Transcript of

             Yupik and Inupiaq Initiatives for the

      Conferencing on the Compact of Free Association and

       Dialogue with the United States Government Sec of

                Interiors Office Washington D.C.

 

 

 

Mr. Irvin Brink:  It is time for us to push the Resolutions passed at Kasigluk, Alaska, on April 15, 1988, and we cannot wait no longer for its' Implementation.

 

Mr. Charles Edwardsen, Jr.:  Where we are today--as you well know--the Alaska Native Claims Settlement Act was not a jurisdictional act.  And the United States government, has handled  the jurisdiction in a haphazard environment.  Since the purchase of Alaska, is an acquisition of a company.  We believe that what was purchased in Alaska, was 241 acres, and this was done by mirrors.  The United States and Russia, without defeating the occupants of the Alaska Natives, have assaulted Alaska Natives and occupied the theft through the threat of force.

     Since the Alaska Native Claims Settlement Act is not a jurisdictional act.  We feel that the present claims of the Soviet Union and the United States in the Bering Sea, cannot be achieved with the occupation of the Alaska Natives in place to date.  We feel under the International Laws for acquisition under the acts of: Discovery; Terra Nullius; and Articles of War; since the United States and Russia have not declared war.  That they cannot utilize the occupation without defeating the Alaska Natives.  We feel that at the time of the purchase, that what they acquired is clearly defined in the Russian Administration of Alaska, and the status of Alaska Natives still remains.

     Since the Anglo intrusion has been defined, and has been resolved in the name of statehood act; that there is 270 million acres of lands that still remains under the occupation of Alaska Natives.  And we feel these lands are subject to the De-colonization order, which the United States has assumed, the sole responsibility for.  And we concur with the findings of the United States under the joint resolution of Congress, in 1986, January. That the United States government has failed miserably in its' occupation.

     We feel since the United States has adopted the Genocide Convention.  We feel and concur that the Genocide Convention is now in force.  And we feel it is the supremacy of the law.  We feel that we are part of the human phylum.  Since the legal history, the exposure of the United States to date, under the Tee-Hit-Ton case; under Edwardsen vs. Morton, which is United States vs. ARCO, that the Court in its' wisdom has found us that we are not Americans for the purposes of the Fifth Amendment.  And all we have is a "cosmic" hunting license.  And we were in the oral arguments in Edwardsen vs. Morton, which became United States vs. ARCO.  We were incited by the Court to shoot to protect our property as an alternative.  We refuse to shoot the oil companies who were trespassing upon our lands.  The Ninth Circuit opinion was maintained.  The Supreme Court of the United States has denied us certs.  Therefore the United States is now exposed to its' own criminal jurisdiction, under the terms of the Genocide Convention.  We feel we can now review these cases, because the Eskimos have never surrendered; the Yupiks have never surrendered; the Hawaiians have never surrendered.  We feel the Articles of Free Association, and through conferencing, is the appropriate way to resolve this jurisdictional problem.

     If you have not already read this document, which was left from the negotiations of the Alaska Native Claims Settlement Act.  Document 81st Congress, 2d Session, document 152.  We feel with that document, and Title 48 1681, is the appropriate vessel through conferencing to resolve our jurisdictional problems with the Soviet Union and the United States, in their boundary dispute in the Arctic.

     Further State of Alaska and its' people had also seen in their wisdom to find out the depth and breadth of their responsibilities.  The Anglos of the State of Alaska, by a majority vote.  Voted to a study of the legal basis of a relationship between the United States and State of Alaska, and the legal status of Alaska Natives.  With the findings of the Alaska statehood commission.  The commission found, and elected to maintain, the statehood relationship for the Anglo-Saxon majority.  And that the Articles of Free Association was a right for the Alaska Natives to resolve their  legal relationships between the United States and themselves.  And so, we are in concert with the findings of facts of the United States Congress.  On Title 48 1681.  Pursuant to that order, we feel that the Secretary of Interior, and Secretary of State have been charged with that responsibility, to host a conference--a series of conferences.  We feel this is an appropriate vessel for us, and the Secretary of State, which a report is due to Congress, I think by '91?  If I read the authorizing statute correctly.  We have had a hostile legal experience.  Where instead of affirming the rights we have always used.  We have seen a diminishing value of ourselves, every time the Americans--the American Court system has been the Alaska Natives casino.

     At this time, the agenda items we have debated, and the topics we have elected.  We feel it is time for the Secretary of Interior and Secretary of State, to exercise a knoll of their powers, to convene such a conference.  With high visibility, and with all of the linguistic groups that are stated in our findings.  We had utilized the ward as the appropriate vessel, for the simple fact, that the voice of the people an their desires can be best met by ward.  And we are here to open a dialogue with the United States government, so that a charge of the Genocide Convention would not be executed by the Tribes against the United States.  And we feel, with the findings of facts of the Arctic Research Policy Act, as the appropriate findings of the United States government.  In the manner of exploitation, and how, with its' appropriate scientific committees, that we concur.  That the present status of the Alaska Natives today, is worse off, than the time we commence the Alaska Native Claims Settlement Act.

     We are worse off today as a class of people, and therefore, the Arctic Scientific Research Policy Act of 1984, has alluded to the failings of the United States government, and its' agencies.  As a part, and in part, executing Genocide among the Alaska Native peoples.  So therefore, we are requesting the United States Government to engage in a dialogue, with a series of conferences.  As you well know, there are several linguistic groups, and we feel that ANCSA is not a jurisdictional act.  And therefore, the internal organizations set aside by ANCSA is an insult to our Sovereignty!  We feel the appropriate human occupation of the linguistic stocks in Alaska, are the appropriate methodology for the creation of the Associated States within the Territory of the Arctic.

     And we feel because of what the United States was charge for the De-colonization.  We feel that we are a part of the human race, eligible to have a majority of ourselves, in the promotion of the democratic fora.  And we are seeking your technical assistance and financial aid, to further promote our cause for a peaceful solution.  We address these agenda items specifically in our resolutions, and we made this available to... While you were meeting in Hawaii, with the Trust Territories.  We were having another meeting with the State Department in Barrow.  Along with the Russian counterparts on their experience on how that we had found out--they were scoping along--they were scoping the magnitude of their failing.  And all of the branches of the United States government was there.  And their Soviet counter-parts were there with us for 3 days.  We have gladly informed the United States that we have never surrendered; nor have we signed a Treaty.  And we are tired of the American-Russian occupation to date.  And we seek to for an amicable resolution for the termination, of this strategic relationship.

     We are willing to stay at any length of time, as our will is

able to provide, to come up with a program.  We are at your ser-vices, we would like to initiate the negotiations today.  And we expect to hear from you, as time will provide for your analysis.  We seek to resolve our situation peacefully, amicably, and ex-peditiously as possible.

     I do not have a monopoly on this situation here, and I wish for the rest of the delegation to say something in this meeting.

     Since there are present bills on the Alaska Natives.  That ANCSA is the most pathological destructive act.  Fortified by FLPMA--Federal Land Policy and Management Act.  Terminated the cause for Alaska Natives to be desirably American.  It wiped out the Native Townsite Act.  It wiped out the children not born.  It wiped out the possibility of good faith upon the United States to be American for the Alaska Natives.  We feel section 4 of Alaska Native Claims Settlement Act--the extinguishment clause--is a cause for the Alaska Natives to file a complaint against the United States government, for the crimes of Genocide.  Pursuant to their authorization.  And before we make this charge.  We feel conferencing, and the format that has been successful, with the negotiations upon the United States government and the Soviet Union, and rest of the signators to World War II.  We feel that the world process, and world peace can be maintained and put into execution.

     The legal relationship of the Monroe Doctrine, and the Neutrality Act.  The Neutrality Act is probably the best act which defended foreign intrusion, and our protection, and the protection of the United States.  The Neutrality Act of 1794 to date, is the legal basis of the relationship that the United States had created with the Indian Tribes.  And the Monroe Doctrine enforced this.  We also feel, that section 5 of the 14 points of President Wilson's address for self-determination is in order.  Great Britain and the United States have further exposed themselves, for an International Declaration, that they gave called: the Atlantic Charter.  We feel that we have strong legal basis under the American regime to sustain a claim of rights in-corporated, and preserved by the Constitution of the United States.

     We strongly feel that the Tee-Hit-Ton case; the Re-Minok case; Edwardsen vs. Morton; and the latest subsistence case of Alaska, by the Alaska Supreme Court.  Is a simple Nazification of Alaska to date.  We feel that majority is indefensible.  And state of Alaska, and its' people have forever signed a compact to the Alaska Native people, and with the United States, for their claim to hunting and fishing rights of Alaska Natives.  We feel we are jaded today, and the tyranny of shifting majority is continuing.  We feel the United States has secured more than their due from the purchase.  If one is to digest the Treaty of Cession correctly, without tainted eyes, and looks at the mirrors of the foundation that it was founded upon.  We feel the American government has secured involuntary cession of lands, and grant them to their own citizenship.  We feel that we have lost enough land today.  And we feel America has gainfully received, what it would not have received itself, if War was executed at the time when America was weak.  We feel the Neutrality Act of 1794, and the Monroe Doctrine, are 2 of the civilizing acts that makes America different.  Provided that it concurs with its' own Constitution--not to make a political rule of its' own Charter.  We feel we cannot no longer be victimized by a shifting majority.  For their own desires which no longer reflects a constitutional government, but a tyrannical administration of shifting majorities.  We will leave it there, and we are desirous of your participation.  With that, we will be waiting for a response, and we wish to commence negotiations.

 

Mr. Brink:  At our Hawaiian conference.  The Secretary of Interior, promised the Yupik delegation of Alaska, as he personally came down from the podium to accept my testimony.  That upon his return to Washington D.C., he will work on our re-quests.  Also, I have heard too many promises made by the United States government to date.  I have yet to realize these promises from the federal government.  Promises never being realized.  However, on the promise made by the Secretary of Interior, I will personally hold him to that promise, and would like to execute and commence the conferencing on the Compact of Free Association with the United States Government.

 

Edwardsen:  The present rate of exploitation of the Alaska Natives resource.  Today I think it would be safe to say, the trespassers, and the intruders have exploited us equivalent of 1 trillion dollars.  From 1741 to today.  This massive intrusion did not occur, but most recently, from 1968 to date.  In the name of oil and gas lease.  If America is to trash itself, and honor a third party trespasser; and a foreign state enterprise.  And was silent upon--at the time it was debating whether it was right to extinguish the Alaska Native Claims Settlement Act.  They gave themselves a permit for the exploitation of oil.  Instead of when America was silent in 1968.  When British Petroleum, a foreign state enterprise, that is formally a government, which had higher reasons for the Americans to suspect, and probably file economic treasonable offenses against British Petroleum, for securing SOHIO.  Now Americans are losing--there is a capital flight out, that the Americans can halt.  That is British Petroleum.  So we would save this hemorrhaging, by resolving these horrible land deals the United States had trashed upon itself.  And then, repel foreign takeover of American companies--good American companies now being hatched.

     We feel the Buy American and the Buy Indian Acts are the appropriate vessel to repatriate economic power into North American hands.  We feel through Buy Indian and Buy American Act is a way for us to secure these bad leases, that have been done in the name of a myth of an energy emergency.  And we feel we can re-verse and aid the Americans, because our allegiance are basically to the Americans, at this time, not to Great Britain.  And if the Americans have their allegiance to Great Britain, maybe they should reconsider what the Monroe Doctrine had promised the rest of the world.  And for the American people to maintain them-selves in peace with each other, that we can get back to our economic destiny, with the aid of the Eskimos to date.  This is also true with our fishery.  There was more protection for the Eskimos when the revenue cutters were policing up there.  Now, in the name of the Magnuson Act, which the United States government cannot enforce, we're being raided by our fishery.

     When the United States government's ice breaker was lame.  It had to call upon the Russians to defend itself.  Those of us who have had occupied our homelands have seen the failings of either the Russians or American attempts.  We ask ourselves.  How can they claim sovereignty, when they cannot maintain it?  What greater power do you think you have to suppress the Alaska Natives?  And instead of name calling, we feel, that we are mature enough--it has taken us 217 years to speak the English language adequately to defend ourselves.  We feel we do not have an insecurity with the utility of your language, nor the examination of your institutions.  We feel secure to deal with you on equal footing basis, and we are not seeking for welfare.  We are asking for equal treatment.

     A whole society loses when you go into legal combative situations. And it does not serve anybody's interests in the long

run. It just makes a permanent enemy for life. We feel for the United States to deny unilaterally, that we are not Americans, is the greatest insult that it has done to itself.  And that the only way that it can change its' face value, is to face up to it, to say what it is.  That the only way that I see for the Eskimos, or the Inupiat people to remedy themselves to get all their property back.  Instead of pirating in the name of force or greatness.  We feel that the carnivorous environment--the over exploitation of the United States, is now reaching its' saturation points.  We look forward to the continuation of this dialogue.  We wish to convey to the Secretary and to your counterparts at the State Department.  We are physically present, and come here to  the conference table on the call of your dais.

     The Senate hearings on the legal status of Alaska Natives.  I wish to make it exceptionally clear, that Alaska Federation of Natives is not a Tribe.  That it is a state instrumentality:  That it has no membership by itself; that it has no land; it has no base; no tribal membership; that it is only a party of 12 people.  Who supposedly speaks for those 12 people.  So therefore, that the Bureau of Indian Affairs, or the department of Interior, I have not seen them publish in the federal register, their official recognition of the Alaska Federation of Natives, Inc.  That the government has some government agents among itself, that gloriizing third party intrusions by Alaska Federation of Natives, as if had sovereignty.  We feel it is a misnomer, and that the Secretary of Interior knows better.  That Alaska Federation of Natives, has no sovereign authority what so-ever!  That it is a cancer among ourselves.  And we wish the United States government would clean its' own image, to diminish  the hostility among the Alaska Native people.  Not by giving them their own opinion what do you want.  That the surveys they've had are tainted.  We feel that they don't have sovereign authority   whatsoever!  And I don't know what tribe they belong to?  Based upon that I have a video tape, which I wish to submit as evidence on the empirically coordinated conspiracy of misrepresentation, by the 12 members calling themselves the Alaska Federation of Natives Inc.  And I wish to certify this tape, and will make it available for your review, because I know they have no legal re-presentation and interest among the Alaska Federation of Natives Tribes of Alaska--that they do not represent us.

      So based on the Buy Indian Act, or under the 638 authority, that they should not be receiving any contractual assistance from the United States government.  That they are not a federally recognized tribe, I rest my case.

     We finally received the support of Senator Stevens on the jurisdictional issues.  And much  to our surprise he has finally recognized Alaska Native Tribes do exist, and have survived the statehood act.  We are happy that the Senator has recognized that the State Supreme Court was in ere over ANILCA. And we're happy to have his new support, which we haven't had before.   Up until the Alaska Supreme Court was in ere over ANILCA.  So with his new esteemed participation, and then, to recognize Treaty obligations to the tribes.  We feel that we do know that the International species; we would prefer the that the federal government do take its' responsibility.  In its' duty on all international species, and not giving them to a third party contractor, who is bidding them to fisherman from other states in the name of a sportsfish-ing license.  And then, our people are left without.  So we would like to see the federal government take responsibility of its' execution of the migratory species.  We wish to extend our story to the rest of the world, and we are going to tell it as it is.

     Mr. Glidden:  I'm not an expert on the conferencing leading up to the Compact of Free Association.  Which is what you want to get started.  I don't know if...  I don't know who has to officially start it?  But I do know if the Congress were to direct us to do it.

     Charlie:  Under the Joint Resolution, you are charged with that responsibility.  Title 48 1681, Section 302.  The Secretary, these are non-sequestrable funds.  So don't tell me that they are going to be cut off, by Senator Stevens, or anybody else.  So these come from the accounts of the Chief Executive Officers of these United States.  Charged to the Secretary of State and to the Secretary of Interior.  This is your bosses job, sole job description for him to initiate.  And in concurrence with section 303 .  We come in as conferee's.  We're the subjects of the conference.  Subjects come in under section 303.  Title 41 and sec-tion 41, is the declarations and findings of facts.  And under Title 48 section 1681, under section 302, the Secretary of Interior is the boss in concert with the Secretary of State.  So there are joint conferences by the President of the United States to execute their responsibility.  So you pay, we talk.

     Glidden:  What I mean to say is, the Secretary of State, do we a...

     Charlie:  Please seek legal opinion and legal advice on the portion of the Secretary of State.  You have a co-equal part.  So if you can convey to your equal in the Secretary of State, we have not made an appointment yet.  After meeting with the Senator maybe he can extend his good offices to set up an appointment with the Secretary--with the State Department.  But we are going to be making the same pitch over there.  I do know these funds are charged from the general administration of your office.  From the office of the Secretary of Interior, and Secretary of State.  And these funds are not sequestrable.

     Mr. Steve Sanders:  Tim if I may mention.  I believe section 302 is the difference in what he's talking about, deals with the

conference we had in Hawaii and was held in regards to the

Pacific Policy.

     Charlie:  The Pacific Policy incorporates Alaska and Hawaii.

So since the Anglo Saxon--since the white majority south of the

Porcupine-Yukon-Kuskokwim line; and when President Reagan made

his declaration in Fairbanks, Alaska that people of Alaska in their wisdom have not changed the Constitution of State of Alaska. So that Compact is intact. So the rest of the Territory

that is not in State of Alaska. State of Alaska is 375 million

acres. The American Administration in the grant of statehood is

now, now the United States administration in Territory of Alaska

of 102 1/2 million acres. So the rest of it, as we see it, comes

under the mandated charter of the United States under the decolonization authority of the U.N. And our people are the legal

status of Alaska Natives is still at large. And we wish to resolve this issue expeditiously in a timely fashion. And so the

conference and administrative support that the Secretary must

provide.

     Mr.Glidden:  But that was to come up with a Pacific Policy.

It was not to come up with a Compact of Free Association

     Charlie:  No, this is a continuation of your policy. See the

Statehood is meant for Anglos. Have you ever seen a state that is

Indian? So we feel this policy as it is defined by the United

States of the Pacific Policy, we're part of the Pacific Ocean.

We're part of the policy, we're part of the human race. That we

are part of the subject that some people have demeaned. We wish to agree with the findings of facts of Congress. And we feel that

they have not done their job to this point. And we feel that they

cannot hide us any longer, because we refuse to be hidden. The

President is charged with a report. You have to report to your

boss by 1991 on how great America is. And in the greatness it may

not shine, that armor it is seeking to gratify itself. And we are

saying that we are your unfinished business, and you are charged with that responsibility.

     Mr.Glidden:  So when you meet with Secretary Stevens...a...

tomorrow, whenever you meet him...

     Charlie:  Senator.

     Mr.Glidden:  Senator, I'm sorry. It would be good if you can

raise this issue with him. Because he and other senators want us

to send him that report. And I don't know how we can be conferencing after we finish and send up that report? This conferencing was leading up to sending a report over to Congress.

     Charlie:  We're saying that of all the things that you have been charged yourself and found.  You're saying that now your go-ing to disqualify your findings, and then, to file a bankrupt re-port.  We're the bank.  We're the subjects here.

     Glidden:  That's why I'm saying, if you can bring that up to Senator Stevens.  All I'm asking is that you bring that up to Senator Stevens.

     Charlie:  I sure will.  This responsibility as we see it, and the facilitation for the conference.  And the object is self-determination.  The Anglos were already determined without our vote.  On their theft!  Statehood Act!  And the boundary of the P-Y-K line.  In Title 48, Section 21, is Alaska.  And the Alaska Natives, where are they?  In Section 48.  And there in Title 25.  What has happened, is that they have put the resources of Alaska in Title 43, where that they can be exposed to easiest exploita-tion.  Without going through your trust functions!  So the United States and Department of Interior, instead of maintaining status quo.  You have volunteered--mandated Alaska Natives for this rapid exploitation without their consent!  And the Secretary of Interior was silent!  The Justice Department was silent!  All in the name of expeditious development, so British Petroleum can get richer and faster!  In order to plug up that hole you need us.  You need us to do your job.  And we're willing to do our share, with Senator Stevens, or anybody else.  And we can make that commitment to you now.  And so, we got to get the story book and the story correct.  Not in technically colored fashion, that will fall in the jaws of the court.  We don't want to charge you with the Crime of Genocide.  And I don't think the world--as you well know the world is hostile to the United States.  That when they see the rapid exploitation with technology today.  We can now measure the rate of exploitation on the rate of Russians saving the whales.  And so if the Russian ice-breaker can consume all of this exploitation in TV time.  I think we can cover the exploita-tion of the Natives, and split them.  And so, we can do our part, and we want you to look at Public Law 99-239.  And to implement that.  You have not duly served the participants.  So you are ex-posed to legal exposure.  Under Section 701 of the Administrative Procedures Act.  Instead of filing a hostile litigation course.  We wish to talk this out.  We feel that we have some time.  We feel that state of Alaska has already been spoken for.  There is 270 million acres that we are speaking about.  That American ad-ministration have received for self aggrandizement of 102.5 mil-lion acres for itself.  We are not seeking for the return of that.  Now since your full already.  We would like to preserve the rest for ourselves.  So the Non-Contiguous areas of the Pacific includes Alaska and Hawaii.  The two of the closest to the colonial forces--American colonial forces--are the least organized.  And we have now waken up.  We are now seeking our turn, and time, and place for our conference.  So we will make that available to Senator Stevens, and we concur with that.

     Mr. Rudy Kairaiuak:  I would like to add to that under the covenants of the United States to the United Nations Charters, and Article 73 and 76.  When the World Community had the mis-perception, that when the United States bought Alaska.  Under the UN Articles, the United States had a Sacred Trust to treat the inhabitants, of the Territory of Alaska.  To bring the inhabit-ants up to Self-Governance.  And as far as I can see, and know, an inhabitant is a living-breathing-person.  To be sincere, it treats us as the subjects of the UN Articles.  I also view the Compact of Free Association; the Public Law 99-239 is reference to that International commitment--that the Compact was to be a tool to honor said commitments to the United Nations.  And I can underwrite that under P.L. 99-239, it seems to me a little funny how the state of Alaska, and state of Hawaii, can be put in.  We do not deem them as the inhabitants, for they exist only in paper.  This is just one of the discrepancy which is plain-as-day, and night-to-see.  We are very much in favor of getting, as the inhabitants, that were mentioned in the United States' commitment to the International Community.  That we be designated as such.  And Natives have the only right that this issue be resolved in our favor, and get on with our lives.