Spat over Federal Takeover Has Latin America Watching. (Fair Comment)
Andersen, Martin Edwin, Insight on the News
When 40 heavily armed federal agents backed by a helicopter stormed the hardscrabble Nevada ranch of two elderly sisters, confiscating 232 of their cattle at 4:30 one Sunday morning last September, more than an Indian tribe's rights were trampled. The raid sent a powerful signal throughout the hemisphere: When the United States signs regional human-rights agreements, only other states--not these United States--need comply.
The early-morning cattle roundup was carried out by Bureau of Land Management (BLM) agents. Swooping in like the cavalry of old on horses, all-terrain vehicles and trucks, the raid was the government's crowning offense in its 30-year battle waged against Carrie Dann, nearly 70, and her sister Mary, almost 80, who are members of the Western Shoshone tribe.
This skirmish, however, brought resistance from an unexpected quarter. In October the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS) weighed in on the long-simmering dispute between the federal government and the Western Shoshone. For the first time in a case involving Indian rights in the United States, the IACHR found that the treatment of the Danns violated international human-rights laws.
The IACHR found merit in the Danns' argument that the United States used illegitimate means to gain control of the Indians' ancestral lands. The manner in which the lands were usurped, the IACHR said, violated several articles of the American Declaration on the Rights and Duties of Man. These included its equal-protection clause, the right to a fair trial and the right to private property.
The IACHR demanded that the U.S. government return the Danns' confiscated cattle and halt further actions against the sisters until the organization's review of the case was finished. Despite the ruling, however, the Danns' cattle were sold at an auction. Said a BLM spokesman flatly: "The OAS has no jurisdiction here."
The BLM justified its actions by saying that the Danns had fattened their livestock on "public" lands without paying the grazing fees non-Indians are required to pay. Not only were the Danns' animals seized and sold at an auction; the government also charged the sisters $50,000 in fees and levied a $3 million fine for willful trespass.
The Danns, like other Western Shoshone, have refused to pay fees for grazing their animals on land they consider part of their birthright. …