Native American sacred places represent more than just geographical locations; they are the spiritual epicenters for Indigenous Peoples who practice their traditional religions. These are the spaces where prayers ascend, seeking blessings for the "good day," reverence for the "precious earth," gratitude for the "blessing waters," appreciation for the "sweet air," and the aspiration for a "peaceful life" that encompasses all living beings across the globe. These sites are integral to the cultural survival and spiritual well-being of Native communities.
From the 1880s to the 1930s, a dark chapter unfolded in the history of Native American religious freedom. Under the guise of federal "Civilization Regulations," Native American religions were systematically outlawed. This meant that traditional Native Peoples were prohibited from accessing and praying at their sacred places. The impact was devastating, forcing many traditional religions underground, with some pushed to the brink of extinction. The memory of this suppression underscores the ongoing need for vigilance in protecting these vital sites.
Tragically, countless Native American sacred places have already been destroyed, lost forever to the relentless march of progress and the disregard for Indigenous spiritual traditions. The scale of this destruction is a stark reminder of the vulnerability of these sites and the urgent need for proactive protection.
Even today, a disheartening number of sacred places continue to face desecration or are threatened by a multitude of factors. These threats include:
- Development: Encroaching construction projects, resource extraction, and urbanization can physically obliterate sacred sites, disrupting the spiritual connection between Native communities and the land.
- Pollution: Industrial and agricultural pollutants contaminate the land, water, and air surrounding sacred places, rendering them unusable for traditional ceremonies and threatening the health of the environment.
- Poisons: The deliberate or accidental introduction of toxins into the ecosystem surrounding sacred sites can have devastating consequences for the flora, fauna, and people who depend on them.
- Recreation: Unmanaged recreational activities, such as off-road vehicle use and excessive hiking, can damage fragile ecosystems and disturb the peace and solitude necessary for spiritual practices.
- Looting: The theft of artifacts and sacred objects from these sites deprives Native communities of their cultural heritage and disrupts the spiritual integrity of the places themselves.
- Vandalism: Acts of vandalism, whether motivated by malice or ignorance, inflict damage on sacred places and demonstrate a profound disrespect for Native American religious beliefs.
- Federal or Federally Authorized Undertakings: Government projects, such as dam construction, pipeline development, and mining operations, often disregard the impact on Native American sacred places, leading to their destruction or degradation.
The Protection of Native American Sacred Places is paramount.
In 1978, the United States Congress enacted the American Indian Religious Freedom Act (AIRFA). This landmark legislation was intended to fundamentally shift the policy of the United States from one of suppressing and disrespecting traditional Native religions to one of actively protecting and respecting them. The Act explicitly states:
"That henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites."
Despite the promise of AIRFA, the reality on the ground often falls short. While numerous laws exist that could potentially be used to protect Native American sacred places, these laws are frequently ignored or circumvented.
Among the existing legal authorities that can be utilized for Protection of Native American Sacred Places are:
- American Indian Religious Freedom Act (AIRFA): As mentioned above, AIRFA establishes the general policy of protecting Native American religious freedom.
- Native American Graves Protection and Repatriation Act (NAGPRA): NAGPRA provides for the protection of Native American human remains and cultural items, including those found on federal and tribal lands.
- Executive Order on Indian Sacred Sites: This executive order directs federal agencies to accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and to avoid adversely affecting the physical integrity of such sacred sites.
- National Historic Preservation Act (NHPA): NHPA requires federal agencies to consider the effects of their undertakings on historic properties, including those of religious and cultural significance to Native Americans.
- Archaeological Resources Protection Act (ARPA): ARPA protects archaeological resources on federal and tribal lands, including those associated with Native American sacred places.
- National Environmental Policy Act (NEPA): NEPA requires federal agencies to assess the environmental impacts of their proposed actions, including potential impacts on Native American cultural and religious resources.
- Other Environmental and Cultural Laws: A variety of other federal and state laws relating to environmental protection, land management, and cultural preservation can also be used to protect Native American sacred places.
A significant challenge in the effort towards Protection of Native American Sacred Places is the lack of specific legal protections for certain categories of sacred places. Furthermore, there is a critical absence of laws that provide a direct cause of action, allowing Native communities to sue for damages or injunctive relief when their sacred places are desecrated or destroyed. This legal gap leaves many sacred places vulnerable to harm.
Another obstacle lies in the pressure placed on Native Americans to define the sacred when discussing their religious freedom and the protection of sacred places. Unlike other religious groups, Native Americans are often compelled to reveal the details of their beliefs and practices in order to justify the protection of their sacred sites. This requirement is both intrusive and discriminatory.
Furthermore, many Native traditional religious matters are inherently private and cannot be discussed or revealed to outsiders. Some matters must remain confidential because disclosure would violate the very tenets of the religions themselves. Other matters must remain private due to the lingering fear that such disclosures could lead to a resurgence of the federal Indian "civilization" era, with its policies of forced assimilation and religious suppression.
Experience has shown Native Americans that disclosing the location, nature, or use of sacred places often leads to assaults on them. Many of these places are fragile and have been damaged or destroyed by excessive visitation, vehicular traffic, or other activities. This vulnerability underscores the need for discretion and respect in the management of sacred sites.
The following description of Native American sacred lands is excerpted from the President’s Report to Congress on American Indian Religious Freedom, August 1979, pursuant to the American Indian Religious Freedom Act, P.L. 95-341:
"Those who are unprepared or whose behavior or condition may alter the ceremony are often not permitted to attend. The proper spiritual atmosphere must be observed. Structures may need to be built for the ceremony or its preparation."
"The Native peoples of this country believe that certain areas of land are holy. These lands may be sacred, for example, because of religious events which occurred there, because they contain specific natural products, because they are the dwelling place or embodiment of spiritual beings, because they surround or contain burial grounds or because they are sites conducive to communicating with spiritual beings."
"There are specific religious beliefs regarding each sacred site, which form the basis for religious laws governing the site. These laws may prescribe, for example, when and for what purposes the site may or must be visited, what ceremonies or rituals may or must take place at the site, what manner of conduct must or must not be observed at the site, who may or may not go to the site and the consequences to the individual, group, clan or tribe if the laws are not observed."
"The ceremonies may also require preparatory rituals, purification rites or stages of preparation. Both active participants and observers may need to be readied. Natural substances may need to be gathered."
"The ceremony itself may be brief or it may last for days. The number of participants may range from one individual to a large group."
These words offer a glimpse into the profound significance of sacred places for Native American communities and the importance of respecting their religious practices. The continued Protection of Native American Sacred Places remains a critical issue requiring ongoing attention, advocacy, and legal reform.
SOURCE:
Prepared for the Coalition to Protect Native American Sacred Places
by Suzan Shown Harjo of The Morning Star Institute
611 Pennsylvania Ave., SE #377
Washington, DC 20003
Ph.(202) 547-5531
Ms. Harjo is a columnist for Indian Country Today.