Sioux Nation Treaty Council - est 1894

This report is being submitted in response to the Call for Inputs by the United Nations Expert Mechanism on the Rights of Indigenous Peoples on the subject of “The right of Indigenous Peoples to their Traditional economies.”

Analysis of international legal instruments and standards:

The 1894 Sioux Nation Treaty Council was established to address the issue of the Fort Laramie Treaty of 1868 which was made between the Sioux Nation and the United States (US). In Article II of the Treaty, a specific land area was set aside for the “absolute and undisturbed use and occupation of the Indians.” However, when gold was discovered in the middle of the Treaty territory, the US began an illegal and violent encroachment on the Treaty territory. As they were unable to subdue the Sioux Nation, they began the complete extermination of the buffalo, the central tenant of our Traditional Economy. This caused massive starvation and disease.

The US then allowed settlers to enter the territory, and placed the remaining members of the Sioux Nation in Prisoner-of-war camps, now called American Indian Reservations. Access to other traditionally used animals and plants including medicinal plants outside of the reservations were denied and are still denied to this day.

Although we have been approaching the United Nations since 1982 with our issue, so far we have not had any assistance. Article 36 of the original Declaration on the Rights of Indigenous Peoples that was passed by the Sub-commission on the Prevention of Discrimination and Protection of Minorities in 1994 offered a way for the resolution of this breach of the Treaty through an International Fora. However, that Declaration was not the one approved eventually by the General Assembly in 2007.

However, the UN could assist us through the UN Decolonization Committee. In order to live sustain-ably with our own traditional economy, we need the full enforcement of the Fort Laramie Treaty of 1868. The Treaty territory is large enough for us to continue to be the nation the Creator made us to be along with the buffalo and all the other living relatives that once inhabited the area.

The buffalo provided us with our clothing, tools, shelter, housing, and fuel for fires. This was and is a sacred relationship we had with the buffalo, and other living relatives such as the deer, antelope, birds, plants, and insects. These kinds of sacred relationships are completely outside of the thinking of the US. The US is too young of a nation without the spirituality and wisdom our ancient nation. We have been here for thousands of years while they are only two hundred years old.

Review existing national legal frameworks:

There are no national legal protections for Indigenous Peoples’ traditional economies. As ours is an International treaty, the US is illegally trespassing in our Treaty territory. That is why resolving the issue of the US’s illegal trespass in our Treaty territory is the only way to safeguard our lands, culture and traditional livelihood practices.

Assess governance structure and decision-making processes:

The US established tribal governments to follow the example of the US, not according to our traditional Indigenous institutions and processes. These tribal governments are the only ones who currently can make decisions that are approved by the US government.

Although there are tribal offices dealing with the environment, they do not necessarily follow our traditional ways but follow the ways of the US.

Provide insights into Indigenous traditional economic practices:

There is too much information for this small report to explain our traditional economic activities as they are also tied to our spiritual understanding. Not taking more than is needed, not taking only the tallest, or biggest of something, always remembering that the seeds and young ones must be allowed to mature so they can continue their species. Never polluting the water. Always remembering that we are all related and affect each other. These all are a part of our traditional economic practices.

Importance of Indigenous food systems and sovereignty:

The concept of food is different in our traditions. Food is the third medicine. Water is the first, and teas, or juices, are the second medicine. We recognize that our bodies cannot exist without these medicines. That puts food in an entirely different category for us and our health.

In addition, each food element, also carries its own medicine. When a buffalo was killed and provided food, we were helping it do its sacred act of completing its purpose. No matter what the food source, there were ceremonies attached including gratitude to the food source. Without the ceremonies, is the food sacred enough to be a medicine?

Highlight examples of good practices:

Because of the intense forced assimilation of our people into the American system, most of our people have lost traditional knowledge. There are a few schools and others who are teaching the young people the ceremonies regarding the killing and dressing of the buffalo. However, the impacts of climate change on our region such as extended droughts are causing less plants to be able to grow to maturity, thereby affecting the region’s ecology. Also the impacts of mining is polluting both ground and surface water in our Treaty territory. In addition, there are more than two-thousand (2,000) abandoned, open pit Uranium mines in our Treaty territory which pollutes the air, land, and water.

All of this occurs without our free, prior, and informed consent.

This information was given to the UN Special Rapporteur on Toxic Waste who was denied by the US the ability to study this information. Our report was also given to the UN Human Rights Council in 2015.

Offer concrete recommendations for States and Indigenous Peoples and other stakeholders:

In our case, we wish to be referred by the General Assembly to the UN Decolonization Committee to resolve our Treaty issue with the United States. We need to have the 1868 Fort Laramie Treaty fully enforced, and have our land returned, as polluted as it is. Our elders have said that our ways will help heal the earth and the environment.

This submission is not confidential and can be shared publicly.

Submitted by Charmaine White Face, Spokesperson

Zumila Wobaga, Itancan