Senate Indigenous (Native American) Peoples - General Discussion

InterestingLurker · Apr 28, 2022

'We Don't Trust Enbridge': Indigenous Women Push Biden to Block Line 5 Expansion (commondreams.org)

From the article said:

Indigenous women leaders and more than 200 advocacy organizations sent a letter Wednesday demanding that the U.S. Army Corps of Engineers block federal permits for an expansion of Enbridge's Line 5, a 645-mile-long pipeline that currently transports millions of gallons of crude oil and natural gas liquids per day from Wisconsin to Ontario, Canada.

The proposed expansion, Indigenous leaders and environmentalists warn, would route the pipeline through hundreds of waterways and further threaten tribal lands in Wisconsin and Michigan. Over the past 50 years, Line 5 has spilled at least 1.1 million gallons of oil in 29 separate incidents.

"Both the current Line 5 and the proposed Line 5 expansion threaten to irreversibly damage our drinking water, our ecosystems, and manoomin," the new letter reads. "Both the existing and proposed pipelines violate our tribal usufructuary rights. They endanger the Great Lakes' waters and fisheries important to many people. They exacerbate the climate crisis that affects the whole planet."

Enbridge's pipeline has been a source of heated disputes in the state of Michigan in recent months as Democratic Gov. Gretchen Whitmer attempts to shut Line 5 down, citing the "very real threat of a catastrophic oil spill in the Great Lakes." Whitmer's efforts have sparked pushback from Enbridge—headquartered in Calgary—and the Canadian government, as well as Republican lawmakers.

A state-level court battle over the pipeline is ongoing.
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Something to keep watch over.

There are a lot of stuff like this happening around the country, especially in my own home state (although that one in particular seems to be in the early stages).

InterestingLurker · Apr 29, 2022

Indigenous Peoples Lead the Way - Progressive.org

The article said:

Indigenous peoples have a historic responsibility to protect the natural environment, to generate awareness of traditional ecological knowledge, and to promote models for sustainable development that reflect our values. Yet our communities are threatened on a local and global level, as fossil fuels are endangering the health of the planet.

The Earth is soon to be 1.5 degrees Celsius warmer than preindustrial levels, the point at which catastrophic impacts will be unavoidable. The most recent report from the United Nations Intergovernmental Panel on Climate Change, released February 28, sounds a dire warning about the consequences of global warming, including droughts, floods, severe storms, and fires, that are escalating at alarming rates, and hitting the most vulnerable.

Our Indigenous climate movement, with Black folks, people of color, and frontline communities, is engaged in exposing climate investment schemes that profit from this global crisis. All claim to address the climate crisis while avoiding the underlying drivers that got us into this mess. Economies of greed. Endless growth. Erosion of biodiversity. The exploitation of life.

We have seen a dangerous slide toward lawless capitalism, where free market ideology (neoliberalism) is privatizing every aspect of our lives with virtually no public oversight or accountability.

Mechanisms of carbon pricing are being rebranded as “nature-based solutions,” or natural climate solutions and regenerative agriculture. We believe these “solutions” seek to impose property rights on all living things, to privatize and sell nature—to sell Mother Earth and Father Sky. This approach treats soils, plants, trees, mangroves, coastal areas, and oceans as commodities. It is the financialization of nature.

“Nature-based solutions” is an umbrella term covering a range of schemes for climate, conservation, and biodiversity protection. Even corporations like Shell Oil claim to be proponents. It is a broad and vague term that can include wetlands, peatlands, planting trees, restoring grasslands, and, in the Global South, mangrove restoration and monoculture plantations. In short, it’s a bad idea dressed up in public relations–friendly terminology.

he idea of nature-based solutions is firmly based in carbon markets, nature neocolonialism, discredited market mechanisms, and corporate greenwashing. These mechanisms emerge from a world view defined by white supremacist and patriarchal narratives of conquest. This includes a blind faith in corporate policies and technologies, and an arrogant assumption that these technologies can supplant the complexity of the Earth’s natural systems for sustaining balance and harmony.

In this worldview, Mother Earth is objectified and treated like a machine made of parts that can be replaced, redesigned, or engineered—not as a complex entity of interdependent, beautiful, and sacred relations.

These “solutions” are a distraction from the essential need to cut carbon emissions and properly protect, conserve, and restore biodiversity and ecosystems.
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There's more in the link above. Worth a read, imho.

Bor Mullet · Apr 30, 2022

Biden continues to disappoint in this area.

Gamiel · May 1, 2022

Gamiel · May 15, 2022

https://m.dw.com/en/when-capitalism-and-indigenous-rights-collide/
"A legal dispute involving retail giant Amazon and Indigenous South Africans has highlighted a global dilemma: Are sacred sites more important than job creation? Indigenous groups have been fighting back."

The rest of the text is behind the link.

solojones · May 15, 2022

That link doesn't work.

But imagine someone trying to build an Amazon warehouse in Arlington National Cemetery.

Yeah

Darth Guy · May 15, 2022

"When indigenous rights and capitalism collide." That must be one very, very long article.

CT-867-5309 · May 15, 2022

I wonder what else isn't more important than job creation? The abolition of slavery? A person's right to their internal organs? Clean drinking water? Well, we've already settled that last question.

Gamiel · May 16, 2022

solojones said: ↑

That link doesn't work.
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Do this one work: When capitalism and Indigenous rights collide | Africa | DW | 21.04.2022 ?

Lowbacca_1977 · May 16, 2022

solojones said: ↑

That link doesn't work.

But imagine someone trying to build an Amazon warehouse in Arlington National Cemetery.

Yeah
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Yeah, I can see how that would upset a bunch of flag wavers.

Gamiel · May 16, 2022

I just discovered the band OTYKEN
To qoute the About part of their youtube channel: "The Otyken is a Siberian aborigine’s music group. The marvelous combination of traditional musical instruments and modern arrangement will definitely amuse you! Our unique overtone singing, special vocals and the charming sounds of khomus will take you to the boreal forests of Taiga!

We sing our songs in Russian and Khakas. In our songs you can hear the great history of the Siberian aboriginal’s national crafts. Our musicians (Chulyms) will tell you about their usual daily life: collecting herbs and pine cones, moving through wild taiga for hunting, apiary work, preparing gear for night fishing.

The Otyken has triumphed in different international festivals and has an enormous amount of funs in all over the world. The magical power of our music will heal your soul and your body as well, and it can even send you into a trance!"

Gamiel · Jun 28, 2022

Arizona Native Americans can get free tuition for college : NPR

The University of Arizona announced Monday that Native American students no longer would have to pay tuition or fees at its main campus in Tucson. The university hopes the new program better serves the state's large Native population.

The program, a first of its kind in an Arizona public university, will be available for students registered to any of the state's 22 federally recognized tribes. More than 400 current students will be eligible at the school's main campus in Tucson, where tuition currently is $12,700 per semester.

"The University of Arizona is committed to recognizing and acknowledging the history endured by Native American communities," Kasey Urquídez, the school's vice president of enrollment management, said in a statement. "We are committed to promoting access and success for Indigenous students."

The University of Arizona joins a number of other public universities offering free tuition to Native students, including state schools in California, Maine, Massachusetts, Michigan, Montana and Oregon.

The goal of the programs is to erase some of the barriers to entry for tribal students. About a quarter of Native students pursue higher education, compared to 40% of students overall, according to the Postsecondary National Policy Institute.
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Gamiel · Jun 29, 2022

Dogs are sniffing out chronic wasting disease for the Blackfeet Nation : Shots - Health News : NPR

On Martha's Vineyard, tribal elders work to restore their land : NPR

Long before Roe v. Wade was overturned, Indigenous women faced barriers to abortion | KOSU

blackmyron · Jun 29, 2022

Supreme Court reversed part of their earlier decision regarding tribal authority in Oklahoma.

Gamiel · Jul 22, 2022

Who belongs in the Cherokee Nation? : Code Switch : NPR
"In 1866, the Cherokee Nation promised citizenship for Black "freedmen" and their descendants. But in the years that followed, that promise would be at the center of a battle between civil rights and sovereignty. This episode, from our friends at The Experiment podcast (produced by WNYC and the Atlantic) gets into the messy history and fraught present."

Gamiel · Jul 26, 2022

Best Of: Native Americans Are The Highlight Of This Summer's TV Slate : 1A : NPR

It took 30 years for "Dark Winds" to be adapted for television. The Tony Hillerman series revolves around the Navajo Nation and two tribal policemen trying to solve the murder of a Navajo woman.

The show has already made history for its predominant Native cast and crew, already cinching up a second season. All episodes of the first season are available for streaming on AMC+.

But this series isn't alone this summer in presenting Native Americans in a more authentic way. "Rutherford Falls" and "Reservation Dogs" are both returning for second seasons.

The Guardian called the first season of "Reservation Dogs" "a stereotype-smashing, Tarantino-esque triumph." And "Rutherford Falls" is full of "Native joy" and comedy.

It's a significant moment for a group that has been severely underrepresented in media. Last year, UCLA's Hollywood Diversity Report found that indigenous people made up less than one percent of acting roles. They were virtually nonexistent in creative roles behind the camera.

Even though these shows are making more room for these stories to be told, there is still quite a lot of work to do. Diné language and literacy educator Clarissa Yazzie recently spoke out on social media about mispronunciations of the language on Dark Winds despite the predominantly Native writer's room.

Chris Eyre, Maya Rose Dittloff, and Kiowa Gordon join us for the conversation.
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InterestingLurker · Sep 3, 2022

Land acknowledgment honors contributions of Indigenous peoples, history of land | CU Boulder Today | University of Colorado Boulder

The article said:

The University of Colorado Boulder has adopted a land acknowledgment recognizing that Colorado’s flagship campus sits on land that is part of the traditional territories of the Arapaho, Cheyenne, Ute and other Indigenous nations with historic and ongoing ties to the state.

Additionally, the land acknowledgment honors the contributions of all Indigenous peoples with historic ties to Colorado and recognizes the devastating and lasting impacts of the forced removal of tribal nations from their ancestral homelands and their assimilation and confinement on reservations to create what is now the state of Colorado.

The campus land acknowledgment also affirms CU Boulder’s commitment to amplifying the voices of Indigenous students, staff and faculty, integrating Indigenous knowledge into education, research and student success, and working with Native American communities to recruit, retain and graduate Indigenous students.

“The campus land acknowledgment will enable students, faculty, staff and others to reflect on the unique histories, cultures and contributions of Indigenous peoples who have historic and ongoing ties to the Boulder region and the entire state of Colorado,” said Chancellor Philip DiStefano. “The land acknowledgment also affirms the university’s commitment to supporting Native American students, faculty and staff from Colorado and beyond who come to CU Boulder to pursue their academic goals.”

The land acknowledgment is the outcome of a collaborative process that included input from a campus advisory group representing the Center for Native American and Indigenous Studies (CNAIS); the Inclusion, Diversity and Excellence in Academics (IDEA) Council; the Office of the Senior Vice Chancellor for Diversity, Equity and Inclusion; the Office of Diversity, Equity and Community Engagement (ODECE) and other academic and administrative units.

Central to the creation of the land acknowledgment was guidance that campus leadership and staff received from CNAIS students, staff and faculty who serve on the academic center’s executive board and from the center’s external advisory board. The external advisory board, which includes Native American leaders who work closely with CNAIS, recommended that the campus use the statement to guide necessary work moving forward to increase support of Indigenous communities in Boulder and around Colorado.

Andrew Cowell, faculty director of CNAIS, said it was important for CU Boulder to adopt a land acknowledgment that not only recognized the presence of Indigenous peoples in Colorado for millennia but also acknowledged historical inequities, the negative repercussions and a commitment to concrete actions to mitigate these continuing harms.

“This land acknowledgment is a welcome starting point for initiating serious, formal consultation with Native American tribes and communities to jointly explore ways in which CU Boulder can acknowledge our nation’s history and also better support Indigenous peoples and individuals who continue to experience the impacts of the loss of their ancestral homelands to this day,” Cowell said.

Sonia DeLuca Fernández, senior vice chancellor for diversity, equity and inclusion, said it was also critical to include language in the land acknowledgment affirming CU Boulder’s commitment to seeking new ways of supporting current and future generations of Native American students, faculty and staff.

The land acknowledgment is meant to be an iterative guide and work-in-progress to increase support for Indigenous students, faculty, staff and tribal communities with historic ties to Colorado, raise awareness and educate the campus community, she said.

“As we engage in action planning in support of DEI initiatives across the campus, identifying and solidifying our outreach to tribal leaders and communities will become even more of an imperative for CU Boulder,” DeLuca Fernández said. “The land acknowledgment is an initial step in this ongoing process, and I encourage students, staff and faculty to reflect on how best to incorporate these perspectives into their studies, work and campus discussions.”

In late 2020, the CU system adopted a land acknowledgment on behalf of all four campuses. Since then, CU Boulder students, staff and faculty have advocated for a statement specific to the history of the lands on which the state founded the Boulder campus.

Editor’s note: The Center for Native American and Indigenous Studies (CNAIS) website provides information about land acknowledgments, including the CU Boulder Land Acknowledgment, and the brand and messaging webpage includes guidance on how the campus community may incorporate the acknowledgment into email signatures.
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InterestingLurker · Sep 6, 2022

Supreme Court anti-Native decision sets stage for Tribal-State conflict – People's World (peoplesworld.org)

The article said:

“States have no criminal jurisdiction in Indian Country over crimes by Indians against anyone or crimes by non-Indians against Indians. Crimes by Indians are punishable either by the tribe or the federal government, and crimes by non-Indians against Indians are punishable exclusively by the federal government.” Williams v. United States (1946)

The above passage is from the much-esteemed book, American Indian Law, by William C. Canby Jr., Senior Judge of the U.S. Court of Appeals for the Ninth Circuit. Canby was a former Director of the Office of Indian Law of the Arizona State College of Law, and a foremost authority on Federal Indian law. The ruling cited by Judge Canby is quite clear— and on point—in reference to states and criminal jurisdiction regarding crimes committed by non-Indians against Indians in Indian Country.

On June 29 of this year, the Supreme Court issued a decision striking an unprecedented body blow against the Tribal sovereignty of Indigenous nations. The retrograde Court ruled in the case of Oklahoma v. Castro-Huerta, that states have concurrent jurisdiction with the federal government in crimes of non-Indians against Indians on Tribal lands.

The Court stated in its inflammatory decision that Indian Country is part of state territory. This is incredibly shocking and betrays an apparent complete ignorance of Federal Indian law.

As an attorney whose specialty is federal Indian law, and having practiced on a number of reservations, I shall review the recent Supreme Court decision from the standpoint of its most basic egregious errors, while also scrutinizing the ruling from the perspective of the scathing dissent issued by Supreme Court Justice—and Indian law authority—Neil Gorsuch.

The general foundational rule is that state jurisdiction is limited to those crimes that do not concern Indians or Indian interests. Hence, state jurisdiction is limited to crimes committed by non-Indians against non-Indians in Indian Country. Otherwise, the state has no authority on Tribal lands absent Congressional authorization. This is clear and unambiguous.

But it must also be kept in mind that Federal Indian law is filled with ambiguities, uncertainties, inconsistencies, and nuances, more so than any other body of law in the entire United States. However, this discourse addresses the more salient errors and lack of knowledge, history, and law embodied in the Court’s latest excursion into Indigenous jurisprudence.

Supreme Court decision foreshadows Tribal-State conflict

The decision written by Justice Kavanaugh, who has no Indian law background, is an engagement into the most labyrinthine twists and turns of Byzantine sophistry in a sordid, awkward attempt to pull the proverbial “rabbit out of the hat.” It is a clear violation of long established Federal Indian law.

The granting of states the right to intrude on Native lands in this respect has no basis in case law, or in the enshrined tenets of statutes and case law, beginning with the Indian Trade and Intercourse Act of 1790, to the much heralded decision of Worcester v. Georgia issued by the John Marshall Court in 1832. This set the standard of a nation to nation relationship between the Tribal nations and the United States. The Marshall Court stated that the “treaties and laws of the United States contemplate the Indian territory as completely separated from that of the states.”

The ruling rendered in Oklahoma v. Castro-Huerta purports to give the states a foothold in Indian Country. The legal reasoning asserted in this decision is stunningly faulty; indeed, one has to strain to try to make sense of it and still to no avail.

I shall begin with an issue that is a supporting core of Kavanaugh’s ruling that is curiously not directly addressed by Justice Gorsuch. Justice Kavanaugh asserts as one of the foundations of his errant opinion, that Indian Country is part of and not separate from state territory. That would be equivalent to saying that New York is part of Pennsylvania, or Ohio is part of Indiana. Both are, of course, separate political entities. A state is defined as a territory with its own government and borders within a larger country.

Justice Kavanaugh’s assertion that a reservation is part of state territory lowers Tribal land to a subordinate status, and takes away the nation to nation status vis-à-vis the federal government proclaimed in Worcester. Federal Indian law has held for over 200 years that reservations are separate from the states. This is founded on treaties, statutes, and case law that the Tribes are sovereign nations with only Congressional limitations.

In reference to the Worcester decision, that states have no jurisdiction in Indian Country, Kavanaugh’s retort is that at the time of the ruling territorial separation was the reason that state authority did not extend to Tribal lands. He advances that in the early 1800s Indian Country was separate from the states, therefore state law did not apply. Kavanaugh has no idea of what he is talking about, as he has no knowledge or grasp of history.

Georgia was already a state in the Worcester case of 1832 and had been for decades. There was no territorial separation between it and the Cherokee Nation. The Cherokee Nation was geographically within the boundaries of the states of Georgia, Tennessee, North Carolina and Alabama. Since there was no territory separating those states from the Cherokee Nation, such an argument is absurd. There was a national boundary between those states and the Cherokee Nation based upon treaties with the federal government of the United States.

Keep in mind that Kavanaugh, throughout his bumbling opinion, never explains what he means by “territorial separation.” We are left to draw our own reasonable, logical conclusion.

Moreover, the case of Organized Village of Kake v. Egan (1962)—which Kavanaugh professes as supporting his argument that reservations are part of states—is inapplicable because the language in regard to state authority is dicta and, therefore, non-binding. Further, it is irrelevant because the land involved in that case was neither a reservation nor under a treaty.

Kavanaugh further states that the Worcester ruling of Indian Country as separate from the state was abandoned in the 1800s. He says “that after that change, Indian Country in each state became part of the state’s territory.” What change is he referring to? Again, Kavanaugh provides no answer and makes no sense.

He continues to prattle on, throughout his opinion, that a reservation is part of a state while citing Kake, which again is pure dicta no matter how many times it is repeated, and cannot rise to the level of binding precedent.

In reference to legitimate state authority, a state has general criminal jurisdiction over all persons including Indians, outside Indian Country. Inside Indian Country, the state’s jurisdiction is generally limited to those crimes that do not affect Indians or Indian interests. That has been the long-standing rule. However, it can be clearly seen that non-Indian crimes against Indians affect and concern Indians and Indian interests. Hence, the long-standing prohibition against state involvement, in accordance with Federal Indian law, has to be maintained. It is also good to keep in mind another general rule: The state has exclusive jurisdiction over crimes committed by non-Indians against non-Indians in Indian Country, as these are the only crimes that normally do not concern Indians or Indian interests. This is as simple as it should get and as simple as it should stay.

Gorsuch points out in his dissent that the Castro-Huerta decision is Oklahoma’s effort to exercise jurisdiction over crimes involving Tribal members on Tribal lands in violation of the decision of its own Court of Criminal Appeals. The Justice asserts that this has been an attempt to portray reservations as “lawless dystopias.” He also expounds that “the decision is unattached to any colorable legal authority.”

His dissent maintains that the Court has committed “astonishing errors”’ that are violations of clear principles of precedent, and argues that only Congress can make a change of the type and magnitude conferred on Oklahoma by the errant ruling. The majority opinion, propounds Gorsuch, is a ”string of carefully curated snippets—a clause here, a sentence there—from six decisions from a galaxy of the Court’s Indian law cases.” Gorsuch is unrelenting in his scorching criticism of this outlier ruling. The Court’s reasoning is “mistaken root and branch” he continued.

The Justice also delves into Oklahoma Indian history. He cites the famous groundbreaking volume by famed Oklahoma historian, Angie Debo, entitled And Still the Waters Run: The Betrayal of the Five Civilized Tribes, to illustrate that state officials and state courts defrauded the exiled Tribes of land and resources guaranteed by federal treaties. Gorsuch also cites the “deadliest of enemies” description from United States v. Kagama (1886) to further indicate traditional state enmity toward Tribal nations.

The dissent notes that “in the decades following statehood, many settlers engaged in schemes to seize Indian lands and mineral rights by subterfuge.” Gorsuch explains that these schemes resulted in the bulk of the landed wealth of the Indians ending up in the hands of the new settlers, and that state officials and courts “were sometimes complicit in the process.” I would add that this happened more than “sometimes” considering that the vast amount of Oklahoma Indian land was taken in stolen allotments.

For Kavanaugh to continue claiming that Indian Country is part of the state is inflammatory and provocative language that will foster further conflict and confrontation in Tribal-State relations. Some tribal communities are already pondering whether the decision means that state police will enter reservations patrolling and policing for non-Indian law violators. Will the ruling foster state jurisdictional intrusions into Indian land and interests?

Will the Court’s decision “that Indian Country is part of a state and not separate from it” be tested by an overzealous state to further this intrusion into Indigenous sovereignty?

Supreme Court decision is part of a conservative political agenda

The Supreme Court ruling has less to do with law, than with the conservative majority’s pursuit of an energized right-wing political agenda. Its anti-Indian sovereignty ruling will join a conservative cavalcade of other regressive decisions seen previously with abortion rights, the Environment Protection Agency(EPA) authority to control carbon emissions, the separation between church and state, and restricting Miranda rights.

The potential ramifications are huge and far-reaching. It shall remain, for the time being, a decision issued in infamy and best described by Gorsuch as “an embarrassing new entry into the anticanon of Indian law.” Tribal nations must be prepared to combat this judicial onslaught—and any more to come—from this Court’s conservative anti-Native agenda.

As with all op-eds published by People’s World, this article reflects the opinions of its author.
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@Gamiel @blackmyron @Lowbacca_1977 @CT-867-5309 @Darth Guy

Thought y'all might be interested and I think this deserves more attention.

I also respect Albert Bender's analysis on these situations and issues; definitely someone to follow up on.

Darth_Duck · Oct 27, 2023

I wasn't quite sure where to put this, but, CBC news did an investigation and celebrated Canadian Indigenous singer Buffy Sainte-Marie may not be Canadian, and more importantly for this thread, may not be Indigenous.

https://www.cbc.ca/newsinteractives/features/buffy-sainte-marie

It's a bit of a long read, and there's some real interesting stuff said, but one key part is this:

The Mother Corp said:

CBC travelled to Stoneham, Mass., three kilometres from Sainte-Marie’s childhood home, to see the birth certificate she has claimed for years doesn’t exist.

Town clerk Maria Sagarino showed CBC the secure vault that contains all Stoneham birth certificates.

She flipped through a 1941 binder until she reached Feb. 20 — certificate No. 49.

She pulled Sainte-Marie’s original, handwritten birth certificate from its clear plastic sleeve. It was signed by Dr. Herbert Land — the same doctor who delivered Sainte-Marie’s sister, Lainey, in 1948. He certified that Sainte-Marie was born at 3:15 a.m. to Albert and Winifred Santamaria.

“This is the original that came from the hospital,” said Sagarino, who has worked at the Stoneham town hall for more than 20 years. “There’s no refuting this because it’s in my custody from my files in my vault.”

In her email to CBC, Sainte-Marie’s lawyer said: “Research has also revealed that children adopted by parents in Massachusetts were commonly issued new Massachusetts birth certificates with the name of their adoptive parents.”

CBC asked Sagarino if that happened in this case.

She said no.

“It doesn’t appear that she was adopted in any way, shape or form,” Sagarino said.
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How many people were first introduced to Indigenous culture through her Sesame Street appearances? Generations now.

And I put this book on my library shelf today because I has time to catch up on the stacks of books my predecessor left me to deal with catalogueing and shelving Maybe I should just move it to the fiction section.

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Senate Indigenous (Native American) Peoples - General Discussion

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