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!
By Matt Rendell
This story weaves the indigenous cultural revival of the Muysca people of Suba in Colombia, together with the transition to more sustainable living. It is contributed by award-winning author Matt Rendell who spoke with Muysca social activists and grew to know the community through his work as a cycling journalist in the riding obsessed country, and the elite cyclist, Nairo Quintana, who is probably the best known international Muysca advocate.
As the climate emergency bites, sustainable new social and cultural practices are urgently needed. Lasting change may require not just temporary good intentions, but permanently reconfigured identities. Around the world, groups are already working hard on such a project. On a steep hillside in an area called Suba above Bogotá, the capital of Colombia, a new group of Colombians are claiming ancestry from the ancient Muysca people – indigenous people whose land this was when the Spanish invaded in the 1530s – and proposing a complete regeneration of their culture. They intend to restore the language and return the landscape to its previous mystical role, bringing what remains from history alive with new myths and rituals. The group believes it has much to teach the rest of the world about understanding how we are all indigenous people with a need to connect to shared places, traditions, and rituals.
The Cabildo Indígena Muysca de Suba – the local organisation spearheading the Muysca revival – has its centre in the town square, where traditional crafts such as weaving are taught, and the beautiful fabrics produced are used to raise money for the project. This small but ambitious organisation is trying to reverse the identity loss caused by urbanisation through restoring the Muysca collective memory. Its leader, anthropologist Jorge Yopasa, explains how much of the knowledge is still available:
“We read what the anthropologists say, and the historians and archaeologists, but we also talk to our grandparents. Oral history yields surprising results. What the anthropologists say they were doing in 1680, our grandparents remember doing in 1960 or 1970.”
Numerous small vegetable plots form urban gardens across the slopes, alongside traditional round houses with conical roofs, traditionally made with wood, clay and reed, but now often made from recycled materials. These houses face East in memory of how, in pre-Columbian times, such dwellings might be arranged in large enclosures in the form of a vast cosmological clock. The East and West-facing doors turned the buildings themselves into a three-dimensional calendar detecting equinoxes and solstices. The people who live here are researching their own indigenous history, re-planting their traditional foods – such as quinoa – and reclaiming and cleaning up what they see as their land. This is an environmental, social, and spiritual effort. They wish to reverse what they see as the erosion of the spiritual dimension that came with urbanisation. They hope to undo the negative, impoverishing impact of science and Enlightenment thinking that the sociologist Max Weber described in his famous expression, “the disenchantment of the world.”
The Muysca have already been under attack for hundreds of years. But Muysca quinoa and the Muysca language are on their way back, and linguists are using old, colonial dictionaries, and surviving, closely-related languages, to revive the old tongue. Nearly five centuries after the Spanish conquest, the Muysca revival is real.
Credit: “Quinoa” by RahelSharon (CC BY-NC-ND 2.0)
Wider relevance
Protecting the world’s indigenous inhabitants has been shown to be an effective way of safeguarding the natural world – particularly if knowledge held by the older generations can be saved in time to be passed on. Awareness of this is growing slowly and there are currently active campaigns by indigenous peoples to support elders whose intimate knowledge of the Amazon is threatened by Covid-19. But there is another indigenous group that are often forgotten: the original dwellers in the spaces now occupied by the world’s cities, dispossessed by modern development of their land and culture, and only now rediscovering and reviving their cultural specificity as a spiritual, environmental, anti-consumerist cultural force for good.
Modern urban sprawl has taken over indigenous territories all over the Americas, Africa, and Asia. Only now are they beginning to reconstruct their identities, and build, as they do so, a new way of working-class urban existence that encompasses and absorbs youth culture, environmentalism, the rejection of consumerism, and the re-spiritualisation of the cosmos. The modern Muysca call this “el proceso” – the process.
Of course, the Muysca are a small group who are unlikely to be able to shift national policy. But openness to their culture could bring with it an understanding of other ways of being in the world. For example, the pre-Columbian system worked on gift-exchange rather than currency. And before the arrival of the European invaders, gold was not used as currency of exchange, but as a means of communicating with the gods. It was mixed with copper, moulded into shining religious figurines called tunjos and, within hours of production by the Muysca metalworkers, buried in the earth or dropped into lakes in a passion play of the visible and the invisible. The urban Muysca today are not rich in gold as their ancestors were. In fact, they lie right at the base of Colombia’s social pyramid. But their decision to take an active role in retelling their own history is interesting. Today, the Muysca elaborate new stories of their ancestral past, integrating, revising, and occasionally forgetting ‘official’ versions imposed by representatives of the State.
Context and background
After years of urban expansion, during which Bogotá engulfed the remaining of the Muysca people, it finally annexed Suba in 1954. By then, much of their identity had been forgotten. But, according to the academic Pablo Felipe Gómez, who has spent twenty years studying the urban Muysca movement, “Most of these elders never recognised that they were Muysca. Their identity lay dormant in the memory because of the historical processes that had overwhelmed them. No one ever told them that they were indigenous!”
When Carlos Caita, the first governor of the Suba cabildo or indigenous council, began studying land titles in the 1980s, he realised that they went back as far as the abolition of indigenous reserves and collective indigenous property in 1875, when the land had been distributed among five resident Muysca families. After its annexation by Bogotá, the families who had not sold their lands were dispossessed by unscrupulous surveyors and lawyers, and the Muysca, bereft of both language and traditions, disappeared into a historical dead-end as manual labourers or caretakers of other people’s property.
Credit: “Bogota, Colombia” by szeke (CC BY-NC-SA 2.0)
In 1990 descendants of the five families resident on the nineteenth-century Muysca reservation began legal proceedings to recover their lost estates. In 1991 Colombia adopted a new Constitution that undertook to recognise and protect its ethnic and cultural diversity. Under the framework established by this new Constitution, the Ministry of the Interior gave the group of five families its blessing, thereby transforming it into the first urban Muysca community. Before long, the descendants of peoples expunged from history centuries before began to assert their indigenous identity. Between 1991 and 2006, four Muysca councils were given state recognition and Muysca was one of 101 ethnic identities listed in the 2005 national census. However, since 2006, the State has refused to certify further groups, perhaps seeing that the community in Suba had tripled its membership in a decade, and that new organisations were emerging. The rebuilding of their cultures proposed by these groups, reviving ancient myths, rituals and elaborating new ones, also meant bringing back their language, which was forbidden in 1770 by royal decree, when Spanish became the dominant language for social, religious, economic, and political reasons.
Enabling factors
Leaders who are inquisitive about the past and about culture – in this case anthropologists – undoubtedly helped the transition, along with some favourable legislation in the form of a Constitution that was trying to renew itself in order to include formerly excluded people. This interest in the past includes the chronicles of the Conquest, which contain accounts of Muysca legends taken down by the priests who accompanied the Conquistadors. These have been scoured to identify possible sources from which to shape a modern Muysca culture. However, to renew a culture and reconnect it with the land, detailed knowledge from the past plus a generous dose of imagination to fill in the missing gaps has enabled the Muysca people to rebuild – and to regenerate when rebuilding is no longer possible.
The local food illustrates this process. The area’s name Suba means “quinoa seed.” The Conquistadors long ago replaced quinoa, a Muysca staple, with wheat. But the old ways, once outmoded, have a way of coming back, and local people are beginning to grow vegetables and medicinal plants of spiritual significance to the Muysca. These include sweetcorn, potatoes, coriander, uchuva – known in the UK as physalis and in North America as golden berry – and, of course, quinoa, which has taken the better part of five hundred years to become the latest superfood. There are other examples of how modern life rejects the past, stigmatises it, then rediscovers it with a premium price tag attached. For example, the crop hemp, once enormously important in Europe for making rope, clothing and a huge range of materials, has returned after decades in the wastebin as an alternative, more sustainable crop for making designer clothing and as an insulator in eco-builds.
Perhaps the extreme poverty of Colombian urban life for many has turned people elsewhere to look for a better kind of life – particularly with the knowledge that it was not always this way. Young Muysca talk about how their grandparents used to eat trout from the Bogotá River. To do so today would be unthinkable: millions of gallons of industrial chemicals, farm run-off, household detergents and human waste drain unfiltered into it, while it has become a sewer to Bogotá’s 8 million inhabitants, and for hundreds of thousands more along its basin. The river has become so toxic that inspectors require oxygen masks and special clothing. The Muyscas are part of the environmental movement pressing for a clean-up. Many are active in public and development policy, fighting to save the environment. These people recognise how urban life separates economic life from nature and separates people from their spiritual selves; they want to create a new way of urban living that will not destroy the planet. This is something we have seen in other places, from London’s National Park City movement to efforts to pedestrianise cities and grow food in cities.
These Khadia men were thrown off their land after it was turned into a tiger reserve. They lived for months under plastic sheets. Millions more face this fate if the 30% plan goes ahead.
Participants in the world’s first Congress to decolonize conservation have released a manifesto calling for a total halt to new Protected Areas which exclude Indigenous and local communities.
– that governments “fully respect, protect and uphold Indigenous peoples’ land and forest rights, respect collective customary land and forest use by local communities, to ensure protection of that land in accordance with their wishes” as the primary means of protecting the world’s biodiversity
– “Governments and conservation organisations must acknowledge the huge toll that strictly protected conservation areas have taken on the lands, livelihoods and rights of many communities worldwide; they must make concrete plans for reparations of past wrongs, including through transferring control back to the historical and local guardians”
– “High income countries… must cease funding conservation programmes which destroy local people and livelihoods, including by failures of FPIC, irrespective of whether this is intentional or not.”
The manifesto calls for “a conservation model that fights against the real causes of environmental destruction and is prepared to tackle those most responsible: overconsumption and exploitation of resources led by the Global North and its corporations.”
The demand for a radical change to the current model of conservation has grown louder in recent months. The UN’s Special Rapporteur on Human Rights and the Environment released a strongly-worded policy brief in August, arguing that achieving environmental goals “demands a dramatic departure from ‘conservation as usual’.” His brief calls instead for a radically different, rights-based approach.
Many organizations and institutions, however, claim to endorse these calls while simultaneously promoting aggressive “fortress conservation” projects. The European Commission, for example, talks in its Biodiversity Strategy of “strengthen[ing] the links between biodiversity protection and human rights … and the role of indigenous peoples and local communities” – but continues to fund conservation projects in Africa that exclude them.
Likewise, 150 NGOs recently published an open letter calling on world leaders to put human rights at the centre of environmental policy – but the group included WWF, whose “secret war” of funding “vicious paramilitary forces” has been the subject of multiple media exposés and human rights investigations.
Fiore Longo, head of Survival’s Decolonize Conservation campaign, said today: “Most governments and NGOs these days are good at producing nice-sounding rhetoric about respecting Indigenous rights. But the same people are promoting a massive drive to create new Protected Areas on Indigenous lands as part of the 30×30 plan that constitutes the biggest land grab in world history.
“We can see the same pretence in calls for Nature-Based Solutions to climate change. These are really just a new spin on what used to be called carbon offsets. They’ll allow Indigenous lands to be bought and sold, in order to permit the world’s most polluting companies to carry on polluting.
“Only the full recognition of Indigenous peoples’ land ownership rights will prevent them from continuing to be the sacrificial victims of fortress conservation and Nature-Based Solutions. It’s also a key step in addressing the biodiversity and climate change crises.”
‘Our Land, Our Nature’. The conservation industry has a dark side rooted in racism and colonialism that destroys nature and people.
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.
Pop singer Britney Spears’ quest to end the conservatorship that handed control over her finances and health care to her father demonstrates the double-edged sword of putting people under the legal care and control of another person.
A judge may at times deem it necessary to appoint a guardian or conservator to protect a vulnerable person from abuse and trickery by others, or to protect them from poor decision-making regarding their own health and safety. But when put into the hands of self-serving or otherwise unscrupulous conservators, however, it can lead to exploitation and abuse.
Celebrities like Spears may be particularly susceptible to exploitation due to their capacity for generating wealth, but they are far from the only people at risk. As a lawyer with decades of experience representing poor and marginalized people and a scholar of tribal and federal Indian law, I can attest to the way systemic inequalities within local legal practices may exacerbate these potentially exploitative situations, especially with respect to women and people of color.
Perhaps nowhere has the impact been so grave than with respect to Native Americans, who were put into a status of guardianship due to a system of federal and local policies developed in the early 1900s purportedly aimed at protecting Native Americans receiving allotted land from the government. Members of the Five Civilized Tribes of Oklahoma – Cherokee, Choctaw, Chickasaw, Creek, and Seminole nations – were particularly impacted by these practices due to the discovery of oil and gas under their lands.
Swindled by ‘friendly white lawyers’
A conservatorship, or a related designation called a guardianship, takes away decision-making autonomy from a person, called a “ward.” Although the conservator is supposed to act in the interest of the ward, the system can be open to exploitation especially when vast sums of money are involved.
By that time, federal policy had forced the removal of the Five Civilized Tribes from eastern and southern locations in the United States to what is presently Oklahoma. Subsequent federal policy converted large tracts of tribally held land into individual allotments that could be transferred or sold without federal oversight – a move that fractured communal land. Land deemed to be “surplus to Indian needs” was sold off to white settlers or businesses, and Native allotment holders could likewise sell their plots after a 25-year trust period ended or otherwise have them taken through tax assessments and other administrative actions. Through this process Indian land holdings diminished from “138 million acres in 1887 to 48 million acres by 1934 when allotment ended,” according to the Indian Land Tenure Foundation.
During the 1920s, members of the Osage Nation and of the Five Civilized Tribes were deemed to be among the richest people per capita in the world due to the discovery of oil and gas underneath their lands.
However, this discovery turned them into the victims of predatory schemes that left many penniless or even dead.
Reflecting on this period in the 1973 book “One Hundred Million Acres,” Kirke Kickingbird, a lawyer and member of the Kiowa Tribe, and former Bureau of Indian Affairs special assistant Karen Ducheneaux wrote that members of the Osage Nation “began to disappear mysteriously.” On death, their estates were left “not to their families, but to their friendly white lawyers, who gathered to usher them into the Happy Hunting Ground,” Kickingbird and Ducheneaux added.
Lawyers and conservators stole lands and funds before death as well, by getting themselves appointed as guardians and conservators with full authority to spend their wards’ money or lease and sell their land.
Congress created the initial conditions for this widespread graft and abuse through the Act of May 27, 1908. That Act transferred jurisdiction over land, persons and property of Indian “minors and incompetents” from the Interior Department, to local county probate courts in Oklahoma. Related legislation also enabled the the Interior Department to put land in or out of trust protection based on its assessment of the competency of Native American allottees and their heirs.
Unfettered by federal supervisory authority, local probate courts and attorneys seized the opportunity to use guardianships to steal Native Americans estates and lands. As described in 1924 by Zitkála-Šá, a prominent Native American activist commissioned by the Secretary of Interior to study the issue, “When oil is ‘struck’ on an Indian’s property, it is usually considered prima facie evidence that he is incompetent, and in the appointment of a guardian for him, his wishes in the matter are rarely considered.”
The county courts generally declared Native Americans incompetent to handle more than a very limited sum of money without any finding of mental incapacity. Zitkála-Šá’s report and Congressional testimony documented numerous examples of abuse. Breaches of trust were documented in which attorneys or others appointed conservators took money or lands from Nation members for their own businesses, personal expenses or investments. Others schemed with friends and business associates to deprive “wards.”
‘Plums to be distributed’
One such woman in Zitkála-Šá’s report was Munnie Bear, a “young, shrewd full-blood Creek woman … [who] ran a farm which she inherited from her aunt, her own allotment being leased.” Munnie saved enough money to buy a Ford truck and livestock for her farm, with savings remaining in a bank account. Once oil was discovered, however, the court appointed a guardian, who appointed a co-guardian and retained a lawyer, each of whom deducted monthly fees that depleted Bear’s funds. During the period of her guardianship, she was unable to spend any money or make any decisions about her farm or livestock, nor did she control her bank investment.
Zitkála-Šá’s report displays the extent of this practice:
“Many of the county courts are influenced by political considerations, and … Indian guardianships are the plums to be distributed to the faithful friends of the judges as a reward for their support at the polls. The principal business of these county courts is handling Indian estates. The judges are elected for a two-year term. That ‘extraordinary services’ in connection with the Indian estates are well paid for; one attorney, by order of the court, received $35,000 from a ward’s estate, and never appeared in court.”
Wards were often kept below subsistence levels by their conservators while their funds and lands were depleted by the charging of excessive guardian and attorneys’ fees and administrative costs, along with actual abuse through graft, negligence and deception.
Reports like that of Zitkála-Šá’s resulted in Congress enacting the Indian Reorganization Act of 1934. This put the Indian land that had not fallen into non-Indian hands during the federal policy of allotting plots back into tribal ownership and secured it in the trust of the United States. It also ended the potential for theft through guardianship.
But the lands and funds lost as a result of guardianships were not restored nor did descendants of those swindled ever enjoy the benefit of their relatives’ lands and monies either.
Brazil’s highest court has upheld a ban on missionaries entering reserves that are home to isolated and recently contacted Indigenous people during the pandemic.
The decision comes in response to a lawsuit filed by Indigenous organizations against a law passed in July 2020 that allowed missionaries to remain inside these reserves despite the pandemic, in violation of Brazil’s official policy in place since 1987.
According to Indigenous organizations, it’s crucial to reaffirm the non-contact policy under the administration of President Jair Bolsonaro that has pushed to “integrate” Indigenous people into society, and has been cozy with the evangelical movement.
Besides the risk of disease spread, the presence of missionaries in these reserves undermines traditional cultures and social cohesion, and compels these nomadic communities to settle down, making the land more vulnerable to invasions by illegal ranchers and loggers, activists say.
Brazil’s highest court has upheld a ban on missionary activity inside reserves that are home to isolated or recently contacted Indigenous people, in a bid to protect the communities against COVID-19.
Although the country’s official indigenist policy toward these groups since 1987 has been to not engage in any contact, regardless of whether there’s a pandemic, a federal law passed in July 2020 allows religious missionaries to remain inside these reserves. This triggered a lawsuit by Indigenous and political organizations, which the Supreme Federal Court (STF) has now ruled in favor of.
The 2020 law attempted to “legitimize something that is already forbidden,” said Carolina Ribeiro Santana, a lawyer for the Observatory for the Human Rights of Isolated and Recently Contacted Indigenous Peoples (OPI), one of the co-authors of the lawsuit. “As we are under an anti-Indigenous government, it is important to have a decision which reassures the Indigenous policy.”
OPI authored the lawsuit along with the Articulation of the Indigenous Peoples of Brazil (Apib) — the country’s largest Indigenous organization — and the Workers Party (PT). Justice Luís Roberto Barroso issued the court’s ruling on Sept. 24.
Uncontacted Indigenous community in the Brazilian state of Acre. Although the country’s official indigenist policy toward these groups has been to not engage in any contact, regardless of whether there’s a pandemic, a federal law passed in July 2020 allows religious missionaries to remain inside these reserves. Image by Gleilson Miranda / Government of Acre via Wikimedia Commons (CC BY 2.0).
Last year, the court had already forbidden the entry of outsiders into these areas while hearing another case where Indigenous organizations urged the federal government to implement measures, including imposing sanitary barriers, to protect the Indigenous population from COVID-19. “In the current situation, where there is an ongoing pandemic, the peoples in isolation and recent contact are the most exposed to the risk of contagion and extinction,” Barroso said in that earlier ruling.
But threats against uncontacted Indigenous groups have escalated under the government of President Jair Bolsonaro, who has called for Indigenous people to be “integrated into society.” Bolsonaro’s hostility toward Indigenous people is no secret; last year, in his weekly live transmission on social media, he declared that, “more and more, the Indigenous is a human being just like us.”
At the same time, Bolsonaro is hugely popular with Brazil’s evangelicals, who are credited with helping him win the 2018 election. (His middle name translates to “Messiah.”) Once in office, he appointed evangelical leaders to key posts in his administration, including Ricardo Lopes Dias, who, until November 2020, headed the department responsible for protecting isolated and recently contacted communities at Funai, the Indigenous affairs agency. Dias was a pastor with the New Tribes Mission, an evangelical group notorious for reportedly spreading disease among the Zo’é people living in northern Pará state. More than a third of the Zo’é population subsequently died. Another top official, Damares Alves, the minister for women, family and human rights, is also reportedly linked to missionary groups, according to BBC News Brasil.
“These people choose isolation,” anthropologist Aparecida Vilaça, from the National Museum of the Federal University of Rio de Janeiro, told Mongabay in a phone interview. “What the state has to do is to not let anyone get in.”
One of the reasons for this isolation, according to Indigenous organizations, is precisely the trauma of almost being exterminated by the diseases brought by non-Indigenous people, like influenza, measles and malaria; Indigenous people, especially isolated ones, don’t have immunity to many of these pathogens.
But the threat of disease isn’t the only one introduced by missionaries, even to non-isolated groups. According to lawyer Eliésio Marubo, from Vale do Javari reserve in northern Amazonas state, missionaries undermine the social cohesion of the community by favoring the leaders who support them.
“The culture of our people is also weakened because certain practices are forbidden [by the missionaries], like traditional medicine,” Eliésio Marubo said. “The relationship with the territory also changes. Before, we used to move around a lot, but the missionaries want us to stay in one place only.”
Vale do Javari is home to the largest number of isolated Indigenous people in the world: 10 out of the 28 confirmed groups of isolated people in Brazil. The reserve is also home to non-isolated Indigenous groups, like the Marubo.
“It is a cultural destruction,” anthropologist Aparecida Vilaça said of the missions’ presence in Indigenous reserves. Vilaça witnessed the effects of missionary groups on an Indigenous community in Rondônia, also in the Amazon region. “They do a very deep process of humiliation of the traditional practices, by saying their dances and beliefs are things of the devil,” she said.
According to Vilaça, these changes in the traditional way of life make the Indigenous people more vulnerable to several economic interests. “The missionaries lead to the settling of all the community in the same place, releasing land to farmers and loggers. We can’t forget that these lands are very coveted,” she said.
Vilaça said the desire to convert Indigenous groups started with the colonization of Brazil, by the Catholic Church, and is now led by evangelical groups, some of which have deep pockets.
Rejection of “consentement” thesis
As the lawyer for Univaja, the Union of Indigenous People of Vale do Javari, Eliésio Marubo went to court last year against Andrew Tonkin, a U.S. evangelical Baptist missionary who was planning to travel to the reserve amid the pandemic to contact isolated Indigenous groups.
“Missionaries have been harassing us for 60 years,” he said. “They have helicopters, airplanes and they fly from here to the United States.”
Besides granting Univaja’s request to ban Tonkin’s entry, a federal court also ordered the expulsion of missionaries still inside the territory. Despite the victory, the missionaries are still lurking, Eliésio Marubo said. “They remain on the borders of the reserve, trying to co-opt people,” he told Mongabay over the phone.
Uncontacted Indigenous group in the Brazilian state of Acre. Evangelical missionaries use several strategies to approach Indigenous communities, including giving gifts of axes and knives. They also co-opt some Indigenous leaders, provoking social conflicts, and tell the Indigenous people their dances and beliefs are evil. Image by Gleilson Miranda / Government of Acre via Wikimedia Commons (CC BY 2.0).
In a setback for the Indigenous groups, Justice Barroso denied their request to remove the missionaries already inside the reserves. Besides creating a risk of contagion, Barroso said — since evicting them could “require third parties to enter such areas” — it was not clear that isolated groups had not consented to their presence.
“How can you give consent for something that you have no idea what it is? To people who don’t even speak their language?” Vilaça said. She added that missionaries use several strategies to win over the isolated people. “They offer axes, knives, and other benefits to those who join them.”
In their argument to the STF, the Indigenous groups noted that the way isolated communities express their will is different from the rest of society. “Our society gives prevalence to speech, to writing, and these people are talking to us in a different way. When they run away or attack an approaching person, it is a way of saying no,” Santana said.
Barroso’s ruling is a precautionary measure, meaning the case will be subject to trial in the STF plenary. In a statement, the office of Brazil’s attorney general said it had been notified of the decision but will only manifest in the court. Funai didn’t reply to requests for comment.
