After the militaristic forceful shutdown and raid of the Standing Rock North Camp on October 27, which I covered: Standing Rock Update: 100s arrested, video of mass pepper spraying, injuries from ‘non-lethal’ weapons, we can only dread what will be the eviction of the Oceti Sakowin Camp by the Army Corps of Engineers. My coverage from November 20, reinforces my fear: Cops attack Standing Rock ‘protectors’ with water cannons in freezing weather; 167 hurt, 7 badly.
The Tribe’s statement:
FOR IMMEDIATE RELEASE—Nov. 25, 2016
Army Corp Closes Public Access to Oceti Sakowin Camp on Dec. 5th
Tribe calls on President Obama again to deny easement and honor treaty
Cannon Ball, N.D.—The following statement from the Standing Rock Sioux Tribe’s Chairman, Dave Archambault II, can be quoted in part or in full.
"Today we were notified by the U.S. Army Corps of Engineers that on Dec. 5th, they will close all lands north of the Cannonball River, which is where the Oceti Sakowin camp is located. The letter states that the lands will be closed to public access for safety concerns, and that they will allow for a ‘free speech zone’ south of the Cannonball River on Army Corps lands.
Our Tribe is deeply disappointed in this decision by the United States, but our resolve to protect our water is stronger than ever. The best way to protect people during the winter, and reduce the risk of conflict between water protectors and militarized police, is to deny the easement for the Oahe crossing, and deny it now.
We ask that everyone who can appeal to President Obama and the Army Corps of Engineers to consider the future of our people and rescind all permits, and deny the easement to cross the Missouri River just north of our Reservation and straight through our treaty lands. When the Dakota Access Pipeline chose this route, they did not consider our strong opposition. Our concerns were clearly articulated directly to them in a tribal council meeting held on Sept. 30, 2014, where DAPL and the ND Public Service Commission came to us with this route. We have released the audio recording from that meeting.
www.youtube.com/… [Video embed below the fold]
Again, we ask that the United States stop the pipeline and move it outside our ancestral and treaty lands.
It is both unfortunate and disrespectful that this announcement comes the day after this country celebrates Thanksgiving—a historic exchange of goodwill between Native Americans and the first immigrants from Europe. Although the news is saddening, it is not at all surprising given the last 500 years of the mistreatment of our people. The Standing Rock Sioux Tribe stands united with more than 300 tribal nations and the water protectors who are here peacefully protesting the Dakota access pipeline to bolster indigenous people's rights. We continue to fight for these rights, which continue to be eroded. Although we have suffered much, we still have hope that the President will act on his commitment to close the chapter of broken promises to our people and especially our children.”
Learn more about the Standing Rock Sioux Tribe at standwithstandingrock.net. For incremental updates please follow our Facebook page at Standing Rock Sioux Tribe or follow us on Twitter @standingrockst. ###
Contact:
Chelsea Hawkins
pyramidcommunications.com
206.556.1653
Sue Evans
pyramidcommunications.com
253.592.1590
How you can help below the fold:
Call the Army Corps of Engineers and tell them to pull the permits for DAPL and stop this project before someone is killed. Here are the numbers and a sample script:
Army Corps of Engineers phone numbers:
Main: 202-761-0011, press 9
Regulatory (permits) office: 202-761-5903
Hello, my name is ________. I'm calling from {city, state, county}. It is your duty to pull the permits for the Dakota Access pipeline immediately. Police are violently attacking peaceful water protectors, putting their lives in danger by blasting them with water cannons in freezing cold weather. You must stop this pipeline now. It is dangerous in the long term, but right now, this very second it is a threat to the lives at Standing Rock.
After your call, fill out this form to tell us how the call went. Tell us how the Army Corps responds to your calls.
The audio file below is from a Standing Rock Tribal Council meeting with ETP/DAPL representatives that occurred September 30th 2014. A meeting that occurred before permits were submitted and more than a year before the Draft Environmental Assessment was released. A document prepared by DAPL that never mentions any of the concerns stated in this meeting, nor does it mention Standing Rock. Energy Transfer Partners assertion that they "didn't know" of our concerns is false.
Published on Nov 17, 2016
Energy Transfer Partners CEO Kelcey Warren stated November 11-16-16. “I really wish for the Standing Rock Sioux that they had engaged in discussions way before they did,” he said. “I don’t think we would have been having this discussion if they did. “We could have changed the route,” Mr. Warren added. “It could have been done, but it’s too late.”
Today’s notice from the Army Corps of Engineers:
DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT 1616 CAPITOL AVENUE OMAHA NE 68102-4901
November 25, 2016
District Commander
Chairman Dave Archambault II Standing Rock Sioux Tribe Bldg. #1, North Standing Rock Avenue P.O. Box D Fort Yates, North Dakota 58538
Dear Chairman Archambault:
Pursuant to 36 C.F.R. § 327.12, I am closing the portion of the Corps-managed federal property north of the Cannonball River to all public use and access effective December 5, 2016. This decision is necessary to protect the general public from the violent confrontations between protestors and law enforcement officials that have occurred in this area, and to prevent death, illness, or serious injury to inhabitants of encampments due to the harsh North Dakota winter conditions. The necessary emergency, medical, and fire response services, law enforcement, or sustainable facilities to protect people from these conditions on this property cannot be provided. I do not take this action lightly, but have decided that it is required due to the concern for public safety and the fact that much of this land is leased to private persons for grazing and/or haying purposes as part of the Corps’ land management practices. To be clear, this means that no member of the general public, to include Dakota Access pipeline protestors, can be on these Corps’ lands.
The Corps of Engineers has established a free speech zone on land south of the Cannonball River for anyone wishing to peaceably protest the Dakota Access pipeline project, subject to the rules of 36 C.F.R. Part 327. In these areas, jurisdiction for police, fire, and medical response is better defined making it a more sustainable area for visitors to endure the harsh North Dakota winter. For your reference, please find enclosed a map, marked as Exhibit A, which delineates this free speech zone area, as well as shows the Corps’ lands north of the Cannonball River that will be prohibited from public use. Any person found to be on the Corps’ lands north of the Cannonball River after December 5, 2016, will be considered trespassing and may be subject to prosecution under federal, state, and local laws. Furthermore, any person who chooses to stay on these Corps’ lands north of the Cannonball River does so at their own risk, and assumes any and all corresponding liabilities for their unlawful presence and occupation of such lands. There currently are many Title 36 violations occurring on the Corps’ lands north of the Cannonball River, including, but not limited to, unauthorized structures, fires, improper disposal of waste, and camping. Additionally, any tribal government that sponsors such illegal activity is assuming the risk for those persons who remain on these lands. See 36 C.F.R. § 327.
As I have publically stated, I am asking you, as a Tribal leader, to encourage members of your Tribe, as well as any non-members who support you who are located in the encampments north of the Cannonball River on Corps’ lands to immediately and peacefully move to the free speech zone south of the Cannonball River or to a more sustainable location for the winter. I am genuinely concerned for the safety and well-being of both the members of your Tribe and the general public located at these encampments.
Please do not hesitate to contact me with any questions or concerns regarding this information.
Sincerely, John W. Henderson, P.E. Colonel, Corps of Engineers District Command
Oahe Dam and Resevoir Free Speech Area as designated by the Army Corps of Engineers
News headlines:
The Day We’ve Been Dreading: Plans to Evict #NoDAPL Water Protectors Made Public by Kelly Hayes
As people from around the country continue to converge in Standing Rock, and less than a week after police blasted Water Protectors with water cannons in freezing temperatures while gassing them in a confined space, the Army Corps of engineers has lived up to a long-held tradition of the United States government — the displacement of Native peoples. In a letter addressed to Standing Rock Sioux Tribal Chairman Dave Archambault II, the Army Corps outlined its plans to remove water protectors from their frontline encampment areas on December 5. In what we can expect will be a violent spectacle, reminiscent of the violence we have already witnessed during this struggle, Indigenous people will once again be faced with forced relocation for the sake of white wealth. While the government has at times voiced sympathy for the Protectors, such actions are, of course, both historically consistent and arguably predictable, but that doesn’t dull the pain.
When one is serially battered, no previous beating makes the next punch to the gut hurt any less, and I am hurting tonight. But as we process this news, and contemplate what it means for the safety of the Protectors, amongst many other concerns, there are some things we must remember.
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Indigenous Environmental Network's statement from Dallas Goldtooth:
We stand by our relatives of the Oceti Sakowin and reaffirm their territorial rights set in the Ft Laramie Treaty of 1851. If the Corps wants to keep people safe, then deny the easement, rescind the permits and order a full Environmental Impact Statement. This decision is short-sighted, dangerous, and a blantant example that systemic oppression continues in Indian Country. We have already seen critical injuries caused by the actions of a militarized law enforcement. We implore the White House to take corrective measures and help avoid further harm by law enforcement."
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From the Water Protector Legal Collective/NLG-formerly Red Owl Legal Collective on Saturday, November 26:
For Immediate release:
The Water Protector Legal Collective, a National Lawyers Guild-initiated group of volunteer lawyers and legal workers dedicated to defending the rights of the Water Protectors, condemns the U.S. Army Corps of Engineers’ November 25, 2016, letter announcing that it would be closing the portion of Army Corps land currently occupied by the Oceti Sakowin Camp. This letter demonstrates either a stunning ignorance of the current state of affairs in North Dakota or an extreme disregard for the health and safety of the general public, or both.
The “violent confrontations” between “protestors” and law enforcement officers to which the Commander refers are only “confrontations” or “violent” insofar as Water Protectors peacefully assembled in prayer have been repeatedly assaulted by those public safety officials charged with their protection. The events over the past weeks have not been clashes. They have been the unlawful use of excessive force and arrests without probable cause in a vain attempt by local law enforcement to quell Native resistance to the pipeline. As hours of live-streamed videos have shown, the violence over the past months has been perpetrated by law enforcement and DAPL security against unarmed Water Protectors in blatant violation of their constitutional rights and treaty rights. It is even more shameful that the location of all this law enforcement violence, and the area claimed in the Corps’ letter, is land that was recognized as Lakota territory in the 1851 and 1868 Treaties of Fort Laramie.
In support of his decision, the District Commander cites the need for adequate access to “necessary emergency, medical, and fire response services” as well as “sustainable facilities to protect people from these conditions on this property.” Access to emergency, medical, and fire response services has been limited from the time that these camps were founded, as Morton County has made it clear that it only serves its non-indigenous population through its repeated refusal to provide requested or necessary services to Water Protectors. And Morton County has entirely cut off the camps from any emergency services for the past month through its blockade of Highway 1806 at the Back Water Bridge.
In fact, the State’s commitment to depriving the camps of emergency services is so absolute that it committed numerous civil rights and human rights violations to prevent Water Protectors from opening Highway 1806 to traffic once again—including maiming one young Water Protector with an explosive teargas blast grenade; shooting dozens of others with so-called "less lethal" munitions (potentially lethal when misused as they were here); and soaking hundreds of peaceful Water Protectors with water in sub-zero conditions, subjecting them to hypothermia or worse.
Moving Oceti Sakowin roughly 100 yards south, across the Cannonball River, will hardly improve access to Morton County’s emergency response services. Nor will such a minimal relocation do anything to mitigate Morton County’s escalating violence. At most, the District Commander’s proposed action will marginally shift the location of peaceful prayers from the Back Water Bridge to the Cannonball Bridge—and therefore nominally move the location of Morton County’s unconscionable treatment of its indigenous citizens. As Morton County’s aggressive responses to peaceful demonstrators throughout its boundaries demonstrate, it is not the location of Water Protector’s prayers that controls the egregiousness of Morton County’s response.
Most puzzlingly, the Commander’s letter expresses concern over ensuring that the residents of Oceti Sakowin have “sufficient facilities” to weather North Dakota’s harsh winters. Water protectors at Oceti Sakowin have worked for months to adequately prepare for the winter, investing substantial time and expense in the ambitious feat of winterizing the camp. Forcing the many people camped at Oceti Sakowin to move and re-winterize at short notice—in December no less—will jeopardize the safety of thousands of Water Protectors who would be otherwise prepared for the challenging conditions ahead.
The District Commander is absolutely correct in one crucial respect: something must be done to halt the ongoing human rights abuses at Standing Rock. But the District Commander’s proposed action—to invite additional police involvement against the Water Protectors—is not it. If the District Commander is truly concerned about the safety of the Water Protectors, he will ensure that the Dakota Access Pipeline is not constructed. So long as the Dakota Access Pipeline is being constructed, Water Protectors will continue to pray and demonstrate and otherwise participate in protected First Amendment activity. And, as Morton County has made clear, so long as Water Protectors pray and demonstrate, it will continue to perpetrate violence on this community. Finally, if the Dakota Access Pipeline is completed, the health and safety of all residents of this area—including North Dakota’s non-indigenous population—will be put at risk.
We trust that the Army Corps will reevaluate this decision and act in a manner that truly protects the public interest in North Dakota by upholding the First Amendment right to pray, assemble, and protest that is at the heart of democracy, and by making a final decision to not allow the Dakota Access Pipeline to cross the Missouri River. Regardless of the Army Corps' decision, the WPLC will continue to take all appropriate legal action to defend the Water Protectors’ civil and human rights.
Brandy Toelupe, President, on behalf of Water Protector Legal Collective