PUBLIC NOTICE OF COMPLAINT Racial Bias, Profiling, Harassment, Interference, and Discriminatory Practices Towards Lakota Exercising Hunting, Fishing and Gathering Rights on Lands Administered by State and U.S. Government Agencies Updated: 16 March 2022
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Original: English
The following complaint is issued regarding decimator practices towards the Lakota Oyate (People), by United States and State agency personnel, in the exercise of our natural and reserved rights to hunt, fish, and gather items of cultural importance (Customary Habitation and Use) across our historic territory and especially in places of spiritual and cultural significance to our People such as the Black Hills, including Wind Cave National Park. This territory is also recognized and activities protected under Customary, International Law and U.S. Treaty Law. Whereas the Tetuwan Lakota Oyate, Indigenous peoples of Turtle Island, and their relatives have reserved the customary, international, and judicially recognized rights to access our territorial landbase for the purposes of hunting, fishing, gathering of medicinal plants and foods, ceremonial activities, and any other activities that preserve and advance customary social, cultural, religious, economic, and political knowledge and institutions. Whereas unlawful and culturally insensitive harassment and interference of the Lakota Oyate, our relatives, and agents interrupts prayerful spiritual practices harming our people and affecting the free exercise of our cultural way of life. Whereas the following listed activities are facing unlawful and racially targeted interference from United States and State agency personnel and law enforcement, in violation of our inherent rights to develop and preserve Lakota customary political, social, economic, and cultural institutions:
1. Buffalo Skulls and Horns: In U.S. national parks and other so-called parks or managed areas where large herds of buffalo live such as Wind Cave, Custer State Park, Badlands National Park, and managed lands near Crawford, Nebraska, Lakota People are being told they are not allowed to gather culturally important buffalo
NOTICE OF COMPLAINT: Racial Bias, Profiling, Harassment, Interference, and Discriminatory Practices Towards Lakota Exercising Hunting, Fishing and Gathering Rights on Lands Administered by State and Government Agencies
skulls and horns or remove them off of “government property.” Instead Lakota People are told to buy these sacred items – a desecration to our people.
2. Ceremonial Willows to Make Sweat Lodge Frames: Lakota People are being denied access to harvesting willows in all managed areas and are being told these willows are a listed species. These claims are untrue and interfere with the free exercise of Lakota cultural and spiritual practices. At this time, no willow species are listed as a State or Federal Endangered or Threatened within the State of South Dakota.
3. Red Willow Pipe Tobacco: Lakota People are being harassed and interfered with the gathering of red willow for pipe tobacco. They are being told they must file a proposal for permit to harvest. This is unlawful interference to the free exercise of Lakota cultural and spiritual practices.
4. Sacred Rocks for Sweat Lodges: Lakota people are being harassed or prevented from collecting river rocks, bed rock, and stones licked by elk and buffalo that contain enhanced spiritual significance. Again, this is interference with the free exercise of Lakota cultural and spiritual practices.
5. Harvesting of Tipi Poles: Agency personnel are interfering with the free exercise of Lakota culture and spiritual way of life by attempting to limit or ration the number of tipi poles we can cut and wither. This is racially discriminatory and particularly offensive given the level of corporate timber harvest, mining, land development, and similar commercial activities permitted with these managed areas.
6. Racial Profiling, Illegal Search & Stops: When Lakota People utilize campsites or grills within recreation or camping areas, U.S. or State agency personnel, rangers, and law enforcement officers are peeking into cars and recording license plate numbers. When Lakota People drive outside of the campgrounds, they are stopped and cars searched without probable cause. Similar “stop and frisk” activity is occurring to Lakota People hiking or walking open meadow areas.
7. Gathering of Shed Antlers: U.S. and State agency personnel are claiming that Lakota People cannot gather shed antlers and must pay for them.
8. Harvesting of Sage: Lakota People being told there is limit to how much sage they can pick despite our people gathering sage since time immemorial.
9. Harvesting of Young Ash Trees for Pipe Stems: Lakota People are being told they must request a permit to harvest or gather young ash saplings needed for the sacred Canupa.
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NOTICE OF COMPLAINT: Racial Bias, Profiling, Harassment, Interference, and Discriminatory Practices Towards Lakota Exercising Hunting, Fishing and Gathering Rights on Lands Administered by State and Government Agencies
10. Gathering of Bird Remnants and Feathers: Lakota People are being harassed, stopped and denied the gathering of bird remnants and feathers used in our sacred ceremonies and way of life. Agency personnel are claiming Lakota People require a permit or must ask the U.S. Repository for them.
11. Gathering of Customary & Ceremonial Foods: Lakota People are being harassed, stopped and denied the gathering of customary foods including berries, currants, raspberries, plums, chokecherries, June berries, buffalo berries and others. Elders in particular require these foods and are being denied free access, along with the social importance of gathering with their families.
12. Harassment and denial of Fishing and Hunting Rights. Lakota People are being told they must have State or Federal licenses and permits, and observe regulations regarding hunting and fishing on our sacred lands. This violates Lakota customary practices as well as guarantees within the 1868 and 1851 Treaties of Fort Laramie.
Therefore, let it be known that the Independent Lakota Nation as the customary representative of the free and independent Lakota Oyate (People) serves Notice to Wind Cave National Park, and other state and Federal management bodies currently occupying and administering jurisdiction on lands in judicially unceded Lakota Territory: 1. A record of violations by State and Federal personnel and their administering bodies against Lakota People exercising their inherent and reserved rights shall be taken and submitted to the United Nations Office of the High Commissioner of Human Rights, and collected for the continuing documentation for an Official Complaint of Genocide against the United States Government and its state governments, currently in process within the United Nations. 2. A record of violations by State and Federal personnel and their administering bodies against Lakota People shall be taken and reported to United States State Department, the United States Department of Justice, and United States Congress members for internal accountability. 3. A record of violations by State and Federal personnel and their administering bodies against Lakota People shall be taken and made public, so that any outstanding reports of racial bias and interference with reserved rights shall be further documented in the Independent Lakota Nation Human Rights Office. Signed and delivered on the 16 day of March in the year 2022;
By Order of the Independent Lakota Nation
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