By Erica Laster Impunity Watch Reporter, North America
CALIFORNIA, United States – A federal case filed against the Tejon Ranch Corporation and the County of Kerm by the Kawaiisu Tribe of Southern California has been allowed to go forward. United States District Court Judge Oliver W. Wanger issued a ruling, allowing the Kawaiisu Tribe to file an amendment complain within 15 days, by February 19, 2011.
Judge Wanger stated that “Plaintiffs shall be afforded the opportunity to assert a land-based claim for enforcement of aboriginal title in any amended complaint.”
Judge Wanger’s ruling grants the Tribe’s ability to pursue the claim against Tejon and County of Kern in California.
The Kawaiisu Tribe’s Constitution states that the Kawaiisu’s territory extends to “burial sites, geoglyphs, pictographs and petroglyphs” within the boundaries of a December 30, 1949 Treaty forged between the Utahs and the Kawaiisu and a California June 10, 1851 Treaty D which was signed at Camp Persifer Smith.
The Kawaiisu Tribe are attempting to protect the ancestral lands and burial sites of their ancestors from intrusion by the Defendants.
Tejon Ranch Corporation and the County of Kern have plans in place for the construction of a 26 thousand acre resort to be named “Tejon Mountain Village.” The project includes 750 lodging units, a 160,000 foot shopping center, 3,400 homes and golf courses for visitors.
The people of the Kawaiisu Tribe specifically object to language in an Environmental Report that the Corporation submitted to Kern County. The language states that Tejon Mountain Corporation will be “the property owner (who is also the owner of the remains), and of any associated archaeological materials.”
The Tribe argues that the Administrative Procedure Act, federal legislation, protects Native American lands, burial remains and sacred objects from encroachment.
David Laughing Horse Robinson, Chairman of he Kawaiisu Tribe of Tejon, argues that “the unborn and our ancestors are made into slaves and property by that statement.” He believes that these actions on the part of Kern County are indicative of the unequal treatment of Native Americans by those of European descent. Further, he contends that this is a serious infringement on the human rights of his people.
For further information please visit:
Indybay – Kawaiisu Tribe To Continue In Federal Court – 9 February 2011
Angelfire – Kawaiisu Tribe Homepage (Constitution)
The Mountain Enterprise – Second Lawsuit Seeks Injunction – 13 November 2009
Indigenous People’s issues and Resources – Kawaiisu Tribe of Tejon Lawsuit Amended Complaint Filed – 28 August 2010
