Standing Rock and Knowledge in the Information Age

A few years ago I walked into my local bakery and engaged the baker in our usual discussion, talking about her daily offering of baked goods and their ingredients. Often this dialogue would range over other topics, like the news of the day. Since I knew she was Native American, I referred to the Obama Administration’s recent settlements of decades old law suits—one for 1 billion dollars involving 41 tribes (4/11/2012) and the other for 3.4 billion dollars addressing US trust violations that affected over half a million Native Americans (11/27/2012). My intent in introducing this subject was to gain more perspective, specifically from a Native American. She did not disappoint. Quickly she pointed out that these monetary settlements cannot undue the moral, cultural, and personal harms inveighed against Indian tribes. Her father, as it happens, was a chief who had actually met then Senator Obama. She was a teenager at the time. She volunteered that the President was a “good person” who meant well, but likely did not understand the core problem, along with the rest of America.

Various legislation actions (such as the Indian Reorganization Act, the Indian Self-Determination Act, and the Indian Child Welfare Act) affirm the status of Indian nations as “domestic dependent nations” under Federal trusteeship. And the financial settlements just referenced only reinforce the status of tribal populations as dependents and devalue them further by equating the indignities they have suffered with monetary remuneration. What Americans fail to understand—including Congress and our Presidents—is that the tribes are not seeking the same citizenship rights of freed African slaves, but the freedom of self-determination as independent nations.

The courts have often ruled in favor of Indian treaty rights. But previous Administrations had refused for decades to settle their civil lawsuits. And Congress had ignored their many grievances for an even longer period, apparently assuming that they should be satisfied with legislation from the 1940’s that acknowledged their right to hold their cultural property and to determine guardianship of their children. But actual reconciliation with these Native Americans requires much more. They demand that their land and its natural resources be restored to them, as well as their right to self-government within its boundaries. There is no better example of their persistence in this demand than the Lakota’s refusal to accept the Supreme Court decision in 1980 to award the Sioux tribes 122 million dollars in exchange for their lands. That award has been held in a trust fund and is now worth about 1 billion dollars. The tribal chiefs continue to refuse any financial settlement in lieu of restoration of their lands. They fought a war, spilled their blood, and signed a treaty with the United States of America to protect their birthright to these lands. Monetary compensation is not any kind of appeasement to them. It is just a further humiliation.

My local baker knew her facts. Of course, they are readily available on the internet. But she could also embellish her knowledge with personal experience, having a tribal chief as a father and having met Barack Obama as a young girl. Like a giddy reporter about to uncover “breaking news,” I asked her how these two men got along. She laughed, “They got along fine, like they understood each other.” Then she added, “Maybe it’s because neither were born American.” Her response jolted me. It was totally unexpected. Naturally, I questioned her meaning. She explained that Obama was a Muslim and was born in Kenya. I tried to correct her understanding. But she insisted that she had found many sources on the internet that corroborated the fact of his birth and his religion. Besides, she explained, various TV news personalities were constantly reporting on the failure of the President to prove otherwise.

What is my purpose in sharing this story with you, my patient readers? Well, it illustrates how much we can learn from each other AND how polluted can be our information sources in the age of fake or insubstantial news. There is no question that my baker friend was sharing what she knew. The question remains, however, how she came to know what she knew. And that question goes to the heart of what we mean by “knowledge.”

In general, we know something as a result of our experience or of critical inquiry. When Descartes said, cognito, ergo sum (“I think, therefore I am”), he justified knowledge of his very existence upon his experience of thinking. Of course, our experience is more inclusive than our thinking: I know the keyboard I am using to write this blog, because I feel it under my fingertips. I also know the speed with which the moon circles the earth because it is mathematically calculable—or so I have been told. We trust our senses every day of our lives. But we never know enough to trust the logic or mathematical precision behind everything we are told. Living in the information age means that we are exposed to many “facts,” “theories,” and “evidence” that we can never really know in the sense of personally experiencing or critically justifying. Instead, we must trust our sources of information . . . or not. This trust is a matter of belief. My baker friend, for example, had firsthand experience of being born on an Indian Reservation and of living in a place to which she was organically connected and from which she was being systematically disowned. But what she knew about the President’s birthplace was based upon her trust or belief in the validity of information available on the internet, inadvertently affirmed by TV personalities, and even touted by such supposedly “creditable sources” as elected politicians.

At this moment, protestors are digging in for the winter at Standing Rock, North Dakota, to stop the last connecting link of a 1,172 mile long pipeline that will deliver half a million gallons of oil per day to Illinois. The point of contention is where this pipeline will cross the Missouri River. At risk is the water supply not only for the Indian Reservation but for many Americans living downstream of that river. Originally, the land transgressed by this pipeline was apportioned to the native Sioux tribes in the Treaty of 1851. But in 1867, another treaty was signed to cede “navigable rights” to the Federal government, to include “roads, railroads, telegraph lines, mail stations, and other public improvements” (italics are mine). The latter could not have foreseen oil pipelines that can provide a unique environmental hazard and, in this case, a health risks to individuals. Since these lands our held in trust by the Federal government, the Obama administration sought to delay construction of the pipeline until these hazards and risks could be reviewed and alternative options identified.** But in September the courts intervened and ruled in favor of the pipeline construction plans. President Obama, who many tribal leaders claim has done more for Indian rights than all previous Presidents combined, has asked for calm, demanding that peaceful protestors not be forcibly removed. Unfortunately, his requests have not been met. Both hired security forces and local constabulary have prodded protestors with attack dogs, rubber bullets, batons, and high powered water hoses. Many arrests have been made. And women—both Native Americans and other Americans—have even undergone strip searches while held in custody.

My question is simple: what do Americans actually know about the crux of this problem: this standoff between a pipeline corporation and Indian tribes; this confrontation between the Federal Administration and the Judicial Branch of government; and this obvious conflict between Treaty jurisdiction and morality. The only time the press has covered this standoff at Standing Rock is when pictures of demonstrators being beaten, bitten, hosed down, or shot are made available. And, of course, the press was quick to interview a movie star who was arrested in the melee. What the press failed to report was a joint statement issued immediately after the court decision by the Federal departments of Justice, Army and the Interior. That statement reads as follows:

This case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.

The second point is most relevant. If you believe, as I do, that Federal trusteeship of Indian “dependent nations” is a treaty obligation that implies an ongoing review and determination of any necessary adjustments, then you must also recognize that obligation implies an underlying moral imperative. In other words, we Americans must demand a legislative response to any nationwide reform proposed by these government-to-government consultations.

Our legislators do respond to public pressure. And the public can be aroused at times to take action—to vote or contact a legislator for instance. We just witnessed 62 or so million Americans elect a new President they hoped would change the way Washington worked. The problem with public action in a democracy is whether it is motivated by passionate and informed positions, or merely by passion. An angry mob can overthrow a government. But an informed citizenry can demand legislative and administrative policies that serve their general welfare and effect real democratic change that suits the time. The key to this proposition is the quality of information provided to Americans. How can we know what to do or support if we only have questionable sources of information? How can we attain some level of certainty in what we think we know?

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**This blog was written last night. Minutes ago, a news bulletin reports that the Army Corps of Engineers has denied the easement the pipeline company, Energy Transfer Partners, required to cross the Missouri River. The Corps has honored the President’s request to find an alternative route for this pipeline. This will be the second rerouting. The first was incurred at the request of citizens living in Bismarck. That request was honored without challenge. This rerouting around an Indian Reservation will likely be challenged. It may represent the last shot across the bow by our sitting President. He is about to be replaced in a little over a month by a man who reportedly owns stock in this pipeline company> (Whether he does or not own stock in Energy Transfer Partners has not been substantiated. Energy Transfer Partners is actually a consortium also comprised of Sunoco and Phillips.) The President Elect has already stated he favors building this pipeline. There may yet be more chapters in the telling of this story.**
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“Knowledge” is a very broad concept that includes what we have learned, the learning process, and the creditability of what we have learned or believe we know. Given the enormity of the knowledge landscape, how can we have certainty about what we know? My baker’s experience has a personal psychological verification of its truth. And I learned something from her experience because I believed in its authenticity. That President Obama was born somewhere, on the other hand, is certain for it logically follows the self-evident truth that no human exists who was not born. Whether the President was born in Kenya or Hawaii, however, can only be derived from creditable evidence. Even trusted sources can allege “facts” without verifiable evidence. But even when verifiable evidence is provided—such as short and long form birth certificates, relevant newspaper clippings, or the testimony of public officials—some may choose not to belief the evidence or at least question the certainty of that evidence. In addition, much of what we think we know may in time be proven wrong, even though our knowledge is based upon personal experience, belief, or trusted sources. Certainty can seem allusive.

An artificial intelligence can use mathematical logic to answer specific question with certainty. It mirrors human intelligence in this way. It also can deliver highly probable, though not certain, results by canvasing a very large volume of data. In this manner, it not only mirrors, but actually exceeds human intelligence. You see, our database is much smaller and takes a lifetime to develop. As we age, we continuously store our experiences in memory, expand the extent of our knowledge, and mature our understanding of its content. When I was 21 years old, I was really sure of almost everything. Gradually, as I grew in experience, I realized how little I actually knew with any degree of certainty. We all benefit from sharing our differing perspectives. Other than logic and mathematics, no degree of certainty is achieved without a lifelong accumulation of our stored perceptions, of the creditable testimony of others, and of the induced results achieved by the power of our reasoning. Whatever certainty we may attain, then, is dependent upon a learning process that never ends.

We in America are at a turning point in our acquisition of knowledge. The process of learning, as I just described, requires more of us in this age of information. Each of us need to be dedicated to self-reflection, to disciplined evaluation of information sources, and to critical thinking that weighs all aspects of differing opinions. Obviously, we need to be served by honest and in-depth reporting and by elected officials dedicated to justice and freedom for all within our borders. What is happening at Standing Rock is just one example of how far we have strayed from these needs and, as a result, from the promise of our democracy. America is not easy. No nation has ever successfully broken down the barriers of tribal, ethnic, and religious inflexibility. But only by tearing down those barriers will our common humanity emerge. The promise of America cannot be realized unless we constantly strive to learn from each other, insist on fair and honest reporting, and demand responsive government that reflects both our needs and our moral integrity. Otherwise, problems like Standing Rock will continue to undermine our values and the effectiveness of our institutions. Consider where our nation would be today if we had chosen to learn from the Indian nations how to respect the land and become coequal custodians of the American continent. Problems like Standing Rock, or Devil’s Lake, or Black Hills would never have surfaced.

The way in which we communicate and receive information should reflect our desperate need to learn from each other and grow in understanding. Information used to gain influence, power, or financial benefit is propaganda. It serves no useful purpose in helping Americans understand issues like Standing Rock or further the ideals of a democratic and pluralist society. Only when our communication bridges the gap between perspectives, will it bring racial, ethnic, religious, and culturally diverse groups together.

And that coming together is still the unrealized promise of America.

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