that the corrections department had been notified about this and it led to my being transferred out of maximum security and then later being paroled after serving seven and a half years on a twelve year sentence for burglary and knowingly concealing stolen property. Most prisoners with good behavior can be paroled after about three years on a similar sentence, but I had turn down parole hearings, choosing to remain in prison to continue fighting this issue.

After receiving this award, a prison warden told me that in today's society, I would never be successful with long hair. It is a subjective opinion and I guess it has its place, but who has the right to determine for me what is success? After being paroled, I was asked to speak at numerous events on prisoners rights, I was invited to testify before congressional committee's, and I've worked with many human rights organizations. I've traveled to the United Nations in Austria and to the country of Columbia as a human rights delegate. I've served many times as a national spokesperson for Leonard Peltier, a political prisoner in the United States, and have organized numerous events and demonstrations.

When I went to prison, I blamed the government for our problems, but today through my experiences and that realizations it has brought forth, I know when I point fingers, I have fingers from my own hand pointing back at me. If we see a problem, what are WE going to do about it. As I sat in my concrete tomb of "The Rock", I saw that complaining to others to resolve the problems I saw wasn't doing any good. I needed to address it in the most constructive way I could. That is when things happened.

Please understand that there are consequences to our actions and that we must be prepared to deal with it. Freedom isn't free and we will pay a price, don't wait until you have nothing left to lose to make a stand or we will spend a lot of time fighting to regain what we have left now. Through our actions we will create our destiny, so we must be aware of who we are and where we want to go. There is power in one person who can free their mind to begin freeing the land and the people, it only takes one to start moving forward against a mountain of injustice.