And now:Ish <[EMAIL PROTECTED]> writes: >Date: Tue, 15 Dec 1998 16:02:07 -0600 (CST) >From: "Progressive Resource/Action Coop." <[EMAIL PROTECTED]> >Subject: WHITE HOUSE ILLINIWAK COMPLAINT >To: [EMAIL PROTECTED] >Sender: [EMAIL PROTECTED] > > >>From: "Boyle, Francis" <[EMAIL PROTECTED]> >> >> >>December 14, 1998 >> >>Interagency Working Group on Human Rights Treaties c/o Mr. Samuel Berger >>Assistant to the President for National Security Affairs The White House >>Washington, D.C. 20504 FAX:202-456-2461 BY FAX AND MAIL >> >>COMPLAINT AGAINST THE UNIVERSITY OF ILLINOIS FOR VIOLATING THE CONVENTION >>ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (CERD) >> >>Dear Mr. Berger: >> >> I have read President Clinton's Executive Order of December 10, >>1998 on the Implementation of Human Rights Treaties. Pursuant thereto, >>you have been put in charge of organizing the Interagency Working Group on >>Human Rights Treaties. One of the "principal functions of the Interagency >>Working Group shall include: ... (v) developing recommended proposals and >>mechanisms for improving the monitoring of the actions by the various >>States, Commonwealths, and territories of the United States ... including >>the review of State, Commonwealth and territorial laws for their >>conformity with relevant treaties, the provision of relevant information >>for reports and other monitoring purposes, and the promotion of effective >>remedial mechanisms ..." Section 1 of President Clinton's Executive Order >>states: "(a) It shall be the policy and practice of the Government of the >>United States, being committed to the protection and promotion of human >>rights and fundamental freedoms, fully to respect and implement its >>obligations under the international human rights treaties to which it is a >>party, including ... the CERD." >> >> Pursuant to this pathbreaking Executive Order by President >>Clinton, I hereby file the first Complaint before your Interagency Working >>Group against the University of Illinois, an instrumentality of the State >>of Illinois, for violating the CERD because of its abuse, degradation, and >>exploitation of a Native American as the mascot for its sports teams and >>for the quite mercenary and venal purpose of raising over $1 billion from >>its alumni. In support of this Complaint, attached you will find a signed >>Memorandum of Law by me entitled Illiniwak: Racial Discrimination! dated >>25 July 1997, that was sent to the Board of Trustees of the University of >>Illinois. This Memorandum details at great length precisely how the >>University of Illinois' Chief Illiniwak violates the CERD. I hereby >>incorporate this Memorandum as an integral part of this Complaint. I >>hereby repeat, reaffirm, and reallege each and every statement of fact and >>conclusion of law set forth in my Memorandum. >> >> In addition to grossly violating the CERD, the University of >>Illinois' Chief Illiniwak has inflicted grave, immediate, and irreparable >>harm upon the Native American Students, Faculty, and Staff here at the >>University of Illinois: threats, insults, bullying, harassment, >>intimidation, and outright terrorization. For these reasons, I ask you >>and the Interagency Working Group to secure the immediate termination of >>Chief Illiniwak in order to bring the University of Illinois and the State >>of Illinois into compliance with the CERD. >> >> Yours very truly, >> >> Francis A. Boyle >> Professor of Law >>Board of Directors Amnesty >>International USA (1988-1992) >> >>Attachment >> >>ILLINIWAK: RACIAL DISCRIMINATION! >> >>by >> >>Francis A. Boyle >> >>Professor of Law >> >>University of Illinois at Urbana-Champaign >> >>Board of Directors, Amnesty International USA (1988-92) >> >>Holder of 2 Football Season Tickets (Since About 1981) >> >>Holder of 2 Basketball Season Tickets (Since About 1982) >> >> In his letter of 16 July 1997 to Ms. Susan Gravenhorst, Chair of >>the Board of Trustees of the University of Illinois, Professor Mort >>Winston, Chair of the Board of Directors of Amnesty International USA >>(AIUSA) and a prominent University of Illinois Alumnus, called "Chief" >>Illiniwak a "human rights violation," condemned it in no uncertain terms, >>and demanded the elimination of this racist mascot. Before he joined the >>AIUSA Board, Professor Winston was the leading AIUSA expert on, and >>activist against, racism and apartheid in South Africa prior to the >>Mandela revolution. Professor Winston knows a human rights violation when >>he sees one. >> >> The same is true for me. In addition to serving four years as a >>Member of the Board of Directors of Amnesty International USA, I was the >>person who single-handedly convinced the ultra-conservative Faculty of the >>University of Illinois College of Law to introduce a course on >>International Human Rights Law into the Law School Curriculum as Law 370, >>and have taught this course for many years to about 30 students per year. >>Illiniwak is indeed a human rights violation. >> >> The United States government is a contracting party to the 1965 >>International Convention on the Elimination of All Forms of Racial >>Discrimination. Hence, this Racial Discrimination Convention is a >>"treaty' and thus the "supreme Law of the Land" under the so-called >>Supremacy Clause of Article VI of the United States Constitution: >> >>Article VI >> >> .... >> >> >> >> This Constitution, and the Laws of the United States which shall >>be made in Pursuance thereof; and all Treaties made, or which shall be >>made, under the Authority of the United States, shall be the supreme Law >>of the Land; and the Judges in every State shall be bound thereby, any >>Thing in the Constitution or Laws of any State to the Contrary >>notwithstanding. >> >> >> >>In other words, the Racial Discrimination Convention absolutely binds the >>entirety of the State of Illinois, including therein the University of >>Illinois. >> >> Article 1(1) of the Racial Discrimination Convention defines the >>term "racial discrimination" as follows: "In this Convention the term >>'racial discrimination' shall mean any distinction, exclusion, restriction >>or preference based on race, colour, descent or national or ethnic origin >>which has the purpose or effect of nullifying or impairing the >>recognition, enjoyment or exercise, on an equal footing, of human rights >>and fundamental freedoms in the political, economic, social, cultural or >>any other field of public life." (Emphasis added.) Obviously, Illiniwak >>is a "distinction" on the multiple bases of "race," and "colour," and >>"descent." Illiniwak definitely has the "effect of nullifying or >>impairing the recognition, enjoyment or exercise, on an equal footing, of >>human rights and fundamental freedoms in the political, economic, social, >>cultural or any other field of public life" for Native American Students, >>Faculty, Staff and Community Members here at the University of Illinois in >>Urbana-Champaign. In accordance with the terms of this Racial >>Discrimination Convention to which the United States is a party, Illiniwak >>constitutes "racial discrimination" by the University of Illinois against >>Native Americans. >> >> Article 2, paragraph 1 of the Racial Discrimination Convention >>provides as follows: >>Article 2 >> >> >> >> 1. States Parties condemn racial discrimination and undertake to >>pursue by all appropriate means and without delay a policy of eliminating >>racial discrimination in all its forms, and promoting understanding among >>all races, and to this end: >> >> >> >> (a) Each State Party undertakes to engage in no act or practice >>of racial discrimination against persons, groups of persons or >>institutions and to ensure that all public authorities and public >>institutions, national and local, shall act in conformity with this >>obligation; >> >> (b) Each State Party undertakes not to sponsor, defend or support >>racial discrimination by any persons or organizations; >> >> (c) Each State Party shall take effective measures to review >>governmental, national and local policies, and to amend, rescind or >>nullify any laws and regulations which have the effect of creating or >>perpetuating racial discrimination wherever it exists; >> >> (d) Each State Party shall prohibit and bring to an end, by all >>appropriate means, including legislation as required by circumstances, >>racial discrimination by any persons, group or organization; >> >> (e) Each State Party undertakes to encourage, where appropriate, >>integrationist multi-racial organizations and movements and other means of >>eliminating barriers between races, and to discourage anything which tends >>to strengthen racial division. [Emphasis added.] >> >> >> >> >> >>Clearly, Illiniwak places the United States of America in breach of these >>most solemn obligations under Article 2 of the Racial Discrimination >>Convention. Illiniwak contravenes Racial Discrimination Convention >>Article 2. The conclusion is inexorable that to be in accordance with the >>terms of the Racial Discrimination Convention, the University of Illinois >>must eliminate Illiniwak. >> >> Article 4 of the Racial Discrimination Convention clearly requires >>the Government of the United States of America to eliminate Illiniwak in >>no uncertain terms: >> >>Article 4 >> >> >> >> States Parties condemn all propaganda and all organizations which >>are based on ideas or theories of superiority of one race or group of >>persons of one colour or ethnic origin, or which attempt to justify or >>promote racial hatred and discrimination in any form, and undertake to >>adopt immediate and positive measures designed to eradicate all incitement >>to, or acts of, such discrimination, and to this end, with due regard to >>the principles embodied in the Universal Declaration of Human Rights and >>the rights expressly set forth in article 5 of this Convention, inter alia: >> >> (a) Shall declare an offence punishable by law all dissemination >>of ideas based on racial superiority or hatred, incitement to racial >>discrimination, as well as all acts of violence or incitement to such acts >>against any race or group of persons of another colour or ethnic origin, >>and also the provision of any assistance to racist activities, including >>the financing thereof; >> >> (b) Shall declare illegal and prohibit organizations, and also >>organized and all other propaganda activities, which promote and incite >>racial discrimination, and shall recognize participation in such >>organizations or activities as an offence punishable by law; >> >> (c) Shall not permit public authorities or public institutions, >>national or local, to promote or incite racial discrimination. [Emphasis >>added.] >> >> >> >> Notice in particular the requirement of Article 4(c) of the Racial >>Discrimination Convention: "Shall not permit public authorities or public >>institutions, national or local, to promote or incite racial >>discrimination." To the contrary, the University of Illinois deliberately >>promotes and incites racial discrimination against Native Americans by >>means of Illiniwak for the quite mercenary purpose of making money! >> >> Article 5 of the Racial Discrimination Convention expressly >>requires the United States government "to prohibit and to eliminate racial >>discrimination in all its forms and to guarantee the right of everyone, >>without distinction as to race, colour, or national or ethnic origin, to >>equality before the law, notably in the enjoyment of the following >>rights..." (Emphasis added.) The conclusion is inexorable that Illiniwak >>contravenes Article 5 of the Racial Discrimination Convention. >> >> Furthermore, Illiniwak also contravenes Article 6 of the Racial >>Discrimination Convention: >>Article 6 >> >> >> >> States Parties shall assure to everyone within their jurisdiction >>effective protection and remedies through the competent national tribunals >>and other State institutions against any acts of racial discrimination >>which violate his human rights and fundamental freedoms contrary to this >>Convention, as well as the right to seek from such tribunals just and >>adequate reparation or satisfaction for any damage suffered as a result of >>such discrimination. >> >> >> >> Finally, Illiniwak contravenes Article 7 of the Racial >>Discrimination Convention: >>Article 7 >> >> >> >> States Parties undertake to adopt immediate and effective >>measures, particularly in the fields of teaching, education, culture and >>information, with a view to combating prejudices which lead to racial >>discrimination and to promoting understanding, tolerance and friendship >>among nations and racial or ethnical groups, as well as to propagating the >>purposes and principles of the Charter of the United Nations, the >>Universal Declaration of Human Rights, the United Nations Declaration on >>the Elimination of All Forms of Racial Discrimination, and this Convention. >> >> >> >>The conclusion is inexorable that to be in accordance with the terms of >>the International Convention on the Elimination of All Forms of Racial >>Discrimination the University of Illinois--a Public Institution--must >>eliminate Illiniwak. >> >> As can be seen from the above analysis, the International >>Convention on the Elimination of All Forms of Racial Discrimination >>expressly incorporates by reference the 1948 Universal Declaration of >>Human Rights (UDHR). No point would be served here by detailing all the >>provisions of the UDHR that are currently being violated by Illiniwak. >>But in particular, I wish to draw to your attention UDHR Articles 1 and 2: >> >>Article 1 >> >> >> >> All human beings are born free and equal in dignity and rights. >>They are endowed with reason and conscience and should act towards one >>another in a spirit of brotherhood. >> >> >> >>Article 2 >> >> >> >> Everyone is entitled to all the rights and freedoms set forth in >>this Declaration, without distinction of any kind, such as race, colour, >>sex, language, religion, political or other opinion, national or social >>origin, property, birth or other status. (Emphasis added.) >> >> >> >> The United States government has been in the vanguard of the >>worldwide movement to establish that these fundamental provisions of the >>Universal Declaration of Human Rights, inter alia, constitute customary >>international law. Customary international law is part of the common law >>of the United States of America and the common law of all the States of >>the Union. Customary international law applies to and binds the State of >>Illinois and the University of Illinois. >> >> Clearly, by means of Illiniwak the University of Illinois refuses >>to act towards Native Americans "in a spirit of brotherhood" in violation >>of UDHR Article 1. Similarly, Illiniwak constitutes a "distinction" on >>the prohibited grounds of race, colour and religion, inter alia, in gross >>violation of UDHR Article 2. In other words, Illiniwak violates these >>most fundamental protections of the Universal Declaration of Human Rights, >>inter alia, and thus violates customary international law and therefore >>the common law of both the United States and the State of Illinois. >> >> I wish to end this Memorandum by joining those eloquent and >>powerful words addressed to Trustee Susan Gravenhorst by Professor Mort >>Winston, Chair of the Board of Directors of Amnesty International, my >>fellow AIUSA Board Colleague and Comrade-in-Arms in the long but >>successful struggle against racism and apartheid in South Africa: >> >> >> >>In your present position as Chair of the Board of Trustees, you can steer >>university policy on this issue towards the greater good. I urge you to >>do so. UIUC's sport's fans and the marching band can find another >>mascot. Have a contest. Pick an animal or some culturally neutral >>symbol. Show some moral leadership so that perhaps the professional >>sports teams that also dishonor American Indians by debasing their >>cultural symbols will one day follow suit. But above all stop pretending >>that keeping "Chief Illiniwek" alive is somehow "honoring" the Native >>Americans who once roamed the plains where the University of Illinois now >>stands. In short, "Do the Right Thing -- Get Rid of the Chief!" >> >> >> >>F.A.B. >> >>25 July 1997 >> >><File:Chief TARGET="_blank">File:Chief Illiniwak, Complaint to Berger.wpd >> >> > >---------------------------------------------------------------------------- >Visit the anti-"Chief" webpage at http://www.prairienet.org/prc >---------------------------------------------------------------------------- > &&&&&&&&&&&&&&&&&&&&&&&&&& In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment ...http://www.law.cornell.edu/uscode/17/107.shtml &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ `"` `"` `"` `"` `"` `"`
