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LIST OF CHARGES
On behalf of the Elders of Big Mountain, the Big
Mountain Support Group (Denver) and the American Indian Movement of Colorado,
demand is hereby made on the Department of Justice to exercise its authority to
investigate and prosecute those responsible for the relocation of traditional
Diné (Navajo)and Hopi Indians from the Joint Use Area (JUA) of the Black Mesa.
Those who have instigated and implemented the relocation policies and program
should be charged with violation of 18 USC Section 1091 (P.L. 100-606), The
Genocide Convention Implementation Act of 1987. This program, carried out since
~974 behind the facade of Public Law 93531 (Navajo-Hopi Land Settlement Act), is
resulting in the destruction of an identifiable group of traditional Indians,
inextricably bound to their homeland by shared religious beliefs and family
ties. The Fourth Russell Tribunal on the Rights of Indians of the Americas
(1980, Rotterdam, Netherlands) and the Commission of Inquiry (Big Mountain,
Arizona 1984) have both found that the policies of relocation under P.L.93-531
are resulting in the genocide of the people affected by the forced removal. Our
demand for investigation and prosecution is not unreasonable in light of the
extensive efforts that have been made to resolve this conflict through domestic
remedies. Unfortunately, as of November, 1988, all domestic judicial and
legislative remedies in this matter had been exhausted. With the passage and
signature of the Genocide Convention Implementation Act a new remedy has been
created, under which we now demand prompt and effective enforcement.
SPECIFIC CHARGES UNDER THE GENOCIDE CONVENTION
IMPLEMENTATION ACT
A. CHARGES UNDER 18 USC 1091 (a)(4)
Section (a)(4) of the law defines the offense of
genocide as one that "subjects the group to conditions of life that are
intended to cause the physical destruction of the group in whole or in
part." Under this provision, we charge the following violations:
- The forced relocation of the traditional Dine' people
from their lands by the United States constitutes an intentional disruption
of their lifestyle that will lead to their imminent physical, social,
spiritual, cultural and economic destruction as a people. The relationship
of the Dine' to the land on which they reside is intimately interwoven into
every aspect of their lives. To remove them from their land base, the
irreplaceable source of their physical, spiritual and cultural subsistence,
can be construed as nothing less than a conscious policy of destruction.
- The forced reduction of livestock herds and a ban on
new construction, or repair, of shelter constitutes an intentional policy
designed to disintegrate the physical, economic and social means required to
sustain the Dine' as a people on their own lands. This brutal tactic, used
to force the Dine' into submitting to relocation through starvation and
destruction of their housing, is one of the most inhumane policies
imaginable. The intentional, enforced destruction of people's homes and the
destruction of their means of feeding themselves certainly constitutes a
violation under the law.
- The removal of the traditional Dine', many of whom
speak only their indigenous language, to cities or lands that are completely
foreign to them, and requiring them to abandon their own traditional
lifestyles and adopt the customs and lifestyles of the dominant, settler
society around them, certainly constitutes "subjecting the group to
conditions of life" that will lead to their eventual destruction. The
intrusion of industrial, competitive, and capital oriented lifestyles on a
completely communal, cooperative and spiritual people has, and will continue
to lead to their demise - a clear violation of the law. Ample evidence
exists to document the adverse impact of U.S. policy in this matter. Several
studies indicate an increased death rate as a direct consequence of the
relocation, giving notice to the United States of the direct harm caused by
its policy. Continuation of the relocation with such knowledge can
constitute nothing less than willful and intentional conduct, satisfying the
burden to show intent in the implementation of the removal policy.
B. CHARGES UNDER 18 USC 1091 (a)(3)
Section (a)(3) of the law defines genocide as any act
that " causes the permanent impairment of the mental faculties of members
of the group through drugs, torture, or similar techniques." Under this
provision, we charge the following violations:
- As early as 1979, evidence indicated that severe
mental and psychological trauma was being experienced by those actually
relocated, as well those scheduled for relocation. The prospect of being
wrested from their homelands, from the burial sites of their ancestors, from
the land that has sustained their people and their lifestyles for centuries,
inevitably leads to psychological anguish and torment that can legitimately
be described as torture. This has resulted in increased incidence of
suicide, alcoholism, and permanent states of chronic, clinical depression
among the dispossessed
- Similarly, the relocation of the Big Mountain people
denies them the freedom and opportunity to practice their spiritual
ceremonies. Because the spirituality of the Dine' is site specific, it
cannot be transferred to any other geographical location. Removal from the
land upon which the spiritual ceremonies are practiced constitutes an
effective destruction of the spirituality itself. For the Dine' their
spiritual connection to their homelands is an essential part of their
individual and collective personalities. To deny them their ability to
practice their religion is to remove from them the central reason for their
existence. Removal from their traditional sites constitutes the most
insidious form of psychological torture that could be visited upon them. It
should be clearly understood that the infliction of severe emotional or
mental pain and suffering is specifically cited in international legal
standards as a form of torture.
The overwhelming evidence of the deadly consequences of
the U.S. removal policy at Big Mountain conclusively deprives the United States
of the~defense that it unwillingly, unknowingly, or unintentionally is
destroying the Dine' people. In light of the foregoing charges, we demand the
immediate enforcement of the Genocide Implementation Act of 1987 against the
following individuals:
- President George Bush
- Former President Ronald Reagan
- Former President Jimmy Carter
- Secretary of Interior Manuel Lujan
- Former Secretary of Interior Donald Hodel
- Former Secretary of Interior William Clark 7) Former
Secretary of Interior James Watt
- Eddie Frank Brown, Assistant Secretary of Interior -
Indian Affairs
- Wilson Barber, Area Director, Bureau of Indian
Affairs, Phoenix, AZ
- Paul Smith, Superintendent, Bureau of Indian Affairs,
Keams Canyon, AZ
- Pat Williams, Manager, Land Operations, Bureau of
Indian Affairs, Keams Canyon, AZ
- Bob Caroline, Supervisor, Range Management, Bureau of
Indian Affairs, Keams Canyon, AZ
- Oscar Lealo, Range Supervisor, Keams Canyon Bureau of
Indian Affairs Office
These demands are presented this llth day of May, 1989
at the Office of the United States Attorney, Denver Colorado. We expect a reply
to these charges within ten working days from this date.
With sincerity, Big Mountain Support Group
American Indian Movement of Colorado
P.O. Box 211 115
Denver, CO 80211
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