Agenda 21, Chapter 26 is titled “Recognizing And Strengthening The Role Of Indigenous People And Their Communities”. That was in 1992. It is stunning how these goals have been implemented and advanced since that time. The United Nations (UN) has defined indigenous people as self-identified, pre-colonial and pre-settler, with a strong link to resources, distinct political systems, language, and beliefs, and being a non-dominant group.
Goals of Chapter 26 include strengthening policies to empower indigenous people; creating national dispute-resolution arrangements for land settlement and resource-management; strengthening indigenous peoples participation in formulation of policies and programs relating to resource management and initiation of proposals for such policies and programs; enhancing sustainable development (SD); protecting cultural property; creating inter-governmental cooperation; and providing technical and financial assistance to them. As seen in Part 2, some of these goals have been accomplished by the federal government.
The UN worked on Indigenous issues prior to Agenda 21. In 1982 the Working Group on Indigenous Populations began studying fundamental freedoms of indigenous peoples to develop international standards for indigenous people’s rights.
Although never ratified by the U.S., in 1989, the UN International Labor Organization (ILO) law, Indigenous and Tribal Peoples Convention (No. 169), called for countries to recognize indigenous people’s right to control their institution, life, economic development, and right to maintain their identity, languages and religions. Article 14 specifically addresses land issues, requiring states to safeguard indigenous people’s right to land “…not exclusively occupied by them, but to which they have traditionally had access…”, and procedures to resolve land claims. The Convention also calls for indigenous recognition in other areas, all of which the U.S. has achieved through federal actions.
The first action taken to accomplish Chapter 26 goals was in 1993 by WJC Executive Order (EO) 12852, the President’s Council on Sustainable Development, implementing Agenda 21. The council was comprised of federal agencies which included the Department of Interior (DOI); Environmental Protection Agency (EPA); and UN non-governmental organizations (NGO). The DOI manages the Bureau of Indian Affairs (BIA); Bureau of Land Management (BLM); U.S. Geological Survey (USGS); U.S. Fish and Wildlife Service (USFWS); and National Park Service (NPS), all of which promote indigenous rights, while the DOI continued managing the fiduciary responsibilities.
In 1995 the Department of Justice (DOJ) established a policy to empower Tribes and government relations, and protect Tribal culture, establishing an Office on Tribal Justice in 2014. The 1996 EO 13007 by WJC declared Indian access to and protection of sacred sites on federal land. EO 12852 was expanded in 2000 with WJC EO 13175, Consultation and Coordination with Indian Tribal Governments, giving Tribes a greater voice in federal policies by placing an Indian office in each federal agency. BHO reinforced EO 13175 in 2009 with a memorandum instructing all federal agencies to submit plans to implement EO 13175. In 2011 the EPA signed a memorandum of understanding (MOU) with the United Nations Environment Program (UNEP) to “…share common goals and objectives…”, and through this partnership how UN Sustainable Development goals are being achieved by the EPA. Other federal agencies promoting the same can be found here.
Those are some accomplishments for Agenda 21. But the UN expanded Chapter 26 goals.
In 2007 the UN revealed its United Nations Declaration on the Rights of Indigenous Peoples (DRIP). The essence of this declaration is the recognition of indigenous collective rights for culture, language, identity, employment, health, education, and prohibiting discrimination. There are 46 articles in this document outlining indigenous rights. Some of those rights are directly related to U.S. history such as rights to self-determination and self-government; not being subjected to forced assimilation or cultural destruction or forcibly removed from their lands or territories; not be dispossessed of their land, territories or resources; practice cultural traditions; control educational systems in their own culture and language; administer programs through their own institutions; and right to traditional medicines. Most of these have already been enacted in U.S. law.
More terrifying however are the articles on indigenous rights to the lands, territories and resources which they have traditionally owned, occupied or otherwise acquired; compensation for lands, territories, and resources they have traditionally owned, occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent; and that compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
Although never officially recognized or adopted by Congress, through BHO, this declaration is “supported” and being implemented. In 2007 the DOI appointed an individual as Counsel to Assistance Secretary-Indian Affairs who had actually worked in partnership with the UN on the rights of Indigenous Peoples. The DOI, in 2010, called for a review of DRIP and subsequently, after a “review” by federal agencies, BHO declared U.S. support in 2010 while outlining his accomplishments in meeting some of the declaration’s goals. The Department of State also supported this BHO declaration to “address the consequences of history”. A representative from Interior Indian Affairs proudly announced BHO’s decision to support DRIP at the UN in 2011. One month later that same individual announced to the UN DOI’s commitment to give land back to the Tribes (Page 4). There was no Congressional approval for this.
Not satisfied with just governments implementing their agenda, in 2011 the UN created the United Nations-Indigenous People’s Partnership (UNIPP), a full partnership with indigenous groups to advance the agenda and carry out DRIP mandates. This includes partnerships between UN organizations, indigenous groups, and other UN bodies such as non-governmental organizations (NGO). In 2012 UNEP developed a guidance policy for member states to use in policy development and bring indigenous people into closer partnership with the UN.
In 2013, EO 13647 established the White House Council on Native American Affairs that includes inter-governmental agency coordination on Indian affairs. Not surprisingly, the first meeting didn’t include any Tribal leaders. Following that in December 2014, BHO announced to Tribal leaders his intent to restore tribal homelands and resolve water right disputes, both commitments to Agenda 21 and DRIP.
The DOI strategic plan 2014-2018 actively implements DRIP. In this plan the DOI outlines commitments to strengthen tribal nations; restore tribal lands; establish strong relationships with tribes; fulfill commitments for water rights; develop and increase energy resources; preserve and enhance cultural interests and sacred sites; convert 500,000 acres from fee to trust; enhance water availability to tribes; finalize and implement water rights settlements; provide technical assistance and ecosystem restoration; secure water supplies; protect tribal water rights; improve infrastructure; honor and protect cultural resources; and protect treaty rights. This will all be accomplished through DOI partnerships with other federal agencies, that “inter-government” collaboration. If anyone wants to know the direction American citizens are headed with land and water rights, this plan tells you. An outline of the plan was presented to the Indian Affairs committee in 2011 and as a result there has been legislation introduced and passed for implementation.
RESTORING LAND
In 2014 Michael Crapo (R-ID) was responsible for the Blackfoot River Land Exchange Act which restores previous land held by the Fort Hall Reservation and compensation for land lost in the exchange.
Jon Tester (D-MT) has taken it upon himself to sponsor laws that would restore water and land to Tribes in four states. Tester also introduced S.732 which would give the DOI the ability to take land back into trust even though a Tribe is not federally recognized, overturning a Supreme Court decision. Six bills were passed in November, 2015, four of which put land into trust on behalf of Tribes.
Having made previous attempts to extend Tribal land, Senator Harry Reid (D-NV) introduced legislation this year to declare Nevada land should be held in trust for Tribes as reservation land, including Duck Valley. Rep. Kurt Schrader (D-OR) introduced a bill that would allow the DOI to take into trust additional lands for the Siletz Tribe from the original 1855 Siletz Coast Reservation. Fortunately going nowhere, the America Indian Empowerment Act 2015 by Rep. Don Young (R-AK) would fulfill DRIP by granting fee land back to tribes.
Land at Fort Wingate in New Mexico, an abandoned military installment, was given back to the Zuni Tribe and Navajo Nation in 2014, another example of how the federal government places land “in trust” for Tribes, along with all the resources.
The DOI implemented the Native American Graves Protection and Repatriation Act (NAGPR) in 1995 granting Tribal rights to human remains and sacred objects. In 2015 the DOI pulled together other crony federal agencies for an MOU to protect Tribal sacred sites, not only on federal land but private land as well. The U.S. Forest Service (USFS) will help with this as well, along with other commitments.
The federal government is also spending 1.9 Billion to buy land back for placement into trust for Tribes per DOI Secretarial Order 3325. Here is the 2015 status report. But the truth is, that land is going into federal hands who are probably drooling at the opportunity to promote another UN goal, economic development. Tribes working with the government to implement SD practices as seen in this 2014 CDA Reservation Comprehensive Economic Development Strategy, loaded with UN ideology. The government is lying to Tribes when it says this scam will restore tribal lands. It is putting land into government hands for future manipulation towards UN goals. It couldn’t be better stated in this Standing Rock Sioux Tribe agreement, “Consolidated interests are immediately transferred to Tribal governments and stay in trust for uses benefiting the tribes and their members.” What has the federal government ever done with fiduciary responsibilities for Tribes that is ethical? It was the Cobell lawsuit, filed because of fiduciary mismanagement, that created this land buyback program in the first place. And now Tribes are being deceived again. Your tax dollar, “awarded” to Tribes, then used by Tribes to buy land which goes into federal hands.
These are only a few examples of how the federal government is working to achieve the UN DRIP agenda to restore land to Tribes. Other legislation related to land issues can be found here.
According to the UN NGO National Congress of American Indians document, on pages 26-27, the DOI has placed about 9 million acres of land into trust for Tribes since 1934 stating it represents only about 10% of 90 million acres lost. Idahoans better start pulling together and revolt against any further land confiscation as this issue will only worsen.
WATER
Established in 2009, the DOI has an Indian Water Rights Office for the purpose of oversee implementation of water settlements. The Bureau of Reclamation also supports Indian water rights. The DOI was successful in getting legislation passed in December, 2015 that provides technical assistance and funds for energy while giving preference for hydroelectric licenses to Tribes.
The 2009 U.S. Supreme Court decision, Carcieri v. Salazar, held that under the Indian Reorganization Act of 1934 the federal government cannot take land into trust for Indian Tribes not under Federal jurisdiction in 1934. Tester’s bill S.732 is an effort to overrule that decision so that more land, including the water rights attached to it, would be available for the government to place into trust for Tribes.
This year, DOI Secretary Jewell actively worked to give your tax dollar to Tribes, including Duck Valley, for restoration of “water rights”, fulfilling DRIP requirements. Funds for improving Tribal water and sanitation infrastructure is provided by the EPA plus grants for building water infrastructures. Senator John Barrasso (R-WY) introduced a bill to fund renovations of Tribal irrigation systems. The Claims Resolution Act of 2010 met DRIP mandates to bring water disputes to settlement. According to the DOI Deputy Secretary water right settlements are the right direction for everyone. The Omnibus Public Lands Management Act 2009 is loaded with placing large parcels of land into federal hands and turning water over to Tribes.
But, most alarming, Tribes as well as American citizens should be concerned about the trend of banks, most of which are UN business partners, buying water rights and utilities. These UN crony banks won’t care one iota whether Tribes get their perceived right to water. The whole scam is controlling water and the amount the UN thinks you should have. Wake up Idaho.
UN
Meanwhile, back at the UN, UN NGOs such as the American Indian Law Alliance, Association on American Indian Affairs, Foundation for the American Indian, Native American Rights Fund, Cherokee Nation, and Western Shoshone Defense Project are just a few groups that work to promote UN ideology and goals.
Activists have also been working with the UN to urge more emphasis on water rights issues. But going beyond that, there are now demands for “…our right to have our treaties honored and respected as binding international instruments…”, rejecting the faux U.S. support of DRIP. A UN human rights investigator called for the U.S. to return all land back to tribes in 2012.
In 2011 the UN criticized the U.S. of discriminating against indigenous people’s right to safe drinking water even though the U.S. had recently joined a UN consensus resolution that recognized the right to water is a right to an adequate standard of living.
The Doctrine of Discovery has become a focused issue with the UN including groups advocating for its removal. This would dramatically alter U.S. relations with Tribes and have a devastating impact on America as we know it. Other bills permitting the use of peyote and educating Indian children in their native culture and language have been passed. The World Conference of Indigenous People, held in 2014 includes new declarations to incorporate Agenda 21 for Sustainable Development.
More serious, a subject that is never covered in the open, Alaska and Hawaii indigenous groups are asking for UN intervention to end U.S. “occupation”. The UN has a group that works on decolonization. Beginning on page 18, the UN group discusses the possibility of Hawaii being decolonized, and concluding on page 21, “…there is a process to seek decolonization through the Decolonization Committee” for Hawaii.
CONCLUSION
Efforts to keep this issue short were impossible. The information presented in this 3 part series is only a fraction of what the federal government is doing in collusion with the UN and Tribes. And it is not going to end. EVERYONE must go back and read the Constitution, Bill of Rights, and Declaration of Independence. We are a Constitutional Republic, not a democracy as so often stated by everyone now. Every aspect of the Constitution and Bill of Rights has been violated by the federal government. As a Constitutional Republic we are no longer being represented by those we elect. The federal government is in the business of representing the UN.
The federal government is so embedded with the UN that in 2010 legislation was actually introduced to have an Ambassador to the UN be in the line of succession to the presidency. Don’t be shocked if this comes up again.
“But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security.”
It is up to us to stop these unconstitutional acts. It is time for Idahoans to come together, develop a plan, and execute that plan to demand Idaho stand up for state rights and disengage from every unconstitutional federal law being enacted in Idaho. We must do this or we will continue to be raped of any last piece of liberty that remains.
