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OAS Commission on Human Rights accepts Onondaga’s Petition for Land Justice against the United States.

March 16, 2022 by Onondaga Nation

Onondaga Nation – In late February of 2022, the Onondaga Nation was informed by the Organization of American States (O.A.S.) Inter-American Commission on Human Rights Commission that the Onondaga Nation’s Petition against the United States has been accepted.  The Commission has ruled the Petition has met all of their initial screening criteria. In meeting that criteria, the O.A.S. has sent the Petition and all of the supporting documents to the United States, which now must respond within 4 months.

In April of 2014, the Onondaga Nation filed a Petition with the O.A.S. Inter-American Commission on Human Rights that charged the United States with human rights violations for the theft of their lands, the environmental devastation of their land and waters, and for the US courts providing no remedy for treaty violations.  This international forum was selected after the dismissal by the US Courts of the Onondaga Nation’s 2005 Land Right Action.

“After 8 years, it is welcome news that the Petition is moving forward,” said Onondaga Nation General Counselor Joe Heath. “This is an important step towards rectifying the US court’s decision to not even to hear the case.”

While this may at first appear to be only an administrative step, it is very significant and important because the alternative would have been the rejection of the Petition by O.A.S.

“We will, of course, carefully review whatever response the US files,” said Heath. “We have the opportunity to correct any misstatements or distortions made by the United States. There is no absolute right to a hearing after that initial exchanges of papers, but we will request one.”

Ultimately, after the receipt of papers and proof is completed, the O.A.S. Commission will issue a decision on the merits–that the United States has violated the human rights of the Onondaga people.

“This decision may be far into the future,” added Heath. “But we remain on track for a ruling and this is an important step along that journey.”

This is a critical, if small step forward in the Nation’s fight for land justice.

In 2005, the Onondaga Nation brought a Land Rights Case against New York State in US Federal Court.  The case argued that New York State violated federal laws in the taking Onondaga lands. In the only hearing conducted on the Land Rights Case occurred in 2007 in Albany, NY.

During the hearing, the New York State attorneys asked the bench, “They [the Onondaga] don’t want a casino. They don’t want money.  What do they want?”

To which US District Court Judge Lawrence Kahn responded, “They want justice.”

Despite the Judge Kahn’s statements in the courtroom, he ruled that the case would cause “too much duress” to the citizens of New York State and dismissed the case.  With the dismissal of the case in US Federal Courts, the Onondaga Nation then petitioned O.A.S. Inter-American Commission on Human Rights Commission for the United States role of denying the case be heard and therefore affecting the human rights of the Onondaga.

“A positive ruling by O.A.S will benefit the Nation’s long-standing efforts to assert their treaty rights,” said Heath. “This will aide in the regaining of substantial tracts of their homeland and bring it back into their stewardship. It is time for justice, time for land justice and time for healing.”

Click to read the 2005 Onondaga Nation Land Rights Case

Click to read the 2014 O.AS. Human Right Petition

 

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Filed Under: Legal, News Tagged With: 2022, Heath, Land Rights, OAS

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