OF THE GOVERNMENT OF THE UNITED STATES
OCTOBER 10, 2002 REPORT NO. 53/02
NO. 11.140 (MARY AND CARRIE DANN)
We must again inform the Commission that we respectfully disagree
with the conclusions contained in the Commissionís Report; namely,
that the United States has failed to ensure the Dann sistersí right to
property under conditions of equality contrary to Articles II, XVIII and
XXIII of the American Declaration, with respect to their claims to
property rights in Western Shoshone ancestral lands. For the reasons set
forth in detail in the United Statesí response to the Commissionís
draft report dated December 17, 2001, the United States rejects the
Commissionís findings in their entirety because: (i) the Dannsí
contentions regarding alleged lack of due process in the Indian Claims
Commission proceedings were fully and fairly litigated in United States
Courts and should not be reconsidered here; (ii) the Commission lacks
jurisdiction to evaluate processes established under the 1946 Indian
Claims Commission Act since the Act predates U.S. ratification of the
OAS charter, and (iii) the Commission erred in interpreting the
principles of the American Declaration in light of Article XVIII of the
OAS draft declaration on indigenous rights.
The United States will not reiterate those arguments here.
The Dannsí claim is, fundamentally, not a human rights claim,
but an attempt by two individual Indians to reopen the question of
collective Western Shoshone tribal property rights to land Ė a
question that has been litigated to finality in the U.S. courts. The
Commission is erroneously attempting to second-guess those historical
proceedings, based on a flawed interpretation of contemporary norms of
international law and reliance on the American Declaration, a document
that is not legally binding on the United States.
The Commissionís findings notwithstanding, the Danns have been
allowed full and informed participation in the determination of their
claims to property rights in the Western Shoshone lands, and have been
afforded due process and resort to the courts for protection of their
claimed rights in a fair, equal and meaningful way. As made clear by the
submissions of both parties, the Dann sisters litigated their claims to
the public lands at issue for many years in the U.S. federal courts,
including the U.S. Supreme Court, which found that their claims had been
extinguished and that compensation for the taking of the Western
Shoshone lands by the United States had been paid. Finally, on June 6,
1991, before the U.S. District Court for the District of Nevada, Mary
and Carrie Dann withdrew all remaining claims to title based on
individual aboriginal rights. The Dann sisters were represented before
the court in this proceeding by competent counsel of their own choosing.
Accordingly, the Dann sisters have clearly had full access to the U.S.
courts and a full and fair hearing of their claims.
Although the courts ultimately found the Dannsí legal arguments
to be incorrect after lengthy proceedings and careful consideration,
that cannot be considered a lack of respect for their legal rights.
In sum, at all times during the events that gave rise to the
petition herein, the Unites States has acted in full compliance with its
domestic and international legal obligations. For these reasons, the
United States respectfully declines to take any further actions to
comply with the Commissionís recommendations.