Chairman of the Sandhill Lenape tribe of New Jersey, Ron Yonaguska Holloway gave a speech to the United Nations Permanent Forum on Indigenous Issues on April 20, 2010 to appeal to “this astute body” for help with restoring their international rights. This is the first time ever a Native American tribe has gone to United Nations over alleged violations of human rights by the United States.
The move comes after years of trying to negotiate with the State of New Jersey, and after filing a law suit in Federal Court for fears they wouldn't get a fair hearing with New Jersey courts. Now the Federal Courts are sitting on the case, and the Sandhills say it's time to appeal to the international community.
United States Federal Court is Taking its Time Over Human Rights Lawsuit
Hopes for a timely ruling have been dashed, since the decision by the Federal Judge Hayden in Newark, NJ, was deferred in September 2009, and recently deferred again, although the Sandhills tried to take action by presenting an amendment to the case. They had supporting evidence of an over one hundred years old law suit against New Jersey, that the Sandhills already won.
The Sandhills say the law suit is being stalled and ignored as a tactic in hopes that they go away. Judge Hayden has since ruled that the scope of the case is too big. She is currently in the process of reviewing all the relevant documents and facts, ‘for as long as it takes’.
United Nations New Declaration on the Rights of Indigenous People of 2007 has not been Signed by United States.
Adopted by the General Assembly 13 September 2007 the Declaration, concerning the rights of indigenous peoples for compensation for lands seized illegally, has not been signed by the United States, one of only four nations who failed to sign.
After Sandhill Chairman Ron Holloway delivered his address to the United Nations Permanent Forum on Indigenous Issues on Tuesday April 21, 2010 at 11 am, United States Ambassador to the UN, Susan Rice issued a statement US is reconsidering its position.
United Nations Special Indigenous People's Human Rights Declaration Includes Access to Fair Compensation for Lands Seized
Of special interest is Article 28 of the Declaration, which states:
- Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
- Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
"We're open to negotiation," said Ron Holloway, adding "We would like compensation in the form of land New Jersey owns free and clear, or monetary compensation."
New Jersey’s Seizure of Native Lands and Attempted Genocide
According to Holloway, New Jersey did not legally exist as a state until 1842, but regardless seized and hunted down the Sandhills and their lands. United Stated government ignored this, although it had taken on the upholding of the original treaties signed by the European colonists before its existence, ‘sovereign to sovereign’, which granted the Sandhills their rights.
Holloway says they were systemically hunted down and driven off their traditional lands, but nevertheless a tribal government continued underground, and he is the representative of the Sandhills as their Chair in a direct line.
"We did not have recourse to legal system, because we did not really exist according to the law, since we only became citizens in 1924," explained Holloway.
Modern DNA Tests Prove Holloway is Descendant of New Jersey's Original Inhabitants
“DNA testing (done by a museum) proves a direct link to me personally from the original inhabitants of what’s now New Jersey,” said Holloway, continuing “2000 year old remains have been unearthed and linked to us.”
Holloway still hopes the case will be resolved peacefully through talk and mediation. “We are not seeking to displace anybody, we are not looking to move people from their homes, or to close administration buildings.”
“This would be such a simple matter to solve through talking,” added Holloway wistfully, referring to their attempts over years to negotiate with the State of New Jersey.
Human Rights Violations May Take the United States to the World Court
If the United Nations Special Rapporteur on Human Rights, James Anaya finds the Sandhills' claims are valid, he will recommend sending the case to the World Court. It will be submitted to the Assembly for a vote.
"I am continuously impressed by President Obama's moral high ground," said Holloway, continuing that the United States Ambassador to United Nations, Susan Rice, reports to Hillary Clinton, Secretary of State, and he felt the case was in good hands.
"I'm the representative of my people," added Holloway. "I'm trying to look after their wellbeing."
Anya Tikka - I was born and grew up in Finland, studied at LSE in London, England, and have lived in USA for the past 15 years. Being interested in ...
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