The end of the road for the Wetlands? A continuation of the “Trail of Broken Promises” and failure to protect indigenous sacred spaces

Is the 10th Circuit Court of Appeals ruling on the fate of the wetlands adjoining Haskell Indian Nations University in Lawrence, Kansas, USA the end of the road? On July 10, 2012, the 3 judge panel made a unanimous ruling that would permit the construction of a road across the wetlands.

This is despite the arguments raised to preserve the wetlands as historically significant. This court ruling is not welcomed news for those who favour the preservation of the wetlands. The court's ruling fails to capture the importance of the wetlands and their connection to the history of not only Haskell, but of indigenous peoples and their relationship, past, present and future to the United States. Commentary on the wetlands has been the subject of a previous blog post.

The 10th Circuit decision can be seen as just one more event in the chain of events that devalues the sacred spaces of indigenous peoples. As detailed in this news story, Haskell students completed their “Trail of Broken Promises” walk on June 29. The walk was in support of proposed legislation that would provide additional domestic protections for indigenous sacred spaces, the Protection of Native American Sacred Spaces Act.

This fact sheet provides an overview of the US legal protections for sacred spaces, but comments that despite these, “There are numerous existing laws intended to protect Native American sacred places and even more that can be used to do so, but most of these laws are being ignored and flaunted.”

Until the laws are adhered to with regard to sacred space protection, the "Trail of Broken Promises" seems likely to continue.

Just Say No: Obama rejects the permit for the Tar Sands Pipeline and hearing on the Haskell Wetlands

On 19 January, President Obama of the United States rejected a permit that was needed for the construction of the proposed Keystone XL pipeline, also known as the tar sands pipeline. Considerable environmental concerns as well as health concerns had been raised in opposition to the creation of the pipeline, and were the subject of some earlier blog postings here. There have been a large number of indigenous groups arguing against the construction of the pipeline, including the Mother Earth Accord (at this link, and calls to support the Mother Earth Accord by such groups as the Indigenous Alliance without Borders (information about their support of the Mother Earth Accord at this link)).

The mainstream press is filled with arguments for and against the Obama decision. Some argue that the Obama decision has destroyed the possibility of jobs and cheaply available energy with this decision; others argue that the claims of jobs and cheaply available energy were mere chimera—without basis in fact.

An article is carried on the website of Indian Country today (here) that has the reactions of politicians and indigenous leaders about the Obama decision. At this link

One of the concerns raised by the Mother Earth Accord was whether appropriate “free, prior and informed consent” had been obtained from those indigenous peoples whose land and lives would be impacted by the construction of the pipeline. The standard of free, prior and informed consent is found in the UN Declaration on the Rights of Indigenous Peoples, at Article 19 and Article 32.

There is another important event today, and that is the oral arguments scheduled in the United States Tenth Court of Appeal on the Haskell Wetlands in Lawrence, Kansas, USA, which have been the subject of prior posts on this blog. (here and here)

The UNDRIP principles are just as important to the Wetlands as they are to the lands under threat by the tar sands pipeline construction,

And Article 27 seems especially applicable to the Wetlands situation:

“ States shall establish and implement, in conjunction with indigenous
peoples concerned, a fair, independent, impartial, open and
transparent process, giving due recognition to indigenous peoples’
laws, traditions, customs and land tenure systems, to recognize and
adjudicate the rights of indigenous peoples pertaining to their lands,
territories and resources, including those which were traditionally
owned or otherwise occupied or used. Indigenous peoples shall have
the right to participate in this process.”

The unique history of the Wetlands as adjacent to the Haskell boarding school, now a four year university, certainly fit within the ambit of Article 27—and the occupation and use of these Wetlands must be respected under the spirit and the letter of the UNDRIP.

Some good news today with the Obama rejection of the pipeline, at least for now, and hopes that similar protections and respect can be granted by the Tenth Circuit District Court to the sacred space of the Wetlands.

Written by Sarah Sargent.