This episode of The Green Flame podcast focuses on the proposed Batoka Gorge Dam on the Zambezi River on the border of Zambia and Zimbabwe, just downstream from the world-famous Victoria Falls.
Max Wilbert interviews Monga, who has lived by the Zambezi River and is active in environmental issues and factors that impact on underprivilidged people in Zambia, and Marie-Louise Killet, a member of the group “Save the Zambezi River” which is opposing the Batoka Gorge project. The third guest is Rebecca Wildbear, a river and soul guide, who helps people tune into the mysteries of life and live with earth communities, dreams and their own wild nature.
The Green Flame is a Deep Green Resistance podcast offering revolutionary analysis, skill sharing, and inspiration for the movement to save the planet by any means necessary. Our hosts are Max Wilbert and Jennifer Murnan.
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This piece was originally published in Earth Island Journal.
Zambia and Zimbabwe plan to move ahead with the $4 billion Batoka Gorge Dam that would displace villagers, wildlife, and a vibrant rafting industry along the Zambezi River.
More than 50 men traverse the steep, rocky gorge. They balance as many as three kayaks on their back each, along with other equipment for rafting companies offering trips in the Batoka Gorge. Sweat glistens on their skin; they earn a dollar for each kayak. These porters come from the Indigenous Tokaleya villages situated along the edge of the gorge, on either side of the Zambia-Zimbabwe border. For the Tokaleya, the Zambezi River is an essential and sacred deity. It’s also a source of income. Tens of thousands of tourists raft the Zambezi’s rapids each year, drawn to the region’s rich ecosystem. Alongside the Tokeleya, birds, fish, and other wildlife make their home in the gorge.
Yet the section of the river that runs through Batoka Gorge is threatened. In June 2019, the General Electric Company of the United States and the Power Construction Corporation of China signed a deal with the Zambian and Zimbabwean governments to build and finance the Batoka Gorge Dam. The danger from a massive hydroelectric project, which was first proposed nearly 70 years ago, has become urgent.
Africa’s fourth largest river, the Zambezi flows through six countries. The Batoka Gorge section begins at the bottom of Victoria Falls, the largest waterfall in the world, also called Mosi-oa-Tunya, or “The Smoke That Thunders.” A few miles from Livingstone, Zambia, massive roaring waters spill from the sky and turn clear green as the river races through steep, dark canyon walls down the 50-mile gorge. The river then meanders for another 200 miles until it reaches Lake Kariba, the world’s largest reservoir by volume and an example of what Batoka Gorge could become.
I am a river guide, and in October 2019, I embarked on a four-day trip down Batoka Gorge as part of a two-week river guide training. Most of our guides, Melvin Ndelelwa, James Linyando, and Emmanuel Ngenda, were from the Tokaleya villages. Ndelelwa, who was a porter before becoming a river guide, pulled out a picture of a fish he caught at a hidden pool below the falls. It was almost as big as he is. His father was a porter his whole life. Becoming a raft guide in Zambia is hard work. The possibility of learning to guide energizes the porters.
Ndelelwa explains how his younger brother carves ebony root to make Nyami Nyami necklaces. The Nyami Nyami is a mythic river god, a serpent with the head of a fish. Legend has it, this god is angry that his sweetheart is trapped downstream behind the giant Kariba Dam. In 1956, a year into construction, the Nyami Nyami flooded the river, wreaking havoc on the construction site. The odds of another flood in 1957 were a thousand to one. Yet the river rose three meters higher than before, destroying the bridge, cofferdam, and parts of the main wall.
The guides told us that the Nyami Nyami would protect us when we wear the necklace that honors his sweetheart. On the river, I touched mine often, praying for safe passage. I am terrified of big water and scared of flipping. The Zambezi is a huge volume river with little exposed rock. It is extremely challenging, with long and powerful rapids, steep gradients, and big drops. Flipping is common. In high-pressure areas, you can’t even depend on your life jacket to keep your head above water.
On the river, I clung to the raft in awe and terror at the size of the waves. October is the dry season, when the water is low. In December, the rains raise the river and turn it muddy brown. Linyando navigated ahead in a safety kayak while Ngenda captained our raft. At one point between rapids, he pointed out the camouflaged crocodiles sun-bathing on rocks.
Halfway through the training, I was invited to guide the most challenging rapid, Gulliver’s Travels. I had already guided the rapid just prior called Devil’s Toilet Bowl twice, but my angle was off on this third attempt. The raft flipped backwards. I went deep underwater. It was dark and silent. A shaft of light appeared. Then more light. I surfaced. We turned the boat upright, but my confidence was shaken. I thought of backing out of Gulliver’s Travels, until the guides encouraged me. Back in the boat, I sent the raft through.
Throughout the trip, I felt that the guides protected me. Ndelelwa offered his sandal for the steep hike out after I lost my shoe. “This is my home,” he said. “It’s easy for me to walk barefoot.” Later, when I encountered a puff adder — a venomous snake with a bite that can be deadly — near my sleeping bag, Ngenda helped me move closer to the fire. “We sleep here,” he said. “The snakes don’t like fire.” It smolders all night smoking fish for breakfast, a staple food in villages along the gorge.
IN 2015, THE WORLD BANK funded an Environmental and Social Impact Assessment (ESIA) that concluded that the dam is a “cheap” solution to the “electricity deficit” of Zambia and Zimbabwe. An airport and road have already been constructed. The reservoir of the 550-foot tall mega-dam will be 16 square miles and a half-mile from the put-in just below Victoria Falls, impacting a UNESCO World Heritage Site sacred to the Tokaleya peoples. The entire canyon will be drowned and destroyed.
If the dam build goes ahead, wildlife who live and breed in the gorge will be lost or displaced. The Cornish jack and bottlenose fish need fast-moving water to survive. The extremely rare Taita falcon is endemic to Batoka Gorge — it nests and breeds only here. The hooves of the small klipspringer antelope are designed to jump up and down the canyon. They will not be able to live on top. Leopards that live in the gorge will be forced to move to higher ground, becoming more vulnerable to hunting and poaching.
The ecological damage is layered with the human toll. Downstream from Batoka Gorge, the Kariba Dam, built in the late 1950s, displaced 57,000 Indigenous Gwembe Tonga and Kore Kore peoples, while stranding thousands of animals on islands. Kariba Dam has also demonstrated that imprisoning a river damages water quality, reduces the amount of water available for people and wildlife downstream, and harms the fertility of the land. Dams can also spread waterborne diseases such as malaria and schistosomiasis, while mega-dams may cause earthquakes and destructive floods.
Plus, the lifespan of a dam is 50 years. Less than 30 years after construction, Kariba Dam began falling apart, causing earthquakes and operating at less than 30 percent its proposed capacity. Falling water levels have made it increasingly less productive. The Chinese construction company regularly pours concrete into the wall to keep it from buckling. If it broke, it could cause a tsunami that would impact much of Mozambique and even Madagascar, potentially killing millions.
The Batoka Gorge project will cost around four billion dollars. It is supposed to take 10 to 13 years to complete, but some locals have noticed that high cost infrastructure projects often do not reach completion in Zambia. Increasing droughts due to climate change raise the question whether there will be enough water to operate a dam. Electricity generated is likely to be sold to foreign countries for income, while local people become poorer.
The dam will also displace river guides and most likely the villages along the gorge. Tourism is the third largest industry in Zambia. The governments say the dam’s construction will create jobs, but many of these jobs go to Chinese nationals hired by Chinese companies, and after construction ends, few will be needed to operate the dam. Some say the dam will create new tourism opportunities, like parasailing and wakeboarding, but crocodiles and hippos proliferate in flat water, making these activities risky.
China is rapidly expanding its global reach, including in Africa, through its Belt and Road Initiative, an ambitious infrastructure project extending to 60 countries and counting. The country has already financed two Zambian airports and the Itezhi Tezhi Dam, and owns a 60 percent share of Zambia national broadcasting service. As many less developed countries borrow big money from China for big infrastructure projects, they are incurring large debts. The debt incurred can be crushing to the food supplies, health services, and education of local people. As Daimone Siulapwa writes in the Zambian Observer, huge kickbacks are the root of the problem. They motivate Zambian leaders to negotiate deals with China. Millions of dollars go missing. Projects are not finished. The natural world and local people suffer.
Most river guides hope the dam never happens, but local rafting companies are afraid to speak out against it. They fear repercussions — from being shot to having their passport or business license revoked. International support is imperative if we want to see this river protected.
ALONG THE RIVER, villagers carve and sell wooden figurines: elephants, rhinos, lions, water buffalo. Ndelelwa always buys some, though he does not need them. I bought carvings too, and the vendor insisted on giving me a few extra.
Then Ndelelwa invited me to his village to eat nshima, a traditional thick maize porridge. We sat outside the round mud huts with grass roofs. Five children ran over to look at me with toothy smiles and a wide-eyed curiosity. As we ate from one bowl, I thanked them in their dialect, “Ndalumba.”
If the river is dammed, I wonder, what will happen to these people? How will they survive?
The last time I flipped the raft on the Zambezi, the waves were gentle. We held the perimeter rope of the capsized boat as we floated through a narrow section of canyon. Ngenda smiled as he turned the boat upright.
Dam projects are rarely stopped in industrial civilization. Save the Zambezi formed to oppose the construction of this dam. They seek help in challenging the ESIA. This dam will likely go ahead unless there is an unprecedented outcry of resistance. The Nyami Nyami protected us on the river. Perhaps his rage may once again knock down any walls placed in his path. I touch my necklace and pray for the river.
Contact Marie-Louise Kellett of Save the Zambezi, a Waterkeeper Alliance Affiliate, savethezam@gmail.com to get involved.
Rebecca Wildbear is a river and soul guide who helps people tune in to the mysteries that live within the Earth community, dreams, and their own wild Nature, so they may live a life of creative service. She has been a guide with Animas Valley Institute since 2006 and is the author of the forthcoming book Playing & Praying: Soul Stories to Inspire Personal & Planetary Transformation.
The Ohio River is the most polluted river in the United States. In this series of essays entitled ‘The Ohio River Speaks,‘ Will Falk travels the length of the river and tells her story. Read the first, second, third, fourth and fifth part of Will’s journey.
The Kinzua Dam forms the Allegheny Reservoir, a few miles east of Warren, PA. Two days before the Fourth of July, I studied the dam and reservoir from a parking lot built on the southern edge of the dam. I was angry. Below me, motorboats and jet skis ripped across the water. Classic rock and pop country playlists clashed as parties raged on pontoon boats. Behind me, motorcycles carrying humans on holiday rides tore down the highway. The noise foreshadowed the fireworks that would soon light up the nation. Hearing the exploding fuel in combustion engines racing around me, and imagining the fireworks’ gunpowder that would soon be exploding across the sky, I wondered why my fellow Americans blow so much shit up when they celebrate.
The star-spangled banner flying over a Seneca Nation flag on a pole above me caused me to consider whether Americans actually believe fireworks put on a better show than the setting sun or whether fireworks are so beloved because they remind Americans of “the rocket’s red glare, the bombs bursting in air” and their favorite pastime, colonial warfare.
The anger grew as I studied the 1900 feet of concrete, steel, gravel, and dirt that stretches between two hills and stands 179 feet tall to trap the Ohio River.
I scanned the Allegheny Reservoir until it disappeared behind more hills. I knew, from previous research, that the Allegheny Reservoir sprawled northwards into southern New York for 27 miles and reached depths of 120 feet. I knew, too, that Seneca land had been destroyed when the reservoir was formed. Meanwhile, the sounds of Styx – that river in Hell and an accursedly annoying rock band – playing “Come Sail Away” competed with Shania Twain’s “That Don’t Impress Me Much.” Singalongs and drunken laughter, amplified by the water, drifted up to me. Shania’s mood matched mine best. I asked the Ohio River how anyone could party in the midst of such destruction.
Eventually the boats turned a corner formed by the hills and vanished. The wind blew across the Allegheny Reservoir leaving a delicate wake. The reflection of the hills in the water danced and waved. The water enchanted me. I tried to picture what was under the water. And, that’s when the Ohio River’s answer came to me.
People can party in the midst of this destruction, they can drive their jet skis over indigenous burial grounds, they can dance on pontoon boats floating over stolen land because so much truth, today, is submerged. Truth is submerged by history. Truth is submerged by ideology and cultural conditioning. Truth is submerged by popular ignorance of the processes destroying the planet. Truth is literally submerged like Seneca land under the Allegheny Reservoir.
The history of the Kinzua Dam and Allegheny Reservoir submerges many truths.
These truths include theft of Native land, the forcible removal of Native people, and another treaty to add to the long list of broken promises the federal government has made to Native Americans. In 1936, the infamous St. Patrick’s Day Flood washed over the Ohio River Basin. Floods like the St. Patrick’s Day Flood had, for years, directly threatened Pittsburgh, one of America’s most important industrial cities at the time. Instead of considering whether it was prudent to allow massive human populations to congregate in areas prone to powerful floods, Congress responded with the Flood Control Acts of 1936 and 1938 and authorized the Kinzua Dam.
The completion of the Kinzua Dam in 1965 and the formation of the Allegheny Reservoir drowned 10,000 acres of the Seneca Nation’s most fertile lands. That 10,000 acres represented one third of the territory promised to the Seneca under the 1794 Treaty of Canandaigua signed by George Washington himself. The formation of the dam also required the removal of around 600 Senecas from their ancestral homelands.
Living Senecas were removed. And, so were some of the Seneca dead. In 1964, in an act of utter disrespect, the United States Army Corps of Engineers attempted to dig up the remains of one of the most famous Seneca war chiefs, Cornplanter, as well as the remains of more than 300 of his kin and descendants. If that wasn’t bad enough, apparently the Corps of Engineers did such a questionable job, that many Seneca wonder whether Cornplanter was ever truly moved and whether his resting place has been drowned by reservoir.
Truths are also submerged in plain sight by an ignorance of the industrial processes necessary to construct the Kinzua Dam.
Concrete is a good example. Despite being surrounded by concrete, I had never asked where concrete comes from. It turns out that concrete is one of the most destructive materials on earth. Using a study published by the Proceedings of the National Academy of Sciences, a Guardian article I found estimated that concrete now outweighs the combined carbon mass of every tree, bush, and shrub on the planet. In simpler terms, there may be more concrete on Earth than plants.
According to London’s Royal Institute of International Affairs, the production of cement – a key ingredient in concrete – is responsible for 8 percent of global carbon dioxide emissions. And, perhaps most pertinent to the Ohio River, concrete sucks up almost a 10th of the world’s industrial water use. But, how is concrete made? It starts with ripping limestone, clay, sand, and other aggregates from the earth. Wild beings live in communities where this limestone, clay, and sand is ripped from the earth. So, this extraction destroys these beings’ homes. Extracting and transporting these materials requires industrial energy and produces dust pollution as well as greenhouse gas emissions.
Industrial energy production involves ripping fossil fuels from the earth, produces toxic waste, and also destroys habitat.
The limestone, clay, sand, and other aggregates must be crushed and mixed with water to a certain proportion. This crushing and mixing process also requires industrial energy, produces emissions, and consumes water. The mixture is then heated to around 2700 degrees Fahrenheit to decompose the limestone and produce what is called “clinker.” This heating process again requires industrial energy, produces emissions from the burning of fossil fuels, emissions from the burning of the aggregates, and hazardous waste. After the clinker is created, it is quickly cooled and ground up. The rapid cooling process requires industrial energy and the grinding process produces dust pollution.
The ground clinker is now dry cement which is bagged, shipped, and distributed to work sites. Bagging produces waste and involves paper production which requires deforestation. Shipping and distribution require energy for transportation which again produces emissions. Finally, the dry cement is mixed with potable water and another type of extracted aggregate including quarried stone, fly ash, slag, and sometimes recycled concrete. In other words, when I looked at the Kinzua Dam’s concrete, I was looking at a destructive process involving thousands of people engaged in dozens of ecocidal activities that produced all kinds of pollutants and consumed water, the most precious necessity of life.
After I learned how concrete was made, when I looked at the Kinzua Dam, I couldn’t help but see the gaping wounds quarries cut into the land, the lungs microscopically shredded by tiny rock fragments in dust pollution, and the water stolen from creeks, streams, and rivers only to be trapped for centuries in blocks of concrete.
Uncovering these submerged truths made me angrier.
I fantasized about sinking pontoon boats, pouring sugar in jet ski gas tanks, and slashing motorcycle tires. I fantasized about the ghost of Cornplanter drilling holes in the Kinzua Dam. I fantasized about the Ohio River gathering her power to overwhelm and destroy the dam.
While I pictured the Ohio River bursting through the Kinzua Dam, I noticed a sound my ears had not picked up before. So far, I had only viewed the dam from the east side, the side trapping the river. This new sound beckoned me to view the dam from the west. As I moved westward, I heard a growing roar. Then, on the dam’s west side, I saw the Ohio River gushing out of two floodgates. The sound was roughly similar to the sound a waterfall makes. But, it was not the same.
Rivers choose to leap from waterfalls. They shout with joy as they jump from cliffs and over stones. They thunder while proudly showing off the full power of their flow. At the Kinzua Dam, the Ohio River was not free to choose. She was forcibly squeezed through pipes called penstocks to turn hydroelectric generating turbines. Then, she was shoved from a ledge to slam into a concrete drainage control bed.
As I listened, I knew the Ohio River was screaming with anger. The hills rang with her rage. In this rage, I heard her explain how I could put the anger I was feeling to good use. She told me to dive into the depths and give voice to submerged truths.
Featured image: Resistance. Acrylic on canvas. 2008. By Travis London. “With the successful devastation of the Washougal River watershed through intense logging and mineral extraction, there was only one thing left to do: install hydroelectric dams. In the early 1920s, construction of a third dam began down river from the outlet of Cougar Creek. The night the dam had been completed it was blown up. Dynamite reduced the structure to rubble and once again the salmon, eels, and crayfish passed unhindered.”
To this day, the Washougal River remains free flowing and supports populations of chum, coho, and chinook salmon, steehead, and cutthroat trout.
Truth
By John McGrath, 2004
Who will be the keepers of the flame,
when shepherds shame their flock and mock
the truth with every new transgression?
Should we be surprised to find a fork in every tongue
of young and old, when those who lead us
feed us daily, lies of such a size
we barely blink at indiscretion any more
from rank deceivers rotten to the core.
Yet some would call them heroes, after all
they’ve said and done
with word and deed, the very need
to justify themselves long gone.
Who will be the guardians of the light?
When might is right and wrongs are sanctified,
when innocence is maimed and sacrificed
in Freedom’s name,
when none will take the blame,
when every lie is truth and truth is lie,
Who then will be the keepers of the flame,
save you and I?
No, we are not going to Mars
A poem about stupid ideas
By Monique Milne
Some philosophers say
You define a thing by the context it’s in.
So, what then … is a polar bear in a zoo?
Or a human on Mars?
Am I the sum of my parts? Something more? Something separate?
They say bacteria are us
Or we have bacteria.
A sterilised planet has no life
Has no bacteria
Bacteria are life.
What do you call a human on Mars, going to Mars, dreaming of Mars?
Is a machine alive?
When every machine and computer rusts
We’ll still be here!
If the Earth turned to rust
No more humans.
Can’t make humans from machines.
LA hipsters know all about machines.
Use them to ‘hack’ your body.
Watch out for cell towers
The illuminati hacking you
Our bodies are meat-suits
That our soul inhabits
Our beautiful natural bodies
Meat Suits!
What part of you is your soul?
What of us is and always will be our body?
Breathing, laughing, crying, blinking
Breathe.
Your feelings are the real you
What does the feeling?
No, your real physical body is immaterial
Better hack your meat suit
Be better looking
Live a lot longer
Your true identity … Martian
Such a spiritual experience.
What ever happened to seeing?
Rejecting our bodies
Rejecting our Earth
Put your meat suit
In a space suit
And fly to Mars
Where you belong.
But you are not an alien
You belong here
You deserve your body.
They
By Jeremiah Potter
They drug them
by their necks
away from the sacred
Fire
to the televisionThey murdered
the buffalo, deer
and bounty itself
to feed them Wonder Bread
and pork
They poisoned their
rivers, streams, lakes
and oceans
to force them to drink
swimming pool water and liquor
They beat them
with Bibles
and the cross
in fear of
the beauty of worshiping the earth
They stole all that
sustained them
to smudge out
their freedom
to tax them
on the land
that was loved and defended-
their land
that can never
be owned or divided
Sitting here by this smokey fire
under the winter dogwoods,
maples, birch and hemlocks,
in the vivid sun,
I divide myself.
As I always have.
Vowing to not be like
they-
colonist thieves, rapists and murderers
I vow not to
bury and squash
what has been,
and still is,
being done.
I vow,
to like them,
love the land and its
Inhabitants.
To turn my shoulder
to what they say
is right and wrong-
things so displaced
from actual honesty.
I vow to stand
against the utter
insanity of they-
in pure want of excess
and unchecked desecration.
Salmon
By Max Wilbert
Seen on a sign
at the Quileute reservation
“the salmon helped us for thousands of years
now it is time for us to help them”
Editors note: The Columbia River has been turned into a slave of civilization, forced to provide hydroelectricity, barge transport, and irrigation water to cities and big agribusiness. It is shackled in concrete and dying from dams, from overfishing, from toxins, from nuclear waste, from acoustic barrages and armored shorelines and logging and endless atrocities.
We at Deep Green Resistance do not believe that the federal government will accede to demands such as these. Furthermore, there are thousands of dams currently under construction or proposed worldwide. There are millions of dams in the “United States.” The salmon, the Orca whales—they have no time to waste. Everything is heading in the wrong direction. Therefore, we call for a militant resistance movement around the world to complement aboveground resistance movements and to dismantle industrial infrastructure.
Featured image: The Columbia River is constrained by Bonneville Dam, and bracketed by clearcuts, highways, and utility corridors. Public domain.
Confederated Tribes and Bands of the Yakama Nation
On Indigenous Peoples’ Day, October 14, 2019, the Yakama Nation and Lummi Nation hosted a press conference urging the removal of the lower Columbia River dams as part of a broader call for federal repudiation of the offensive doctrine of Christian discovery, which the United States uses to justify federal actions that impair the rights of Native Nations. The press conference took place this morning at Celilo Park near Celilo Village, Oregon.
“The false religious doctrine of Christian discovery was used by the United States to perpetuate crimes of genocide and forced displacement against Native Peoples. The Columbia River dams were built on this false legal foundation, and decimated the Yakama Nation’s fisheries, traditional foods, and cultural sites,” said Yakama Nation Tribal Council Chairman JoDe Goudy. “On behalf of the Yakama Nation and those things that cannot speak for themselves, I call on the United States to reject the doctrine of Christian discovery and immediately remove the Bonneville Dam, Dalles Dam, and John Day Dam.”
The doctrine of Christian discovery is the fiction that when Christian European monarchs obtained what was for them new knowledge of the Western Hemisphere, those monarchs had a religious right of domination over all non-Christian lands. This doctrine was propagated by the Roman Catholic Church through a series of papal bulls in the 15th century, including a papal bull authorizing Portugal to “invade, search out, capture, vanquish, and subdue all Saracens and pagans” and to place them into perpetual slavery and take their property. The Roman Catholic Church then implemented a framework where the right to subjugate the Americas was split between Spain and Portugal, although they were later joined by other European states. The doctrine was therefore one of domination and dehumanization of Native Peoples, and was used to perpetuate the most widespread genocide in human history.
In 1823, the United States Supreme Court used the doctrine of Christian discovery as the legal basis for the United States’ exercise of authority over Native lands and Peoples. See Johnson v. M’Intosh, 21 U.S. 543 (1823). The Court found that the United States holds clear title to all Native lands subject only to the Native Nation’s right of occupancy, which the United States can terminate through purchase or conquest. In relying on the doctrine of Christian discovery, the Court described it as “the principle that discovery gave title to the government . . . against all other European governments, which title might be consummated by possession.” Id. at 573. The Court used this religious doctrine of domination and dehumanization to unilaterally deprive Native Nations of their sovereign rights, racially juxtaposing the rights of “Christian peoples” against those “heathens” and “fierce savages.” Id. at 577, 590.
In the years that followed, this false religious doctrine became the bedrock for what are now considered to be foundational principles of federal Indian law. In United States v. Kagama, 188 U.S. 375 (1886), and Lone Wolf v. Hitchcock, 187 U.S. 553 (1903), the Court announced Congress’ extra-constitutional plenary power over all Indian affairs—the plenary power doctrine — which it justified by pointing to Native Nations’ loss of sovereign, diplomatic, economic, and property rights upon first ‘discovery’ by Europeans. In The Cherokee Tobacco, 78 U.S. 616 (1870), the Court applied the doctrine and held that Congress can unilaterally abrogate Treaty rights with subsequent legislation unless there is an express exemption provided in the Treaty—the last-in- time doctrine. In Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), the Court deprived Native Nations of criminal jurisdiction over non-members based on the statement in M’Intosh that Native Nations’ rights “to complete sovereignty, as independent nations, were necessarily diminished” by European ‘discovery’ — the diminished tribal sovereignty doctrine. These legal doctrines have been weaponized against Native Nations ever since, including by Congress in authorizing construction of the Bonneville Dam, Dalles Dam, and John Day Dam without the Yakama Nation’s free, prior, and informed consent.
The history of the lower Columbia River dams can be traced back to 1792, when United States Merchant Robert Gray sailed up our N’chi’Wana (Columbia River) and claimed the territory for the United States. Mr. Gray entered our lands and performed a religious doctrine of discovery ceremony by raising an American flag and burying coins beneath the soil, thereby proclaiming dominion over our lands and our families without our knowledge or consent. Following the War of 1812, the United States and England falsely claimed joint authority over what became known as the Oregon Territory until 1846, when England relinquished its claim south of the 49th parallel. Having eliminated British opposition, Congress passed the Oregon Territorial Act of 1848 and the Washington Territorial Act of 1853. Both Territorial Acts reserve the United States’ claim to the sole right to treat with Native Nations, thereby maintaining the federal government’s doctrine of Christian discovery-based claims.
At the Walla Walla Treaty Council in May and June of 1855, the Yakama Nation’s ancestors met with United States representatives to negotiate the Treaty with the Yakamas of June 9, 1855. Article III, paragraph 2 of the Treaty reserves the Yakama Nation’s “right of taking fish at all usual and accustomed places . . .” including many places throughout the Columbia River basin. At no point during these negotiations did the United States express a claimed right of dominion over the Yakama Nation’s traditional lands that would allow the United States to unilaterally ignore the Treaty. Territorial Governor Isaac I. Stevens did not explain that the United States would dam the rivers and violate the Yakama Nation’s Treaty-reserved fishing rights without the Yakama Nation’s free, prior, and informed consent.
What followed was a 100-year conquest of the Columbia River by the United States. First, the United States Supreme Court paved the way by affirming federal regulatory authority over navigable waterways like the Columbia River in Gilman v. Philadelphia, 70 U.S. 713 (1866), and Congress’ extra-constitutional plenary authority over Indian affairs in United States v. Kagama, 188 U.S. 375 (1886). Congress then exercised this supposed authority by passing a series of legislative acts without the Yakama Nation’s consent, including Rivers and Harbors Acts, Right of Way Acts, the General Dams Act, the Federal Water Power Act, and the Bonneville Project Act, all of which facilitated construction of the lower Columbia River dams without regard for the Yakama Nation’s Treaty-reserved rights.
During the Depression, Congress passed the National Industrial Recovery Act authorizing President Franklin D. Roosevelt to approve public works projects like the Bonneville Dam. Construction started in 1933, but President Roosevelt’s approval of the project was quickly deemed unconstitutional in Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935). The authorization was an unconstitutional delegation of legislative authority from Congress to the President. It should have been deemed unconstitutional under the United States Constitution’s Supremacy Clause — which says the Treaty of 1855 is the “supreme law of the land” — because it was inconsistent with the rights reserved to the Yakama Nation by Treaty. Any argument to the contrary is an argument that Congress has plenary power over Indian affairs rooted in the false religious doctrine of Christian discovery.
Congress quickly re-approved the Bonneville Dam’s construction, which was completed in 1938. The Dalles Dam was built from 1952 to 1957, and the John Day Dam was built from 1968 to 1972. The Yakama Nation, as co-equal sovereign and signatory to the Treaty of 1855, never approved the construction of these dams. They inundated the villages, burial grounds, fishing places, and ceremonial sites that we used since time immemorial. Celilo Falls was the trading hub for Native Peoples throughout the northwest. The United States detonated it with explosives and drowned it with the Dalles Dam. After the Dalles Dam’s construction had already started, the United States negotiated an insignificant settlement with the Yakama Nation for the damage caused by the Dam. This was domination and coercion, not consent.
Today, the lower Columbia River dams stand as physical monuments to the domination and dehumanization that the United States continues to impose on Native Nations under the false religious doctrine of Christian discovery. “Columbus Day is a federal holiday celebrating the Christian-European invasion of our lands under the colonial doctrine of Christian discovery. Today, the Yakama Nation rejects that narrative by celebrating Indigenous Peoples’ Day and calling on the United States to remove the lower Columbia River dams that were built without our consent using the same false religious doctrine,” said Chairman Goudy.
