INDIAN LAW RESOURCE CENTER
601 E Street, SE
Washington, DC 20003 TELEPHONE
(202) 547-2600 Facsimile (202) 547-2803 Email: ilrcdc@aol.com
For Immediate Release: April 15, 1998
Contact: Steve Tullberg -
202/547-2800 or Tim Coulter - 406/449-2006
Today the Indian Law Resource Center made a
statement to the United Nations Commission on Human
Rights in Geneva, calling upon the United States to
adhere to its obligations under international human
rights law and halt pending action to remove Western
Shoshone Indian people and their property from Western
Sho-shone ancestral land. On March 6, 1998, the
Inter-American Commission on Human Rights -- a
separate international human rights body -- formally
communicated to the United States a request that it
stay its action against the Western Shoshone while
that Commission investigates the underlying land
rights dispute. The US thus far has failed to honor
the request of the Inter-American Commission.
In 1993, Western Shoshone ranchers Mary and Carrie
Dann filed a case at the Inter-American Commission on
Human Rights to stop the United States from infringing
on Western Shoshone aboriginal land rights. The Danns
have been living, working, raising families, hunting
and grazing livestock on their ancestral land in
Nevada for generations -- lands that are inseparable
from their identity as Western Shoshone people. Their
economic and cultural survival is entirely dependent
upon the land and its resources. The lands were
guaranteed to the Western Shoshone in the Treaty of
Ruby Valley, and although they were never ceded, sold
or conquered, the United States claims the land as
"public land".
The Inter-American Commission is a body of the
Organization of American States (OAS) that was created
to promote the observance and defense of human rights
by member states. As a member of the OAS -- a regional
agency affiliated with the United Nations that governs
the relationship among the nations of North, Central
and South America-- the United States is bound by the
human rights principles that are outlined in the
American Declaration on the Rights and Duties of Man.
The Western Shoshone have now taken their case to the
United Nations Commission on Human Rights, a
fifty-three member body of UN member-states which is
currently meeting in Geneva.
On April 6, 1998, the Bureau of Land Management (BLM)
issued notices and orders to the Danns and the Western
Shoshone National Council in which the BLM declares
the Danns and other Western Shoshone people to be in
trespass of lands; orders them to remove their
livestock and property from the lands; and threatens
them with fines, imprisonment, impoundment of cattle
and confiscation of property if they fail to comply
with the order. The Danns face further enforcement of
the order unless their livestock is removed by April
21st. The fines demanded by the BLM total more than
$500,000 - $494,000 from the Western Shoshone National
Council and nearly $70,O00 from the Danns. In the last
several years the BLM has opened up the Western
Shoshone homelands to gold-mining companies --
activities that the Danns and other Western Shoshone
strongly oppose.
After being notified of the US government's recent
aggressive action against the Western Shoshone, The
Inter-American Commission on Human Rights issued a
request to the United States to stay its action
pending an investigation by the Commis-sion of the
case. Jim Anaya, one of the lawyers with the Indian
Law Resource Center who is representing Mary and
Carrie Dann, is deeply concerned that the U.S. would
refuse to comply with the Commission's request. Anaya
said, "The refusal of the U.S. to honor a
reasonable request by the Inter-American Commission of
Human Rights calls into question this government's
professed commitment to human rights generally and to
indigenous peoples in particular. The United States
should not repeat its failure to accord respect for
international law and institutions, a failure so
blatantly manifested yesterday in the execution of a
Paraguayan national in defiance of an order by the
International Court of Justice." The Center has
years of experience handling human rights cases for
indigenous peoples before the Commission, but this is
the first of its kind filed on behalf of Native
Americans in the United States.
The United States denies the continuing existence
of Western Shoshone legal rights to ancestral lands,
and it bases that denial on an interpretation of a
statute that was unilaterally emitted by the US
Congress to address indigenous lands claims. The US
persists in taking the position that it can
unilaterally extinguish indigenous peoples' rights to
ancestral lands This position is at odds with
standards that have been articu-lated in various
international forums and that appear in the UN Draft
Declaration on the Rights of Indigenous Peoples which
is currently being considered by the United Nations. ###
return to Inter-American
Commission on Human Rights of the Organization of
American States Inter-American
Commission Hears Dann Case OAS
Case Summary |