And now:Ish <[EMAIL PROTECTED]> writes:
>From: [EMAIL PROTECTED]
>Date: Sun, 31 Jan 1999 14:02:57 EST
To: <list deleted>
>Subject: Fwd: FW: WHITE HOUSE ILLINIWAK COMPLAINT
>X-Mailer: AOL 4.0 for Windows 95 sub 230
>
>
>Return-Path: <[EMAIL PROTECTED]>
>From: "Boyle, Francis" <[EMAIL PROTECTED]>
>To: "'[EMAIL PROTECTED]'" <[EMAIL PROTECTED]>
>Cc: "'[EMAIL PROTECTED]'" <[EMAIL PROTECTED]>
>Subject: FW: WHITE HOUSE ILLINIWAK COMPLAINT
>Date: Sun, 31 Jan 1999 12:33:34 -0600
>Return-Receipt-To: "Boyle, Francis" <[EMAIL PROTECTED]>
>X-Mailer: Internet Mail Service (5.5.2448.0)
>
>Lawrence R. Baca,Esq.
>Department of Justice
>Dear Mr. Baca:
> Bruce Twoeagles said I should get in touch with you about Chief Illiniwak
>here at the University of Illinois. Attached for your information is a
>Complaint I filed at the White House under President Clinton's new Executive
>Order on Human Rights. It should be self-explanatory. If you think it would
>be helpful, I would be happy to prepare a similar Complaint personally
>directed to Attorney General Janet Reno, formally asking for intervention by
>the Department of Justice against Chief Illiniwak here at the University of
>Illinois.
> We need whatever help you can give us out here. Our Native American
>Students, Faculty and Staff have suffered horribly, without any pity by the
>University, its Board of Trustees, President Stukel, Chancellor Aiken,
>former Acting Provost and current Law Dean Mengler, etc. Our Native
>Americans are really up against the wall here, for many years. Anything you
>can do from there would be most appreciated. I will be in my office on
>Monday if you would like to speak with me. Thanks.
> Yours very truly,
> Francis A. Boyle
> Professor of Law
> Board of Directors, Amnesty International USA (1988-92)
>
>Francis A. Boyle
>Law Building
>504 E. Pennsylvania Ave.
>Champaign, IL 61820
>217-333-7954(voice)
>217-244-1478(fax)
>[EMAIL PROTECTED]
>
>
>> ----------
>> From: Boyle, Francis
>> Sent: Sunday, January 31, 1999 11:56 AM
>> To: '[EMAIL PROTECTED]'
>> Subject: FW: WHITE HOUSE ILLINIWAK COMPLAINT
>>
>> Dear Bruce: Thanks for the information. Of course, this is very important.
>> I have already filed this formal Complaint against Chief Illiniwak with
>> the Clinton administration. Please forward it immediately to the attorneys
>> you are working with. Tell them that if they wish, I would be happy to
>> file another copy of this Complaint personally addressed to Attorney
>> General Reno if they think it will help obtain intervention by the
>> Department of Justice here. I will be in my office on Monday if they want
>> to speak with me. Or they can communicate by email.
>> Best regards and thanks once again,
>> Francis.
>> Francis A. Boyle
>> Law Building
>> 504 E. Pennsylvania Ave.
>> Champaign, IL 61820
>> 217-333-7954(voice)
>> 217-244-1478(fax)
>> [EMAIL PROTECTED]
>>
>>
>> ----------
>> From: Boyle, Francis[SMTP:[EMAIL PROTECTED]]
>> Reply To: [EMAIL PROTECTED]
>> Sent: Monday, December 14, 1998 3:39 PM
>> To: [EMAIL PROTECTED]
>> Subject: WHITE HOUSE ILLINIWAK COMPLAINT
>>
>> 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
>>
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>> File:Chief Illiniwak, Complaint to Berger.wpd
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>>
>>
>
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
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