From 2019: Criminalization of #HumanRights Defenders of #IndigenousPeoples Resisting #ExtractiveIndustries in the United States
Report to the Inter-American
Commission on Human Rights
Prepared by the University of Arizona Rogers College of Law, Indigenous Peoples Law and Policy Program on behalf of the Water Protector Legal Collective
6/24/2019
Introduction
1. Peaceful demonstrations are a catalyst for the advancement of human rights. Yet around the world governments are criminalizing dissent and suppressing public #protest, often as a means to protect #CorporateInterests. In this context, indigenous peoples increasingly find themselves as the subjects of arrests, criminal prosecution and police violence when defending the lands they rely upon for their existence and survival from #ResourceExtraction by industries who are operating without the free prior and informed consent of the affected communities.
2. This report is submitted to the Inter-American Commission on Human Rights (#IACHR) in conjunction with a thematic hearing held during the 172nd period of sessions. At the hearing,
Commissioners heard directly from those involved in the indigenous-led resistance to the #DakotaAccessPipeline (DAPL) at Standing Rock, North Dakota. This report addresses the criminalization and suppression of protest by indigenous human rights defenders and their allies by United States (U.S.) federal, state and local governments, working hand-in-hand with private security forces [#Blackwater], specifically in relation to the construction and operation of #DAPL by #EnergyTransfer
Partners and Dakota Access, LLC (Dakota Access) and the connected #BayouBridgePipeline (collectively the “#BakkenPipeline”).
3. Standing Rock is an emblematic case of #IndigenousResistance to extractive industry that drew attention from around the world as water protectors met on the banks of the #MissouriRiver in peaceful assembly in what was the largest gathering of indigenous peoples in the U.S. in 100 years. Standing Rock is merely one example of how the U.S. government works with industry to approve energy projects carried out without the meaningful participation or consent of
indigenous nations. Indigenous peoples are left with no choice but to peacefully protest and then are criminalized for their efforts to defend their lands and resources.
4. Since Standing Rock, there has been an alarming trend by the United States government and state legislatures to criminalize opposition to pipelines and other energy projects. These #AntiProtest and so-called “#CriticalInfrastructure laws” progress towards criminalizing dissent and implicitly condone the use of excessive force towards human rights defenders, often including indigenous peoples and their allies who are at the forefront of resistance to extractive industries. As the international community has acknowledged, these laws are incompatible with domestic and international law. The governments’ use of excessive force and mass arrests to threaten, intimidate, and silence “#WaterProtectors” seeking to defend their lands, resources, and #culture, and the collusion with private security forces, violate fundamental human rights to #FreeSpeech and Aassembly enshrined in international human rights law and the #USConstitution.
5. The information provided here builds on a 2016 request for Precautionary Measures filed by the #StandingRock, #CheyenneRiver and #YanktonSioux tribes, past Commission hearings on similar matters that remain unsettled, and reports on Indigenous Peoples and Extractive Activities, and the Criminalization of #HumanRightsDefenders. In addition, the United Nations has reported on the situation at #StandingRock through the Expert Mechanism on the Rights of of indigenous peoples. Despite condemnation from these international bodies and mechanisms, water protectors continue to suffer impacts from the criminalization of their dissent, while the United States moves forward permitting new #pipeline projects on indigenous territories.