11-30-2010 The Ely Times

Rick Spilsbury takes Las Vegas water grab to a higher court

McGill's Rick Spilsbury traveled to Geneva, Switzerland, during the first week November, joining Western Shoshone Defense Project's Larson Bill and the Universty of Arizona Indigenous Peoples Law and Policy Program Staff Attorney Se�nna Howard for a United Nations review of the United States' human rights record.
WSDP's Rick Spilsbury, left, and Larson Bill earlier this month in front of the United Nations in Geneva, Switzerland. Submitted photo
Ely House Biz

During this historic first review of the United States under the Universal Periodic Review (UPR), the United Nations' Human Rights Council (HRC) incorporated multiple recommendations that the United States address indigenous rights.

"The Western Shoshone were in Geneva once again to speak to the United States' ongoing failure to respect their rights to their lands and resources," Howard said in a Nov. 11 press release.

"The Shoshone have a persistent presence at the United Nations, and their concerns are well-known and respected among the international community. On this occasion, Shoshone representatives had an opportunity to engage in a face-to-face dialogue with the United States, which hopefully will result in the United States making some effort to recognize and protect their human rights."

In part of his presentation, Spilsbury, a member of a five- person panel on corporate accountability, said, "I'm here today because I'm convinced that we have a window of opportunity to save my western Shoshone homeland - the high deserts and remote mountain ranges of the Great Basin. This is a vast natural area taking up much of the States of Nevada and Utah in the very middle of the American West. Other than mining, very little human development has occurred here because of how little water there is. However, this is exactly what makes the Great Basin so wonderful. It still retains much of the beauty my ancestors have called home for thousands of years."

Spilsbury said the basin - and the state - need water laws that respect Native Americans, rural residents, future generations and natural wild areas.

"What Nevada needs are guidelines for writing sustainable water laws and U.N. help in pressuring the U.S. Government to live up to its own commitments with worldwide help pressuring local Nevada corporations (such as Las Vegas hotels) to convince Nevada legislators to rewrite these laws."

The United States, he said, has been a beacon of human rights in some ways, but its record has been far from stellar. The Universal Periodic Review is the closest thing we have to a mirror to see our true selves.

On November 5, high-level officials from the US responded to questions and recommendations put forth by 57 countries. Significantly, 17 of these countries specifically raised indigenous issues, including adoption of the U.N. Declaration on the Rights of Indigenous Peoples, implementation of the Committee on the Elimination of Racial Discrimination (CERD) recommendations, and rights to participation and consultation regarding activities affecting their lands. Additionally, dozens of countries urged the United States to establish a National Human Rights Commission, something the WSDP has recommended in order to address indigenous rights.

Delegates also attended a U.S. town hall meeting held in Geneva and a sit-down with Assistant Secretary of the Interior for Indian Affairs Larry EchoHawk. Bill spoke positively of WSDP participation, saying, "Overall, the Shoshone issue was received amongst the United States and all attendees globally."

However, U.S. responses to indigenous concerns focused almost exclusively on addressing disparities in housing, education, health, and other socioeconomic indicators. Officials failed to adequately address underlying issues concerning land title and resource extraction.

Despite several recommendations, the U.S. refused to address environmental destruction as a human rights issue, leaving Western Shoshone concerns about Nevada water resources and the toxic effects of gold mining unaddressed.

The Western Shoshone will continue to engage the U.S. in an effort to seek implementation of the Human Rights Council's recommendations.

For more information on the WSDP on e-mail: wsdp@icg.org.