Newe Sogobia & the U.S.A.: Renewal of International Relations on the Basis of Government-to-Government Respect
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DOCUMENT: NEWEPLAN.TXT
NEWE SOGOBIA AND THE UNITED STATES OF AMERICA
Renewal of International Relations on the Basis
of Mutual Government-to-Government Respect
Rudolph C. R˜ser
Center for World Indigenous Studies
(A Fourth World Documentation Project Reprint)
(c) 1985 Center For World Indigenous Studies
(c) 1994 The Fourth World Documentation Project
The United States of America is preparing to take full and
absolute control over a territory extending some 24 million acres
which has been the historic homelands of Newe Sogobia. By its own
decision, the government of the United States has come to agree
with the Western Shoshone people that the territory of their
homelands which is surrounded by the United States of America is
separate from the United States and still under the original
ownership of the Western Shoshone. The United States government
wishes to purchase all of Western Shoshone territory for about
eight-five cents per acre, and it seeks to pay Western Shoshone
fifteen cents per acre for sixteen million acres of surface
rights. On December 6, 1979 the United States government made
this judgement and decided it would pay the Western Shoshone a
little more than $26 million. At the contemporary interest rates
prevailing from December 1979 to December 1985, each Shoshone
individual would be paid an estimated $26,000. This would be a
one-time-only payment by the United States of America, and if the
Shoshone decided to distribute these moneys each person would
receive what appears to be a "windfall" in U.S. money.
But, some Shoshone people say that the 24 million acres of
Newe Sogobia that the United States wants to buy isn't for sale.
Some say that the ancient obligation of the Shoshone to Newe
Sogobia, to protect the land and use it according to the laws of
the Great Spirit is far more important than a single payment by
the United States of America in currency that is only useful in
the United States of America. Some say that Newe Sogobia must not
be sold, given or traded away to the United States of America or
any other state or nation. And, while this discussion is
continuing among the Shoshone people (whether to sell Newe
Sogobia to the United States or not), the people of Newe Sogobia
have not accepted final payment. The money offered by the United
States has been placed in an account within the United States
government - ready to be distributed to the Western Shoshone. So
the decision has yet to be made whether to accept the United
States government's offer of more than $26 million for the
ancient Western Shoshone homelands.
Like many other nations who have dealt with the U.S.
government's Indian Claims Commission, the Western Shoshone
people find that several thousand dollars in their pocket would
be a great "windfall". Who wouldn't want thousands of dollars of
free cash to spend any way you want? This is a very appealing
proposition. Many nations have accepted U.S. offers of "money for
land". The Kalamath people accepted a great deal of money for the
richest forests in the Northwest. The Menominee people accepted
money for their homelands. And many other nations accepted money
for their homelands. Many of these nations are gone like the wind
- never to exist again. Still other nations became lost and
experienced sickness among their people. Many individuals within
some nations became very wealthy while many thousands more became
impoverished, with no homes, no food and no way to live. Now,
what will the Western Shoshone decide?
There are important alternatives to merely accepting a
single payment for Western Shoshone homelands. There are many
alternatives to selling, trading or giving Newe Sogobia to the
United States of America in exchange for money. These
alternatives may not have been thoroughly considered by the
Shoshone and it is for this reason that this paper has been
prepared.
Instead of each individual among the Western Shoshone being
paid $26,000.00 on a one-time-basis, perhaps individual Shoshone
would be more open to receiving a guarantee of $40,0000 each
year, a new home, free health services, free education and a job
of their choosing for the rest of their lives and the lives of
generations to come. A dream? A fiction with no possibility of
occurring? Or is this a reality within the grasp of the Western
Shoshone people?
Before the coming of the whiteman, the Shoshone had this
kind of wealth for hundreds of generations. The Western Shoshone
were the governor's of Newe Sogobia - the caretakers of at least
24 million acres of territory. And for being good caretakers, the
Western Shoshone were among the most wealthy people in the world.
But, since the United States of America and Newe Sogobia came
into contact and made agreements, the Western Shoshone have
become people who are among the poorest in the world. The Western
Shoshone have become people who are among the poorest of the
poor. What has changed?
The basic change has been that the Western Shoshone have
allowed the United States of America to "take" land, resources
and advantage of the Western Shoshone for its own benefit. And
the United States of America has given the Western Shoshone
nothing in return to replace the "wealth" that it has either
taken by agreement or "stolen" without the consent of Newe
Sogobia. The result has been that the United States of America
has become wealthy at the expense of the Western Shoshone people
and Newe Sogobia. From being among the wealthiest people in the
world to being among the poorest, the Western Shoshone have
suffered a great deal.
The alternative to a "short-term payment" for "wrongs that
have been done" to the Western Shoshone is for the Western
Shoshone to take back that which belongs to the Western Shoshone
and reclaim the responsibility for living as the caretakers for
Newe Sogobia. True wealth for the Western Shoshone, as with many
other nations in the world, is in fulfilling the responsibility
for caring for the land and receiving great wealth from the land.
And this wealth is for all time and not for the short time that
it takes to spend $26 thousand. The wealth must be for all
Shoshone and not just a few who are lucky. Either the whole
nation is wealthy or none are wealthy. This is a rule of natural
law - the law of the Great Spirit.
But, before the Western Shoshone can consider alternatives
to the offer being made by the United States government, they
must decide which path they shall take into the future first. For
it is this basic decision that will determine whether
alternatives do in fact exist. Here are the paths:
1. Rebuild Newe Sogobia as a free nation able to freely choose
its own political, economic, cultural and social future
where the Western Shoshone will govern themselves throughout
the lands of Newe Sogobia, and all Shoshone enjoy the fruits
and benefits of all the lands and resources of the homeland.
2. Accept the decision of the United States to pay each
Shoshone a certain amount of U.S. currency, turn over all
lands and resources to the United States of America and
assimilate the Western Shoshone into the U.S. society as
ordinary members of an "Indian minority group" and ordinary
citizens of the United States of America.
If it is the decision of the Western Shoshone to follow the
second path, then nothing more need be done. This is the path the
United States government has chosen for the Western Shoshone and
for which the United States government has long worked to
achieve. This is the termination or liquidation of Newe Sogobia
and the Western Shoshone nation. The only risk in doing nothing
and accepting payment from the United States is that the Western
Shoshone will forever have accepted the demise of their ancient
civilization and the final defeat of the Shoshone nation. If this
is worth $26,000 to each of the Western Shoshone then there is no
further need for discussion or debate.
But, if the Western Shoshone decide to enter on the first
path, then there is a great deal to do for it is this path that
the people of Newe Sogobia have long traveled - long before there
was a United States of America in existence. It is a path of
great responsibility and a path that requires great discipline
among the people and in their government.
To rebuild Newe Sogobia and for the Western Shoshone to
resume their responsibility as the caretakers of the land it must
be rebuilt "internally" and "externally". Such an undertaking
will require a great deal of effort, but of course, the Western
Shoshone have succeeded for thousands of years - there is no
reason why the Shoshone people cannot continue the success and
resume the prosperity to which they have a natural right.
RECALLING THE CONDITIONS
Newe Sogobia is a country which has existed for the Shoshone
for generations upon generations. As a nation with its own
cultural, political, economic and legal history the Shoshone
remain today as a distinct people from all others. And the lands
of the Shoshone remain the ancient homelands of the people. The
neighbors of Newe (the Paiute, Chut-pa-lu, Cheyenne and others)
have always respected the Shoshone as the proper users and
protectors of Newe Country. And for this respect, the Shoshone
have always respected the rights and interests of the neighbors
around them.
But, during the last one hundred twenty-five years the
Shoshone, like their neighbors, have seen the growth and
expansion of a state across the lands of many nations and even
into Newe Country. Within the life time of six generations of
Shoshone a state called the United States of America was
established around and on top of Newe Country and the world was
told that the Shoshone had removed themselves from Newe onto
small parcels of original Shoshone territory and "gave" the
remaining portions of their homelands to the United States of
America. The United States of America came to claim Newe as
territory belonging to it and available for its use. The United
States of America established smaller states, counties and cities
within and on top of Newe to confirm its ownership of Shoshone
land; and for a long time the United States of America and its
people acted as if the Shoshone had disappeared.
Many people of the Shoshone remembered that all of Newe
still belonged to the Shoshone, and that all of the ancient
homelands had never been given, traded or sold to any nation or
state - Newe remained Shoshone as it had always been. The leaders
of Shoshone had never turned Newe over to any other people. Some
of the leaders had made treaties with the United States of
America to bring a long war to an end, and they agreed to permit
the United States of America the "license" to use certain parts
of Newe for "military posts", travel routes, mining and timber
extraction and settlements for U.S. citizens who engaged in
mining, timber extraction and agriculture. The Shoshone agreed to
move from their camps throughout Newe to various reservations,
and to accept $5000 (U.S. currency value) in "provisions and
clothes" as "presents" at the conclusion of the treaty. The
United States of America also agreed to pay in currency or
provisions the amount of $100 thousand for the "inconvenience
resulting ... in consequence of the driving away and destruction
of game ...." These are the main agreements made by some leaders
of the Shoshone in their dealings with the United States of
America through the Treaty of Ruby Valley (1863).
Nothing in the Treaty of Ruby Valley ever sold, traded or
gave any part of Newe Country to the United States of America.
Nothing in this treaty said the United States of America could
establish counties or smaller states within Newe Country. Nothing
in this treaty said the United States could establish settlements
of U.S. citizens who would be engaged in any activity other than
mining, agriculture, milling and ranching. Yet the United States
of America has established political jurisdictions in the form of
counties, cities and the states of Nevada, Idaho, Utah and
California that overlap into Newe Country. The United States of
America did establish settlements of its citizens within Newe
Country for purposes other than those provided in the Treaty of
Ruby Valley. And the United States of American has used other
parts of Newe territory for military purposes other than those
stipulated in the Treaty. The United States of America have also
used parts of Newe Country that were not included in the Treaty
of Ruby Valley.
REDRESSING THE BALANCE
Understandings and agreements between the governments of the
Shoshone and the United States have, over time, become more
favorable to the interests of the United States of America than
to Newe. The Shoshone people have been made to suffer from this
growing "imbalance in relations". When a nation is made to suffer
losses and damages to its livelihood over time as a result of
compacts or agreements made with another nation or state, it is
incumbent upon the parties to the agreement to reestablish the
original balance in relations, or to make new agreements
adjusting to new political, economic and social changes.
The United States of America accorded to itself the
responsibility to "preserve, protect and guarantee" the rights
and property of nations like the Western Shoshone. This was done
by the United States on its own and not as a product of any
agreement between Newe Sogobia and the United States. That the
United States has violated its own internal commitments under its
own laws is one issue. But, that the United States of America has
violated its treaty agreements with the Western Shoshone as well
is a matter of great importance to the peace and security of Newe
Sogobia. That the United States of America has violated an
international treaty with Newe Sogobia and gone further to annex
Newe Sogobia territory not covered under the Treaty of Ruby
Valley is also a violation of the law of nations and established
international law. These are extremely serious matters which
cannot be taken lightly. And, certainly since these violations
can be directly linked to Western Shoshone suffering, dislocation
and damages done to the Shoshone people and property it is
essential that the government of Newe Sogobia "redress the
balance between the Shoshone and the United States of America".
INTERNAL AND EXTERNAL STRATEGIES
Like all nations Newe Sogobia has an internal world and an
external world. The internal world is made up of all territory
within established boundaries and the laws that govern this world
are determined by the Western Shoshone people. These laws are a
direct result of the customary practices of the people and the
people's interpretations of natural law. It is through the
Shoshone law that the people of New Sogobia are governed. How
these laws are derived and how they are practiced is up to the
Shoshone people and the Shoshone people alone. Western Shoshone
need not "ask" any other government other than their own what the
laws are of the land. The customs and practices of Western
Shoshone for hunting, fishing, using water, using land, using
minerals, timber and other raw materials are the "internal law".
Marriage practices, education practices, and other family
relations are determined by "internal law" - Western Shoshone
law.
Strategies for communicating Shoshone law and enforcing
Shoshone law must be determined by Shoshone and Shoshone alone.
The government of Newe Sogobia does not have to ask any other
nation or state for the right to exercise Shoshone law. Where the
actions of other nations or states interfere with the full
exercise of Newe Sogobia law steps must be taken to remove that
interference. Where non-citizens of Newe Sogobia violate internal
law, steps must be taken to enforce the law against them.
When other nations or states interfere with the full
exercise of Newe Sogobian governmental powers then this is an
external issue that has a direct effect on internal peace and
security, and it is the responsibility of the Newe Sogobian
government to formulate external policies to deal with the
external world that threatens internal peace and stability. When
non-citizens violate Newe Sogobian law it is an internal issue
that has a direct effect on internal peace and security. Such
acts of violation may require that the government of Newe Sogobia
enact new laws or simply remove the violators from Newe Country.
In order for internal rebuilding to succeed, Western
Shoshone people must decide how Newe Sogobia will be governed now
and in the future. In order for external relations to be rebuilt
and succeed, the Western Shoshone people and their government
must deal with the realities of the world outside Newe Sogobia
boundaries. This is the external world.
Newe Sogobia does experience extensive interference in its
internal capacity to govern because the United States government,
the states of Idaho, Nevada and California and dozens of counties
and municipalities have superimposed their governing and
administrative institutions over Newe Country. The laws of these
governments frequently conflict with the laws of Newe Sogobia.
This is a major issue of importance to Newe Sogobia and requires
that the government of Newe Sogobia deal with the United States
government to remedy this problem since the United States
government is empowered by its constitution to deal with such
matters. None of the other "subordinate" governments have the
power to deal with these "jurisdictional conflicts".
The government of the United States has extended many of its
powers of governance into Newe territory through enactment of its
own laws and through many of its administrative agencies like the
Department of Defense, Department of Interior, Department of
Commerce, Department of Transportation, Department of Energy,
Department of Health and Human Services, Department of Treasury
and Department of Justice, etc. These agencies of the U.S.
government exercise powers within Newe territory that are either
contrary to Shoshone law, or they are seriously in conflict with
that law. This is a major issue which requires a remedy flowing
from decisions of the Newe Sogobia government and the U.S.
government.
The United States government has established military posts
within Newe Sogobia territory in accordance with the Treaty of
Ruby Valley. But, the U.S. government has also established posts
within Newe Sogobia territory not covered under the Treaty of
Ruby Valley. Indeed, the United States has come to use a great
deal of Newe territory in many ways that exceed the original
understandings under the Treaty of Ruby Valley.
All of these issues and many more are subjects of
negotiations between the nation of Newe Sogobia and the state of
the United States of America. These issues matter and these are
issues which affect the external relations of Newe Sogobia.
WHAT ARE SOME ISSUES BETWEEN NEWE AND THE U.S.?
The National Council of Newe Sogobia began to conduct
discussions with representatives of the United States government
to determine an equitable settlement of the long-standing
dispute. These discussions have centered on alternative offers by
the United States to "expand" existing reservations within Newe
Sogobia, the right of Shoshone to fish, hunt and use parcels of
land outside reservations for grazing cattle. Distribution of
moneys initially offered by the United States has also been an
issue. These issues have been considered important to the process
of formulating U.S. legislation which will ensure Shoshone
interests. In the light of our discussion earlier, these "issues"
are really beside the point. The United States government has no
authority to determine whether Shoshone can or cannot hunt and
fish or graze cattle within Newe Sogobia. And for the United
States to propose that reservations be "expanded" is an equally
empty gesture since the United States does not own any land
inside of Newe Sogobia to expand reservations with. If the United
States owned the territory of Newe Sogobia it would not be
offering to buy that land in the first place.
The overriding issue which should occupy discussions and
ultimately negotiations between the Newe Sogobia and United
States of America is whether the United States and its
subordinate political entities (states, counties, cities, etc.)
will continue to be permitted inside Newe Country. And if the
United States is permitted to continue use of portions of Newe
territory, under what circumstances and conditions may the United
States use these parcels and for what purposes.
The government of Newe and the government of the United
States have begun "discussions", but they have not begun
"negotiations". And, so far, these discussions have only dealt
with "diversions" which avoid the central issue of controversy:
The political relationship between Newe Sogobia and the United
States of America and the extent to which the United States will
be permitted to enjoy the right to use portions of Newe
territory. These are the primary issues for negotiations between
Newe and the U.S. Unless these issues are resolved between the
two governments, there can be no settlement satisfactory to
either party. While there is technically a treaty of peace, this
condition is not guaranteed. For the only alternative to
negotiating a peaceful settlement of differences between Newe and
the United States is through war. Obviously, neither party wishes
to renew warfare. So the only option is formal government-to-
government negotiations.
NEGOTIATIONS AND MUTUAL RESPECT
The United States government negotiated the Treaty of Ruby
Valley with some representatives of Newe Sogobia, and it is
through this treaty that the United States of America gain rights
to use certain portions of Newe territory within an area of about
40% of Newe Country (primarily in the northern portion). The
United States of America did not receive any rights to use any
lands or resources in the southern portion of Newe territory
which constitutes about 60% of the whole country. Despite the
limited conditions for use of lands in the north and despite the
non-existence of any grant to the United States by Newe in the
South the United States government has, contrary to the law of
nations, come to occupy nearly all of Newe country.
Shoshone use of Newe territory has been reduced to less than
one-half of one percent of the total territory. Meanwhile, the
United States has come to use about eight percent of Newe for its
on military posts and facilities, and most of these are outside
of the Ruby Valley Treaty area. About sixty-five percent of Newe
territory has fallen under the control of the United States
government through its Bureau of Land Management within its
Department of Interior. The remainder of Newe territory has been
placed under other U.S. government agencies or under the control
of local state, county or municipality jurisdictions.
The United States government has recently asserted that "the
established date of taking" where the United States became the
holder of title over Western Shoshone lands was December 1979.
And the United States has asserted that it is prepared to pay the
Western Shoshone in excess of $26 million (at 1863 currency
values) for the lands taken. This is a non-sensical proposition.
If the date asserted by the United States itself is 1979,
then it should be offering payment to the Shoshone in 1979
dollars. If the United States government were dealing honestly
with the Shoshone it would be offering modern-day values for
modern-day land. The offer that would be more realistic, assuming
the Shoshone were prepared to ignore violations of the Ruby
Valley Treaty, would be in the neighborhood of $40 billion. On a
per capita basis of distribution, the United States should be
paying each Shoshone roughly $20 million each. This is a far cry
from what is being offered at the rate of 1863 dollars.
From this discussion it should be obvious that the United
States government is currently offering the Western Shoshone less
than one-half of one percent of the contemporary value of the
land. The United States of America has already received billions
of dollars in resources and use from Newe territory just in the
last 125 years. Despite this obvious benefit, the U.S. government
is only prepared to offer the Shoshone less than a penny of
actual value for each acre of Newe territory.
If the government of Newe were to examine the extend to
which the United States has made free use of Newe territory it
would become obvious that the United States has been getting a
very good deal for its commitments in the Ruby Valley treaty.
Indeed, the United States has been able to use the Ruby Valley
Treaty as the means by which it has come to occupy the remaining
60% of Newe territory. This is clearly an added benefit to the
United States.
Since the United States already occupies 99% of Newe Sogobia
it would seem very unlikely that serious negotiations with Newe
would be a high probability. Yet, as it is obvious that the
United States is at least willing to "discuss" a settlement the
potential does exist for serious negotiations between the two
governments. But, even if serious negotiations were to become a
reality would they be based on mutuality and respect? In all
probability the answer would be no unless the Western Shoshone
"up the ante" or otherwise raise the price for negotiations.
During the present discussions with the United States
representatives of Newe Sogobia have focused on what can only be
considered "internal" issues which, in point of fact ought not
even be on the table for discussions with the United States. Land
rights, hunting and fishing rights, and other such matters are
purely "internal" interests of the Shoshone. The United States
government does not have the power to grant or deny these rights
to Shoshone living within Newe Sogobia territory. Only the
Shoshone can grant or deny these rights. These internal issues
should be "non-negotiable" since they are matters of right only
among the people of Newe Sogobia.
During the discussions the U.S. representatives offered the
"possibility that various of the Indian Reservations within Newe
territory might be expanded" as a part of a "settlement". This
cannot be considered a serious proposal since all of Newe already
belongs to the Shoshone.
In the light of these brief observations, one must conclude
that the first three rounds of discussions between Newe
representatives and U.S. representatives have been points of
testing, but in no way can these discussions be considered
serious negotiations. The framework for resolving the Newe
dispute with the United States is too imprecise and too loose to
ensure a satisfactory conclusion. The present discussions should
be "downgraded" to "technical discussions" while the Newe
National Council considers approaches and methods for building a
more acceptable framework for government-to-government
negotiations at the highest levels of both governments.
BUILDING A FRAMEWORK FOR MUTUAL NEGOTIATIONS
Negotiations between nations and states ought not be very
much different than negotiations between states. The mere fact
that negotiations are considered as a method of resolving a
dispute suggests that, 1. Neither party wishes to resolve the
dispute through force of arms. 2. Both parties are prepared to
compromise for the sake of achieving a mutually satisfactory
agreement. 3. Both parties stand to gain from negotiations and
both stand to lose if the negotiations are unsuccessful. If these
conditions exist in the present context, then it is conceivable
that a negotiated resolution of the dispute between Newe Sogobia
and the United States of America.
What is the nature of the dispute between Newe Sogobia and
the United States of America? First of all, the United States has
learned after fifty years of prodding by the government of Newe
Sogobia that a little more than one-third of the State of Nevada,
a small portion of Idaho, a sliver of Utah and a piece of
California do not belong to the United States. This area of real
estate is in fact the ancient homelands of the Western Shoshone
who call it Newe Sogobia. Twenty-four million acres or 42,682.7
square miles of Newe country had been unlawfully confiscated by
the United States of America and placed within its territorial
domain. The people of Newe Sogobia have implied by their decision
not to accept $26 million for their land that there are many
other questions concerning the rights and welfare of the Western
Shoshone which must be resolved before a settlement can be
concluded. This is a classic political confrontation between a
nation which is the original occupant of a territory and a state
which seeks to take control of the territory. This is the issue
over which the Western Shoshone and the United States fought a
war in the late 19th century and it was this war that provided
the motivation for the Treaty of Ruby Valley.
U.S. INTERESTS IN NEWE SOGOBIA
This territory has become economically, politically and
strategically important to the United States due to these facts:
* Within the last eighty years, the United States of America
has organized and established state jurisdictions with their
subordinate county and municipal jurisdictions within Newe
Sogobia - thus politically annexing Newe Territory to the
United States.
* U.S. government agencies and private U.S. companies have
established substantial economic control over Newe Sogobia
through mining, timber extraction, wholesale and retail
commercial businesses, agriculture and ranching. In
addition, the U.S. has made extensive use of Newe Sogobian
water located in the sub-surface aquifer. Minerals, timber,
grazing land and water have contributed handsomely to the
development the major cities of Las Vegas, Reno, Los
Angeles, Phoenix and Albuquerque. In excess of 50,000 non-
Shoshone now live within Newe Sogobia territory. This
economic activity extends throughout the Ruby Valley Treaty
area as well as the non-treaty south.
* Major areas of Newe Sogobia are being used as primary
military and strategic facilities for the defense of the
United States of America. U.S. Air Force training
facilities, and operations bases have been established in
the non-treaty south of Newe. Rocket launching facilities
for nuclear testing in the Pacific Ocean and various
underground nuclear testing facilities have also been
established in the non-treaty south. In addition, the United
States uses the Yucca Mountain area of Newe for the storage
of nuclear waste and vast areas of Newe airspace for testing
rockets and jet aircraft. Portions of Newe territory are
used for landing and launching space craft as well.
* Despite the appearance of its terrain Newe Sogobia has
become a central political, economic and strategic asset to
the United States of America. Indeed, the United States
government has located some of its most sensitive strategic
facilities inside Newe territory giving it an importance to
the security of the United States of America far greater
than is immediately apparent.
U.S. interest in Newe Sogobia is clearly significant. And it
is obvious just why the United States government is eager to
"resolve the question of ownership concerning Western Shoshone
lands". The United States is eager to establish its own firm
title over the land so as to ensure its continuing control and
use of the territory. When the government of Newe Sogobia
declined to accept the $26 million Indian Claims Commission
settlement proposal U.S. control and title over Western Shoshone
lands came into doubt. Further doubt was cast on the probability
that the United States could continue to exercise its
jurisdiction and carry out economic and strategic activities
within Newe Sogobia. Under the present circumstances, the United
States government clearly has an interest in negotiations to
resolve the question of ownership.
SHOSHONE INTERESTS IN NEWE SOGOBIA
Newe Sogobia also has a major interest in the political,
economic and strategic future of its territory. Not only is Newe
Sogobia the ancient homelands of the Western Shoshone, it is the
sole source of livelihood for all the Western Shoshone. As the
original caretakers of Newe territory the Shoshone have
fundamental obligations to the land - without the homelands, the
Shoshone people will cease to exist as a nation. It is,
therefore, in the interest of Newe Sogobia to negotiate with the
United States of America to clarify the jurisdictional questions,
economic benefit questions and strategic questions which arise as
a result of U.S. use of Newe territory.
The cultural realities on which Shoshone existence is based
are found in the territory. Shoshone customs, economic life,
social life, political life and spiritual life are all bound up
in the forty-two thousand square miles of land and water that
constitute Newe Sogobia. If the connection with these ancient
realities were severed, the Shoshone would cease to exist as a
people.
Regaining control and influence over Newe Sogobia is
essential to the role of the Western Shoshone as the first
caretakers of the land. Such control and influence is also
essential to the physical survival of the Western Shoshone
people. Reestablishing the direct link between the land and
physical well being among Shoshone is crucial to reestablishing
physical and spiritual health. The temporary break in this link
which came as a result of growing U.S. control and influence
inside Newe territory has contributed to the decline in Shoshone
quality of life. Regaining full political, economic and cultural
control over Newe Sogobia is indispensable to the continuing
existence of the Shoshone.
OPTIONS FOR DISPUTE RESOLUTION
Newe Sogobia and the United States of America have three
options for bring their current dispute to a conclusion. These
include:
1. Continuing the Indian Claims Commission Settlement procedure
and gaining a U.S. government legislative enactment which
provides guarantees for Shoshone economic, social and legal
rights in exchange for 99% of Newe Sogobia.
2. Establish formal government-to-government negotiations
between the United States government and the Newe Sogobia
government based on existing international standards for
relations between nations and states resulting in the
formulation of a bi-lateral treaty establishing the basis
for future political, economic and strategic relations.
3. Abandon all provisions of the Treaty of Ruby Valley thus
returning relations between the United States and Newe
Sogobia to a state of war.
Options one and three are real though they actually imply
failure from the outset. Option #1 suggests that the Western
Shoshone are prepared to virtually "give over Newe Sogobia" to
the control and perpetual use of the United States of America in
exchange for a small amount of currency, greater dependence on
the United States government and U.S. "recognition" of certain
Shoshone "rights" to the use of land, fishing, etc. While such a
move may seem "easier" it actually constitutes the final defeat
of the Western Shoshone and their total abandonment of Newe
Sogobia.
Option #3 suggests that the Western Shoshone are prepared to
defend an absolute right to control and use Newe Sogobia even at
the expense of expelling the United States from Newe territory.
Reestablishing the state of war between Newe Sogobia and the
United States would reflect the inability of Newe Sogobia to
diplomatically resolve differences with the United States.
Option #2 constitutes the only viable alternative to total
defeat and violent confrontation. It is upon this path that the
government of Newe Sogobia has set its course. But, in the light
of U.S. behavior during the last eight months, and a new effort
by the United States to "end discussions through completion of
the Dann case" (presently before the U.S. courts) it would appear
that the United States government is not wholly committed to the
idea of negotiating a solution with Newe representatives. The
"negotiations path" has not produced very much movement during
three earlier rounds of discussions, and it would appear that
maneuvers are now underway to "close down the process all
together" and finalize the Indian Claims Commission decision of
December 1979.
Because of U.S. interests in Newe Sogobia it would appear
that Newe Sogobia is not without resources and capacity to "force
a framework for negotiations" to achieve a mutually satisfactory
resolution of the land dispute. Indeed, Newe Sogobia actually
"holds most of the cards" in the dispute with the United States
of America. The United States has already recognized Western
Shoshone original ownership of Newe Sogobia, and by implication
she has recognized the shakiness of her claims to Newe Sogobian
territory. While the United States would like to quietly take
possession of Newe Sogobian territory, the real issue of whether
the United States can remain inside Newe Sogobian territory must
be raised. This is the overall question which must be resolved.
This issue can only be resolved through government-to-government
negotiations based on mutual respect. The established process and
procedures for the conduct of mutually desirable relations
between nations on the basis of equality and mutual respect
through the instrumentality's of government must provide the
framework for negotiations. This is the most fundamental express
of government-to-government relations.
Particular principles which guide the conduct of government-
to-government relations include:
* There exists at least two separate and distinct entities
which meet on the basis of political equality to discuss,
negotiate and mutually agree on:
a. principles and procedures for dealing with one another,
b. an agenda of issues and concerns which each party
believes requires intergovernmental cooperation and
action,
c. mutually acceptable methods and procedures for
implementing negotiated agreements, and
d. acceptance of the idea that both parties accept the
basic concept of mutual respect, cooperation and
compromise, sovereign equality and reciprocity.
* The successful conduct of government-to-government relations
requires that each party accept the sovereignty of the
other, unconditionally.
* Internal interference is strictly prohibited by either
party. Good faith may serve as the foundation for agreement,
but a third party observer or arbitrator may be necessary to
ensure agreement compliance.
* Government-to-government relations are by definition
bilateral (only two governments) unless multi-lateral
relations or negotiations are first formalized.
These principles are generally applicable to relations
between all nations and between all states. It is, however, only
a recent tendency in relations between nations and states that
these principles are being applied. The government of Canada
began in 1982 to conduct discussions with Indian Nations using
some but not all of these principles. The Nicaraguan government
began in 1984 to apply some, but not all of these principles in
their negotiations with the Miskito, Sumo and Rama Nations. In
each of these instances, the Indian Nations accepted the
principles completely, but the state government did not.
Unlike the two example states just cited, the United States
government has already made a formal declaration of its
commitment to conducting relations with Indian governments on a
government-to-government basis. The United States first announced
its commitment to these principles in 1979 when it pledged to
apply Principle VIII of the Helsinki Final Act to its dealings
with Indian nations. The commitment was made more explicit when
President Ronald Reagan announced on January 14, 1983 his
commitment to conducting relations with Indian governments on a
government-to-government basis. Unfortunately, despite these
rather positive circumstances, no Indian government has fully
tested the United States on its commitments to the Helsinki Final
Act member states. No Indian government has actually tested
President Reagan's 1983 Indian Policy Statement. The
circumstances and conditions surrounding the Newe/U.S.
controversy could be an important test for the United States
government and a major Indian government.
OPTIONAL STRATEGIES AND TACTICS
To effectively deal with the government of the United
States, the Newe government must have political leverage
sufficient to cause the United States to seriously negotiate a
mutually satisfactory solution to the present dispute. An overall
"Political and Legal" strategy is essential to achieving the
necessary leverage as well as achieving the full respect of the
U.S. government. The political strategy must contain both
internal and external elements and it must be intimately linked
to the legal strategy. The legal strategy must be directed at
advancing certain political objectives and aiding in the process
of building political leverage. The combined affects of the
political and legal strategy must be directed at the conduct of
bi-lateral negotiations with the United States on the basis of
government-to-government procedures.
STATEMENT OF NEWE SOGOBIA STRATEGIC GOAL
To establish a mutually acceptable and balanced political
relationship between Newe Sogobia and the United States of
America where Western Shoshone can fully govern themselves and
their territory without doing harm to the United States of
America - in a climate of mutual coexistence.
ELEMENTS OF POLITICAL STRATEGY
INTERNAL: Rebuild Western Shoshone cultural, economic,
political and social institutions to govern Newe Sogobia and
maximize economic and social self-sufficiency and prosperity
among peoples living in Newe Sogobia. Organize a political
consensus among peoples living in Newe Sogobia supporting the
government of Newe Sogobia.
EXTERNAL: Organize political and diplomatic ties between
Newe Sogobia and selected states (Possibly: West Germany, Norway,
Yugoslavia, Tanzania, Vanuatu, Sweden and Lesotho) and selected
nations (Possibly: Belau, Kwajalene, Lummi, Miskito, Sumo, Rama,
Haudenosaunee, Yakima and Kanak).
ELEMENTS OF LEGAL STRATEGY
* DANN CASE: Delay final decisions concerning the
disposition of land in this case as long as possible to
maintain the unsettled character of U.S. or "private"
land ownership.
* RAILROADS: Consider initiating a lawsuit concerning the
legality of U.S. rail ownership.
* NUCLEAR WASTE: Consider initiating a lawsuit concerning
the legality under U.S. law of locating nuclear waste
repository at YUCCA Mountain. (Generally institute
lawsuits to call into question certain asserted U.S.
rights for the purpose of blocking economic or strategic
activities within Newe territory.
TACTICS
Having created political and legal obstacles to U.S. final
annexation of Newe Sogobia take steps to:
* Cause the U.S. White House to become the principle
representative of the United States government in
discussions and negotiations with Newe Sogobia through
arranging a communication from a local (cooperative)
congressman (or members of a delegation) to the President
of the United States urging: "That the White House
designate a principle negotiator with the rank of
Ambassador to represent the United States in Negotiations
with the highest ranking representatives of Newe Sogobia.
* At the January meeting with representatives of the United
States, delegate a low-level mission to meet BIA
officials with the expressed purpose of "down-grading"
these meetings to "discussions" for the purpose of
conveying messages between Newe Sogobia and the United
States. The January session should be used by Newe
representatives to present a series of proposals to the
United States for 1. establishing a framework for
negotiations, 2. establishing procedures for the conduct
of negotiations and 3. listing a range of primary topics
for discussions and subsequent negotiations.
The "down-grade Newe delegation" should be comprised
of Senior and Junior political and administrative
officials. It should be constituted as the "technical
delegation" A formal "negotiating delegation" should be
formalized but not made present at the "down-grade"
discussions.
* The Political Leadership of Newe who will be present in
Washington D.C. should be prepared to meet in discussions
with diplomatic representatives of selected state
governments at their embassies in Washington D.C. A
message should be sent to the Secretary of the Interior
and the White House transmitting the proposals being
issued at the technical discussions meeting. This message
would indicate that the Western Shoshone National Council
is prepared to meet with "appropriate" representatives of
the United States in April 1986.
The Political Leadership should call a news
conference near the close of their visit in Washington
D.C. to announce the present status of discussions
between the Newe government and the U.S. government and
the Leadership should announce the near-term negotiations
conditions and goals.
* Plans should be made for a technical delegation to meet
with representatives of selected nations to lay the basis
for future talks and perhaps negotiations of alliances
during the period of January 1986 - April 1986.
The central focus of all efforts must be to establish unity
and security internal while building political and legal pressure
on the United States government externally - through diplomatic
initiatives, use of the press and initiation of legal suits
within the U.S. court system. The combination of these efforts
should initially be aimed at ensuring political support at home
and building a workable and acceptable framework for government-
to-government negotiations with the United States at the highest
levels of government. The Newe government should expect that
negotiations will take at least five years and perhaps longer to
conclude.
Center For World Indigenous Studies
P.O. Box 2574
Olympia, Washington U.S.A.
98507-2574
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98507-2574
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