On Friday, October 28, 2016, The United Nations and Amnesty International each announced their plans to send delegations of human rights observers to investigate reports of human rights violations of protesters opposing the North Dakota Access pipeline. This action comes one day after heavily armed authorities surrounded protesters and reportedly used pepper spray, tear gas, and a sound cannon before arresting 141 protesters, bringing the total number of arrests to more than 400.
The Dakota Access Pipeline, a 3.7 billion dollar project, which is currently more than half completed, is being built to transport 470,000 barrels of oil a day across four states: North Dakota, South Dakota, Iowa, and Illinois. In southern Illinois, it will link with existing pipelines.
On January 25, 2016, Dakota Access announced it had received permit approval to build their pipeline from the North Dakota Public Service Commission. Seven months later, July 27, 2016, the Standing Rock Sioux Tribe filed its first legal action to try and block the pipeline.
In September, Standing Rock Chairman Dave Archambault II addressed the United Nations Human Rights Council, calling on the council to help stop construction. He argued that two legally binding treaties, the 1851 Treaty of Traverse de Sioux and the 1868 Treaty of Fort Laramie are being violated. “The oil companies and the government of the United States have failed to respect our sovereign rights,”Archambault said.
The Standing Rock Sioux Tribe view the pipeline as a threat to their water supply and a threat to sacred lands and burial sites. Thousands have participated in peaceful demonstrations against the pipeline, but many have been met with violence. There have been many reports of beatings, pepper spray, tear gas, mace, attack dogs, rubber bullets, horses injured from shootings, and the use of compression grenades, and a sound cannon along with arrests where protestors are forced to endure strip searches along with cavity searches. Archambault was arrested. Amy Goodman, a journalist, and documentarian Deia Schlosberg were arrested.
Schlosberg filmed activists who manually shut off the safety valves to stop the flow of oil in Minnesota, Montana, North Dakota and Washington state, was charged with three felonies: conspiracy to theft of property, conspiracy to theft of services, and conspiracy to tampering with or damaging a public service. The maximum prison sentence for the three charges would equal 45 years. She was held for 48 hours without access to a lawyer and her film was confiscated. The charges are still standing.
Journalist Amy Goodman was arrested twice. She was first charged with criminal trespass on September 8 after reporting on the September 3rd violence between security guards and protestors. Reports from the sheriff’s office said 3 workers were injured by protesters. Witnesses said the security workers used pepper spray on 30 protesters and 12 were bitten by pit bulls that were released to attack men, women, and children. Goodman’s charges were dropped only to be replaced with a charge of engaging in a riot. The judge rejected the case due to lack of evidence.
On August 31st, the United Nations Permanent Forum on Indigenous Issues said the “world is watching” and made the following statement:
For indigenous peoples, the environment is a living entity that contains our life sources as well as our sacred sites and heritage. The environment is an important part of our lives and any threats to it impacts our families, ancestors and future generations. It is therefore imperative that the United States respects and recognizes the intrinsic, inter-related rights of Sioux and their spiritual traditions, history, philosophy, and especially their rights to their lands and territories.” – ABC News
On September 8, the day before the court’s ruling, North Dakota’s governor, Jack Dalrymple, activated 100 National Guard Troops to assist local law enforcement if protests become violent.
On September 9, a federal judge denied the Standing Rock Sioux Tribe’s request for a temporary injunction. On the same day, the Department of Justice, Department of the Interior and Department of the Army released a joint statement saying,
The Army will not authorize constructing the Dakota Access pipeline on U.S. Army Corps of Engineers land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. The Army will move expeditiously to make this determination, as everyone involved — including the pipeline company and its workers — deserves a clear and timely resolution. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.” – ABC News
The tribe appealed the September 9th ruling, but its appeal was denied on October 9th.
On October 25th, tribal leaders called on the U.S. Attorney General, Loretta Lynch to investigate civil rights violations. The Department of Justice released a statement about how they were working with both sides to defuse tensions, support peaceful protests, and maintain public safety. Two days later protesters set up a roadblock that closed down a state highway resulting an escalation in violent intervention and arrests.
The fear of environmental harm from this pipeline is not unfounded. The Center for Effective Government claims ruptures and leaks are a daily occurrence. On their site they state the following:
Since 2010, over 3,300 incidents of crude oil and liquefied natural gas leaks or ruptures have occurred on U.S. pipelines. These incidents have killed 80 people, injured 389 more, and cost $2.8 billion in damages. They also released toxic, polluting chemicals in local soil, waterways, and air.”
“One of the largest spills happened in North Dakota in 2013 when lightning struck a pipeline, which leaked over 840,000 gallons of crude onto a wheat field.”
On October 20th, a Pennsylvania pipeline burst, leaking 55,000 gallons of gasoline into Wallis Run, a tributary of a creek that drains into the Susquehanna River. The spill endangered the drinking water of six million people. The pipeline is owned by Sunoco, the same company behind the Dakota pipeline access.
Does the Standing Rock Sioux Tribe have the right to protect their land and their water? Do they have the right to demand that the U.S. government honor their treaties and laws? Or will we continue to allow corporations and corporate greed to rule our country? Will we assist them in stripping citizens, especially native Americans, of their constitutional rights as we plunder the land and its resources? Didn’t we learn not to use the National Guard against our own people after the massacre at Kent State when National Guardsmen shot and killed four unarmed students?
Hopefully, the added publicity from celebrity activists like Shailene Woodley, who was charged with criminal trespassing and engaging in a riot and Mark Ruffalo and the involvement of Jessie Jackson and Jill Stein will continue to sway public opinion. Even Bernie Sanders has made it clear that he supports the protesters.
Now that the UN and Amnesty International are involved, the whole world really is watching.
Recommended Reading:
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- Cotton and Environmental Issues
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- Circumcision, the Primal Cut – A Human Rights Violation
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Sources:
- Standing Rock Sioux Takes Pipeline Fight to UN Human Rights Council in Geneva – NBC News
- Amnesty International and United Nations Send Human Rights Observers to Monitor Treatment of Dakota Access Pipeline Protesters at Standing Rock – Inquisitr
- Filmmaker Faces 45 Years in Prison for Reporting on Dakota Access Protests – Common Dreams
- Meet the Journalist Facing 45 Years in Jail for Filming Tar Sands Pipeline Protest in North Dakota – Democracy Now
- Judge Rejects Riot Charge Against Amy Goodman of ‘Democracy Now’ Over Pipeline Protest – The New York Times
- Timeline of the Dakota Access Pipeline Protests – ABC News
- North Dakota Pipeline Protests To Be Met By National Guard – The Huffington Post
- Map Displays Five Years of Oil Pipeline Spills – Center for Effective Government
- Pennsylvania Pipeline Bursts, Leaks 55,000 Gallons Of Gas Into One Of US’ Most Endangered Rivers – True Activist