Owe Aku and Acts of Sovereignty

Chronology of the White Plume Tiospaye Land Use Initiative:

 

“Standing Silent Nation Help Us To Be Free”

(Grow Hemp)

 

Chronology provided by Thomas Ballanco, Attorney for the Oglala Sioux Tribe

 

1998:  Owe Aku Tiospaye decides to grow hemp for sustainability, economic development, healing of the Earth and as an exercise of sovereignty.

 

1998:  Oglala Sioux Tribal Council passes a tribal ordinance legalizing hemp cultivation on the reservation and establishing procedures for prospective growers.

 

April 2000:  Owe Aku Tiospaye and other land use associations and family groups plant industrial hemp on Pine Ridge.

 

July 2000:  Hemp samples from across Pine Ridge are tested for THC content and are found to contain less than 0.1% THC.

 

August 2000:  In a surprise dawn raid, DEA agents and Federal Marshals enter sovereign Lakota land, including the Owe Aku Tiospaye without coordinating with tribal authorities and cut down and destroy hemp crops.  No charges are filed.

 

September 2000:  Attorneys for the Owe Aku Tiospaye file a Motion for Return of Property in federal district court.  Before making a ruling, the Judge determines that since the hemp has decayed in storage, the case is moot.  The Owe Aku tiospaye is not compensated for its losses.

 

April 2001:  The Owe Aku Tiospaye plants hemp on their land.

 

July 2001:  The federal government threatens members of the tiospaye with federal criminal prosecution unless the DEA is allowed to enter the land and cut down the hemp crops.

 

April 2002:  The Owe Aku Tiospaye plants hemp on their land.

 

August 2002:  The federal government files a lawsuit seeking an injunction against individual members of the Owe Aku Tiospaye, “their agents, assigns, servants and attorneys.”  A temporary injunction is granted.

 

September 2002:  The Owe Aku Tiospaye and purchasers of its hemp, Madison Hemp & Flax and Tierra Madre, respond to the government injunction and counter-claim for loss of property and interference with sovereignty.

 

December 2004:  Without taking evidence or conducting a hearing, federal judge Richard Battey issues a summary ruling in favor of the government making the temporary injunction permanent.

 

Spring 2005:  Attorneys for the Owe Aku Tiospaye and their purchasers file an appeal with the US Court of Appeals for the 8th Circuit.  The Hemp Industries Association files an amicus brief on behalf of the Tiospaye and the Indigenous Law Institute and Institute for Cultural Equality file an amicus brief supporting sovereignty on Tiospaye land and challenging the federal government’s exertion of jurisdiction.

 

ANNOUNCEMENT:  Attorney for Alex White Plume, Bruce Ellison of Rapid City, SD, has notified the family that there will be Oral Arguments at the Court of Appeals in St. Louis, MO on December 12, 2005 at 9am.  Bruce will present the oral argument that Alex White Plume has the right to have a trial based on the merits.  (The Judge had ruled that he did not have the right to a trial and he did not have a right to grow hemp.) (November 12, 2005)

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Standing Silent Nation Help Our Generations To Be Free  by Debra White Plume

           As the White Plume extended family, we engaged in an act that some call heroic, some ridicule as a thin veil for the legalization of majiuana, while others do not know what response to register. In a conversation about this action we are taking, there probably will be controversy.  After all, we chose to step out of a box of conditioned thought.

hemp           Some people hail this action as assertion of sovereignty retained by the Lakota in the Ft. Laramie Treaties with the United States of  both 1851 and 1868.  We believe this is core to our action, we are asserting our legal, sovereign right to live according to the laws of our people. In addition to this assertion, we believe there is a way out of the poverty and oppression weighing heavily on the Oglala Lakota, known as the “Oglala Sioux Tribe”, who have had the distinction of living in the poorest county in America for the past twenty-some years.  Our people under age 25 (which is half the tribal membership) have lived their entire lives under what has been called the most hurtful type of genocide there is, that of  “economic bondage”, as described in the words of that peaceful revolutionary, Ghandi of India.  Looking at this dire economic situation and looking at the future, we know this situation has to change.  It is the Lakota way to consider the coming generations, this is Lakota law. 

          To put this action of the White Plumes’ into context, understanding our world is necessary.  We live along Wounded Knee Creek in South Dakota on the Pine Ridge Reservation, home of the Oglala Band of the Lakota Nation.  The Oglala is comprised of many Tiospaye (extended family) who claim their rightful place in the history of the world.  Commonly known as the Great Sioux Nation, we Lakota, Dakota and Nakota Nations call ourselves Oceti Sakowin, Seven Council Fires.  The Lakota Nation is made up of seven bands, the Oglala is the largest.  The Oglala Band is made of many Tiospaye, which means “relatives living together”. 

         When one hears the name Oglala Lakota, images rise of majestic warriors, leaders, and Holy Men: Crazy Horse, Red Cloud, Little Wound, Big Road.  These men and their families fought for their freedom and their right to live on this land, to live with the land and all of creation.  The heart of the Oceti Sakowin battle was the sacred He Sapa, the Black Hills, known to us as Cante Ognaka, the Heart Of Everything That Is.  For all that is commonly known about the Oglala Lakota people, it must be remembered that, first and foremost, we are a spiritual people.  Our lives and actions are guided by the creator, who tells us our life path by showing us the stars. The Star Nation guides us here on Mother Earth, as they live in the sky.  This message is written on earth in He Sapa, as it is written in the Star Nation.  From the northwestern edge of the White Plume land, the sacred He Sapa looms large and mysterious in the distance. He Sapa appears to hover as a wavering image over the tall, swaying grasses of the plains, rolling hills and canyons which lead to He Sapa.  Visible also, from this tip of our land, is the badlands:  Mako Sica, the doorway to He Sapa.  The badlands, a sacred place as well, was almost destroyed by the U.S. government as a “bombing range”, used to practice war manuevers.  On this land base, among the Oglala Lakota of today, there are still extended family groups intact: Tiospaye.

         Alex White Plume, Sr., as the oldest White Plume male, is the head of his extended family.  The extended family by consensus manages the family land base, inherited from original allotments forced on the Oglala people a century ago, as with many other tribes in America.  The land is administered by the Bureau of Indian Affairs (BIA, in the U.S. Interior Dept.). The land lease rate is about $400 for 120 acres of land per year, mostly leased to non-Indians. This money pays for the lease holder to use the growing grass.  However, it is common knowledge the lease holder often assumes rights additional to using the growing grass, and is often supported by the BIA. Even if a landowner choses to keep land out of lease, the BIA often leases it anyway. This situation results in Lakota landowners falling into the most economically distressed segment of tribal populations, as they are unable to use their land. This  BIA practice is a major contributor to the poverty of Oglala people.  On Pine Ridge there is a work force of 16,000 and 2,000 jobs; thus, many families depend on lease money for basic survival.  Contrast the $400. per year to lease land versus hemp yeilding around $480 per acre which is $57,600. per year. 

         The White Plume family looked at these living conditions as landowners, as people who follow the laws of the creator, as common people.  “There has to be a way to live without exploiting land, air, water, or people” is a comment frequently made during family meetings.  Research on land use and tribal law led to the decision to grow industrial hemp.

    Industrial hemp can be grown with very little damage to the land, without pesticides and chemicals. There are over 50,000 uses of industrial hemp.  There are many states in various stages of legalizing hemp, in an effort to boost state economy, to save family farms, as an environmentally friendly method of land use, as an alternative to deforestration and irreparable destruction of top soil.   Growing hemp can benefit the economy in many ways beyond the landowner. If one does not own land to grow hemp, one can operate a business in the oil pressing aspect of the industry; run a company to transport the stalks, oil, seed;  produce labels, jars, other packaging for the final product.  There is a need for advertising, marketing, sales.  Our people can knock down the doors to open up the industry.  We can organize with other tribes to work together.  The potential is limitless.  Hemp is such a versatile plant, it can feed, clothe, shelter, and heal us.  Hemp has as many uses for our people as did the buffalo for our ancestors.

           We see the potential for our people to move out of poverty.  We are engaged in a peaceful action that is based on sovereignty.  In 2000, Alex planted.  In 2001, younger brother Percy planted.  In 2002, younger sister Ramona planted.  There are dozens of White Plume’s ready to take their turn to plant.  We want our sovereignty.  We want out of the oppression imposed on our reservation, so we have engaged in a peaceful, prayerful action. The White Plume women and children tend the fields of hemp.  In the harvest seasons of  2000 and 2001, we were met with the guns, helicopters and flack jackets of the DEA. (Drug Enforcement Agency). We sought guidance, then decided to grow industrial hemp, which is separate and different from marijuana.  Growing industrial hemp as a commercial crop was legalized by the Oglala Sioux Tribe.  The DEA does not differentiate between hemp and marijuana, although US Congress does.  The DEA does not respect our tribal law or sovereignty.  In the days of our ancestors, the government said they could not tell the difference between a good Indian and bad Indian, so “kill them all”.  Today they say they can not tell the difference between marijuana and hemp, so ‘kill it all’.  As hemp is a multi-BILLION dollar a year industry, it very well can take our people-as a Nation-out of poverty and dependence.  Perhaps THAT is why the U. S. does not want us to grow hemp.  If we have resources as a Nation, we won’t need welfare AND we might fight for our land, water, treaty.

        We sought help and guidance to make a decision to engage in this action, the answer was in front of us.  Our people are called “grassroots”.  That is where the answer was shown, growing out of the ground: the plant nation, the Standing Silent Nation. May the Standing Silent Nation help our generations to be free! May the Standing Silent Nation help us fight for treaty rights! Treaties are not made with minority or ethnic groups, they are made with sovereign nations! If we do not chose to live  the treaty rights our ancestors fought for, which the US agreed to, what message do we give to the coming generations?  Can we look at our great-grandchildren and live with the image reflected in their eyes?

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Owe Aku: Bring Back the Way

"We Do Not Inherit Mother Earth From Our Ancestors, We Borrow Her From Our Children." --Crazy Horse

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