Media contact: Jennifer Wickham, 778-210-0067, yintahaccess@gmail.com Gidimt’en Checkpoint Media Coordinator
FOR IMMEDIATE RELEASE NOVEMBER 22, 2021
WET’SUWET’EN TERRITORY, SMITHERS, BC: Twenty people who were arrested in a two-day violent raid on Wet’suwet’en territory are appearing at BC Supreme Court in Prince George today at 11 am. Those arrested include Gidimt’en Checkpoint spokesperson Sleydo’ and Dinï ze’ Woos’s daughter Jocelyn Alec, as well as two journalists.
Those arrested are all facing charges of civil contempt for breaching the terms of a BC Supreme Court injunction granted to Coastal GasLink (CGL). CGL is seeking a number of conditions of release, including denying many arrestees access to a vast area of Wet’suwet’en territories. The proposed ‘exclusion zone’ is the whole Morice West Forest Service Road or any other areas accessed by the Morice Forest Service Road. Wet’suwet’en people (as determined by CGL) may be exempt from the exclusion zone for “cultural activities” (as defined by the RCMP), while being subjected to ‘culture-free zones’ around CGL work sites.
CGL is also asking Sleydo’ to provide documentation to “prove” she is Wet’suwet’en, and is seeking conditions that would bar her from returning to her home on Wet’suwet’en Yintah where her, her husband Cody Merriman (Haida nation, who was also arrested), and her three children live. CGL is also challenging Chief Woos’s daughter Jocelyn Alec’s status as a Wet’suwet’en person because she has Indian Act status with her mother’s First Nation. The Indian Act is patriarchal and does not determine identity or belonging to a community.
According to Jen Wickham, media coordinator of Gidimt’en Checkpoint: “Coastal GasLink’s proposed conditions of release are punitive, unreasonable and, in targeting Sleydo’ and Jocelyn, completely racist and sexist. Allowing a private corporation to determine two Indigenous womens’ identities and allowing this corporation to deny our inherent rights to be Wet’suwet’en on our territory is a very dangerous precedent. This is the colonial gendered violence that is the root of the crisis of MMIWG2S. Even though Coastal GasLink is trying to intimidate us through the colonial court system, we are Wet’suwet’en Strong. Under the governance of our Hereditary Chiefs, there will be no pipeline on our Yintah.”
In granting an injunction to Coastal GasLink, Justice Church recognized that the Wet’suwet’en are “posing significant constitutional questions” but said that “this is not the venue for that analysis.” However, the 1997 Supreme Court of Canada Delgamuukw-Gisdaywa ruling clearly affirmed that Aboriginal title – the right to exclusively use and occupy land – has never been extinguished across 55,000 square kilometers of Wet’suwet’en and Gitxsan territories.
States Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs: “Industry’s reliance on the racist and oppressive legal weapon of injunctions is a way to maintain the continued dispossession and criminalization of Indigenous peoples. Indigenous peoples should not have to comply with industry and government decisions that deny our Indigenous rights. By dragging us through court and using injunctions against us, our Indigenous rights are being violated and are given less consideration than climate-destroying corporations. We are calling for the release of all Wet’suwet’en land defenders, and for BC and Canada to uphold Indigenous Title and Rights and institute a moratorium on fossil fuel expansion in the wake of clear and present climate catastrophe – including LNG which is not clean energy and is a non-renewable fossil fuel.”
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This morning, members of the Gidimt’en Clan evicted Coastal GasLink (CGL) employees from unceded Wet’suwet’en territory, upholding ancient Wet’suwet’en trespass laws and an eviction notice first served to CGL in 2020 by the Wet’suwet’en Hereditary Chiefs.
Employees were granted 8 hours to peacefully evacuate the area, before the main road into the Lhudis Bin territory of the Gidimt’en clan was closed.
Sleydo’, Gidimt’en spokesperson, commented on the eviction enforcement:
“The Wet’suwet’en hereditary chiefs have never ceded, surrendered, or lost in war, title to this territory. That means that what they say goes. The eviction order from January 4th, 2020 says that CGL has to remove themselves from the territory and not return. They have been violating this law for too long.”
Today also marks Day 50 of the establishment of Coyote Camp, where Gidimt’en members, under the direction of Chief Woos, have reoccupied Cas Yikh territory and succesfully blocked Coastal Gaslink’s efforts to drill beneath Wet’suwet’en Headwaters.
In early 2020, Wet’suwet’en Hereditary Chiefs from all five clans of the nation issued and enforced an eviction notice against CGL, sparking nationwide solidarity protests and paralyzing pipeline work throughout Wet’suwet’en land.
Today, November 14, 2021, the Wet’suwet’en Hereditary Chiefs’ eviction was again enforced.
The 1997 Supreme Court of Canada ruling in the Delgamuukw-Gisdaywa court case affirmed that Aboriginal title – the right to exclusively use and occupy land – has never been extinguished across 55,000km2 of Wet’suwet’en and Gitxsan territories. Despite this, in 2019 and again in 2020, the Royal Canadian Mounted Police (RCMP) have trespassed onto Wet’suwet’en territory and undertaken a series of militarized assaults, enacting violent arrests and following the orders of fossil fuel behemoth TC Energy.
Sleydo’ continued:
“Wetlands have been destroyed. Our animals have been sick. We need to protect what is left for all the future generations. Wet’suwet’en law pre-dates Colonial Law. It has existed since time began in our territories, and we have that same fighting spirit that our ancestors fought so hard to keep alive in us so that we would be able to defend our future generations, this land and this water.”
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This week, governments from around the world will convene online for the first part of the UN Biodiversity Summit COP15 (the second part will take place partially in-person in Kunming in spring), which will agree on the post-2020 Global Biodiversity Framework. Framed as a ‘stepping stone’ to the 2050 Vision of ‘Living in harmony with nature’ as part of the Convention on Biological Diversity (CBD), ratified by 196 countries, this framework is intended to deal with runaway biodiversity loss over the next decade.
Increased attention is being paid to how Indigenous peoples have for centuries realised this aspiration of harmony. Indigenous peoples manage or have rights to 22% of the world’s land, yet this land supports 80% of the world’s biodiversity, even as they struggle to regain ancestral lands that were taken from them in many places. What is less recognised is how Indigenous understanding and perception of reality upholds this harmony.
The CBD meeting three years ago promised greater inclusion of Indigenous peoples and traditional knowledge, and there is much discussion of these issues ahead of COP15. The CBD developed the Akwé: Kon Guidelines in 2004 and further deepened involvement with the launch of a Traditional Knowledge Information Portal. Despite this progress, when mainstreaming of biodiversity into the energy sector was discussed by CBD parties in 2017, the negative impacts of hydropower dams were discussed in biodiversity and ecosystem terms, paying mere lip service to Indigenous rights.
A narrowly technical understanding of hydropower – passed off as “scientific” – underestimates how culture supports economies, conservation and utility for Indigenous peoples living in river basins. When external experts interpret Indigenous knowledge without the context of Indigenous perception of reality (ontology), they fail to grasp its importance. What is needed is an incorporation of Indigenous understanding of reality when discussing biodiversity in Indigenous territories, in order to manage ecosystems better.
The Salween through Indigenous eyes
The Salween River is one of the few major rivers in Asia who still flows freely and uninterrupted by large-scale dams. Roughly 2,400 kilometres long, the Salween flows from the Tibetan Plateau through Yunnan into Myanmar, briefly touching Thailand. The river supports some of the most biodiverse areas in the world and is home to diverse Indigenous groups including the Akha, Blang, Derung, Hmong, Kachin, Karen, Karenni, Kokang, Lahu, Lisu, Mon, Nu, Palaung (T’arng), Pa’O, Shan, Tibetan, Yao, and Wa.
As custodians of the Salween River, community members maintain a spiritual relationship with the Salween, as our ancestors have done since they descended from the Tibetan Plateau many centuries ago. For us, the Salween is home to countless important spirits who are intermediaries between our human societies and the environment around us. She supports the sacred animal and plant species who populate our cosmos and carries the memories of our ancestors whose lives were intertwined with the river. Our relationship with the spirits is maintained and the memories of our ancestors kept alive by our continuous interaction with the Salween River. She is the backbone of our traditional knowledge and practices.
This is a wider understanding of the river than a mere provider of ‘ecosystem services’ that sustains our ‘livelihoods’. In our Indigenous understanding and perception of reality, developed over generations of living in the Salween basin, we don’t make a distinction between plants, animals, humans and more-than-humans such as spirits and ancestral spirits. This interconnectedness remains strong because the Salween is a free-flowing river.
These connections are reflected in Indigenous land, water and natural resource management across the Salween basin. As has been noted with reference to the Htee K’Sah guardian spirits of the water in S’gaw Karen ontology in the journal Pacific Conservation Biology,
“Karen environmental governance consists of social relations and ceremonial obligations with more-than-humans… It is through relations with the K‘Sah that Karen villagers relate to the water and land itself, and humans’ rights to use the land are contingent on maintaining these ritual obligations.”
Indigenous knowledge systems lead to better conservation
Our customary water governance traditions include stewardship practices, hunting and fishing restrictions, and ceremonial protocols that have fostered harmony with nature and safeguarded biodiversity. Our river is inhabited and protected by guardian spirits. In sanctuary areas, prayer ceremonies are performed to protect the fish and harm those who fish there. Our traditional watershed management systems designate ecologically sensitive areas such as ridges, watersheds and old growth forests, where the cutting back of forest is prohibited.
The benefits of traditional knowledge and practices for biodiversity thus come from the cultivation of a harmonious relationship between humans and more-than-humans, which is why sacred areas – an old tree or an entire mountain or river – must be protected. The ongoing relevance of such traditional knowledge and practices can be seen in the Salween Peace Park, an Indigenous initiative in Karen state that was awarded the 2020 UNDP Equator Prize. Around 75% of the forests, mountains and rivers that constitute the 1.4-million-acre area is managed according to traditional ‘kaw’ customary knowledge that combines spirituality, culture and conservation. This combination characterises Indigenous knowledge and is at the heart of Indigenous identity even when people have adopted ‘formal’ religions.
Indigenous knowledge and practices that are beneficial for biodiversity cannot be separated from Indigenous understanding and perception of reality. The inseparability of Indigenous ontology, Indigenous knowledge and Indigenous practices is hard to recognise for people living outside these ontologies. It is not possible to capture or preserve our Indigenous knowledge in a museum or a book. What meditation and prayer in a house of worship is for other religions, for us is the interaction with the Salween River. Our knowledge regenerates from our interaction with our environment, especially at the countless natural sacred sites and auspicious confluence points where the Salween meets its tributaries. We see her as a living entity.
Uninterrupted interconnectedness is key for the Salween
There are plans for seven Chinese-built dams along the Salween River, which has been a source of friction between Myanmar and China, as well as the current and previous governments and Indigenous groups. If the Salween River is dammed, it will strike at the heart of our cultures and beliefs. The severance of the river itself and the cascade of consequences will be the death knell for our traditional knowledge and practices for three reasons.
Firstly, the Salween responds to seasonal snowmelt and monsoon rains. Altering these variations in her flow affects the river’s ecology, severing people’s interdependency with the river by causing a decline in local river-linked livelihoods such as fisheries and agriculture. If these are disrupted, young people will have no choice but to take up professions disconnected from the river or move away. Less interaction and cohabitation with the river over time weakens Indigenous knowledge systems.
In the Karen context, Lu Htee Hta is one of the most important ceremonies performed as part of our relationship with the water, a ‘founders’ ritual’ which maintains a social contract with the more-than-human owners of the water and land. If the next generation is not able to conduct these rituals, the social contract will be broken. Without the continuous interactions between animals, humans and non-humans in the Salween basin, Indigenous knowledge will cease, and with it practices that have sustained the rich biodiversity we see today.
Secondly, dam-induced changes to the river’s rhythms, levels and nutrition will reduce the numbers and ranges of many sacred aquatic species that are strictly protected in the traditional management systems of the Salween, including the fish Nya Moo, Nya Ter Taw, and Nya Pla (Neolissochilus sp.). For instance, a reddish species of Nya P’tay is regarded as the king of all fish and killing them, we believe, will result in the extinction of fish species and water scarcity and drought. The Salween is home to a diversity of turtles greater than any other river in the world, and we regard a number of them as sacred.
Mainstream dams will also affect river-based sites considered sacred, such as the Thawthi Kho watershed area, threatening the effective protected status of waterbodies rich in biodiversity such as spring-fed pools, mud beds, waterfalls, rapids and islands. If these sacred natural sites run dry or flood in unusual ways, people will believe that the spirits may become angry and cause accidents and illness in nearby communities, or leave the river altogether, stripping these sites of protection.
Third, if our Salween is fragmented by dams, this will disrupt the flow, interconnection and relationship between all beings that depended on it. This upsets the balance in the river, which in turn upsets the balance between the river, humans and more-than-humans. It is the wholeness of the river – connecting beginning to end; past to present; humans to more-than-humans – that makes her the backbone of our belief systems. This gives her a sacred meaning as an indivisible living entity that supports our Indigenous cosmos.
Recognition and action for Indigenous ontologies
We draw hope from recent developments that have seen the central importance of free-flowing rivers in Indigenous ontologies being increasingly recognised, including by parties to the CBD. In 2017, New Zealand acknowledged the sacred status of the Whanganui River in Maori ontology by giving the river legal personhood. Through this act, New Zealand recognised the Whanganui as “an indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements”. New Zealand acknowledged “the enduring concept of Te Awa Tupua – the inseparability of the people and the River” thereby echoing the ancient Maori proverb: “The Great River flows from the mountains to the sea. I am the River and the River is me.”
According to the New Zealand attorney general in charge of the process, their most difficult challenge was getting the country’s European-descendant majority “to see the world through Maori eyes”. While rivers have since been recognised as living entities in CBD member countries such as Ecuador, Bangladesh and Canada, many other CBD members are still severing the flow of rivers sacred to Indigenous Peoples. In our own country, Myanmar, the military junta recently announced a fresh push to dam the Salween River.
Participants at the COP15 of the Convention on Biological Diversity should move beyond previous calls for ‘participation by’ and ‘consultation with’ Indigenous Peoples to recognise ontological diversity in order to safeguard biodiversity in Indigenous territories. To play an effective role in addressing the biodiversity crisis, we have to be able to sustain our own ‘Ecological Civilisation’.
Parties to the CBD should consider legislation that recognises legal personhood and rights of rivers considered sacred to Indigenous Peoples and incorporate Rights of Nature into the post-2020 Global Biodiversity Framework. Parties should also translate the Akwé: Kon Guidelines into their national laws so that these guidelines become more relevant. Through enabling more research into Indigenous ontologies and their spiritual relationship with rivers, the CBD Secretariat should help to foster a better understanding of who a river is in the ontology of Indigenous Peoples.
Above all, parties to the CBD should, in their effort to mainstream biodiversity in the energy sector, commit to excluding large-scale hydropower as an energy option for rivers such as the Salween which are sacred and culturally significant to Indigenous Peoples.
On a cool morning in December, Johnella LaRose stands in a 2-acre field in east Oakland, overseeing a group of volunteers preparing a section of this land that the Sogorea Te Land Trust stewards for the arrival of a shipping container. LaRose is dressed to work, wearing jeans and boots that look broken in.
The container will serve as storage for farming equipment, she says, and in case of a natural disaster, as a safe shelter for people to gather, sleep, and access resources.
LaRose is co-founder of the Sogorea Te Land Trust, an intertribal women-led organization that is in the final stages of securing nonprofit status. It’s working to acquire access—and ownership—to land in the Bay Area, where Ohlone people have lived for centuries.
Label for buckwheat in the hugel raised bed where the Sogorea Te Land Trust grows plants native to the region. Photo by Deonna Anderson
The goal, says LaRose, is to establish a land base for the Chochenyo and Karkin Ohlone people, whose ancestral territory includes cities in the East Bay. “The land gives us everything that we need in order to survive,” says Corrina Gould, a Lisjan Ohlone leader and the other co-founder of the land trust. “That’s how people lived for thousands of years on our land and other Indigenous people’s land. … You work with the land so that it can continue to provide, but that you honor that relationship by not taking too much.”
Gould says Sogorea Te plans to steward the lands it has in a way that honors it.
Sogorea Te got access to the land in east Oakland in 2017 through a partnership with Planting Justice, a local grassroots organization that owns the property and uses it to house a nursery of edible tree crops for purchase by community members and others online. The land is also a place where Planting Justice’s reentry work takes place, because the nursery is staffed mostly by people who were formerly incarcerated.
Planting Justice plans to give the deed on the parcel to Sogorea Te—at no cost—in the future. And the two organizations plan to continue to work on the land together. In the future, Sogorea Te intends to purchase land by partnering with organizations who own land and are willing to transfer ownership.
LaRose hopes the lands Sogorea Te stewards will facilitate healing and build resiliency for Ohlone people. When she imagines the purpose the shipping container could serve, for example, LaRose thinks about Hurricane Katrina and its disproportionate impacts on poor and Black communities in New Orleans.
The Trust’s vision for this particular plot of land is to create an Indigenous cultural site.
As LaRose talks about her hopes, the volunteers build the foundation for the 5,000-pound shipping container. So far, volunteers have dug down 4 inches, removed the dirt, leveled it out, and started hauling gravel to fill in the hole. Once the container arrives, they’ll build it out with a kitchen, deck, and solar panels.
The 2-acre parcel where LaRose and volunteers are working is in the Sobrante Park neighborhood of east Oakland, which has little access to public transportation and grocery stores. It is surrounded by dense rows of apartments and houses. Train whistles and freeway noise can be heard from where LaRose and the volunteers are working.
Sage—called “miriyan” in the Ohlone language—grows in the hugel raised bed. Photo by Deonna Anderson
Near the back fence of the plot runs San Leandro Creek—renamed with its Ohlone name, Lisjan Creek, by the trust. Previous work parties have installed a hugel (short for “Hügelkultur”) raised bed where plants native to the region are growing. A no-till mound of soil and wood chips, Sogorea Te’s hugel has sage, wild onion, and milk weed, each labeled with their Ohlone name—miriyan, ‘uuner, and šiska. The plants are used for ceremony and medicine.
The trust’s vision for this particular plot of land is to create an Indigenous cultural site with a traditional arbor 9- to 15-feet tall, built out of redwoods. The arbor will be a place for ceremony that Ohlone people can pass on to future generations.
Gould says that the Ohlone never lost their connection to the land.
“We’ve been here since the beginning of time, so there continues to be a deep connection to land and how we relate on a daily basis has changed because of colonization,” she says. “It’s really been my generation that’s been able to come out and begin to speak about these horrific issues and to talk truth to history.”
Sogorea Te comes from a history of Ohlone people working to gain recognition and access to land in the Bay Area. The name Sogorea Te is the Ohlone name of a site in Vallejo, California, where a cultural easement fight took place in 2011. LaRose and Gould’s first organization, Indian People Organizing for Change, was involved in reoccupying the territorial site for 109 days. During that time, together with the Yocha Dehe and Cortina tribes, they recreated a village site with a sacred fire and stopped development of a sacred site along the Carquinez Strait.
Owned by the nonprofit Planting Justice the east Oakland plant nursery is planned to be transferred to the Sogorea Te Land Trust once the mortgage is paid in full. Photo by Deonna Anderson
The occupation led to the first cultural easement agreement among a city, a park district, and a federally recognized tribe. Gould says the easement allowed the tribe to have the same rights to that land as the other entities.
LaRose and Gould say they began Indian People Organizing for Change in 1999 to address issues relevant to their community, including homelessness and protection of sacred Indigenous sites. All of these issues, they say, are rooted in the same problem: dispossession from their people’s ancestral lands.
The issue of land return is particularly important for the Ohlone people who for centuries have had no land base and have been politically and economically marginalized. Today, the Ohlone are not on the list of 573 federally recognized tribes in the United States.
The idea behind establishing a land trust was for these Indigenous women to create a land base for their community.
Ohlone life changed dramatically when Spanish military and civilians began to encroach on the San Francisco Bay Area in the late 1700s.
Colonizers raped and forced Ohlone people into labor, brought diseases such as small pox and measles, and dispossessed Ohlone people of their lands.
Ohlone people survived and continued to live in that region, which today is one of the densest and most expensive metro areas in the U.S.
In 2015, LaRose and Gould established Sogorea Te Land Trust. It was another step in the work they’d already been doing to restore cultural access to ancestral lands.
Planting Justice and Sogorea Te Land Trust staff use this work area to store equipment sell plants and conduct portions of trainings. Photo by Deonna Anderson
Gould says they hope the land trust will allow Ohlone people for generations to come to reengage the land in the way that it was and has been done traditionally. That looks like bringing back traditional songs, dances, and ceremonies back to the land “and to try to create a balance.”
The idea behind establishing a land trust, which was sparked after Gould attended a meeting with existing Native-led land trusts in 2012, was for these Indigenous women to create a land base for their community.
“When you follow the rules, man, you’re not going to get anywhere,” LaRose said. “You really just have to really be brave and just put yourself out there and say, ‘This is what’s going to happen. This is what we’re going to do.’”
So far, the largest lot of land that Sogorea Te has access to is the quarter-acre in east Oakland.
The organization Planting Justice purchased that plot in the fall of 2015 as an additional location for its food justice work, with a low-interest loan from the Northern California Community Loan Fund and individual donations from community members. The nonprofit already owned land elsewhere in the East Bay.
Volunteers from the group Manhood Embodied moved and leveled gravel at the plant nursery stewarded by Sogorea Te Land Trust in east Oakland. Photo by Deonna Anderson
In November 2016, its founders Gavin Raders and Haleh Zandi drove North Dakota to join the #NODAPL protests in Standing Rock. On their way back to the Bay Area, they started thinking about their relationship to the land and their role in the Indigenous people in their own community.
Raders said both he and Zandi were aware of the history of colonization and genocide that happened to Indigenous people in California. But during their conversations with Indigenous elders, they began to ask themselves what it meant for Ohlone people to not be federally recognized and have no land base.
“I’m not really sure how this is going to look, but we want to be able to figure out how to give the land back to Indigenous people,” Raders remembers thinking.
Diane Williams, a friend of Sogorea Te’s founders who worked at Planting Justice, connected the two organizations in hopes that they’d work together in some capacity.
After numerous months, members of the groups, including LaRose, Gould, and Raders, finally met in August 2017 and officially started their partnership in fall 2017.
Trichostema grows in the back section of the land shared by Sogorea Te Land Trust and Planting Justice in east Oakland. Photo by Deonna Anderson
At that meeting, Sogorea Te learned that Planting Justice still owed hundreds of thousands of dollars on the mortgage but that when it was paid off, the organization wanted to sign the title over to the land trust, “which was a real surprise to us,” LaRose says.
“We want to be able to figure out how to give the land back to Indigenous people.”
That’s the first piece of land that the land trust was given to steward, with a verbal agreement between the organizations that they’d share it and work in cooperation with one another.
“It’s clearly understood by the Planting Justice board and the Sogorea Te Land Trust that this is a partnership that’s going to continue,” says Raders, a Planting Justice co-founder, who notes that his organization is committed to transfer the land to Sogorea Te ownership no matter how long it takes to pay off the mortgage. From there, the trust will establish a lease agreement with the organization so it can still have operations on the 2-acre parcel.
Planting Justice considered putting a cultural (or conservation) easement on the site, one that the Land Trust would manage, but it couldn’t because it is still paying off the mortgage of the land. Raders said the mortgage holders did not allow Planting Justice to move forward with an easement in case the mortgage did not get paid in full.
“Conservation easements last forever, no matter who owns the property in the future so those restrictions still run with the land,” said Sylvia Bates, director of Standards & Educational Services at the Land Trust Alliance, a national land conservation organization.
Johnella Larose points out the soap root plant that grows in the hugel raised bed. Photo by Deonna Anderson
In a scenario where an entity owns or is stewarding land with a conservation easement, the organization is obligated to make sure those restrictions stay in place. The mortgage holders did not want to deal with that possibility.
LaRose and Gould say that they’re figuring it out as they go along and are open to all the possibilities of acquiring land. “I don’t think that there’s one way that we’re looking at it,” Gould says. “We’re just trying to figure out, ‘how do we do that?’ and we’re bringing people along with us.”
In addition to the land in east Oakland, the trust stewards five plots of land throughout the Bay Area where they grow native plants and gather for ceremony.
Sogorea Te is also now in talks with an organization about land in Sonoma County. And in March, LaRose and Gould caught wind of a couple of vacant lots in Oakland that they might want to take into their care.
The organization doesn’t yet own any of these parcels, but they hope to soon.
Passionfruit grows along a section of the back fence on the land shared by Sogorea Te Land Trust and Planting Justice. Photo by Deonna Anderson.
In partnership, Planting Justice and Sogorea Te continue to work on the land together, as Planting Justice pays off the mortgage on the 2 acres in east Oakland and Sogorea Te raises funds to buy other parcels in the east Bay. Planting Justice plans to give the land to Sogorea Te once the mortgage is paid off. From there, Planting Justice will continue to operate on the land with a lease from the land trust.
LaRose said she’d really like someone with the resources to come in and give them the money to pay off the mortgage in full.
“Weirder things have happened,” she said.
One way Sogorea Te is raising funds is through the Shuumi Land Tax, a tax that the land trust has been implementing since 2016. It’s a voluntary tax for people who live on Chochenyo and Karkin Ohlone land, encompassing two dozen cities that make up most of the East Bay.
It was modeled after the Honor Tax that the Wiyot people started in Humboldt County, California. And there are other groups running similar taxes, like Real Rent, which encourages Seattleites to make rent payment to the Duwamish Tribe.
The Shuumi Tax is based on how many rooms people have in their home and whether they rent or own. As the value of a person’s home—or of rental costs—increase, so does the tax.
“But a lot of people give a lot more money. A lot more money but it’s this idea that you’re really paying for the privilege of living on Ohlone land, occupied land,” LaRose said. “It’s like reparations of some sort.”
Bins of sage and other plants in the back quarter-acre of a plant nursery stewarded by Sogorea Te Land Trust. Photo by Deonna Anderson
In 2018, KALW reported that the land trust received $80,000 from 800 contributions in the previous year.
The tax funds have been used for staff, office costs, and supplies. And in the future, they will be used to buy and maintain lands that are under the land trust’s stewardship.
Back at the Planting Justice site, two hours have gone by and the volunteers’ work is almost done for the day. Their last big task begins when the contractor brings another truckful of gravel. Volunteers spread out this new load until it’s level.
LaRose says volunteers and other community members are always thanking her and the Sogorea Te team for doing this work.
“But I’m like, ‘we have to do it.’ It’s not like we want to do it,” she said. “We have to do it.”
DEONNA ANDERSONis a freelance digital and radio reporter and a former Surdna reporting fellow for YES!
Editor’s note: Colonialism has not ended. It is in full force. It is what civilization does. For this to end, governments must give the Land Back. All BLM, Forests and Park land should be returned to the sovereign Nations it was stolen from. Turtle Island is Treaty Land, ceded or unceded. Treaties are the Supreme Law of the Land and must be honored. Australia just returned more than 395,000 acres of land to the Eastern Kuku Yalanji people. It included the Daintree National Park which is believed to be the oldest living rainforest in the world. Protections for the Bears Ear National Monument are being reinstated and management of the 1.3 million acres will be placed back into indigenous management. Rightful Lands, Rightful Hands!
As Colorado and other states eliminate Columbus Day as a holiday, it might seem as if our society has begun to repudiate the legacy of a slave trader/explorer who fed Spain’s lust for gold by trafficking in, and annihilating, native peoples. In truth, we continue to celebrate it.
We celebrate it every time the desires of the dominant culture override the concerns of native peoples about destruction of their homelands and sacred sites. Despite relentless legal and political resistance from affected tribes, Canadian oil that is produced by converting forests to sand pits recently began flowing through the Enbridge Line 3 pipeline.
The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.
Earlier this year, a federal court ordered the federal government to reassess the environmental impacts of the Dakota Access Pipeline, yet the Biden administration is allowing it to continue to operate.
In the coming days, it is likely that, over the objections of native people, including the Fort McDermitt Paiute-Shoshone Tribe and Atsa Koodakuh Wyh Nuwu/People of Red Mountain, backhoes will claw into Thacker Pass, Nevada, a relatively pristine desert landscape and site of a U.S. Cavalry massacre of Paiutes. Thacker Pass contains the largest lithium reserves in the United States. The mine will destroy nearly 5,700 acres to fuel the “green energy” revolution touted by advocates of the Green New Deal.
Affected tribes and native activists asked U.S. District Court Judge Miranda Du to stop the excavation, which she declined to do. The federal-agency defendants “do not dispute that the Tribes consider the entire Thacker Pass area sacred,” Judge Du stated. Regardless, she noted that the tribes lack the “right to prevent all digging in the entire Project area” and instead are entitled only to consultation with U.S. officials.
What Columbus achieved through bloodshed and savagery is now accomplished with paper weapons wielded in a federal court.
Judge Du’s blunt statement about the toothless legal recourse available to tribes also reveals the white supremacy embedded in federal law. In 1823, in Johnson v. McIntosh, Justice John Marshall cited the “superior genius” of Europe as justification for federal dominance over native nations. Marshall acknowledged how “extravagant the pretension of converting the discovery of an inhabited country into conquest may appear.” Still, “if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the community originates in it, it becomes the law of the land and cannot be questioned.”
Nearly 200 years after Marshall invoked the “Doctrine of Discovery,” the fundamental relationship between native nations and the U.S. government is unchanged. Despite occasional pledges from presidents to honor native rights, those promises are mostly gimmicks designed to distract from the day in, day out policy choices that undermine native rights through federal approval of projects like the Thacker Pass lithium mine and the Dakota Access and Enbridge pipelines.
The Obama administration endorsed the UN Declaration on the Rights of Indigenous Peoples, which requires states to obtain “free, prior and informed consent” before taking actions that affect native peoples, yet that endorsement has had no effect on approval of massive projects so destructive to native lands. For this reason, the Biden administration should immediately enforce those protections in federal permitting decisions. The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.
Karen Breslin is an attorney and teaches political science at Metropolitan State University of Denver.
