UN human rights experts today expressed concerns about charges brought against a U.S. indigenous leader and human rights
defender who will appear in court later this week in connection with peaceful demonstrations against President Donald
Trump’s political rally at the iconic Mount Rushmore earlier this year.
“Obviously we cannot pre-judge the outcome of the case against Nicholas Tilsen, but we are seriously concerned about his
arrest and the charges brought against him in connection with the exercise of his rights as an indigenous person,
particularly the right to assembly,” the experts said. “We call on the U.S. to ensure that Mr. Tilsen’s due process
rights are respected during the criminal prosecution and recall the obligation to ensure equal protection of the law
without discrimination.”
Tilsen, a human rights defender of the Oglala-Lakóta Sioux Nation and president of the indigenous-led NDN Collective,
was one of 15 peaceful protesters arrested when a political rally was organised – without the consent of the indigenous
peoples concerned – to celebrate U.S. Independence Day in July. Mount Rushmore National Memorial, with its colossal
sculptures of former presidents, is located on treaty lands of the Great Sioux Nation.
Tilsen is due in court on 18 December on four felony charges and three misdemeanour charges after he and others blocked
a road leading to the rally site. If convicted of all charges, he could face 17 years in prison.
“We are also concerned at allegations of excessive use of force by law enforcement agents against indigenous defenders,
and recent reports of surveillance and intimidation by local police officers following the arrests,” the experts said.
Trump’s rally, held without the consent of the Great Sioux Nation, attracted some 7,500 people who did not wear masks or
practice social distancing. South Dakota is one of the states worst hit by the COVID-19 pandemic.
“It is absolutely essential that the authorities do more to support and protect indigenous communities that have been
disproportionately affected by the COVID-19 pandemic,” the experts said. “We also call on authorities to initiate
dialogue with the Great Sioux Nation for the resolution of treaty violations.”