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2009-09-22 / Headlines

Position Paper of the Great Sioux (Lakota) Nation

Submitted By: Lawrence Swallow, Mahpiya Luta, Hehaka Inajin, WoSla Iyotaka, Menard Ospaye

There are several position papers being circulated regarding what should be done about our situation's on these reservations. The Teton Sioux Nation has already submitted theirs to Obama Admin., and all they want is to be recognized as the official Treaty Council. The Black Hills Sioux Nation Treaty council asks for the same, along with 'retrocession' of the IRA/BIA system. I think the oyate or people should be given the chance to decide which position paper best fits their needs. Larry

Whereas: The Great Sioux Lakota Nation is comprised of the Oglala (Pine Ridge/Scatter Their Own), Sicangu (Rosebud/ Burnt Thighs), Hunkpapa (Standing Rock/Entrance of the Camp Circle), Mini Kan Ye Wo Jupi (Cheyenne River/Plants Near the Water), Si Ha Sapa (Cheyenne River/Black Feet), Oohenunpa (Cheyenne River/Two Kettles), and Itazipo Cola Bands (Cheyenne River/Without Bows).

Whereas: The Traditional reference for these bands is known around the world as Pte Hincala Oyate or Buffalo Calf People, and emanate as Indigenous to what is defined as the North American Continent. More specifically from the Territories surrounding and including the He Sapa or Black Hills of South Dakota and received their instruction from Matriarchal Origin.

Whereas: The Great Sioux Nation has inherent/aboriginal rights to exercise its authority under the Laws of Creation and Laws established with the United States under Treaties 1851 and 1868 followed by the Constitution of the USA. Recognizing sovereign territory boundary, mineral, timber, water, and natural resources to include Gold taken, and 98 million acres with full physical, emotional, and spiritual relationship.

Whereas: The Constitution of the USA establishes under Article 6, "Treaties Made with Indian Nations are the Supreme Law of the Land". 1851 Treaty, Article 3, "The United States binds themselves to protect the aforesaid Indian Nations against the commission of all Depredations by the people of the United States". As well as Provision /Annuity guaranteed under the 1868 Treaty, after Gold was discovered in the Black Hills which are; 1) Land allotment for every head of household, 2) Housing, 3) Education, 4) Health Care, 5) Welfare.

Whereas: The Black Hills and surrounding territory has never been for sale, and every attempt to force the settlement for Title has been through Military, Political, Judicial, and Social "Imposition Under Duress", "Cultural Genocide", "Media Blackout", "Distortion of Truth/Fact", "Policy Depredation",

"Economic Attrition", "Reconciliation Apathy", and refusal to provide "Just and Proper Compensation" as required by Federal Law, to each and every member of the Great Sioux Nation, on the part of the United States of America its representatives and authority. (Reference the 1980 Supreme Court case The Great Sioux Nation vs. the United States of America, and the Cobell case between Indigenous Land owners and the Bureau of Indian Affairs/DOI).

Whereas: Treaties promoted, established and signed were initiated by the People of the United States with the Great Sioux Nation to include the Presidency, the Supreme Court, and the Congress. As opposed to relegation of responsibility for Treaties to the Officeof the President (Executive Branch) and only permits Unfunded Mandates. This also made Null and Void, the 1803 Louisiana Purchase as it was not the French's to sell. The Ft. Laramie Treaty of 1868 only authorized use of the Bozeman trail as a 'trespass' agreement.

Whereas: Traditional Customary Law establishes General Con census of 75% or more (1868 Treaty requires ¾ Adult Indian Male), and current political policy is designed to eliminate every possession the Great Sioux Nation rightfully owns. This includes Congressional 'Unilateral' Acts affecting original Treaty Stipulations such as, the Howard-Wheeler (Dawes) Act (1887) which stripped away further Land Allotment for every Head of Household and opened up the treaty territories to white settlement; The Indian Citizenship Act in concert with the Social Security Act/Snyder Act (1924) which stripped away Welfare entitlement and placed in the hands of States to administer Social Service Programs; The 1934 Indian Re-Organization (Self-Determination) Act which allowed for Simple Majority of 30% of 'all eligible voters', without a Treasury to function and replaced any semblance of Traditional Constitutional Structure with an emulation of the US Constitution. In contrast, the Tribal Government only requires 30% of those who register, and only those who reside on the reservation for one year, to vote. Effectively certifying elections and passing laws with less than 15% of all eligible voters, contrary to what is required by contemporary law. In addition, includes Self-Preservation strategies such as, "Sovereign Immunity from prosecution by its membership", and utilizing the majority for statistic and Federal Acquisition (Funding) while not sharing its Tax Exemption status with the membership. Establishing the Bureau of Indian Affairs under the Department of the Interior (Formerly the Department of War), and creating policies to regulate animals as a method of "Cetera Bull" Papal Doctrines thus producing the "blood quantum", and allowing for theft of land and resources of the general membership without a "Land Audit" to date; Creating the Indian Health Service which is self-serving, commercial, not providing adequate Health Care to all members, and requires members to purchase Private Health Insurance; Establishing the Housing Authority as another commercial entity (HUD), which now charges the membership rent and enforces an eviction policy; Finally, creating verbiage such as "Plenary Power", when it comes to justification of theft and irresponsibility, when this is also illegal under Federal Constitutional Law called "Previous Condition of Servitude".

Whereas: These many Depredations have permitted and caused the near total annihilation of the Lakota Philosophical, Cultural, and Customary Spiritual Structures to be replaced by Prejudice and Discrimination, Arrogance and Fear, as well as Ego-Centrism and Privilege. In contrast the Lakota Spiritual practices emanate from an All Inclusive Belief System, based on Selfless Spiritual Conduct and Confidence in Self without Fear.W

hereas: The existing methods of providing services to the Individual Members of the Great Sioux Nation is ineffective as evidence in the BIA lack of accountability as well as the Tribal Government inability to maintain itself as a separate distinct entity or enforce proper Sovereign design and implementation.

Whereas: Each decade more and more of the Tribal Lands are being compromised to Non-Indian ownership without the knowledge or approval of the Majority Membership. Such policy will result in the future generations without a land base.

Whereas: The Tribal Membership who have not received an allotment of land as an entitlement are the true Sovereigns to the stated Treaty Territories and Natural Resources.

Whereas: The United States of America is directly responsible for the devastation, and destruction of the Lakota way of living, resulting in the general population being subject to decades of discrimination, forced assimilation, emotional suffering, dependence on ration of services, failed Federal and State policy, as well as Abject Poverty, while the rest of the USA continue to prosper in the surrounding areas.

Therefore Be It Resolved: It is not in the best interests of the general population of the Great Sioux Nation to rely on the Secretary of the Interior, the Bureau of Indian Affairs, or the Tribal Government to protect the "Aforesaid Indian Nations Against the Commission of All Depredations, by the People of the United States". The only reasonable and feasible solution to decades old termination policy is to replace the current structure with Per Capita Distribution of Funds to Individual Tribal Members as established in US Code: Title 25, 117a.

That such disbursement be handled by Competent Federal entity such as the Treasury Department which allows for calculated Treaty Stipulation Entitlement as previously described and banking system, so long as the treaty territories are occupied. That such Per Capita Disbursement be awarded due to the pain, suffering, and damages caused by the United States of America to the Individual members of the Great Sioux Nation whose lineage is established prior to the implementation of the 1934 Indian Re-Organization Act. Such Per Capita is to be awarded in an amount sufficient for each member to purchase a Home, Land, Education K-12, Health Insurance, and provide for their General Welfare. Also, stated amount shall be no less than $720,000 for each adult member the first year with annual payments to follow at $40,000. That accounts be automatically established for each born member under 18 to current year of age at $40,000 per annum, till they reach the age of maturity with Cultural Ceremony.

Be it Further Resolved: That each member of the Great Sioux Nation is to acknowledge and adhere to the basic practices of the Lakota to include possessing a basic understanding and knowledge of the Language, Culture, and Spirituality. That stated Per Capita is not a free entitlement, but comes with a requirement to re-acculturate oneself to their Heritage. Such requirements are to be reasonable yet competent in expectation by a re-established Tribal Council responsible for the conduct and spiritual honor befitting membership of the Great Sioux Nation.

Furthermore, Federal Policy from this day forward shall exercise full authority on behalf of the Great Sioux Nation over stated Treaty Territory, Boundaries, and People (Indians), thus allowing every member access to acquire land, a home, and establish residency as a Federal Entity. That every effort be made to appease the negative stereotypes and racism that occurs within the States of Western South Dakota, Southern North Dakota, Western Montana/ Wyoming, and Northern Nebraska. That the membership of the Great Sioux Nation be removed from any and all Terrorist Organization profiles within the United States. That the United States cease and desist any and all further depredations upon the membership of the Great Sioux Nation to include double standards of equality, interference in "Sovereign Affairs", and justice for all (Consistent and in addition to President Clinton's Executive Order 2000).

Submitted this Year of the Woman 2009

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