International Day of the World's Indigenous Peoples, Well-Being, Health and the Keystone XL Pipeline

August 9 was the International Day of the World’s Indigenous Peoples. The theme for this year’s day was to ensure the well-being and health of the indigenous peoples. This theme comes curiously timed with events  and decisions that determine whether or not the contentious Keystone XL Pipeline will received needed permits to be constructed.

Pipeline proponents are anticipating a final rejection by President Obama, which, according to this news article, might be delivered sometime in August. 

9 days of hearings were held in South Dakota  on the issue of pipe construction through that state.

The pipeline’s planned route through South Dakota would “pass through Lakota treaty territory”   “[R]epresentatives and expert witnessesfor four tribal governments” provided testimony at the recent concluded South Dakota hearings against the construction of the pipeline. 

Calls for Summit and Congressional Investigation into Child Welfare Practices

The forced and unwarranted removal of indigenous children from their family and communities is an assimilative practice that has been decried. In the United States, the law has changed--at least on paper--to prevent the sort of wholesale removal that occured prior to the 1978 passage of the Indian Child Welfare Act.


But compliance with the requirements of ICWA and a lessening of the numbers of children that were removed from their families has been an ongoing fight ever since. It is one thing to change laws, it is another thing altogether to change practice.

For several months now concerns have been raised about child welfare practices in South Dakota. In 2011 NPR ran a report that highlighted the events that gave cause for concern about removal of Lakota children from their families and tribal communities.

In November 2012,a report detailing continuing concerns over child welfare practices was issued by "coalition of tribal directors from the state's nine Sioux tribes"

An executive summary of the report issued by the Indian Child Welfare Act Directors-- "representing six of the nine American Indian tribes in South Dakota"--
can be found here .

Further action took place with a letter sent on December 7 2012 by two US Congressman to the Assistant Secretary for Indian Affairs, which calls for "for Bureau of Indian Affairs summit and a Congressional investigation into the South Dakota Native Foster Care system".

Additional information and ways in which to get involved in this call for action can be found at the website for the Lakota People's Law Project.

It now remains to be seen what response there will be to the Congressmen's requests and the other concerns that have been raised for many long months.

Grass-roots campaign to save Pe'Sla

James Anaya, the United Nations Special Rapporteur on the Rights of Indigenous Peoples, issued a call for consultation to occur over the proposed auction of land in South Dakota that is revered as a sacred place for the Lakota, Dakota and Nakota peoples.

The auction has been cancelled, but the future status of the sacred land remains unclear at this time.

Pe'Sla has a unique and special place in the cosmology of the Lakota, Nakota and Dakota peoples.

Since word of the planned auction spread, there has been a concerted effort by individuals and tribes to raise awareness about Pe’Sla and to raise funds to try to purchase at least some of the land at the auction.


The call for consultation by the UN Special Rapporteur is one that is significant. Under the United Nations Declaration on the Rights of Indigenous Peoples, there are several provisions that address indigenous rights to sacred land such as Pe’Sla.

Article 8(2)(b) requires states to have “effective mechanisms for prevention of, and redress for... any action which as the aim or effect of dispossessing them of their lands, territories or resources.” State obligations go much further than that, however. Article 26 requires states “to give legal recognition and protection” to lands which have been “traditionally owned, occupied or otherwise used or acquired.”

There can be no doubt that Pe’Sla fits the description of lands given in Article 26. The United States should heed the call to consult with indigenous groups, but its obligations transcend mere consultation. It has a duty to protect Pe’Sla.


But waiting on the United States to take actions to protect Pe’Sla might prove fruitless. To this end, an amazing grass-roots campaign was sparked, seeking donations and raising awareness about both the sacred nature of Pe’ Sla, and how the planned auction jeopardised Pe’ Sla. This campaign, organised through joint efforts of Lastrealindians.com and the Rosebud Sioux .. call for donations to help raise money towards the purchase of at least part of Pe’ Sla.

The response has been tremendous, with on-going donations now totalling over $ 266,000 with a further contribution of funds from the Rosebud Sioux Tribe of $1.3 million.

International instruments are often criticised for providing rights that are not practically accessible. It is hoped that the combined efforts of the campaigners to save Pe’ Sla, and the call issued by the UN Special Rapporteur will result in the protection of Pe’ Sla as required by the United Nations Declaration—an instrument now endorsed by the United States. Just as grass-roots advocacy movements were the genesis for the campaign for indigenous rights going international, it seems that grass-roots movements have not lost their importance in continued efforts to promote and protect indigenous rights.

Human Blockade in Lakota Nation land: blocking transport of parts for Keystone XL Pipeline

Lastrealindians.com is carrying a story about a human blockade that was formed yesterday-- March 5-- on the Pine Ridge Reservation, South Dakota. The human blockade prevented trucks carrying parts for the contested Keystone XL pipeline from travelling on Oglala Lakota lands. The route through the Oglala Lakota homelands was planned without consultation with the indigenous groups, and further, planned the route to try to evade paying a significant sum for the use of state roads, according to the post at Lastrealindians.com: “The heavy-hauling trucks were allegedly cutting through Oglala country in attempts to avoid a $50,000.00 fee to pass through using State of South Dakota roadways.”

If the trucks had crossed the Lakota lands, it would also have been in violation of several resolutions that have been adopted by indigenous governance bodies. The story in full is at the Lastrealindians.com website.