INDIGENOUS POLICY JOURNAL OF THE INDIGENOUS STUDIES NETWORK (ISN)
Vol. XXIV, No. 3 On The Web at: http://www.indigenouspolicy.org/ Winter 2014 COMPILED December 15, 2013 - ISSN 2158-4168 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Indigenous Policy (IPJ) publishes articles, commentary, reviews, news, and announcements concerning Native American and international Indigenous affairs, issues, events, nations, groups and media. We invite commentary and dialogue in and between issues.
TABLE OF CONTENTS
ISN and IPJ information Upcoming Events Ongoing Activities: Environmental Activities U.S. Activities International Activities Indian & Indigenous Developments Environmental Developments U.S. Developments International Developments Dialoguing: Mark Trahant, "A treaty promise ... that cannot be kept" Mark Trahant, "Alaska’s busy week: Demonstrating its contempt for Alaska Natives" Mark Trahant, "Yeah, the government is open. How come the news ahead is worse?" Mark Trahant, "Voting in the name of ..." First People World Wide, "Does the White House Council on Native American Affairs Need to Be a Little More Native American?” Lloyd Lee, "Navajo Governance in the 21st Century: How Can Diné People Rebuild Their Government?" Lima Declaration Of The World Conference Of Indigenous Women Letter of the Lorretto Community to Pope Francis on Rescinding the Doctrine of Discovery Letter of Pax Christi International to Pope Francis on Rescinding the Doctrine of Discovery Research Notes: Moki Kokoris, “Polar Bear Hunting Viewed Through Indigenous Crosshairs” Moki Kokoris, “Duck Down and Thermostats in an Interconnected World” Articles: As IPJ is a refereed journal, articles are being posted on a different schedule from the rest of the journal. We will send out an e-mail announcement when the next set of articles are posted, and can be downloaded as a pdf file. Current articles are available with list on line at: http://www.indigenouspolicy.org/ . Reviews: John W. Friesen, Review: The New Buffalo: The Struggle for Aboriginal Post-Secondary Education in Canada, by Blair Stonechild John W. Friesen, Review of The Poetics of Land & Identity Among British Columbia Indigenous Peoples, by Christine J. Elsey Thomas Brasdefer, Review of Gun Machine, by Warren Ellis Media Notes Ph.D. Dissertations from Universities Around the World on Topics Relating to Indians in the Americas Useful Websites
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Advisory Council: Our thanks to all the members of the advisory council who review article submissions: David Armstrong, Phil Bellfy, JoLee Blackbear, Bennis Blue, Stephen Brandon, Patricia Campbell, Ward Churchill, Shane Day, Larry French, Susan Gorgan, Burke Hendrix, Thomas Hoffman, Sheree Hukill, Lilias Jarding, Ezra Rosser, Mickey Poslum, and Stefanie Wickstrom. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DEADLINE FOR SUBMISSIONS FOR THE NEXT ISSUE IS MAY 8 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
INDIGENOUS POLICY PLANS FOR 2013-14 - WE INVITE YOUR HELP AND INPUT
We wish you a fine New Year. Indigenous Policy journal is available on the web with e-mail notification of new issues at no charge. Indigenous Policy puts out two regular issues a year (Summer and Winter), and since summer 2006, what is now a fall issue serving as the Proceedings of the Western Social Science Association Meeting American Indian Studies Section. We are seeking additional editors, columnists and commentators for regular issues, and editors or editorial groups for special issues, and short articles for each issue. A new development is that, thanks to long time compilers Jonathon Erlen and Jay Toth, we are developing a regularly updated and searchable data base of Ph.D. Dissertations from Universities Around the World on Topics Relating to Indians in the Americas, compiled from Dissertation Abstracts, with recent dissertations also listed separately in each of our regular Summer and Winter issues.
As IPJ is a refereed journal, articles may be posted on a different schedule from the rest of the journal. New articles may go up either at the same time as regular issues, or be added to already posted issues, and may or may not remain up when issues change, until replaced by new articles. Notices go out to our list serve when new issues 2 are posted, and when new articles are posted. To be added to the list to receive e-mail notice of new postings of issues, and new postings of articles, send an e-mail to Steve Sachs: [email protected].
Jeff Corntassel and colleagues put together a special winter 2002 issue with a focus on “federal recognition and Indian Sovereignty at the turn of the century.” We had a special issue on international Indigenous affairs summer 2004, on Anthropology, Archeology and Litigation – Alaska Style spring 2012, on Exploring the Governance Landscape of Indigenous Peoples and Water in Canada, Spring 2014, and are about to have additional special issues. We invite articles, reports, announcements and reviews of meetings, and media, programs and events, and short reports of news, commentary and exchange of views, as well as willingness to put together special issues.
Send us your thoughts and queries about issues and interests and replies can be printed in the next issue and/or made by e-mail. In addition, we will carry Indigenous Studies Network (ISN) news and business so that these pages can be a source of ISN communication and dialoguing in addition to circular letters and annual meetings at APSA. In addition to being the newsletter/journal of the Indigenous Studies Network, we collaborate with the Native American Studies Section of the Western Social Science Association (WSSA) and provide a dialoguing vehicle for all our readers. This is your publication. Please let us know if you would like to see more, additional, different, or less coverage of certain topics, or a different approach or format.
IPJ is a refereed journal. Submissions of articles should go to Tad Conner, [email protected], who will send them out for review. Our process is for non-article submissions to go to Steve Sachs, who drafts each regular issue. Unsigned items are by Steve. Other editors then make editing suggestions to Steve. Thomas Brasdefer posts this Journal on the IPJ web site: http://www.indigenouspolicy.org/ipjblog.
GUIDE TO SUBMITTING WRITINGS TO IPJ
We most welcome submissions of articles, commentary, news, media notes and announcements in some way relating to American Indian or international Indigenous policy issues, broadly defined. Please send article submissions electronically attached to e-mail to Tad Conner, [email protected], who will send them out for review. All non-article submissions (including Research Notes, which usually are non refereed articles) go via e-mail to Steve Sachs: [email protected], or on disk, at: 1916 San Pedro, NE, Albuquerque, NM, 87110. If you send writings in Word format, we know we can work with them. We can translate some, but not all other formats into word. If you have notes in your submission, please put them in manually, as end notes as part of the text. Do not use an automated footnote/end note system that numbers the notes as you go and put them in a footer such automated notes are often lost, and if not, may appear elsewhere in the journal, and not in your article, as several writings are posted together in the same file. The one exception is the Proceedings of the AIS section at the WSSA meeting, in fall issues, where each article is kept in its own file, and it is O.K. to use an automated note system. If you use any tables in a submission, please send a separate file(s) for them, as it is impossible to work with them to put on the web when they are an integral part of a Word text. Some other format/style things are helpful to us, and appreciated, but not an absolute requirement. As we publish in 12 point Times font, with single spacing, and a space between paragraphs, it saves us work if we receive writings that way. Many thanks. We look forward to seeing what you send us. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
INDIGENOUS WEB PAGE ON RACE ETHNICITY & POLITICS SECTION LINK
Paula Mohan has constructed the American Indian and International Indigenous webpage on the Race and Ethnic Politics link to the APSA website at http://facstaff.uww.edu/mohanp/nasa.html. She is actively soliciting material for ISN's webpage in the areas of syllabi, directory of scholars, graduate and undergraduate programs, new publications, resources and related areas. Contact her at [email protected]. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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UPCOMING EVENTS
ISN PROGRAM AT APSA 2013 IN WASHINGTON, DC
The Indigenous Studies Network (ISN) will put on one or more panels and a business meeting/networking session at the 2014 American Political Science Association (APSA) Meeting, August 28-31, 2014 in Washington, DC, at the Hyatt/Sheraton. For more information contact ISN Program Coordinators: Laura Evans, [email protected] (University of Washington) and Sheryl Lightfoot (University of British Columbia): [email protected]. More information about the APSA meeting can be found at: http://www.apsanet.org/.
WSSA 2014 AMERICAN INDIAN STUDIES SECTION PROGRAM, April 2-5, 2014
The American Indian Studies Section of the Western Social Science Association, at its 56th meeting, expects to again have a full program of panels at the association's meeting at the 2014 conference in Albuquerque, NM, April 2-5, 2014, at the Hyatt Hotel. Paper/panel proposals for the American Indian Studies Section can either be submitted on line by going to: http://wssa.asu.edu/, or by sending them (preferably by E-mail) to AIS section coordinator Leo Killsback: [email protected]. Deadline for proposals, including abstracts, is December 1, 2012. Information, which will eventually include the preliminary program, can be accessed on line at: http://wssa.asu.edu. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A list of Indigenous Language Conferences is kept at the Teaching Indigenous Languages web site at Northern Arizona University: http://www2.nau.edu/jar/Conf.html.
The D'Arcy McNickle Center for American Indian and Indigenous Studies at the Newberry Library, in Chicago, has an on going Newberry Library Seminar in American Indian Studies on many Thursdays, 5:30- 6:30 pm, as well as other occasional events. All papers are pre-circulated electronically to those who plan to attend the seminar. E-mail [email protected] or call (312)255-3564 to receive a copy of the paper. For more on this and other events at the Newberry Library go to: http://www.newberry.org/mcnickle/AISSeminar.html.
Language revitalization in a Russian & European context: Exploring solutions for minority language maintenance is in Helsinki, Finland, December 16-18, 2013. For information go to: http://blogs.helsinki.fi/minor- eurus/conference2013/.
First Nations Language Keepers Conference is December 27-28, 2013 at the Saskatoon Inn and Conference Centre in Saskatoon, Saskatchewan, Canada. Details area available at: http://www.sicc.sk.ca/.
SSILA Annual Winter Meeting is January 2-5, 2014, held jointly with the Annual Meeting of the Linguistic Society of America in Minneapolis, Minnesota at the Minneapolis Hilton hotel, Thursday January 2 through Sunday January 5, 2014. For more information http://linguistlist.org/ssila/AnnualMeeting/AnnualMeeting.cfm.
International Expert Group Meeting: Sexual health and reproductive rights: articles 21, 22 (1), 23 and 24 of the United Nations Declaration on the Rights of Indigenous Peoples is January 15-17, 2014, at United Nations headquarters, New York. More information is available at: http://undesadspd.org/IndigenousPeoples/EGM2014SexualHealthandReproductiveRights.aspx.
Department of the Interior (DOI) & Indian Health Service IHS Tribal Self-Governance Advisory Committee Meeting is January 21-Jan 23, 2014, in Washington, DC (http://www.ncai.org/conferences-
4 events/national-events).
Center for Advanced Research in Language Acquisition, 4th International Conference on the Development and Assessment of Intercultural Competence is January 23 – 26, 2014, in Tucson, AZ. Fro information visit: http://cercll.arizona.edu/development/conferences/2014_icc.
21st Annual Stabilizing Indigenous Languages Symposium will be at the University of Hawaii at Hilo, January 15-19, 2014. Information will become available at www.uhh.hawaii.edu.
The Tenth International Conference on Environmental, Cultural, Economic and Social Sustainability will be held January 22-24, 2014 at the University of Split, split, Croatia. For details go to: http://www.SustainabilityConference.com.
The 17th Annual National Indian Education Association (NIEA) Legislative Summit is likely in February 2014, in Washington, D.C. For information go to: http://www.niea.org/Membership/Legislative-Summit.aspx.
2014 United South and Eastern Tribes (USET) Impact Week Meeting is Feb 3-6, 2014, at Crystal Gateway Marriott , 1700 Jefferson Davis Highway Arlington, VA (http://www.ncai.org/events/2014/02/03/uset-impact- week-meeting).
The 2014 Conference of the National Association of Native American Studies will be at the Crowne Plaza Executive Center, Baton Rouge, LA, February 10-15, 2014. For more information, please visit the following: www.NAAAS.org.
The Native American Indian Housing Council Legislative Conference is February 25-27, 2014, in Washington, DC (http://www.ncai.org/events/2014/02/25/naihc-legislative-conference)
The United National 2014 Indian Tribal Youth Midyear UNITY Meeting is February 26 - March 2, 2014 at the Hyatt Regency in Crystal City, MD. For details go to: http://www.unityinc.org/.
The Fifth International Conference on Heritage/Community Languages may be in February 1014. Information will likely be at: http://www.cal.org/heritage/involved/past.html.
National Association for Bilingual Education 43rd Annual Conference is in San Diego, CA, February 13-15, 2014. For information go to: http://nflrc.hawaii.edu/icldc/2013/call.html.
4th International Conference on Language Documentation and Conservation (ICLDC): may be at the University of Hawaii at Manoa, Honolulu, HI, February or March 2014. For details visit: http://events.hellotrade.com/conferences/international-conference-on-language-documentation-and-conservation/.
Native/Indigenous Studies Area of the 2014 Southwest Popular Culture American Culture Association (Formerly the Southwest/Texas Popular Culture/American Culture Association) 35th annual meeting is February 19-22, 2014 in Albuquerque, NM. Further details can be found at: http://swtxpca.org/https://mail.msu.edu/cgi- bin/webmail?timestamp=1187041691&md5=r%2B8zeYT8m2RajaxaGpmkeQ%3D%3D&redirect=http%3A%2F %2Fwww.swtexaspca.org%2F.
The 37th Annual California Conference on American Indian Education may be in March 2014 at Humboldt State University, Arcata, CA. For more information contact: Achel McBride: (530)895-4212 x 110, Irma Amaro: (707)464-3512, or Judy Delgado at 916-319-0506, [email protected], or go to: http://www.aisc.ucla.edu/admin/gcal.shtml. 5 The 10th Annual Conference on Endangered Languages and Cultures of the Americas may be at the University of Utah, Salt Lake City, UT, in March 2014, put on by the Center for American Indian Languages, at the University of Utah, which also runs a series of workshops. For details go to: http://www.cail.utah.edu, or contact Jennifer Mitchell: [email protected].
Eighth Heritage Language Research Institute: Heritage Speakers and the Advantages of Bilingualism is March 7-8, 2014 at UCLA Covel Commons, with a pre-conference workshop, Attending the Needs of Heritage Language KLearners in Mixed Classrooms, March 6, 2014. For details go to: http://nhlrc.ucla.edu/. 2014 NCAI Executive Council Winter Session is March 11-13, 2014, in Washington, DC. For information go to: http://www.ncai.org/conferences-events.
Second International Conference on Heritage/Community Languages is March 7-8, 2014 at Covel Commons at UCLA, Los Angles, CA, For details visit: http://nhlrc.ucla.edu/events/conference/2nd/.
Association for Supervision and Curriculum Development 69th Annual Conference is March 15 – 17, 2014, in Los Angeles, CA. For information visit: http://www.ascd.org/conferences.aspx.
National RES (Reservation Economic Summit) Las Vegas is March 17- 20, 2014 in Las Vegas, Nevada (http://www.ncai.org/events/2014/03/17/national-res-reservation-economic-summit-las-vegas).
Massachusetts Association of Bilingual Education Cross-Cultural Connections is March 22, 2014, in New Haven, CT. For information visit: http://www.massmabe.org/.
National Johnson O'Malley Association Conference is March 25-7, 2014 in Denver, Colorado. For Details go to: http://www.njoma.com/.
TESOL: Explore – Sustain – Renew is March 26 – 29, 2014, in Portland, OR. For details go to: http://www.tesol.org/convention2013/2014-convention-proposals.
The National Association for Ethnic Studies (NAES) 42nd Annual Conference: Research as Ceremony: decolonizing Ethnic Studies is April 3-5, 2014, at Mills College, Oakland, California, with a session, Research Justice: Decolonizing Knowledge, Building Power, Friday, April 4th, 2014, 7 pm at the First Congregational Church, 2501 Harrison St, Oakland, CA 94612. For details contact National Association for Ethnic Studies (NAES), Department of Ethnic Studies, Colorado State University, 1790 Campus Delivery, Fort Collins, CO 80523-179, www.ethnicstudies.org.
The 10h Giving the Gift of Language : A Teacher Training Workshop for Native Language Instruction and Acquisition may be in April 2014. For information visit: http://www.nsilc.org/index.htm.
Alaska Native Studies Conference 2014 may be in April 2014 at the University of Alaska Anchorage campus. For details go to: http://alaskanativestudies.org.
Tenth Annual Southeast Indian Studies Conference is April 10-11 2014, at University of North Carolina at Pembroke. For more information contact Alesia Cummings at (910)521-6266, [email protected] or Dr. Mary Ann Jacobs, (910)521-6266, [email protected].
Washington Association of Bilingual Education: Culture and Content Connections: Keys to Academic Success is April 11 – 12, 2014, in Tacoma, WA. For details go to: http://wabewa.org/.
6 National Indian Child Welfare Association 32nd Annual Protecting Our Children National American Indian Conference on Child Abuse and Neglect is Apr 13, 2014 - Apr 16, 2014, in Fort Lauderdale, FL. For Details go to: www. nicwa.org.
Native American Finance Officers Association's 32nd Annual Conference is April 14-15, 2014 at the Roosevelt Hotel New Orleans, LA For more information visit www.nafoa.org.
American Indian Cultures and Literatures area of the PCA/ACA (Popular Culture Association/American Culture Association) National Conference 2014 is in, Chicago, IL, April 16 – April 19, 2014. For details. Visit: http://www.pcaaca.org/conference/national.php.
The Western Political Science Association (WPSA) 2014, April 17-19, 2014, at the Sheraton Seattle Hotel , Seattle, Washington, will include a Race, Ethnicity an Politics panel, “Abolitionism, Decoloniality, and Political Theory,” focusing on the unfinished projects of decolonization and abolitionism have many potential points of synergy. This panel seeks papers of political theory that explore the intersections of abolitionist and decolonial movements—in their historical and/or contemporary forms, in their struggles, alliances, utopian imaginaries, repression, recuperation, collective study, etc. Through the medium of political theory, we aim to put decolonizing movements and decolonial thought—such as the work of Andrea Smith, Anibal Quijano, Chela Sandoval, Glen Coultard, Enrique Dussel, Laura Elisa Pérez, Walter Mignolo, and María Lugones—into critically constructive conversations with abolitionist movements and abolitionist thought, such as the writings of Angela Davis, Critical Resistance, Erica Meiners, Joel Olson, Kathi Weeks, and Ruth Wilson Gilmore. Another possible goal is to interrogate the colonialist assumptions throughout the discipline of political theory, and to confront the ways that they make political theory irrelevant or counter-productive for movements that seek to abolish the interconnected regimes of white supremacy, capitalism, hetero-patriarchy, imperialism, and settler colonialism. Potential themes include but are not limited to: · Decolonial perspectives on abolitionist movements, historical (against slavery, the slave trade, lynching, work, etc) and/or contemporary (against prisons, police, the death penalty, gender, etc) · Intersections of indigenous, decolonial, and abolitionist struggles · Critical views on modernist/colonialist epistemologies in political theory · Writing political theory with body-and-place situated epistemologies · Affinities & controversies between radical political theory and decolonial thought · Decolonial methodologies and militant co-research that embeds political theory with movements · Movements against the heterosexualist modern/colonial gender regime · White supremacy, the New Jim Crow, & movements to abolish the penal regime · Decolonizing political theories of education · Political theories of study, knowledge, and teaching beyond modern/colonial education · ‘Nature’/’society’ as a colonialist dichotomy in political theory · Intersecting decolonization and abolitionism with other movements (feminist, queer liberation, anti-capitalist, disability rights, anarchist, environmentalist, animal liberation, etc) · Decolonizing the political science discipline and academia more generally; For details contact Eli Meyerhoff –[email protected].
SWCOLT is April 24 – 26, 2014 at Snowbird, UT. For information go to: http://www.swcolt.org/.
The Native American Student Advocacy Institute is May 28-29. 2014 at the University of New Mexico, Albuquerque, NM. For details visit: http://nasai.collegeboard.org/.
The Thirteenth Session of the UN Permanent Forum on Indigenous Issues, with Special Theme: “Principles of good governance consistent with the United Nations Declaration on the Rights of Indigenous Peoples: articles 3 to 6 and 46” is May 12-23, 2014, at UN Headquarters in New York. For details go to: http://social.un.org/index/IndigenousPeoples.aspx.
“Alternative Sovereignties: Decolonization Through Indigenous Vision and Struggle” is at the University of Oregon, May 8-10, 2014. For details, go to: http://blogs.uoregon.edu/alternativesovereignties/.
National Indian Gaming Association (NIGA) Indian Gaming 2014, is May 11-14 2014 at the San Diego
7 Convention Center, San Diego, CA http://www.indiangaming.org/events/tradeshow/index.shtml.
The 6th Native American and Indigenous Studies Association Annual Conference is at the University of Texas at Austin, May 29-31, 2014. For more information about the 2014 meeting go to: http://conferences.la.utexas.edu/naisa2014/or http://naisa.ais.arizona.edu/.
21st Annual Stabilizing Indigenous Languages Conference and 5th Western Symposium on Language Issues (WeSLI) may be in June 2014. For details go to: http://jan.ucc.nau.edu/~jar/AIE/conf.html.
The American Indian Teacher Education Conference may be at the College of Education, Northern Arizona University, Flagstaff, Arizona, in June 2014. For details go to: http://jan.ucc.nau.edu/~jar/AIE/conf.html.
The Society of American Indian Government Employees (SAIGE) is a national non-profit organization that advocates for American Indian and Alaska Native federal employees. SAIGE will likely host its 11th annual national training program in June 2014, Spokane,. Information will be available from the Society of American Indian Government Employees, P.O. Box 7715, Washington, D.C. 20044, www.saige.org.
Dene (Athabaskan) Language Conference will be in Prince George, BC, perhaps in June, 2014. For more information, please visit: http://www.uaf.edu/alc/.
The 2014 International Conference of Indigenous Archives, Libraries, and Museums is June 9-12, 2014 at Renaissance Palm Springs, CA. For information, to view past conference programs and/or submit a proposal before the November 15 deadline, visit: http://www.atalm.org. Please direct questions to [email protected].
2014 NCAI Mid Year Conference is June 8-11, 2014, in Anchorage, AK. For information visit: http://www.ncai.org/conferences-events.
ATDLE is June 23 – 26, 2014, in Sacramento, CA. For details visit: http://atdle.org/.
Regional RES (Reservation Economic Summit) D.C. is June 24-26, 2014 in Washington, DC (http://www.ncai.org/events/2014/06/24/regional-res-reservation-economic-summit-d-c)
4th Annual Indigenous Peoples' Rights Course & Field Visit in Costa Rica by Human Rights Education Associates (HREA) and University for Peace (UPEACE), Costa Rica: E-Learning Course Indigenous Peoples' Rights: June 4 - July 15, 2014; Field Visit: Amburi, Talamanca, Costa Rica: 4 - 10 August 4-10, 2014a. For details go to: http://www.hrea.org/index.php?base_id=1457&language_id=1.
The Northwest Indian Language Institute Summer 2014 is June 23-July 3, 2014, at the University of Oregon, Eugene, OR. For details go to: http://pages.uoregon.edu/nwili/.
Fostering Indigenous Business and Entrepreneurship in the Americas Conference: FIBEA 2014 may be in June 2014. For information and to make submissions contact [email protected], or visit http://conferences.mgt.unm.edu/fibea/ or http://fibeamanaus.mgt.unm.edu/defaultENG.asp.
Summer in Montana: Possibly in June 2014. The classes (each of which meets for one week) are taught by experts in the field and are designed for graduate students (including both law and Native Studies students), tribal leaders, attorneys, and those who work with and for Tribal and First Nations governments. You choose which courses and how many to take. All courses will be held at the Salish and Kootenai Tribal College on the Flathead Reservation in Montana. June 10-14 (morning) Child Welfare, Family Law, and the American Indian Child (Barbara Atwood, University of Arizona Law), (afternoon) Addressing Domestic Violence (Melissa Tatum, University of Arizona Law) , (morning) Native Governments in Action (Steve Cornell, University of Arizona's 8 Udall Center for Studies in Public Policy & Native Nations Institute) , (morning) Indigenous People in the Inter- American Human Rights System (Rob Williams, University of Arizona Law), (afternoon) Indigenous Economic Theory (Ron Trosper, University of Arizona American Indian Studies). The PDF with details is at: http://www.aisc.ucla.edu/news/c_n_resources/Summer%20in%20Montana%20flyer.pdf.
The International Society for Language Studies, co-sponsored by Akita International University, is pleased to announce that we will hold a conference from June 13-15, 2014 at Akita International University, in Akita, Japan. The theme of the conference will be “A Critical Examination of Language and Society.” For more information go to http://www.isls.co/index-2.html.
Sixth International Conference on Climate: Impacts and Responses is at the University of Iceland, Reykjavik, Iceland, June 27-28, 2014. The Climate Change Conference is for any person with an interest in, and concern for, scientific, policy and strategic perspectives in climate change. It will address a range of critically important themes relating to the vexing question of climate change. Plenary speakers will include some of the world’s leading thinkers in the fields of climatology and environmental science, as well as numerous paper, workshop and colloquium presentations by researchers and practitioners. For details go to: http://on-climate.com/the-conference.
6h International 3L Summer School: Endangered Languages: From Documentation to Revitalization may be in July 2014. For details visit: http://www.ddl.ish-lyon.cnrs.fr/colloques/3l_2012/index.asp?Langues=EN&Page.
NCAIS Summer Institute, Competing Narratives: Native American and Indigenous Studies Across Disciplines is at the Newberry Library in Chicago, IL, July into August 2014. For more information go to: www.newberry.org/mcnickle.
The 2014 National UNITY (United National Indian Tribal Youth) Conference: Technology and Tradition for Today and Tomorrow" is June 29-July 3, 2014 in Portland, OR. UNITY also holds occasional training sessions. For details visit: http://www.unityinc.org/.
The Ninth Annual Vine Deloria, Jr. Indigenous Studies Symposium is at Northwest Indian College, in July 2014. For details and reservations contact Steve Pavlik, Co-coordinator, Native American Studies, Northwest Indian College, 2533 Kwina Rd., Bellingham, WA 98226 (360)392-4307, [email protected], www.nwic.edu.
Society for the Study of the Indigenous Languages of the Americas (SSILA) Summer Meeting may be in July 2014 in Ann Arbor, Michigan, LSA Summer Institute. Information about the Institute is available at: http://lsa2013.lsa.umich.edu. For information about SSILA go to: http://linguistlist.org/ssila/AnnualMeeting/AnnualMeeting.cfm.
NCAIS Graduate Student Conference at the Newberry Library in Chicago may be in July 2014. The Consortium offers graduate students from NCAIS member institutions an opportunity to present papers in any academic field relating to American Indian Studies at the Graduate Student Conference. We encourage the submission of proposals for papers that examine a wide variety of subjects relating to American Indian and Indigenous history and culture broadly conceived. For details go to http://www.newberry.org/.
Australex 2014: Endangered Words, and Signs of Revival may be in Australia, in July 2014. For details go to: http://www.australex.org/.
The Fifth American Indian / Indigenous Teacher Education Conference is scheduled right now for July 10-12, in Flagstaff, AZ. The web site will soon be up. Meanwhile, contact: Jon Reyhner, Ed.D., Professor of Bilingual Multicultural Education, Northern Arizona University, Flagstaff, Arizona 86011, [email protected], http://jan.ucc.nau.edu/~jar.
9 Native American Finance Officers Association 2014 Bond Summit is July 24 on New York, NY. For more information visit: www.nafoa.org.
Department of the Interior (DOI) & Indian Health Service (IHS) Tribal Self-Governance Advisory Committee Meeting is July 29-31, 2014 in Washington, DC (http://www.ncai.org/events/2014/07/29/doi-ihs- tribal-self-governance-advisory-committee-meeting).
49th International Conference on Salish and Neighboring Languages may be in August 2014. More information is available at: http://icsnl.org/.
Puliima National Indigenous Language and Technology Forum 2014 may be in August 2014, in Melbourne, Australia. For details go to: http://www.puliima.com.
Language is Life Biennial Conference may be in September 2015. For details, visit: http://www.aicls.org/.
Eighth Minnesota Indigenous Language Symposium may be in September 2015. For details go to: http://www.grassrootsindigenousmultimedia.org/index.php?option=com_content&view=article&id=69&Itemid=1 37.
Native American Finance Officers Association 2014 Fall Finance & Tribal Economies is Conference September 8-10, 2014 Location TBD. For more information visit: www.nafoa.org
The United Nations high-level plenary meeting of the General Assembly: the World Conference on Indigenous Peoples is September 22-23, 2014, at UN Headquarters in New York City. The main objective of the World Conference on Indigenous Peoples is to share perspectives and best practices on the realization of the rights of indigenous peoples and to pursue the objectives of the United Nations Declaration on the Rights of Indigenous Peoples. For details visit: http://social.un.org/index/IndigenousPeoples/WorldConference.aspx.
National Indian Health Board (NIHB) Annual Consumer Conference is at Navajo Nation, September 22-26, 2014 (http://www.ncai.org/events/2014/09/22/nihb-annual-consumer-conference).
The 40th Anniversary International Indian Treaty Council Conference, will likely be in October 2014. Details will eventually be posted at: http://www.treatycouncil.org.
Foundation for Endangered Languages EL XVIII may be in October 2014. For details visit: http://www.ogmios.org.
The Indigenous Leadership Development Institute, Inc. (ILDI) is holding the 2014 World Indigenous Business Forum in Guatemala City, Guatemala, Possibly in October 2014. For details visit: http://wibf.ca/.
Department of the Interior (DOI) Indian Health Service & IHS Tribal Self-Governance Advisory Committee Meeting is October 7-9, 2014, is in Washington, DC (http://www.ncai.org/events/2014/10/07/doi-ihs- tribal-self-governance-advisory-committee-meeting).
The Indigenous Leadership Development Institute, Inc. (ILDI) is holding the 2014 World Indigenous Business Forum is in Guatemala City, October 27-31, 2014. For details visit: http://wibf.ca/.
Annual, Sunrise Gathering on Alcatraz Island may be in October or November 2014. For details go to: http://www.iitc.org/conferences-events/community-events/.
10 International Conference on Endangered Languages in Europe may be in October 2014. For information go to: http://www.cidles.eu/events/conference-ele-2013/.
Fifth Annual ILI Symposium may be October 2014, For information visit: http://ilinative.org/iliss/OnlineRegistration2013.html.
The Latin American Studies Association section on Ethnicity, Race, and Indigenous Peoples is putting on The Fourth Conference on Ethnicity, Race, and Indigenous Peoples in Latin America and the Caribbean, may be in October 2014, in Oaxaca, México. Details may be at: http://www.tercera-conferencia-erip-lasa-2013.org/.
45th Annual National Indian Education Association may be in October or November 2014. For details go to: http://www.niea.org/events/overview.php.
19th La Cosecha Dual Language Conference is November 19 - 22, 2014 in Santa Fe, NM. For information visit: http://www.dlenm.org/.
NCAI 71st Annual Convention & Marketplace is Oct 26-31, 2014 in Atlanta, Georgia. For details go to: http://www.ncai.org/conferences-events/ncai-events.
STEAM (Science Technology Engineering Arts and Math): The Wisdom of Our Languages & Cultures 40th Bilingual Multicultural Education / Equity Conference, may be, November 2014. For details visit: http://bmeec.net/.
MEES Australia in cooperation with the Eduarda Foundation, Inc. may hold the 2014 National Indigenous Health Conference in November, 2014. For details contact: Mike Edubas: [email protected].
7th Annual Tusweca Tiospaye 2014 Lakota Dakota Nakota Language Summit: "Uniting Our First Nations to Save Our Languages" is November 12-14, 2014, in Rapid City, SD. For details visit: http://tuswecatiospaye.org/2014savethedate.
The 2014 Lakota, Dakota, Nakota Language Summit is in Rapid City, SD, November 13-15, 2014. For details go to: http://www.tuswecatiospaye.org/.
Eleventh international conference on environmental, cultural, economic and social sustainability is at the Scandic Copenhagen Hotel, Copenhagen, Denmark from 21-23 January 2015. The On Sustainability knowledge community is brought together by a common concern for sustainability in an holistic perspective, where environmental, cultural, economic and social concerns intersect. For details go to http://onsustainability.com/2015- conference?utm_source=Dan%27s+Promo&utm_medium=Email&utm_campaign=S15A+Dan%27s+Promo.
The NCAI 2015 Executive Council Winter Session is February 23-25, 2015 at the L’Enfant Plaza Hotel, Washington, DC. For details go to: http://www.ncai.org/Conferences-Events.7.0.html.
National RES (Reservation Economic Summit) Las Vegas is March 9- 12, 2015 in Las Vegas, Nevada (ttp://www.ncai.org/events/2015/03/09/national-res-reservation-economic-summit-las-vegas).
NICWA Annual Conference: 33rd Annual Protecting Our Children National American Indian Conference on Child Abuse and Neglect is April 19-22, 2015 in Portland, OR. For more information visit: www. nicwa.org.
The NCAI 2015 Mid Year Conference is in June, 2015. For details go to: http://www.ncai.org/Conferences- Events.7.0.html.
11 National Indian Health Board (NIHB) Annual Consumer Conference is in the Nashville, TN Area, September 21-22, 2015 (http://www.ncai.org/events/2015/09/21/nihb-annual-consumer-conference).
The Indigenous Leadership Development Institute Inc. (ILDI), O’ahu, Hawaii, is host for World Indigenous Business Forum 2015, possibly in October 2015. for details go to: http://wibf.ca/.
72nd Annual Convention and Marketplace is October 18-Oct 23, 2015 , in San Diego, CA. For details go to: http://www.ncai.org/Conferences-Events.7.0.html.
Eleventh Native American Symposium and a performance event may be in November 2015, possibly at Southeastern Oklahoma State University in Durant, Oklahoma. For details visit www.se.edu/nas/, or contact Dr. Mark B. Spencer, Department of English, Humanities, and Languages, Box 4121, Southeastern Oklahoma State University, Durant, OK 74701-0609, [email protected]
The 2015 Lakota, Dakota, Nakota Language Summit is in Rapid City, SD, November 19-21, 2015. For details go to: http://www.tuswecatiospaye.org/.
USHRN Bi-annual Human Rights Conference may be in December 2015. For more information and registration: http://www.ushrnetwork.org/.
The NCAI 2016 Executive Council Winter Session is February 22-24, 2016 , in Washington, DC. For details go to: http://www.tuswecatiospaye.org/.
National Indian Child Welfare Association's (NICWA) 34th Annual Conference , Protecting Our Children National American Indian Conference on Child Abuse and Neglect is April 3-6, 2016 in St. Paul, Minnesota (http://www.ncai.org/events/2016/04/03/nicwa-annual-conference).
National Indian Health Board (NIHB) Annual Consumer Conference is in the Tucson, AZ Area, September 19-23, 2016 (http://www.ncai.org/events/2016/09/19/nihb-annual-consumer-conference).
National Indian Health Board (NIHB) Annual Consumer Conference is in the Billings, MT Area, September 25-29, 2017 (http://www.ncai.org/events/2017/09/25/nihb-annual-consumer-conference).
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ONGOING ACTIVITIES Steve Sachs
Environmental Activities
GreenPeace, August 6, 2012, http://ctndigital.com/gp/summer_donate_V4/, was engaged in a campaign to “Stop Herakles Farms,” saying, “A U.S. corporation called Herakles Farms is planning to plow down a piece of rainforest in Cameroon ten times the size of Manhattan to build a palm oil plantation. New evidence obtained by Oakland Institute and Greenpeace International reveals that Herakles Farms has been seriously misrepresenting the nature of its palm oil project in Cameroon to potential investors, Cameroonian communities on the ground and the Cameroonian government. Furthermore, Greenpeace International and the Oakland
12 Institute have new evidence suggesting that Herakles Farms has used bribery, cash gifts, and promises of employment to win support for its project in Cameroon. Herakles Farms operations would also put endangered wildlife like African elephants and chimpanzees at risk. Send a message to Bruce Wrobel, the CEO of Herakles Farms, demanding that his company drop plans to destroy rainforests for palm oil in Cameroon.”
Greenpeace activists, whose ship was seized near a Russian drilling platform, and some of its crew had borded the platform to peacefully protest the drilling, in September, were being be prosecuted for piracy by Russian authorities (Steven Lee Myera“Greenpeace Activists May Face Russian Piracy Charges,” The New York Times, September 24, 2013, http://www.nytimes.com/2013/09/25/world/europe/greenpeace-activists- face-possible-piracy-charges-in-russia.html?ref=todayspaper&_r=0; Andrew E. Kramer, “Russia Accuses Greenpeace Activists of Piracy,” The New York Times, October 2, 2013, http://www.nytimes.com/2013/10/03/world/europe/russia-accuses-5-greenpeace-activists-of- piracy.html?ref=todayspaper&_r=0). Charges were later lowered to holiganism. 350.org has continued its campaign against the Keystone XL Pipeline which would carry tar sands oil mined and initially processed in Alberta to refineries in the Gulf of Mexico for export. On September 20-21, 350.org held protests across the U.S., commenting, “After years of organizing, years of building strength in the movement and building resistance to the Keystone Pipeline- today was really something to see. Thousands of people in hundreds of cities drawing one line to protect our future. But today was also more than fighting the pipeline -- it was also about showing the strength and power, and how people can overcome the corruption of the fossil fuel industry. Two years ago, when 1253 people ricked arrest in front of the White House taking a stand against the Keystone XL pipeline, we showed President Obama that the movement was deeply committed to this fight. Since then, we have grown in tremendous ways: in the continued resistance along the southern leg of the Keystone XL Pipeline, the fight to keep Obama from approving the Northern leg, the organizing against pipelines in the Northeast and Midwest, the Indigenous resistance on First Nations land, communities fighting refineries burning tar sands oil, and costal communities fighting exports -- we are so big, and so strong, and so creative.” “350 Seattle had over a thousand people draw the line between the Puget Sound and the train tracks that could lead to exporting an inflated fossil fuel dependency. In Texas, folks drew the line against the southern leg of the Keystone XL Pipeline right on TransCanada's home turf. On New Orleans, a marching band drew the line against continued threats to the Gulf Coast communities. In Nebraska, landowners built a barn ON the line of the proposed northern segment of the Keystone XL pipeline. In Detroit, the line was drawn between residents and refineries burning tar sands. Today we were in many different places, doing many different things, but we were drawing one line, in between our future and the people who would threaten it with their greed. And we will defend it.” Anti Keystone events continued throught the fall including, on Saturday, October 19, Move On.org Global Frackdown, in collaboration with many organizations, with more than 200 events on six continents, with events including marches, demonstrations, showings of the documentary, Gaslands II, etc. For more information go to www.moveon.org.
Hannah Ellman, “Stop the Destruction, Start the Healing”: Tar Sands Healing Walk,” July 23, 2013 http://www.culturalsurvival.org/news/stop-destruction-start-healing-tar-sands-healing- walk#sthash.rQuh92B8.dpuf, reported, “On July 5 and 6, 2013 in Fort McMurray, Alberta, Canada hundreds of people gathered to walk with the First Nation peoples in an effort to heal the people and the landscape who are negatively affected by the tar sands expansion.”
Idle No More sponsored an international Day of Action in communities around the world on October 7th, 2013, near the conclusion of the Sovereignty Summer campaign, launched on June 21, Aboriginal Day in Canada. Sovereignty Summer is a campaign of coordinated non-violent direct actions to promote Indigenous rights and environmental protection in alliance with non-Indigenous supporters. The campaign focuses specifically on six calls for change which the movement would like to accomplish: 1) Repeal provisions of Bill C-45 in Canada (including changes to the Indian Act and Navigable Waters Act, which infringe on environmental protections, Aboriginal and Treaty rights) and abandon all pending legislation which does the same. 2) Deepen democracy in Canada through practices such as proportional representation and 13 consultation on all legislation concerning collective rights and environmental protections, and include legislation which restricts corporate interests. 3) In accordance with the United Nations Declaration on the Rights of Indigenous Peoples’ (UNDRIP) principle of free, prior, and informed consent, respect the right of Indigenous peoples to say no to development on their territory. 4) Cease its policy of extinguishment of Aboriginal Title and recognize and affirm Aboriginal Title and Rights, as set out in section 35 of Canada’s constitution and recommended by the Royal Commission on Aboriginal Peoples. 5) Honor the spirit and intent of the historic Treaties. Officially repudiate the racist Doctrine of Discovery and the Doctrine of Terra Nullius, and abandon their use to justify the seizure of Indigenous Nations’ lands and wealth. 6) Actively resist violence against women and hold a national inquiry into missing and murdered Indigenous women and girls, and involve Indigenous women in the design, decision-making, process and implementation of this inquiry, as a step toward initiating a comprehensive and coordinated national action plan. Additional Idle No More events include: September 21 – Draw the Line against the KeyStone XL! On September 21st many groups across the US including regional Idle No More solidarity groups organized actions to show President Obama that it’s time to draw the line, and stop Keystone XL for good. October 4 –the 3rd Annual Families of Sisters in Spirit Vigil 2013: Families of Sisters in Spirit believes that no decisions can be made on behalf of Indigenous women, families, communities and Nations without their free, prior, informed consent. This demands their DIRECT leadership in any/all processes. 4. October 12-20 – The United Nations Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, Visited Canada. James Anaya, who recently called on all countries to respect treaties with Indigenous Peoples, visited in October to examine the human rights situation of Indigenous peoples. Anaya, whose request to visit Canada was ignored by the Harper government for over a year, issued a report on extractive industries and Indigenous Peoples in September. For more information visit Idle No More’s new web site: http://www.idlenomore.ca/events.
The Nez Perce Tribe of Idaho, attained a temporary injunction in Federal District Court, on an assertion of treaty rights, having initially blocked the road through its reservation, to stop the trucking across its territory of huge equipment bound for Alberta to process tar sands oil, pending the decision of the case on its merits (Kirk Johnson, “Fight Over Energy Finds a New Front in a Corner of Idaho,” The New York Times,”: September 25, 2013, http://www.nytimes.com/2013/09/26/us/fight-over-energy-finds-a-new-front-in-a- corner-of-idaho.html?ref=todayspaper). Environmental Action, in early August, https://secure3.convio.net/engage/site/Advocacy?pagename=homepage&page=UserAction&id=8743&autologin=t rue&AddInterest=4141&JServSessionIdr004=zuplp73hgj.app333b, joined other groups in demanding EPA investigate fracking, saying, “Over the past year, the Environmental Protection Agency has repeatedly shut down its own fracking-related water contamination investigations after being pressured by the oil and gas industry. Thanks to EPA whistleblowers, the Los Angeles Times reported that the fracking investigation in Dimock, PA, was shut down despite evidence from EPA's water tests that Dimock's drinking water was polluted. The EPA has also shut down fracking investigations in Wyoming and Texas. The early results of all three investigations showed that the EPA had evidence linking gas drilling and fracking operations to groundwater contamination; yet instead of protecting people in these areas, the EPA ignored its own scientific data and abandoned the investigations. It's time for the EPA to do its job and protect the drinking water of the American people from toxic fracking. Reopen the EPA investigations in Dimock, Pa., Pavillion, Wyo., and Weatherford, Texas and provide safe drinking water to the residents of those communities while these investigations commence.”
Food and Water Watch in New Mexico, http://act.foodandwaterwatch.org/site/R?i=Pa1MfazfFayKDWz3IMQ-vA, was engaged in a campaign, in August 2013, against fracking on public lands, including, “In my more than 30 years in New Mexico, I have been fortunate enough to spend many wonderful hours at Chaco Canyon. It's a mysterious place once home to thousands of inhabitants between 850 and 1250 AD. The ruins of great houses still stand showing architectural expertise and masonry techniques unique to their time.” “Chaco Canyon is threatened on all sides. The surrounding land is a 14 checkerboard of Navajo land and public lands. Leases for oil and gas drilling have been granted in the area, but these new rules for drilling on public land could mean even more drilling. Grassroots organizations have pressured those that locally manage the land around Chaco Canyon to create a three-mile buffer zone around Chaco and all other parks in New Mexico, but nothing has ever been formalized. If we don't act now to suspend fracking on public lands around the canyon, we will see the deterioration of this precious ruin. Help save Chaco Canyon by telling the Obama administration to ban fracking on public land. These ruins are not only treasures for New Mexicans, but for all indigenous peoples of the Earth. Those of us who are privileged to walk Chaco Canyon present day are indebted to these unknown architects for the vision they created in this once thriving center of North American culture. The canyon is one of only 20 World Heritage Sites in the U.S. designated by UNESCO in 1987 as an example of world cultural patrimony.”
Dan Frosch, “Environment Groups Set for New Fight Over Drilling on U.S.-Managed Utah Land,” The New York Times, September 18, 2013, http://www.nytimes.com/2013/09/19/us/environment-groups-set-for-new- fight-over-drilling-on-utah-land.html?ref=todayspaper, reported, “The San Rafael Swell, with its miles of twisting sandstone spires and towering mesas, has long been a draw for hiking and canyoneering, and has even been considered for designation as a national monument. So last month, when the federal Bureau of Land Management announced its intention to open portions of the 2,000-square-mile stretch of central Utah for drilling by private oil and gas companies, conservation groups reacted with alarm,” and began campaigning against the increase in drilling leases.” Five North Dakota Indian nations, attempting to protect the Killdeer Mountain region from oil drilling, passed a resolution, in September 2013, opposing the building of a 200 mile power line from the Antelope valley tation power plant to Beulah, near Tioga, that would bring power for increased drilling to the Bakken oil fields. The Department of Agriculture must approve the power line construction ("Tribes pass resolution opposing power line," News Fom Indian Country, September 2013). The Alaska Wilderness League joined Alaska Native leaders, conservationist partners, fifteen costumed polar bears and dozens of other concerned Americans at a rally in front of the White House, October 3, 2013, delivering more than 500,000 public comments in opposition to plans to drill in the Arctic Ocean. A video is available at: http://act.alaskawild.org/go/429?t=1&akid=573.80367.8Ea9p2. Prior to the event, the costumed polar bears stopped in communities across the United States to draw attention to effects of our climate crisis, felt not just in the Arctic, but nationwide. “Our polar bear rally is over, but our fight to stop Arctic drilling is only getting more intense. On Friday, the government formally requested feedback from the oil industry on potential drilling sites in the Arctic Ocean. While the government stated that ‘they hope to balance future oil development in the region with the need to preserve the unique Arctic ecosystem and subsistence fishing in the area,’ we know that's not possible in the Arctic Ocean's harsh climate. Shell's 2012 oil rig crash demonstrated that oil companies are not ready to drill in the unique environment that polar bears and endangered bowhead whales call home. Luckily, based on Shell's performance, Shell and others have decided to forego drilling - at least for this year.
15 http://act.alaskawild.org/go/426?t=7&akid=573.80367.8Ea9p2. For further information visit: http://act.alaskawild.org.
“Tell the EPA to Investigate Fracking Water Contamination,” Food and Water Watch, September 34, 2013, https://secure3.convio.net/fww/site/Advocacy;jsessionid=599B6412BF9333874854854A9E8F733A.app331a?page name=homepage&page=UserAction&id=919&autologin=true&s_src=so&s_subsrc=0913, was concerned that the Environmental Protection Agency was failing to do its job concerning fracking, saying, “Fracking Contaminated Water from Dimock, PA: Over the past year two years, the Environmental Protection Agency has repeatedly shut down its own fracking-related water contamination investigations after being pressured by the oil and gas industry. 1. Parker County, TX – The EPA began an investigation after a homeowner reported that his drinking water was bubbling like champagne. But after fracking company Range Resources threatened not to participate in another study in March 2012, the EPA set aside the "smoking gun" report connecting methane migration to fracking. 2. Dimock, PA – The mid-Atlantic EPA began testing water in Dimock, PA after residents complained that their drinking water was contaminated from nearby fracking operations. But the federal EPA closed the investigation in July 2012 even after the staff members who had been testing the water warned of methane, manganese and arsenic contamination. 3. Pavilion, WY – The EPA released a draft report in 2011 linking fracking to contamination of an underground aquifer. After drawing criticism from the oil and gas industry, the EPA handed the investigation over to the state of Wyoming in June 2013 to be completed with funding from EnCana, the drilling company charged with contaminating the water wells in the first place. This is unbelievable, and totally unacceptable. The EPA is supposed to protect American citizens from threats like fracking, not bow to the oil and gas industry.”
The Lummi Nation of Washington has been fighting the Cherry Point, WA export terminal construction that would greatly increase U.S. coal exports, and hence production and transportation, supported by complaints from health care professionals and environmentalists about the injury to health and the environment from the huge amount of coal dust that would be involved in coal transportation (“PBS Newshour: Lummi Fighting Cherry Point Coal Export Terminal,” ICTMN, August 4, 2013, http://indiancountrytodaymedianetwork.com/2013/08/04/pbs-newshour-highlights-lummi-battle-over-cherry-point- coal-export-terminal-150726).
“Wetlands Walkers Back on Trail, Furthering Efforts to Protect Native American Sacred Places,” Cultural Survival, September 5, 2013, http://www.culturalsurvival.org/news/wetlands-walkers-back-trail-furthering-efforts- protect-native-american-sacred-places#sthash.G7P56QhQ.dpuf, reported that in a follow up to American Indian efforts, particularly by students and faculty at adjacent Haskell Institute, “Plymouth, IN: On May 13, 2013 students from several universities left Kansas on a two-month journey to Washington, DC, to save the Wakarusa Wetlands, Lawrence’s only remaining indigenous wetland prairie, from becoming the South Lawrence Trafficway (SLT). They referred to their journey as the Trail of Broken Promises and beginning this September they will continue to endorse the protection of Native American sacred places by traveling with the Trail of Death Association’s 6th Commemorative Caravan.”
“STOP A MOBILE CHERNOBYL!” Organize Powered by CREDO, August 2013, http://org.credoaction.com/petitions/stop-a-mobile-chernobyl?akid=8620.1313914.NtO7oW&rd=1&t=2, was involved in a campaign aimed at the U.S. Senate Energy Committee, created by Michael Mariotte, “Stop a Mobile Chernobyl: No Fukushima Freeways,” saying, “Congress is considering legislation that would establish "consolidated interim storage" sites for high-level radioactive waste. This would initiate the unnecessary transport of tens of thousands of casks of lethal radioactive waste on our roads and railways for the sole benefit of the nuclear power industry, while endangering the health and safety of millions of Americans. Please vote against any legislation that would establish consolidated "interim" storage sites for radioactive waste.”
16 “Campaign Update– Guatemala: Declaration of the Second Gathering of the Q'anjob'al Nation,” Cultural Survival, August 28, 2013, http://www.culturalsurvival.org/news/campaign-update-guatemala-declaration-second- gathering-qanjobal-nation, reported, “On August 21 – 23, leaders and representatives of twenty Maya Q'anjob'al communities in northern Huehuetenango and Chiapas, Mexico, gathered in San Juan Ixcoy, Huehuetenango to discuss the ongoing imposition of large-scale development projects on their territory and to continue generating strategies for unified resistance moving forward. The three day, cross-border event focused on the reconstitution and autonomy of the Q'anjob'al peoples through the strengthening of the cultural, social, economic and political ties that have historically linked indigenous communities in the border zone between Guatemala and Mexico. In welcoming the community representatives Francisco Mateo Morales of the Departmental Assembly of Huehuetenango (ADH) explained the essence of the cross-border gathering: ‘Before we were divided and dispersed in towns, municipalities and countries, we were one, united people. Now our border communities are threatened by the same mega-projects – a new invasion armed with the discourse of false development. We are gathered here to continue the dialogue in order to construct new initiatives, new paths and alternatives for development.’ The gathering reiterated the legitimacy of the community consultation as an expression of cultural and political identity, and as an important tool by which indigenous peoples exercise their nationally and intentionally recognized right to free, prior and informed consent. In 2006 the Huehuetenango communities of Concepción Huista and Santa Eulalia were the first to carry out community consultations. In 2009, eight municipalities located in northern Huehuetenango, together with the Departmental Assembly of Huehuetenango and the Western Peoples' Council (CPO), were the first to declare their territory “free of mining and mega-projects”. Despite this, the Q'anjobal people of Santa Cruz Barillas, in Huehuetenango, Guatemala, have been struggling against the violent coercion of a Spanish hydroelectric company Hydro Santa Cruz who intends to install a dam on the Q'am B'alam river in their community. DECLARATION OF THE SECOND GATHERING OF THE Q'ANJOB'AL NATIONALITIES (Click here for original Spanish-language document): ‘We are decedents of the Maya Civilization, gathered together at the start of the New Era Jun Tun, Jun Katún, Jun B’aktunes, on the days Oxlajon Watan, Jun K'ana' y Kab' Ab'ak, in the place known as Oyeb’ Tx’o’ Konob’, at the foot of the Sacred Place Kab'tz’in, in Q'anjob'al territory, known today as the Municipality of San Juan Ixcoy. The leaders of Yalimox, Jolom konob', Oyeb Tx’o’ Konob’, Tz'unun Ha', Wajxaklajunh, Yaxb'atz', Hakatan, Tajlaq, Xajlaj, Concepción Huista, San Atonio Huista, Santa Ana Huista, Tila, San Juan Cancuc, Ixtapa Nibak, Las Margaritas, La Trinitaria, Ch'enalvo, San Cristóbal Jovel, Chanja' nationalities of the Q'anjob'al, Chuj, Akateka, Popti', Chol, Tojolab'al, Tzeltal y Tzotzil nation, come together at the Second Gathering of the Mayab' Q'anjob'al Nationalities to share our smiles, happiness and congratulations, and to unite our thoughts, ideas and words with strength and cosmic energy. Despite the force with which the new invasion attempts to once again plunder our territory, our peoples have jointly worked to strengthen our political, social, economic, cultural and environmental struggles in order to continue our path toward the reconstitution of our nationality according to our cosmovision inherited from our ancestors. Conscious of the role we play today before our families, our communities, our peoples, and the world, in this Second Encounter of the Mayab' Q'anjob'al Nationalities: WE DECLARE: Since the date of the First Gathering until today, the Nation States have increased the handing over of the natural resources of our territories to transnational companies and corporations. At the same time, the States have increased their servility in favor of the above-mentioned companies and corporations by militarizing communities. The justice system functions in support of mega-projects and the States' public policies work in collaboration with business interests, resulting in the flagrant violation of our nationally and internationally recognized individual and collective rights. The elements, natural resources and assets that exist in our territories are our treasure, our wealth and our invaluable ancestral inheritance, and it is up to us to administer these resources according to our cosmovision. Decisions regarding the administration of these resources belong to the original peoples, and not the government nor the companies. The governments and the companies only provoke conflict, pain, fear, anguish, persecution, imprisonment, abduction, torture and assassinations in our territories. We reiterate our commitment to continue defending our mother earth, the sacred corn, the water, the forests, the mountains, our families, our communities and our people, making use of our own values, principles and ancestral practices with the firm conviction to maintain governability, strengthen democracy and to continue strengthening the unity of the Q'anjob'al nationalities. We will also base this effort on national and international legislation. The Patq'um, the Q'umlb'ail, the Lajti', among others, are our peoples' social political systems based on our own consmovision
17 through which we continue to practice the construction of consensus, agreements and actions in order to strengthen the Q'anjob'al nationalities. We resume and strengthen political, economic, social and cultural exchange between our peoples, overcoming the obstacles of the administrative and political limits imposed by the States. We commit to continue working to re-establish the ancestral autonomy of our Q'anjob'al nationalities and not allow our small differences to convert into obstacles, but rather to recognize our diversity as our cultural wealth. The Nationalities of the Q'anjob'al People are not represented by the Guatemalan or Mexican states; that is to say, we are a Nation without a State. Therefore, we will tirelessly fight with other nationalities of Maya descent for the construction of Plurinational States in order to no longer be a Q'anjob'al Nation without a State. Oyeb Tx’o’ Konob’, Kab’ Ab’ak. San Juan Ixcoy, August 23, 2013. Re-posted from NISGUA”.
“‘We’ll fight against oil exploration’, Brazilian Indians declare August 30, 2013, http://www.survivalinternational.org/news/9522, reported, “Brazilian Indians have stated that they will not accept oil exploration on or near their lands, that they will ‘fight against the National Petroleum Agency’ and that they are more united than ever before in their fight for their rights. The declaration follows a meeting where Matsés, Marubo, Matís and Kanamary Indians of the Javari Valley indigenous territory discussed projects which oil companies and the Brazilian and Peruvian governments are planning to implement near their forest. In an open letter, the Indians ask Brazil’s Public Prosecutors’ Office and the Inter- American Commission on Human Rights to urge the two governments to put a stop to all oil exploration in the area. They state that they do not accept the Peruvian government’s oil projects near the Jaquirana river, as ‘they affect uncontacted Indians from both countries and the Matsés ancestral land on the border, by polluting the springs and the Javari river.’ Matsés Indians on both sides of the border are strongly opposing Canadian oil giant Pacific Rubiales, which has started to explore for oil in the Peruvian Amazon. The Javari Valley is home to the highest concentration of uncontacted tribes in the world. Uncontacted Indians are particularly vulnerable as they depend completely on their forest for their survival. Any contact with the oil companies’ employees could prove fatal for the Indians who have little resistance to outside diseases. In their declaration, the Indians call for a meeting with Brazil’s President Rousseff to discuss their concerns and demands, and urge the government to consult all the indigenous peoples of the Javari Valley before making any decisions that will affect their lands. They warn that they do not want to see a repetition of the tragedy they suffered in the 1970s and 1980s, when projects implemented by Brazilian company Petrobras ‘destroyed our homes and gardens, blew up our lakes and streams polluting the springs and leading to the death of several Indians, brought disease to our communities and malaria to the region, and brought an accumulation of litter to our territory, damaging the flora and fauna’.” See the full declaration (in Portuguese) at: http://trabalhoindigenista.org.br/noticia.php?id_noticia=163. The National Wildlife Federation (NWF), “Bottlenose dolphins are dying in unprecedented numbers in the region affected by the BP oil disaster,” October 13, 2013, http://online.nwf.org/site/R?i=kpXfw5xmhlzeTVf4VF0Kfw, commented, "Dolphins in the most heavily oiled areas are suffering from anemia, painful damage to their lungs and livers, and low hormone levels— symptoms that may have been caused by oil exposure. Just last week, the trial to determine how much BP will pay in fines for damages caused by the oil spill resumed in federal court. The dolphins’ recovery depends on those fines and penalties being used to restore the ecosystem and habitats where they live! Help protect dolphins in the Gulf of Mexico—urge the Secretary of Commerce to make sure oil spill money is used to restore dolphin habitats. Dead bottlenose dolphins continue to wash up on shores along the Gulf of Mexico and populations living closest to the oil spill were hit particularly hard. In fact, a study of dolphins off the coast of Louisiana concluded that the survival prospect for many is grim. It’s been three years, but wildlife in the Gulf is still suffering. It is crucial to make our voices are heard as decisions are already being made about where and how the BP restoration money will be spent.” “It’s not only critical that BP be forced to pay fines that reflect the full magnitude of the damage done to wildlife in the Gulf, but also that the money goes toward restoring the Gulf of Mexico’s delicate ecosystem. For dolphins to recover, environmental restoration must happen along the shorelines and beaches, in the wetlands and estuaries, and even in rivers and streams that feed the Gulf. Furthermore, we need to make sure the money is not used to subsidize coastal development that could cause further damage to habitats for dolphins and other species that live in the Gulf of Mexico. If public pressure isn’t put on the Commerce
18 Department now, BP’s penalties may not be used to restore habitat for dolphins and other wildlife. Even worse, some of the funds could be used on projects that could actually harm the Gulf ecosystem, like new highway and dredging projects and port expansions.”
"Harvey Wasserman"
The Nuclear Information Resource Service, stated in late November 2013, "The nuclear industry is on the run in 2013. Spurred on by high costs and citizen activism from coast-to-coast, five nuclear reactors have announced permanent shutdowns this year--the most ever in one year. The proposed Calvert Cliffs-3 reactor was denied a license due to NIRS' intervention, and utilities have cancelled seven other proposed new reactors! Meanwhile, clean solar and wind power is growing by leaps and bounds--and providing a cost- effective alternative to obsolete nuclear power and fossil fuels. Let's keep it up! We are engaging, empowering, educating and mobilizing people across the country to create the climate that will lead to the nuclear-free, carbon- free energy future our nation and planet need and deserve." "We are building a movement to create a nuclear-free, carbon-free, sustainable and affordable energy future." For more information contact NIRS, 6930 Carroll Avenue, #340, Takoma Park, MD 20912, http://www.razoo.com/story/Nuclear-Information-And-Resource-Service.
Opponents of Uranium Mining on Mount Taylor (the sacred Turquoise Mountain marking the eastern end of Navajo traditional land) in New Mexico held a protest in Albuquerque, NM, May 10, 2013 (Alastair Lee Bitsoi, "Protestors oppose uranium mining on Mount Taylor, " Navajo Times, May 16. 2013).
Care2 reported, October 19, 2013, “More and more seals are being found dead along Scotland's coast, butchered by the blades of ship propellers. So far, no one has been held responsible for these deaths,” and is running a petition campaign for the Scottish government to hold those causing the seal deaths responsible. For information go to: http://www.care2.com/go/z/e/AhYM6/zoIP/JroH.
Earth Justice, “A Cruel Taste For Sharks,” July 2013, http://action.earthjustice.org/site/R?i=sDV2Py7a39QHKAxvVTTb_A, is among other groups joining the shark preservation efforts of the Pew Charitable Trusts, begun in June 2013, saying. “After surviving 450 million years, sharks are being sipped into extinction by a worldwide taste for soup made from their fins. The fins are hacked off living sharks, killing them faster than they can reproduce. You can help stop this cruelty by joining our effort to protect them, http://action.earthjustice.org/site/R?i=RIhK7CYwMpYFfg04MYLFBA.”
The Center for Biological Diversity, http://action.biologicaldiversity.org/p/dia/action3/common/public/?action_KEY=14544, was concerned in
19 November 2013 that, “ Since 2006 a deadly fungal disease called white-nose syndrome has killed nearly 7 million North American bats, pushing several species to the brink of extinction and creeping farther across the country every year. But at least one of these species may get big help from the feds: The U.S. Fish and Wildlife Service has proposed to protect northern long-eared bats under the Endangered Species Act. These bats have declined by 98 percent over a large portion of their range, and have been waiting a painfully long time for an emergency rescue. But -- just as life-saving protections are in sight -- the Service's proposal to protect the creatures could be derailed by greedy energy companies, who are lining up to limit the bat's protection.” Therefore, the Center was engaged in a campaign to tell the Fish and Wildlife Service to protect northern long-eared.
"Greenvolved is kind of like the Kickstarter for the environment: it’s an online platform for people to find an environmental project they support and then follow its progress. Projects receiving the most votes get funded by forward-thinking corporations that want to give back. This enables people to have a voice in deciding where corporate dollars are directed, making it simple (and free!) for people to have an impact. Greenvolved has developed criteria for which businesses are allowed to sponsor their environmental projects. Companies must pass an environmental due diligence (EDD) process that reviews their production processes, environmental impact assessments, and other efforts at sustainability. This will ensure companies are genuine in their sponsorship of the important work environmental NGOs are doing around the world. If you are interested in learning more and seeing the website in action, please visit www.Greenvolved.com. If you would like to talk about the company or have any questions, please email Neil Aronson at [email protected]."
U.S. Activities
The National Congress of American Indians (NCAI) published a report, "Ending the Legacy of Racism in Sports and the Era of Harmful 'Indian' Sports Mascots', October 2013, http://www.ncai.org/attachments/PolicyPaper_mijApMoUWDbjqFtjAYzQWlqLdrwZvsYfakBwTHpMATcOroYo lpN_NCAI_Harmful_Mascots_Report_Ending_the_Legacy_of_Racism_10_2013.pdfhttp://www.ncai.org/attachm ents/PolicyPaper_mijApMoUWDbjqFtjAYzQWlqLdrwZvsYfakBwTHpMATcOroYolpN_NCAI_Harmful_Masco ts_Report_Ending_the_Legacy_of_Racism_10_2013.pdf, finding overal, "'Indian' sports brands used by professional teams were born in an era when racism and bigotry were accepted by the dominant culture. These brands which have grown to become multi-million dollar franchises were established at a time when the practice of using racial epithets and slurs as marketing slogans were a common practice among white owners seeking to capitalize on cultural superiority and racial tensions. Over the last fifty years a ground swell of support has mounted to bring an end to the era of racist and harmful 'Indian' mascots in sports and popular culture. Today, that support is stronger than ever. Rooted in the civil rights movement, the quest for racial equality among American Indian and Alaska Native people began well before the National Congress of American Indians (NCAI) established a campaign in 1968 to bring an end to negative and harmful stereotypes in the media and popular culture. While these advances have been positive, equality still remains elusive in everyday life for Native peoples. Native peoples remain more likely than any other race to experience crimes at the hands of a person from another race. Native youth experience the highest rates of suicide among young people. With studies showing that negative stereotypes and harmful 'Indian' sports mascots are known to play a role in exacerbating racial inequity and perpetuating feelings of inadequacy among Native youth, it is vital that all institutions—including professional sports franchises—re-evaluate their role in capitalizing on these stereotypes. Since 1963, no professional teams have established new mascots that use racial stereotypes in their names and imagery. In 2005, the National Collegiate Athletic Association (NCAA) established an extensive policy to remove harmful “Indian” mascots. There has also been a strong trend to remove harmful “Indian” mascots at the high school level, including 28 high schools that have dropped the 'R' word as their mascot’s name. Hundreds of tribal nations, national tribal organizations, civil rights organizations, school boards, sports teams, and individuals have called for the end to harmful “Indian” mascots. Yet, contrary to industry best practices, calls for name changes by tribal nations and Native peoples, and a sea change at the youth, amateur, collegiate, and professional sports levels, a number of professional sports leagues and teams have opted to retain harmful 'Indian' brands, rather than truly honor Native peoples. The most discussed in
20 the media of late has been the Washington football team, which uses the term 'Redsk*ns.'1 This derogatory name was created in 1932 – while the federal 'Civilization Regulations' were still in place, confining Native people to reservations, banning all Native dances and ceremonies, confiscating Native cultural property and outlawing much of what was traditional in Native life. That also was the year before owner George Preston Marshall instituted what would become a 13-year league-wide ban on African-American players from the NFL. (The Washington football team did not integrate until 30 years later, when Marshall was forced to do so)." The full document "outlines the position of NCAI, the nation’s oldest, largest, and most representative American Indian and Alaska Native advocacy organization, which has a clear position against derogatory and harmful stereotypes of Native people—including sports mascots—in media and popular culture. The information provided also includes historical and contemporary background information on 'Indian' sports mascots and the widely supported efforts to end the era of harmful and racist mascots. This document focuses primarily on the NFL’s Washington football team, which is currently engaged in a trademark lawsuit brought by Native youth. The document reviews the link between the name of the team and a legacy of racism established by the team’s owner George Preston Marshall. More importantly, the document outlines why this issue is directly tied to racial equity and social justice and calls on professional sports organizations such as the National Football League and other professional sports leagues and affiliated businesses to bring an end to the era of harmful 'Indian' sports mascots."
NCAI held an annual Briefing Meeting, November 13, 2013, just before the Annual White House Conference with Indian Nations. The Tribal Leaders Briefing Book – November 2013, http://files.ncai.org/broadcasts/2013/November/Tab%202%20-%20Framing%20Paper.pdf (For further background materials go to: http://goo.gl/5Lww90) set out: "ADVANCING OUR NATION-TO-NATION RELATIONSHIP: After five years of unprecedented achievements in advancing the relationship between tribal nations and the federal government, President Obama faces a unique opportunity to set the standard for tribal- federal engagement for generations to come. We trust the President and his Administration will work tirelessly over the next three years to keep the federal government’s commitments to tribal nations and to ensure tribes have the tools they need to fulfill their governmental responsibilities to their citizens. REALIZING INDIAN COUNTRY’S ECONOMIC POTENTIAL: Many of the recommendations in this briefing book outline opportunities to invest in Indian Country’s economic potential and build stronger economies that benefit all Americans. From alternative energy to broadband, education to international trade, tribes offer real solutions that can ensure economic security and build sustainable prosperity for generations to come. Since our first meeting with President Obama in 2009, tribes have been clear: we are not asking for a handout, we are asking for the federal government to keep its commitments. We urge the federal government to pay the obligations written into our treaties and to enable tribes to fulfill their constitutional responsibilities as governments. Tribes can contribute to a robust American economic recovery, but to do that we need the flexibility to rebuild our own nations. To use the resources we earn within our own boundaries to build and strengthen our economies. The President has set a new standard for engaging with tribal nations. Many of the economic barriers faced by tribes are explained by one of two failures by the federal government: (1) failure to meet treaty commitments to tribal nations and (2) failure to acknowledge the inherent sovereignty of tribes and ensure federal policy recognizes government parity between tribes and states. To fully realize Indian Country’s economic potential – for the nation and for the more than 5 million citizens that are served by tribal nations – the federal government must work tirelessly to enable tribes to fulfill their rightful, constitutional place in the American family of governments. TRANSFORMATIVE ACTION ITEMS: Indian Country’s top priorities for actions that will transform our nation-to-nation relationship include: 1. Visit Indian Country. President Obama has led the transformation of our nation-to-nation relationship. He has changed the White House’s engagement with Indian Country and ensured that the transformation extends throughout the agencies. As we have seen in recent months, the American public still has much to learn about tribal nations and Native peoples. A Presidential visit to Indian Country offers a unique opportunity for President Obama to draw national attention to his commitment to our nation-to-nation relationship. As the President focuses on strengthening the economic recovery, his visit should coincide with a meeting of tribal leaders (not unlike his meetings with leaders of the G20, NATO, APEC, and other international leaders; or his regular meetings with governors) and should involve a focused meeting to highlight strategies where partnerships between our 21 governments promise economic security for the United States. 2. Elevate our Nation-to-Nation Relationship in the Public Discussion. Recent policy developments, the growth of tribal economies, technology advances and other factors have increased the need to enhance understanding of tribal nations beyond the federal government. Recent national news stories have shown both the need to educate the American people about tribal nations and Native peoples (e.g. the “Baby Veronica” case) and the influence of the President’s voice on these issues (e.g. his stand against the name of the Washington NFL team). We urge the President to take every opportunity to increase the understanding of the media, the judiciary, policymakers at all levels, and the American people about the importance of tribal nations and Native peoples to America’s past, present, and future. We appreciate the opportunity to engage with the President at the Tribal Nations Conference. We look forward to hearing the President emphasize our unique relationship in the State of the Union, refer to tribal nations when emphasizing government innovation, cite tribal businesses when highlighting job creation efforts, include tribal colleges and universities when discussing education policy, and celebrate to our nation-to-nation relationship in remarks to the United Nations. 3. Promote Economic Security by Ensuring Governmental Parity between Tribes and States. Federal policy that fails to recognize governmental parity between tribes and states hurts the American economy by limiting the economic potential of tribal nations. The President should act to ensure tribes are recognized alongside their state government peers in federal policy. Acknowledging governmental parity in energy policy would promote tribal economic security and contribute to America’s energy independence. Full inclusion of tribes in federal tax reform as well as significant state tax reforms such as the Marketplace Fairness Act, promises significant economic benefits that would contribute to the rebuilding of tribal economies and regional economic success throughout the nation. Tribal leaders also urge the immediate scheduling of a meeting between tribal nations and incoming IRS Commissioner Koskinen. 4. Modernize the Trust Relationship. Recognizing the new era that has been launched by the finalization of Cobell and other trust settlements, the President should require the Department of the Interior to take the lead – with other federal agencies – to work with tribes in a true partnership to identify strategies that remove bureaucratic hurdles and modernize the trust relationship with a focus on creating economic security and strengthening our communities. 5. Recognize our Nation-to-Nation Relationship in International Forums. The 2014 World Conference on Indigenous Peoples, offers a unique opportunity for the President to draw international attention to his commitment to our nation-to-nation relationship. Tribal leaders expect to see our President open the 2014 Conference by inspiring Indigenous peoples and challenging governments around the world, with the commitments his Administration has made to our nation-to-nation relationship. Two specific commitments that could be highlighted in that address include: (1) support for the creation of an appropriate, dignified, and permanent status for tribal nations at the UN in a manner consistent with our status as governments, and (2) full implementation of the UN Declaration on the Rights of Indigenous Peoples. 6. Prioritize Appointments that Impact Indian Country. Elevating Native people in the federal government was a top priority for Indian Country during the 2008 and 2012 Presidential transitions and the President made significant progress on priority appointments. Key priorities include: a. Create an Associate Director for Native Programs position in the Office of Management and Budget (OMB). This position would act to coordinate priorities across the federal government and ensure that OMB budgets and policies provide stable funding for tribal governments. b. Appoint Native People to the Federal Judiciary. Indian Country strongly urges the appointment of Native judges, as well as more judges who are knowledgeable and supportive of the fundamental principles of federal Indian law. c. Hire Young Native Professionals to Entry and Mid-Level Positions. Placing bright, enthusiastic Native professionals throughout the federal government will invest in our future and prepare for success in future Administrations. 7. Direct the Census Bureau to Lead a Periodic Indian Country Economic Survey. Current federal data about socioeconomic conditions in Indian Country are insufficient to support tribal and federal policymaking. The Census Bureau has the capacity to gather meaningful tribal input and coordinate data efforts with other agencies to develop a regular economic survey that provides data to support tribal and federal policymaking to establish economic security and prosperity for our nations. 8. Ensure Tribes are Included in National Policy Reform Efforts. Tribes must be at the table as the Administration works with legislative leaders to develop reform efforts on issues including tax, education, elections, immigration, and climate change. Like state governments, tribal nations have a role to play in each of these major pieces of legislation. EXPAND HIGH LEVEL ENGAGEMENT: During his first campaign, President Obama’s commitment to host an annual summit with tribal leaders at the White House was transformative. His fulfillment of that promise and
22 support of tribal consultation has had a noticeable effect on his Administration and its relationship with tribes. In addition to the specific items listed in the previous section, the President’s leadership to advance and institutionalize high level nation-to-nation engagement is critical to building a bright future for Indian Country and the United States. Some specific recommendations to advance and institutionalize high level engagement include: 1. Send a Special Message to Congress on the importance of the Nation-to-Nation Relationship. In 1970, President Nixon sent a historic message to Congress on tribal self-determination. That message launched the self- determination era—the very framework that allowed tribes to prove our capacity as governments. President Obama’s Special Message to Congress could underscore the advances he has led and establish the legacy of his leadership to advance our nation-to-nation relationship. 2. Fully implement the United Nations Declaration on the Rights of Indigenous Peoples. This would include a full review of all existing and proposed federal law to ensure alignment with the Declaration. 3. Enhance existing high level meetings. Tribal leaders are encouraged by the President’s creation of the White House Council on Native American Affairs and his commitment to the annual Tribal Nations Conference. However, we have specific recommendations that should guide future high level meetings: a. Tribal leaders must be directly engaged in the work of the White House Council. The creation of the White House Council was an important response to a top priority of tribal leaders, reiterated as recently as the 2012 White House meeting. The leadership of Secretary Jewell and high level engagement across the agencies offers the potential to effectively respond to tribal concerns and work energetically to streamline federal programs. However, tribal leaders strongly urge the Council to engage directly and regularly with tribal leaders to shape the work of the Council. The Council will not be successful if its work is not guided by true nation-to-nation dialogue. b. Tribes must be equal partners in planning and implementing high level meetings. As in other nation-to- nation and government-to-government dialogues, the leaders of tribal governments must play an equal role. Tribal leaders have suggested co-chairing White House Tribal Nations Conference discussions and read outs. c. Indian Country must be involved in selecting representatives to advisory groups. Tribal leaders have applauded efforts to create agency level committees (such as the Secretary’s Tribal Advisory Committee, or STAC, convened by Secretary of Health and Human Services, Kathleen Sebelius) and have urged that these groups include a number of representatives selected by Indian Country. To truly advance the nation-to-nation relationship, these advisory groups cannot be selected exclusively by the agencies. d. Tribal leaders must have the option for staff support comparable to that afforded to senior Administration officials. The regional meetings at the 2011 White House Tribal Nations Conference and several White House forums since have shown promising trends toward including technical experts and staff to support tribal leaders. However, the White House Tribal Nations Conference itself, and many agency level committees, must provide tribal leaders with support comparable to that offered to senior federal officials. If federal technical experts and support staff participate in the meetings, tribal leaders should have the same option to ensure that the nation-to-nation dialogue is as informed and productive as possible. 4. Host regular meetings on specific issues between tribal leaders and cabinet secretaries and other senior officials. Following a model like the White House Rural Council, the President should host regular meetings—at the White House—between tribal leaders and cabinet secretaries and/or other senior Administration officials. NCAI welcomes ongoing feedback on the content of this briefing book and encourages tribal leaders and federal partners to send all input and questions to Peter Morris, NCAI Senior Advisor ([email protected] or 202.466.7767) and John Dossett, NCAI General Counsel, at ([email protected] or 202.466.7767)."
"NCAI Joins With Other Native Organizations And The Obama Administration To Address The Effects Of Climate Change In Indian Country," NCAI, November 15, 2013, http://www.ncai.org/news/articles/2013/11/15/ncai-joins-with-other-native-organizations-and-the-obama- administration-to-address-the-effects-of-climate-change-in-indian-country, reported, "Following the White House Tribal Nations Conference, the National Congress of American Indians (NCAI) is pleased with the prospect of progress on addressing the challenges of climate change in Indian Country. During the Conference, Secretary of the Interior Sally Jewell and many government officials— including President Obama—spoke to the severe impacts climate change has had on American Indians and Alaska Natives while focusing on how the federal government can work with tribal leaders to best address these challenges. Secretary Jewell set the tone for the conversation on climate change by remarking on the importance “of the ongoing dialogues we need to have as we work together toward tribal self-determination and self-governance and promoting prosperous 23 and resilient tribal nations.” Secretary of Energy Ernest Moniz discussed the over 30 Alaska Native villages that are facing imminent threats from rising seas levels and how hydroelectric and other energy projects have been stymied by climate change. Further, EPA Administrator Gina McCarthy encouraged inter- governmental communication by asking tribal leaders to “help us explain why Climate Change must be addressed now and why it is our responsibility” to combat it for seventh generation and beyond. President Obama reasserted his dedication to protecting tribal lands: “The health of tribal nations depends on the health of tribal lands. So it falls on all of us to protect the extraordinary beauty of those lands for future generations. And already, many of your lands have felt the impacts of a changing climate, including more extreme flooding and droughts. That’s why, as part of the Climate Action Plan I announced this year, my administration is partnering with you to identify where your lands are vulnerable to climate change, how we can make them more resilient.” The Climate Action Plan includes the President’s Executive Order “Preparing the U.S. for the Impacts of Climate Change” and his appointment of two tribal leaders to the twelve-member Task Force on Climate Preparedness and Resilience. It is critically important that tribal leaders are at the table because too often, Native voices are left out of federal conversations around mitigating the effects of climate change. Indian Country faces some of the most difficult challenges stemming from climate change because of the remote location of many tribal lands and, particularly in Alaska, the dependence on the land and animals for subsistence living. NCAI applauds the Administration for this effort and is hopeful that by working together, government-to-government, tribal communities will have the tools necessary to address climate change. Also this week, NCAI joined an amicus curare in support of young people suing the federal government for not acting to reverse climate change. Filed in the U.S. District Court for the District of Columbia, the amici emphasizes the drastic effects climate change has in Native communities, particularly Alaska, and “[t]hese communities contribute little, if at all, to the problem of climate change, and, yet, bear a disproportionately large adverse impact from climate change given their unique vulnerability.” The brief states that “climate change ravages Native Nations, and the federal government, which includes the defendants-appellees in this case, has a responsibility to assist these Nations by rapidly reducing greenhouse gas emissions in order to mitigate the worst impacts of climate change.” The federal government has trust responsibility to tribes to lower greenhouse gas emissions and act in the best interest of tribes. NCAI is committed to working with the Administration, Congress, and within the federal courts to ensure the voice of Indian Country is heard and tribal leaders are in involved in planning and action conversations around addressing the urgent problem of climate change. the lawsuit was filed with the help of Our Children’s Trust, an Oregon-based non-profit orchestrating a game-changing, youth-driven legal campaign in the United States and across the globe. The following organizations joined with leading climate scientists, law scholars, national security experts, government leaders, faith groups, and environmental NGOs in signing onto the amicus curiae brief: Akiak Native Community, Alaska Inter-Tribal Council, Forgotten People , Indigenous Peoples Climate Change Working Group, National Congress of American Indians, National Native American Law Student Association."
"Tribal Unity Gathering Encourages Congress to Stand on Common Ground with Indian Country," NCAI, September 17, 2013, http://www.ncai.org/news/articles/2013/09/17/tribal-unity-gathering-encourages-congress-to- stand-on-common-ground-with-indian-country, reported, "For a third time in as many years, Indian Country advocates and leaders came together in Washington, DC with unified messages and policy priorities for the start of the fall session of Congress. Tribal Unity Impact Days has been instrumental in communicating the key Indian policy priorities for Congress to address. In recent years, the effort was critical to advocating for successful amendments to the Stafford Act and the Violence Against Women Act. This year tribal leaders stood together to remind Congress of the federal trust responsibility and that, amidst partisan division in other areas, Indian Country is common ground for all Americans. NCAI joined the Alaska Federation of Natives, California Association of Tribal Governments, Coalition of Large Tribes, Eight Northern Pueblos Council, Great Plains Tribal Chairman’s Association, Midwest Alliance of Sovereign Tribes, Navajo Nation, and the United South and Eastern Tribes in hosting the events. This year, Tribal Unity focused on the protection of treaty promises in the federal budget, tribal tax policy, and land restoration – including a Carcieri fix. Tribal Unity Impact Days kicked off in the Senate Committee on Indian Affairs hearing room with over 130 attendees participating in the tribal briefing." Tribal leaders shared "how policy decisions are affecting tribal communities, especially
24 impacts of sequestration on health, education, public safety, and other tribal governmental services. Representatives Cole and McCollum emphasized their support for protecting tribal treaty obligations from indiscriminate reductions. NCAI and its partners also sought broad support from Congress to assist in providing more fair treatment for tribal governments under the tax code. The Internal Revenue Code has included Indian tribes in a piecemeal fashion, which chooses when and where to acknowledge tribes’ taxing authority. Several tribal tax bills have been introduced during the 113th Congress: H.R. 2332; H.R. 3030; and H.R. 3042. Each of these bills is the result of effective outreach from tribal leadership on key tax issues affecting tribal self-governance. Tribal leaders asked Members to co-sponsor in the House, and encouraged Senators to introduce companion bills in the Senate. Tribes also urged Congress to reject the language similar to the Administration’s proposal to unfairly limit payment of contract support costs in the Continuing Resolution. If adopted by Congress, the provisions would set back Indian self-determination and self-governance decades. They would also undo four recent Supreme Court decisions confirming the United States’ obligation to pay the full amount of Contract Support Costs owed to Indian Tribes, by denying Tribes the right to recover damages under the Contract Disputes Act when full CSC payment is not made. Everyone was in agreement on the importance of protecting Indian land. President Keel ended his speech with 'As our ancestors before us, we must rally to the defense of our land. We must fight for the land rights of all Tribes, including the overturning of Carcieri with the Carcieri fix, and the advancement of the Patchak Patch. Only together can we protect our lands'.”
"NCAI Issues Statement Regarding Slate Decision to Drop the R Word," August 9, 2013, http://www.ncai.org/news/articles/2013/08/09/ncai-issues-statement-regarding-slate-decision-to-drop-the-r-word, NCAI issued the following statement regarding Slate's decision to no longer use the name of the Washington Football team: “The Washington football team’s name is harmful to Native people and dishonors the true historic and contemporary place of Native people and tribal nations in American society. Slate’s decision to join other reputable news outlets by dropping the R word is commendable and the action recognizes the derogatory origins and nature of the team’s name. It also raises the question as to whether Slate’s parent company the Washington Post will follow suit. We continue to call on all news and media outlets to drop the R word.” In a similar action, NCAI released a film, Change The Mascot, that can be viewed at: http://www.ncai.org/news/articles/2013/11/26/ncai-video-change-the-mascot.
"NCAI & Google Partner for Indigenous Mapping Day on August 9th," NCAI, August 2, 2013, http://www.ncai.org/news/articles/2013/08/02/ncai-google-partner-for-indigenous-mapping-day-on-august-9th, reported, "In partnership with the National Congress of American Indians, and in honor of the United Nation's International Day of the World's Indigenous Peoples, Google Map Maker, Google Earth Outreach and the Google American Indian Network are proud to present Google's first ever Indigenous Mapping Day on August 9, 2013. A MapUp is a group of people coming together to improve how Google Maps represents their community. You and the members of your tribal community can add local roads, schools, health facilities, tribal offices and more. You can even map in your tribe's native language. Google Map Maker currently supports Cherokee, Navajo, Inuktitut, Inupiaq, Kalaallisut, and Hawaiian." "Many tribal communities in the United States lack accurate mapping information pertaining to roads, buildings, and information on services available to tribal members and the general public. Google Map Maker is a tool that allows tribal governments, businesses, and individual citizens to take ownership of their communities as represented on Google Maps, Google Earth, and Google Maps for Mobile. This tool allows these entities to add to, edit, and improve digital local maps by mapping tribal offices, medical facilities, local roads, and everything in between! Anything from structures, landscapes, or ATM locations can be identified on Google Maps by using the Map Maker tool."
NICWA and NCAI Applaud United Nations’ Anaya for Calling on United States to Protect Veronica’s Human Rights, NCAI, September 10, 2013, http://www.ncai.org/news/articles/2013/09/10/nicwa-and-ncai- applaud-united-nations-anaya-for-calling-on-united-states-to-protect-veronica-s-human-rights, reported, "The National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), and Angel Smith, an independent attorney appointed by the District Court of the Cherokee Nation and “Next 25 Friend in the filing,” are applauding today’s action by the United Nations Special Rapporteur on the Rights of Indigenous Peoples James Anaya calling for state, federal, and tribal authorities in the United States to take all necessary measures to ensure that the well-being and human rights of Veronica Brown, the four- year-old Cherokee child at the center of a highly contentious custody dispute, are protected." "Among the possible human rights violations is the forced removal of Veronica from her Indian family and tribal nation without adequate protection or recognition of her right to culture. Such removal violates her right to culture, education, family, and tribal nation as guaranteed by Articles 7 and 8 of the U.N. Declaration on the Rights of Indigenous Peoples and Article 27 of the International Covenant on Civil and Political Rights. The executive directors of two leading national organizations, NICWA’s Terry Cross and NCAI’s Jacqueline Pata, called for the national conversation about the case to focus on Veronica’s human and civil rights."
Adrian Jawort, “9 Billion Dispute: Tribal Leaders Fuming Over Cobell Land Buy-Back Program,” ICTMN, July 29, 2013, http://indiancountrytodaymedianetwork.com/2013/07/29/19-billion-dispute-tribal-leaders- fuming-over-cobell-land-buy-back-program-150623, reported, “The program manager for the Department Of Interior Land Buy-Back Program (LBBP) for Tribal Nations, John McClanahan, felt the heat as the frustration of Natives boiled over Friday, July 26 at the offices of the Montana-Wyoming Tribal Leaders Council offices in Billings, Montana. Leery of a federal one-size-fits-all approach of how 9 billion of Cobell LBBP money allotted will be spent to purchase buy-back lands, tribal representatives from the Rocky Mountain and Great Plains areas grilled McClanahan and the BIA about the lack of transparency and cooperation between the DOI and tribal nations thus far. An estimated 70% of the fractional buyback acres are located in these areas. As a result, the MT-WY TLC propose that Congressional legislation is needed to halt the DOI from holding primary purchasing control of buyback lands as well as halt bureaucratic fees that would total $285 million. It was the U.S. government that mismanaged the funds in the first place.”
Heidi Heitkamp, http://www.democratsenators.org/dia/track.jsp?v=2&c=P4mgrKdPT%2BBAXxxIclkbzoXJ5%2FFGNYPa., was involved in November, 2013, in a campaign to get the U.S. Congress to meet its trust responsibility, noting, “Our federal government is failing our American Indian, Alaska Native and Native Hawaiian children. The Center for Native American Youth reports that Native children are more likely to be victims of child abuse, have lower high school and college graduation rates, are more likely to end up in foster homes and have a suicide rate that’s 2.5 times the national average. I’m determined to do something about this crisis, which too many people just don’t know about. That’s why I’m announcing the first bill I’ve introduced to the Senate, which creates a Commission on Native Children to study the support available to Native children, with the intent of finding solutions to these problems.”
Americans for Indian Opportunity (AIO), centered in Albuquerque, NM, has its Ambassadors Program, a two year masters level Indigenous leadership nurturing program, in 2013 in its Twentieth year, becoming increasingly a model for Indigenous leadership development in the United Stats and Internationally. Launched by an AIO Ambassador alumna, the Yavapai Young Ambassador program graduated its first class, in fall of 2013, becoming the sixth tribal ambassadors program to do so. Internationally, AIO style Ambassadors programs have been developing as well, beginning with the Ambassadors program of Advancement of Maori Opportunity (AMO), long a close associate of AIO, with similar programs developing in Latin America. Ambassodors programs begin with participants examining their sense of identity, learning what their medicine is and what its source is. Much of the group work in the program involves examining issues and making decisions through an inclusive participatory process, and group fieldwork is part of the curriculum, including an international experience. A major part of the program is that each participant undertakes a project within their own community for its enhancement. Alumni of Ambassador programs remain active participants in the organizations discussion and decision making network. AIO Ambassadors have for sometime been at decision making levels of all major U.S. Indian organizations, and in every U.S. government agency with a major Native American focus. This has been a major resource for Indian country as well as AIO. AIO's other recent activities have included joining with the Tucson Indian Center and the National Urban Indian Family coalition to host 26 the first Native Voice Network (NVN: www.NativeVoiceNetwork.org), a national alliance of Organizations interested in collaborative advocacy on issues impacting Native people locally and nationally. NVN works to build the capacity of member organizations and communities they serve through sharing knowledge and information, and taking collaborative action to amplify the voices of Native working families. AIO hosted the Teach for America (TFA) Senior Staff on their fall 2013 retreat in New Mexico, providing an Indian 101 session for the group that has a direct impact on Native communities. AIO's efforts to provide Indian 101 to congressional staffers in 2013 included a presentation to newly elected congressman Raul Ruiz (CA-36) staff, while representative Ben R. Lujan, set up a similar session for the staff of the House Committee on Natural Resources. AIO has been developing a webinar version of Indian 101 to be able to make it more broadly available to congressional staff members. An Indian 101 was also presented to the Peace Corps South West regional recruiters. AIO, in its 44th year, was engaged in fall 2013 in several activities to help share its legacy. The film Indian 101, chronicling the work of AIO founder and President LaDonna Harris (Comanche), was in the final stages of editing, while Harris was compiling a book of what and how she and AIO have undertaken, and what the results have been. An anthology of AIO's publications, which cover a wide range of topics, with comments by Indigenous scholars concerning their historical significance and current relevance was in process. The Ambassador Community Impact study was near completion documenting the impact Ambassadors have had on their communities. AIO CEO Laura Harris stated, "The AIO Legacy Projects will tell an important part of modern Indian history. How things got done. How Native leaders changed policy and charted a new course for Tribal America. AIO was part of that movement and we want to draw attention to AIO's archives at the University of New Mexico for Southwest Research. AIO papers have been called the finest collection of modern Native American History in the country." In June 2013, AIO Ambassador Pamela Villasenor (Fernandeno Tataviam Band of Mission Indians) represented AIO and served as the North American Peoples Caucus (NAIPC) delegate at the Global Indigenous Preparatory Conference (GIPC) in Alta Norway, hosted by the Sami Parliament, to help plan the World Indigenous Conference on Indigenous Peoples in New York City, in September 2014 (www.weipc2014.org). (For more information see The Ambassador, Vol. 15, No, 1, Winter 2013, or contact AIO, 1001 Marquette Ave., NW, Albuquerque, NM 87102 (505)842-8677, www.aio.org).
International Activities
The Loretto Community Sisters of Loretto/Co-Members of Loretto, posted the following press release on November 25, 2013, "Thirteen Catholic Groups in Solidarity with Indigenous People Join Their Request to Ask Pope Francis to Rescind Papal Bulls from 15th Century. Thirteen Catholic groups today announced their request to Pope Francis to issue a formal rescission of the 15th century papal bulls that provide the basis for the Doctrine of Discovery.* Joining together to make the request are the Loretto Community, together with the elected leadership of the Sisters of Mercy of the Americas, the 19 member congregations of Dominican Sisters Conference, the Sisters of St Francis (Rochester, Minn.), Sisters of St. Joseph (Concordia, Kan.), Sisters of St. Joseph (Philadelphia), Sisters of Charity of Leavenworth (Kan.), the Congregation of Sisters of St. Agnes (Fond du Lac, Wis.), Institute of the Blessed Virgin Mary (Casa Loreto, Rome), Sisters of St. Joseph and Associates of Buffalo New York; Pax Christi International; as well as the 8th Day Center for Justice which is funded by 34 congregations of religious men and women; and the Franciscan-founded Nevada Desert Experience in collaboration with Chief Johnnie L. Bobb of the Western Shoshone National Council. The membership of the 13 groups includes women and men religious and laypeople. The groups’ request stands in solidarity with indigenous peoples’ persistent requests to every pope since 1984 to do the same. Columbus’ arrival in the Western Hemisphere began an era of horrific violence based on religious intolerance. The Doctrine of Discovery justified this violence in addition to the seizure of any land not owned by Christians. The 13 groups cited above call upon Pope Francis to start a new era of justice with a public declaration that formally rescinds Dum Diversis Bull of 1452, which granted the pope’s blessing “to capture, vanquish and subdue the Saracens, pagans and other enemies of Christ and put them into perpetual slavery and to take all their possessions and their property,” and Inter Caetera Bull of 1493, which granted authority to Spain and Portugal to “take all lands and possessions” so long as no other Christian ruler had previously claimed them. The 13 groups cited above also ask Pope Francis to create a new papal bull that promotes ethical norms in harmony with Gospel values. Other Catholics have raised their
27 voices in solidarity with this worldwide indigenous peoples’ request, notably Pax Christi International (www.paxchristi.net) in a prior communication to the World Council of Churches, and the Religious at the United Nations signing a letter to Pope Francis originated by the Passionists International. It is likely that other Catholics have similarly stood as allies, and more are expected to experience the call to do so. All voices in solidarity are welcome. *Today’s relationships between governments and indigenous people in the Americas, Africa and Oceania have as their foundation the “Doctrine of Discovery.” It is a principle of international law with roots dating back to 15th century papal bulls. These decrees largely were used to justify Western Europe’s dominion over lands occupied for thousands of years by indigenous peoples. They made possible the European age of “discovery,” sanctioning and promoting the conquest, colonization and exploitation of non-Christian lands and peoples. The requested actions would be a moral victory for indigenous people, and one long overdue. Recent popes have made gestures of reconciliation, moving the Catholic Church and the world at large forward to this important moment. Indigenous groups stand firm in their requests for rescission and repudiation of the official bulls, seeking the same formality with which they were issued. The 13 groups previously cited stand in solidarity with these requests of indigenous neighbors, far and near. These groups draw inspiration from their Catholic heritage and Gospel values of peace and justice. Many members of these communities were shocked to learn of the doctrine, saddened at the delay experienced by indigenous peoples and eager to show solidarity with the justice- based effort. The past year for many communities has been one of slowly coming to terms with something that indigenous peoples have experienced for centuries. The 13 Catholic groups making this request join with other denominations that have made similar announcements, including the World Council of Churches, the Episcopal House of Bishops, the Philadelphia, New York and Canadian Yearly Meetings of the Religious Society of Friends and the Boulder Friends Meeting (Quakers), the United Methodist Church, Unitarian Universalists and many others. To join in this effort, please contact Loretto Papal Bull Rescission Committee members Libby Comeaux ([email protected]) or Mary Helen Sandoval ([email protected])." For more information, call/e-mail Jean Schildz, (314)962-8112, ext. 106, [email protected]. (The letters to the Pope from the Loretto Community and Pax Christi are in Dialoguing, below).
“Indigenous Women of the World Warn They Will Give Their Lives to Defend Their Lands,” Cultural Survival, November 8, 2013, http://www.culturalsurvival.org/news/indigenous-women-world-warn-they-will-give- their-lives-defend-their-lands, reported, “Indigenous women demand that the States recognize the authority and competency of their communities in the management of their lands, territories, and resources. They pledge to be part of the solution to the food crisis that will consequently result in climate change. Unanimously, the Indigenous women of the world declared that if States did not restore the control that the women had over their land, territories, and resources, it would not only put the communities’ lives in danger, but all of humanity as well. Through the “Lima Declaration” (see Dialoguing, below), endorsed by almost 200 female leaders from Africa, the Pacific, Europe, Asia, Latin America, North America, and Russia, they declared that their role in the preservation of biodiversity and ancestral wisdom of nature is a key piece in order to challenge the impacts of climate change. “In this moment of serious crisis and impending, irreversible loss of biological diversity, Indigenous women emphasize the obligation of the States to protect the territories of Indigenous communities,” they demanded. The declaration, released November 7, 2013, was prepared in the framework of the World Conference of Indigenous Women that met in Lima, Peru, on October 27-30, 2013. Resources like water, energy, and biodiversity, that contain fundamental economic and strategic value for countries, are located primarily in Indigenous territories. This represents a risk for the lives of the communities, especially Indigenous women. A recent study produced by CEPAL shows that in Latin American the growth of mining, forestry, and other industries has resulted in the displacement of millions of Indigenous women from their ancestral territories to urban areas. Nevertheless, this does not mean a change in their life conditions. On the contrary, they already make up part of the most vulnerable populations, having been exposed to various forms of violence such as racism, exploitation of labor, and sexual trafficking. “Indigenous women experience, in relation to our land, the same pain and effects caused by physical abuse and excessive exploitation,” they asserted in this declaration. Moreover, they warned that they are prepared to defend their communities’ lands, water, and resources with their lives. The leaders demanded that the states recognize the authority and competency that Indigenous communities hold over their lands, territories, and resources. They
28 demanded that all development projects that affect their lives should be made with free, prior, and informed consent of their communities. Moreover, they indicated that any policy or social program about health, education, or any that focuses on the well being of Indigenous women should be carried out with their direct, full, and effective participation. “Nothing about us, without us. Everything about us, with us,” is the protest they adopt in this declaration. This document, coupled with a plan of action, will be presented to different mechanisms of the United Nations systems focused on the right of women and Indigenous communities. The World Conference on Indigenous Peoples will be held in 2014 in New York City. At said conference, they will ask to guarantee the full and effective participation of Indigenous women, above all the wise elderly and the young, and that the results of the findings prioritize the concerns of Indigenous women.”
“The Unity Ride 2013: A 4,000-Mile Journey for Peace,” Cultural Survival, August 21, 2013, http://www.culturalsurvival.org/news/unity-ride-2013-4000-mile-journey-peace#sthash.ZHiVrj83.dpuf, reported that the 2013 Dakota Unity Riders, in July 2013, went 4000 miles, 10 times its normal distance, led by the Dakota Nation Unity Riders of Manitoba, Canada, who incorporate horses as “instruments of the healing journey,” to move for peace following the December 26, 1862, hanging of 38 Dakota men at Fort Snelling in Mankato, Minnesota in the largest mass execution in the history of the United States. Ordered by President Abraham Lincoln, the execution functioned as the U.S. response to the killings that took place during what is now known as the “U.S. – Dakota War.” As a method through which to commemorate the loss of life and counteract the horror of the tragedy, every year, people of the Dakota Nation travel parts of the country by horse, spreading messages of harmony.
“Thousands Gather Worldwide at More Than 200 Vigils for Indigenous Women Missing or Murdered in Canada,” ICTMN, October 4, 2013, http://indiancountrytodaymedianetwork.com/2013/10/04/thousands-gather- worldwide-more-200-vigils-indigenous-women-missing-or-murdered-canada; reported, “Across Canada today, thousands are gathering to honor the legions of indigenous women whose murders or disappearances have gone unsolved. It’s the annual Sisters in Spirit day of remembrance, and more than 200 vigils, ranging from moments of silence to daylong ceremonies and community-building sessions, are being held across the land and beyond. They are taking place all over the world, as far away as Australia, Malaysia and Peru, and as close as Akwesasne, the Seneca Nation of Indians and in Seattle, according to the Native Women’s Association of Canada, which created the Sisters in Spirit project. For those who cannot attend in person, there is a Virtual Candlelight Vigil online, where participants can light a candle and leave a note. There will be a call, once again, for a national inquiry into the 600 unsolved cases of missing or murdered indigenous women that have been logged throughout the past several years. In tandem with the day's events, the Walking With Our Sisters exhibit, which opened on October 2 in Edmonton, Alberta, is addressing the issue through art.”
“Coke's taking action against land grabs. Challenge Pepsi to do the same!,” Oxfam America, November 8, 2013, http://act.oxfamamerica.org/site/R?i=AJDNyL7Riom7KtiydoV_3g, and http://act.oxfamamerica.org/site/R?i=FBicIUM6Z8AT7W6ojNwTlw, reported, “When we all spoke, Coke listened. Now it's Pepsi's turn: Tell them to make sure their sugar doesn't lead to land grabs. 225,000 Oxfam supporters from around the world have stood up for farmers and their land rights. You told three of the biggest companies in the sugar industry – Coca-Cola, PepsiCo and Associated British Foods – to make sure their sugar doesn't lead to land grabs. And they're listening! Coke – the world's biggest sugar buyer – just publicly committed to a zero tolerance policy against land grabs, helping ensure that farmers' land rights are respected throughout their supply chain. Pepsi has no excuse to keep lagging behind. They have a huge shareholder meeting coming up, so they're especially sensitive to how this looks right now. This is our moment to turn up the pressure. Send a message to Pepsi right now: Challenge them to join Coke and show zero tolerance for land grabs. In Brazil, nearly half of land conflicts in the state of Pernambuco are related to sugar production. One of Pespi's sugar suppliers, Usina Trapiche, has been in a decades-long conflict with a local fishing community over use of islands in the Sirinhaém estuary. The families who used to live in this community no longer have anywhere to plant their fruit trees, cassava and other crops. Plus, the slums where they're now forced to live are a great distance from their ancestral fishing grounds. As a result, many people in the community have been left
29 homeless and jobless, unable to support themselves – all because of the global demand for sugar forced them off their land. Pepsi has the power to help make sure the sugar they source and produce doesn't leave communities hungry and homeless.”
“Survival’s Director attacks Commonwealth for undermining tribal rights September, 25, 2013, http://www.survivalinternational.org/news/9584, reported, “In a hard-hitting speech to representatives of the Commonwealth this Thursday, Survival’s Director Stephen Corry will argue that countries such as the United Kingdom, Botswana and India are not concerned about the rights of tribal peoples and that the Commonwealth’s legacy of ‘dispossession and destruction’ for millions of tribal people is ‘constantly downplayed in the historical record’. Corry will highlight several examples of Commonwealth countries riding roughshod over tribal peoples’ rights: - the United Kingdom claims it has policies about tribal peoples to inform its aid work, but in fact does not. It has also sent over £1bn in aid to the Ethiopian government, but has failed to investigate grave human rights abuses of the tribes of the Lower Omo Valley; - Botswana has been determined in its efforts to kick the Bushmen off their ancestral land in the Central Kalahari Game Reserve, despite a 2006 High Court ruling which confirmed their right to live and hunt in the reserve. Recently, Botswana banned the Bushmen’s lawyer from entering the country to represent them at court; - the British company Vedanta Resources has tried for a decade to mine India’s Niyamgiri Hills, the home of the Dongria Kondh tribe, without acquiring their free, prior and informed consent; - the creation of game parks in Africa, which create an image of ‘pristine wilderness’, when in reality they are built on the eviction and destruction of countless tribal people. Other examples from Guyana, Bangladesh, Malaysia and Tanzania are outlined in the paper which accompanies Corry’s speech. Corry predicts that things will only get harder for tribal peoples and their rights, but argues that there is hope: from NGOs such as Survival International and their supporters pressing for justice; from the power of public opinion, especially within countries where the abuses are taking place; and from tribal peoples themselves and their conviction and determination to stand up for their rights. Corry argues that a change in public opinion, in particular, will be crucial in ending abuses of tribal peoples’ rights, saying, ‘What tribal peoples really need is public opinion behind them. It ended the slave trade and apartheid; it will, I believe, save tribal peoples too.’ information can be found here. Download Stephen Corry’s full speech (pdf, 81 KB) at: http://assets.survivalinternational.org/documents/1076/commonwealth-conference-speech.pdf. Download Stephen Corry’s paper ‘Like Mother, Like Daughters? Campaigns for Tribal Peoples’ Rights in the Commonwealth’ (pdf, 148 KB) at: http://assets.survivalinternational.org/documents/1062/like-mother-like-daughters.pdf, published in The Round Table, 2013, Vol. 102, No. 4, pp 343-353. "UN urged to stop Peru’s deadly oil and gas rush," Survival International, December 3, 2013, December 3, 2013, reported, "Survival International has appealed to the United Nations Special Rapporteur on the Rights of indigenous peoples to help protect vulnerable uncontacted Indians from Peru’s aggressive pursuit of oil and gas development on their land – ahead of James Anaya’s visit to Peru. The appeal is backed by nearly 130,000 Survival supporters who have urged Peru’s President to stop the invasion of uncontacted tribes’ land. Oil and gas projects already cover 75% of the Peruvian Amazon, putting foreign profits above Indian lives. A consortium of companies led by Argentinian Pluspetrol is pushing for the expansion of the massive Camisea gas project in south-east Peru, which lies within a reserve for uncontacted and isolated tribes; and in northern Peru, Colombian-Canadian oil company Pacific Rubiales has begun seismic testing in an area known to be inhabited by uncontacted Indians. Any oil and gas work on the land of uncontacted tribes puts the Indians’ lives at severe risk as they are exposed to diseases to which they have no immunity and which in the past have decimated entire tribes. In March 2013, the UN Committee for the Elimination of Racial Discrimination requested the ‘immediate suspension’ of the expansion plans for Camisea after Peru’s indigenous organizations AIDESEP, ORAU, FENAMAD and COMARU wrote to the Committee about the deadly expansion plans. The work contravenes international and Peruvian law and the United Nations Declaration on the Rights of Indigenous Peoples, which require the free, prior, and informed consent for any projects on indigenous land, and uphold uncontacted tribes’ rights to their lands and lives. The Special Rapporteur will meet with Peruvian government officials and civil society organizations between December 6-13. Survival has urged him to raise the threats to uncontacted tribes with President Ollanta Humala. Survival’s Director Stephen Corry
30 said today, ‘The reserves for uncontacted tribes were created in order to protect some of the most vulnerable peoples on the planet but now Indian lives are being put at risk as Peru succumbs to gas fever. The government’s broken promises risk driving uncontacted peoples to extinction – and it’s all being carried out in the name of foreign profit.’" To download Survival’s letter to James Anaya, UN Special Rapporteur on the rights of indigenous peoples (Pdf, 360 kb) visit: http://assets.survivalinternational.org/documents/1119/survival-james-anaya.pdf. “Venezuelan Indians travel to capital amidst mining fears,” Survival International, July 19, 2013, http://www.survivalinternational.org/news/9386, reported, “A delegation of Ye’kuana and Sanema Indians traveled to Venezuela’s capital, Caracas, to express their fears about the devastating effects mining is having on their land. Gold miners have been invading the Indians’ territories in the rainforests of southern Venezuela for many years, polluting the waterways and destroying the forest. The Ye’kuana organization Kuyjani stated, ‘Land is fundamental for the Ye’kuana and Sanema people; it’s on our land that our culture is born, [where we practice] our own education… our land guarantees our food security, and that of our children and future generations.’ The Indians are calling for ‘the complete and immediate prevention of gold mining, diamond mining, and the mining of any mineral in the Caura River Basin, which is a sanctuary of biodiversity for the Ye’kuana and Sanema indigenous peoples, and for the Venezuelan Nation as a whole’. They are demanding that the government recognize their collective land titles, as guaranteed by the constitution. In March COIAM, a network of indigenous organizations, raised grave concerns about government plans to allow CITIC, a Chinese mining company, to explore for minerals in the ‘Orinoco Mining Arc’ in Amazonas and Bolivar states. CITIC plans to build five mining camps in areas inhabited by indigenous peoples, including in Ocamo which lies in the heart of the Yanomami indigenous territory. COIAM’s statement expresses the Indians’ ‘profound concern’ and ‘rejection’ of the mining project which it says will bring destructive environmental and social impacts and is ‘contrary to their concept of life and mother nature which are primordial for sustaining them collectively’. It calls on the government to urgently review the mining project and its indigenous policies. COIAM says there has been no prior and informed consultation with indigenous peoples, which violates the Venezuelan constitution and international law on tribal peoples.” “‘Jaguar people’s’ urgent appeal to oil company’s shareholders,” Survival International, June 20, 2013, http://www.survivalinternational.org/news/932, reported, “An Amazonian tribe has sent an urgent appeal to shareholders of Canadian-Colombian oil giant Pacific Rubiales to protect the lives of uncontacted Indians in Peru, whose survival is threatened by the company’s work on their land. In an urgent video message Salomon Dunu, a member of the Matsés tribe, said, ‘Our uncontacted brothers live in the forest, we have heard them many times so we know they exist… Tell the world that the Matsés are firm in our position against the oil company. We do not want it on our land.’ The Matsés and Survival International have sent the message to hundreds of shareholders – including JP Morgan, General Electric, Blackrock, HSBC, Allianz, Santander and Legal and General – urging them to divest from Pacific Rubiales. The company has already started exploring for oil in ‘block 135’, despite it lying directly over an area proposed as an uncontacted tribes’ reserve, and is planning further explorations on Matsés territory.” “Worldwide protests demand stop to Brazil’s assault on indigenous rights,” Survival International, October 2, 2013, http://www.survivalinternational.org/news/9611, reported, “Supporters of human rights organization Survival International held a vocal protest outside the Brazilian embassy in London today in support of thousands of indigenous demonstrators in Brazil rallying against the onslaught of their hard-won land rights. Nixiwaka Yawanawá, an Amazon Indian from Brazil, led the London protest wearing his tribe’s headdress and facial decorations. He was joined by dozens of supporters wearing tribal face paint and carrying placards. Nixiwaka said, ’We’re here to support our indigenous brothers and sisters in Brazil who are facing the worst assault on their rights in decades. We, Brazil’s indigenous peoples, have lived on our lands for as long as we can remember, and we cannot live without them. These new laws would mean the end of our rights to our lands and must not be passed!’ Protests are being held across Brazil and the world this week against attempts by the Brazilian government to water down indigenous peoples’ constitutional rights in the name of the country’s push for industrialization and ‘development’. Several new projects are under discussion which, if passed into law, would drastically weaken indigenous peoples’ control over their lands and severely 31 threaten the survival of many of Brazil’s tribes, including highly vulnerable uncontacted Indians. A proposed constitutional amendment would give Brazil’s Congress – heavily influenced by the anti- indigenous farming lobby – the power to participate in the demarcation of indigenous lands. A draft bill under discussion would open up indigenous land for army bases, mining, dams and other industrial projects, and another would open up indigenous reserves to large-scale mining for the first time. These changes would prove disastrous for Brazil’s tribes such as the Guarani, who already suffer extreme levels of violence by local ranchers and who are pushing for their ancestral land to be returned to them; and the Awá, who have become known as Earth’s most threatened tribe because of the large-scale invasion and destruction of their forest. Survival’s Director Stephen Corry said today, ‘This raft of potential laws is effectively a death sentence for Brazil’s first peoples – tribes don’t survive when their land is stolen. As Brazil prepares to welcome football fans from around the world, how many are aware of the government’s repression?’” Earlier, “Brazil: Protestors call on President to uphold indigenous rights, Survival International, July 1, 2013, http://www.survivalinternational.org/news/9349, reported, “As demonstrators continue to flood Brazil’s streets, Brazilian Indians have joined protestors in calling for an end to the onslaught on indigenous rights by the government. Davi Kopenawa, a spokesman for the Yanomami tribe, and the student movement Movimento Passe Livre (MPL), central to the recent protests, have spoken out against moves by the government to dismantle the Indians’ hard-won constitutional rights. Davi said in a video message, ‘I am angry with the government’s mistakes. The Brazilian authorities are not interested in indigenous peoples living in peace, nor do they want to help the city people.’ He added, ‘In my world, nature is with me and she is listening. She is seeing the errors of the authorities of this country. They should respect our country, respect the peoples of the city, the communities and respect Brazilian indigenous peoples’ rights.’ The student movement MPL also expressed their outrage. In an open letter to Brazil’s President Dilma Rousseff, released before their meeting with her on 24 June, MPL wrote, ‘We hope that this meeting marks a change in the federal government’s position and that this will extend to other social battles: to the indigenous peoples, for example the Guarani-Kaiowá and the Munduruku, who have been attacked by landowners and public bodies.’” At the time of the protest, President Dilma had no yet met with an indigenous representative, despite recent promises to meet with all protest leaders, but she did shortly afterwards. “Survival has written to Pope Francis ahead of his visit to Brazil later this month, urging him to raise the critical situation of indigenous peoples with the government. Stephen Corry, Survival International’s Director, said today, ‘Brazil’s Indians have not faced such an illegal and unconstitutional assault on their rights since the military dictatorship of the 1960s to 80s. As the country prepares to host the World Cup, a papal visit, and the Olympics, the authorities must demonstrate that they govern for all people, including Brazil’s first inhabitants.’” Survival International is sending Brazil’s Minister of Justice one ‘Awáicon’ photo every day in an urgent bid to save the Awá, Earth’s most threatened tribe, from extinction as illegal loggers are destroying their rapidly disappearing island of forest. Photos of the Awáicon – which reads ‘Brazil: Save the Awá – in public places and sported by celebrities will continue to pile up in the Minister’s office each day until the invaders are removed from the Awá’s land in the north-eastern Amazon. Minister José Eduardo Cardozo has promised to evict the invaders imminently from the Awá indigenous territory, but so far no concrete action has been taken. There is no time to waste as the rainy season will start soon, making the evictions operation almost impossible. The government already missed an urgent deadline set by a federal judge to evict the invaders by the end of March 2013. The nomadic hunter-gatherer Awá are growing increasingly desperate as loggers are closing in on them and preventing them from hunting and feeding their families, and the Indians fear for the survival of their uncontacted relatives who are exposed to violence as they live on the run from the invaders in their forest. Survival’s supporters have been spreading the Awáicon across the world’s most famous landmarks – from Brazil’s Sugarloaf Mountain to the White House in Washington DC, from the top of Western Europe’s highest peak on Mont Blanc to South Africa’s Table Mountain. Dozens of celebrities including photographer Sebastião Salgado and film-star Colin Firth are also supporting the campaign. Over 54,000 messages have been sent to the Minister urging him to save the Awá from extinction, and the Americas’ top human rights watchdog, the IACHR, has demanded urgent answers from Brazil over its treatment of the Awá (“Minister receives daily ‘Awáicon’ to save Earth’s most threatened tribe,” Survival International, September 30, 2013,
32 http://www.survivalinternational.org/news/9604). “Brazilian Indians block railway over health chaos,” Survival International, July 11 2013, http://www.survivalinternational.org/news/9365, reported, “Indians from seven tribes in Brazil have blocked a controversial railway, demanding reforms to the indigenous health service, which has fallen into a state of chaos. Approximately 150 Indians have occupied the protest site for over a week, calling for the replacement of some of the directors of the government body responsible for their health care. The Carajás railway, owned by Brazilian company Vale, runs past the territory of Earth’s most threatened tribe, the Awá. It transports iron ore from Vale’s enormous iron ore mine to the Atlantic Ocean. The Awá say that their health and lives are at risk as the trains – some of the longest in the world – scare away the game they rely on for their survival. Vale is now planning to double its railway, despite the Awá’s opposition. Twenty Awá are participating in the current protest. The Awá’s lives changed drastically when the Great Carajás industrial project of the 1980s, including the railway and the mine, opened up their lands and exposed them to invaders who have massacred Awá families and continue to destroy the Indians’ forest. Vale is obliged to pay compensation to the government for the Awá’s health care, but it is reported that much of the money has not reached them. Earlier this year, an Awá woman and mother of five children died of leishmaniasis, a disease that is easily treatable when adequate health care is available. Last year, the Awá and other Indians blocked the railway in protest at government plans to weaken their land rights.” “Tourists: Boycott Botswana over treatment of Bushmen,” Survival International, September, 26 2013, http://www.survivalinternational.org/news/9586, reported, “Survival International is launching a boycott of Botswana tourism on World Tourism Day on Friday, over Botswana’s continuing attempts to force the Bushmen off their ancestral land in the Central Kalahari Game Reserve (CKGR), while promoting the reserve as a tourist destination. Survival has written to dozens of tour operators in Africa, Europe, Asia and the USA, including Trailfinders, Intrepid and Absolute Travel urging them to suspend their trips to Botswana over the disgraceful treatment of the last hunting Bushmen in Africa; and will be launching a new advertising campaign in travel magazines around the world. Survival will also urge over a hundred thousand supporters to join the boycott and write to Botswana’s Minister of Tourism telling him “I’m not coming to Botswana” until the harassment of the Bushmen stops.” “Travel companies join Botswana boycott despite government whitewash,” Survival International, October 17, 2013, http://www.survivalinternational.org/news/9663, reported, “Only weeks after Survival International called for a boycott of Botswana tourism, two travel companies have suspended their tours to the country and several others have expressed concern about the Botswana government’s continued persecution of the Bushmen. The government is stopping the Bushmen from hunting and forces them to apply for permits to access their ancestral land in the Central Kalahari Game Reserve (CKGR)." “Celebrations in Maasai land: Tanzanian PM scraps eviction plan,” Survival International, September 25, 2013, http://www.survivalinternational.org/news/9589, reported, “Maasai people in Tanzania are celebrating today after the Prime Minister scrapped a plan to take 1,500 square miles from them in the name of conservation. The area, known as Loliondo, will instead remain with the Maasai, who the Prime Minister said have taken ‘good care of the area’ since ‘time immemorial’. The creation of many conservation areas, including the famous Serengeti and Maasai Mara parks, has led to thousands of tribal people being evicted from their ancestral lands.” “INDIA: ‘Proud Not Primitive’ campaign challenges prejudice against tribal peoples,” Survival International, July 2, 2013, http://www.survivalinternational.org/news/9350, reported, “A groundbreaking new campaign has been launched in India to challenge the deep-seated prejudice that tribal peoples are ‘backwards’ and ‘primitive’. Such attitudes are often used to justify the theft of their land and attempts to force them to change their ways of life. The ‘Proud Not Primitive’ campaign shows that tribal peoples are not stuck in the past, but have every reason to be proud of the self-sufficient and sustainable ways of life which they have developed over generations. A member of the Toda tribe of Tamil Nadu told tribal rights organization Survival International, ‘I support the Proud Not Primitive campaign. I know what the land means to our communities … We prefer to stay in the forest than being resettled in a town, because this is our homeland …
33 We can take things from the land. Life is happier for us here than in a town.’ Descriptions of tribal peoples as ‘primitive’ and ‘backward’ are openly voiced in the media, by industry representatives and by government officials in India. This prejudice underlies much of the mistreatment that tribal peoples face: mass evictions from their lands and gross violations of their dignity and rights. There is a prevailing view that tribal peoples are ‘backwards’ and in need of ‘development’, that mega projects like dams and mines will ‘benefit’ them and that they need to be brought into the ‘mainstream’. The assumption is that tribal peoples do not know what is best for them. Their rights to their land and to choose their own futures are ignored. Lodu Sikaka, a leader of the Dongria Kondh in Odisha said, ‘It’s crazy when these outsiders come and teach us ‘development’. Is development possible by destroying the environment that provides us food, water and dignity? You have to pay to take a bath, for food, and even to drink water. In our land, we don’t have to buy water like you, and we can eat anywhere for free.’ The ‘Proud not Primitive’ campaign aims to challenge these attitudes. Members of the public, Indian government officials, academics and the media will be encouraged to sign up to the campaign to build a movement to change the way tribal peoples are viewed in India. s long as these prejudices are allowed to prevail tribal peoples’ rights will continue to be violated. Tribal peoples’ rights to their land and to choose how they live must be respected. Visit the ‘Proud Not Primitive’ website for more information: www.notprimitive.in The launch of the ‘Proud Not Primitive’ campaign comes just days after the National Advisory Council released draft recommendations on the ‘Development Challenges Specific to Particularly Vulnerable Tribal Groups (PVTGs)’, which, while making some positive recommendations, fails to put the recognition of tribal peoples’ land rights first when it comes to their ‘development’.” }~~~---->>>>>>>-=+=-<<<<<<<----~~~{
INDIAN AND INDIGENOUS DEVELOPMENTS Steve Sachs
Environmental Developments
The fifth report from the Intergovernmental Panel on Climate Change declares that the authors are now 95% to 100% confident that human activity is the primary cause of planetary warming, while warning that sea levels could conceivably rise by more than three feet by the end of the century if emissions continue to increase at their current rate. The draft report attributes a recent slowdown in the increase of warming as most likely to short-term factors, as it emphasizes that the basic facts about future climate change are more established than ever, reiterating that many of the consequences of escalating emissions are likely to be profoundly destructive (Justin Gillis, “Climate Panel Cites Near Certainty on Warming,” The New York Times, August 19, 2013, http://www.nytimes.com/2013/08/20/science/earth/extremely-likely-that-human-activity-is- driving-climate-change-panel-finds.html?ref=todayspaper). Justin Gillis, “U.N. Climate Panel Endorses Ceiling on Global Emissions,” The New York Times, September 27, 2013, http://www.nytimes.com/2013/09/28/science/global-climate-change-report.html?ref=science, reported, “The world’s top climate scientists on Friday formally embraced an upper limit on greenhouse gases for the first time, establishing a target level at which humanity must stop spewing them into the atmosphere or face irreversible climatic changes. They warned that the target is likely to be exceeded in a matter of decades unless steps are taken soon to reduce emissions. Unveiling the latest United Nations assessment of climate science, the experts cited a litany of changes that were already under way, warned that they were likely to accelerate and expressed virtual certainty that human activity is the main cause.” For the first time, the panel called for a “carbon budget” for humanity — a limit on the amount of the primary greenhouse gas, carbon dioxide, that industrial activities and the clearing of forests can produce, which should be a maximum of one trillion metric tons of carbon burned and the resulting gases released into the atmosphere if global warming is to be kept below 3.6 degrees Fahrenheit (2 degrees Celsius) above the level of preindustrial times. That temperature is a target above which Scientists project the most dangerous effects of climate change would begin to occur if that temperature is surpassed. Since the beginning of the Industrial Revolution slightly more than a half-trillion tons have been burned, as the rate energy 34 consumption continues to expand. At currently projected rates, the trillionth ton is expected to be burned around 2040. More than three trillion tons of carbon are still left in the ground as fossil fuels. The report calls for requirement that when the trillion-ton budget is exhausted, those who want to continue burning fossil fuels would have to develop with ways to capture carbon dioxide and store it underground. In the United States, the Obama administration is moving forward with rules that would essentially require such technology, which is likely to be quite expensive for any future coal-burning power plants. The summary report is available at: http://www.climatechange2013.org/images/uploads/WGIAR5-SPM_Approved27Sep2013.pdf. David Jolly, “United Nations Group Warns on Emissions,” The New York Times, November 5, 2013, http://www.nytimes.com/2013/11/06/world/europe/united-nations-group-warns-on- emissions.html?ref=todayspaper, reported, "Major polluters must immediately begin to reduce greenhouse gas emissions if the rise in global temperatures is to be held in check, or else a higher price will have to be paid later, according to a report released Tuesday by the United Nations Environment Program. While a failure to act swiftly will not necessarily doom the effort to limit the rise in global temperatures to 2 degrees Celsius, or 3.6 degrees Fahrenheit, above preindustrial levels, it will make it much harder and more expensive to do so, the agency said in its latest Emissions Gap Report. The authors said delay today would require more drastic measures in the future as well as a gamble on currently unproven technologies. Speaking at a news conference in Berlin to introduce the report, Achim Steiner, the executive director of the United Nations Environment Program, said the window of opportunity for meeting the target was 'becoming ever more elusive.' But he said meeting the emissions target by 2020 was still possible “by strengthening current pledges and by further action.' Scientists believe that any increase in global average temperatures above 2 degrees Celsius could create conditions for potentially catastrophic climate change. Negotiators at a United Nations climate summit meeting in Mexico agreed in 2010 to try to hold temperatures below that level by aggressive measures." Steven Lee Myers and Nicholas Kulish, “Growing Clamor About Inequities of Climate Crisis,” The New York Times, November 16, 2013, http://www.nytimes.com/2013/11/17/world/growing-clamor-about-inequities-of- climate-crisis.html?ref=todayspaper&_r=0, reported, "Following a devastating typhoon that killed thousands in the Philippines, a routine international climate change conference here turned into an emotional forum, with developing countries demanding compensation from the worst polluting countries for damage they say they are already suffering." "From the time a scientific consensus emerged that human activity was changing the climate, it has been understood that the nations that contributed least to the problem would be hurt the most. Now, even as the possible consequences of climate change have surged — from the typhoons that have raked the Philippines and India this year to the droughts in Africa, to rising sea levels that threaten to submerge entire island nations — no consensus has emerged over how to rectify what many call 'climate injustice.'” "Many negotiators here have pressed to create a new mechanism that effectively accepts the idea that the results of climate change are irreversible and that the countries that are hit hardest first must be compensated." A report by a panel appointed by the National Research Council, and funded by several U.S. government agencies, released in early December 2013, found that increasing global warming poses risks of rapid events that could have catastrophic effects. Among the relatively sudden occurrences that are seen as a greater danger for the more distant than the immediate future are: huge rapid releases of the powerful greenhouse warming gas methane from the arctic [where this is already a serious problem as permafrost has been melting] and the oceans, causing a rapid extremely destructive heating of the Earth; the sixth largest mass extinction of plant and animal species in the history of the planet; the formation of huge oxygen starved dead zones in the oceans; the collapse of the West Arctic Ice Sheet causing a large ocean rise that previously had been estimated at 20 feet (Similarly it had previously been reported that if melting the Greenland ice cap completely collapsed, that would raise the oceans 20 feet, while the melting of all glaciers and ice caps combined with warming of ocean waters would bring a 200 foot rise in ocean levels); and a shutting down or rerouting of heat circulation by the Gulf Stream in the Atlantic that would very seriously chill many northern nations (Justin Gillis, "Panel Says Global Warming Risks Sudden, Deep Changes," The New York Times, December 4, 2013). Justin Gillis, “Climate Change Seen Posing Risk to Food Supplies,” The New York Times, November 1,
35 2013, http://www.nytimes.com/2013/11/02/science/earth/science-panel-warns-of-risks-to-food-supply-from- climate-change.html?hp, reported, that a preliminary draft of the UN Intergovernmental Panel on Climate Change to be released in March (with possible modifications), now finds that while global warming induced climate change will have some beneficial effects on some agriculture, over all the impact will be detrimental, and if warming increases at the currently projected rate the net result is projected to be a 2% decline in agricultural production every decade, while populations are expected to continue to grow from the present 7.2 billion people, to 9.6 billion by 2050. The greatest reduction in agriculture is predicted to come in the tropics. The impact of this change alone would bring food price inflation, scarcity, political turmoil and violence. Meanwhile, “the scientists say, they are already seeing the harmful effects in some regions.” “The report also finds other sweeping impacts from climate change already occurring across the planet, and warns that these are likely to intensify as human emissions of greenhouse gases continue to rise. The scientists describe a natural world in turmoil as plants and animals colonize new areas to escape rising temperatures, and warn that many could become extinct. The warning on the food supply is the sharpest in tone the panel has issued. Its previous report, in 2007, was more hopeful.” “The report finds that efforts to adapt to climate change have already begun in many countries. President Obama signed an executive order on Friday to step up such efforts in the United States. But these efforts remain inadequate compared with the risks, the report says, and far more intensive — and expensive — adaptation plans are likely to be required in the future.” However, there is still opportunity to have a strong impact in moderating climate change by greatly reducing greenhouse gas emissions. See Justin Gillis, "A Jolt to Complacency on Food Supply," The New York Times, November 12, 2013, showing that in the United States we are already experiencing declines in agricultural production from climate change, and Elizabeth Weise, "Some Crops Migrate North with Warmer Temperatures," USA Today, September 18, 2013, showing increases in agricultural opportunities in more temperate areas as crop yields decline closer to the equator [though the overall impact is negative].
Justin Gillis, “By 2047, Coldest Years May Be Warmer Than Hottest in Past, Scientists Say,” The New York Times, October 9, 2013, http://www.nytimes.com/2013/10/10/science/earth/by-2047-coldest-years-will-be- warmer-than-hottest-in-past.html?ref=todayspaper, reported, “If greenhouse emissions continue their steady escalation, temperatures across most of the earth will rise to levels with no recorded precedent by the middle of this century, researchers said Wednesday. Scientists from the University of Hawaii at Manoa calculated that by 2047, plus or minus five years, the average temperatures in each year will be hotter across most parts of the planet than they had been at those locations in any year between 1860 and 2005. To put it another way, for a given geographic area, ‘the coldest year in the future will be warmer than the hottest year in the past,’ said Camilo Mora, the lead scientist on a paper published in the journal Nature.” The rising temperatures will put increasing stress on the tropics, particularly on tropical rainforests (needed to help absorb carbon dioxide from the air) and their habitats, and on coral reefs and other habitats." Dr. Robert Reuschlein’s presentation on “Hurricanes, Droughts, and the Global War Cycle” to the World Future Society Conference, Saturday, July 20, 2013 at the Chicago Hilton Hotel shook the world, http://www.academia.edu/4044447/Climate_War_Cycle_7_20_13, states, “Reuschlein shared proof of two important global warming discoveries with an enthusiastic group of about 50 World Futurists. Jaws dropped and cell phone cameras from several people in the front rows emerged to capture the moment on the power point where Reuschlein proved two things. He proved the existence of the 55 year climate warming and cooling cycle and showed that a linear growth of baseline world temperature has existed since 1910. He further showed that we have doubled the linear rate of global warming since 1973 in a new baseline.”
As glaciers round the world melt from global warming, holes form through the glaciers through which water pours to the bottom of the glacier, flowing out, causing more melting at the bottom of the glacier, and causing instability in the mass above. When these flows are rapid, they can cause flooding, as has happened in short bursts in the brief Alaska summer in the city of Juneau (Kirk Johnson, “Alaska Looks for Answers in Glacier’s Summer Flood Surges,“ The New York Times, July 22, 2013, http://www.nytimes.com/2013/07/23/us/alaska-looks-for-answers-in-glaciers-summer-flood-
36 surges.html?ref=todayspaper&_r=0). Arctic Sea Ice, while expected to keep shrinking over time with global warming, does so unevenly, in the summer of 2013 shrinking 30% less than its record low in the summer of 2012 (Gautam Naik, “Arctic Ice Grows After Record Melt in 2012,” Wall Street Journal, September 11, 2013). The October 2013 issue of the journal Climatic Change was devoted to indigenous perspectives on climate change (“Obama Taps Tribes to Assist in Adapting to Climate Change,” ICTMN, November 1, 2013, http://indiancountrytodaymedianetwork.com/2013/11/01/tribes-named-participants-obamas-climate-change-plan- 152037).
The Alaska Village of Kivalina, and its 400 residents is threatened to soon become the next inhabited place to be devoured by the rising oceans of global warming induced climate change (“BBC News Magazine Profiles Disappearing Kivalina, Alaska,” ICTMN, August 15, 2013, http://indiancountrytodaymedianetwork.com/2013/08/15/bbc-news-magazine-profiles-disappearing-kivalina- alaska-150898).
Ian Lovett, “California Court Upholds Emissions Curbs,” The New York Times, September 18, 2013, http://www.nytimes.com/2013/09/19/us/california-court-upholds-emissions-curbs.html?ref=todayspaper, reported, “A federal appeals court on Wednesday upheld California’s transportation fuel standards, which are designed to help reduce greenhouse gas emissions from fuel to 1990 levels by 2020.” A report by the non-profit research organization CDP, released in Decenmber 2013m found that at least 29 large companies with close ties to the U.S. Rpublican party, including Walmartm ExxonMobil, and American Electric Power are expecting and open to paying for carbon pollution as a means for limiting global warming (Coral Davenport, "Large Companies Prepared to Pay Price on Carbon," The New York Times, December 5, 2013). Energy and other environmental issues are extremely complex, and it takes great care, with good holistic thinking, to come up with a good plan of action. Even then, implementation is often difficult to achieve properly, as unanticipated impacts and circumstances often arise, so flexibility and continual adjustment are needed applying even the best plan. So it is that Germany, already working to reduce CO2 emissions, in part by reducing burning of carbon based fuels, decided to rapidly faze out nuclear power plants, greatly increasing the use of wind and solar power to make up the difference, has run into serious problems in implementation. Building large windmill farms at sea, not only takes time and expense, but it is also costly and time consuming to construct the infrastructure to get the electricity generated to people, thus this aspect of the program is behind schedule. Meanwhile, the wind does not always blow, nor the sun shine, so that expensive and CO2 polluting fossile fuled back up generators need to periodically come on line when renewable energy output falls. These and other problems have resulted in Germany’s greenhouse gas pollution continuing to increase, while, given the financial arrangements of the plan, elecricity costs have risen greatly, cauing difficulties for individuals and businesses. As all political parties supported the plan, there likely will not be politcal fall out in the next election. But if appropriate ajustments can not be made, there could be down the road (Melissa Eddy and Stanley Reed, “Germany’s Effort at Clean Energy Proves Complex,” The New York Times, September 18, 2013, http://www.nytimes.com/2013/09/19/world/europe/germanys-effort-at-clean-energy-proves- complex.html?ref=todayspaper&_r=0). A strong indicator of climate change is that reinsurance companies are teaming up with climate scientists to change how they calculate risks from natural events, and are urging the insurance companies they insure to do the same. Until now, risk of a natural damaging event was calculated from past history. But as climate changes, history is no longer a good basis for risk calculation, so risk calculations are being shifted to being based on current scientific projections. One conclusion is that denying climate change is now not only foolish, but bad for business (Mggie Koerth-Baker, “Mutually Insured Destruction,” Eurka, September 1, 2013).
37 Diane Cardwell, “U.S. Revives Aid Program for Clean Energy, The New York Times,: September 19, 2013, http://www.nytimes.com/2013/09/20/business/energy-environment/us-revives-aid-program-for-clean- energy.html?ref=todayspaper , reported, “The Obama administration has decided to revive a controversial loan guarantee program at the Energy Department, administration officials said on Thursday, even as the program remains under Congressional scrutiny after losing hundreds of millions in taxpayer money on investments in failed green energy start-ups like the solar module maker Solyndra.” The program would be expanded from renewable energy, devoting as much as $8 billion to making coal, gas and oil energy cleaner. Navajo Nation is in the planning stages on building a huge solar electric generating park, tenttively to produce 4370 megawatts at Iyanbito, NM, under an agreement with between Navajo Nation and Nabeecho Power (Bill Donovan, "Future Looks Bright for Solar Park," Navajo Times, August 1, 2013; and Alastair Lee Bitsoi, "New, Large Solar Project Planned for Easterrn Navajo," Navajo Times, September 26, 2013). Arizona Public Service in its Solana is experimenting with storing heat from its huge mirror solar elctric plant in underground tanks of moltan salt from which the heat can be returned when the sun goes down to continue boiling water togenerate electricity (Mathew Wald, "Arizona Utility Tries Storing Solar Heat for Use After Dark," The New York Times, October 18, 2013). The European Union Parliament voted, in December 2013, to revive its carbon trading program, suffering from two many cargon pollution permits being issued, by cancelling the third round of new carbon permits to be issued over the next three years. Many experts say that further steps need to be taken for meaningful reform (Stanley Reed, "European Lawmakers Support Carbon Trading System," The New York Times, December 11, 1013). Australian Prime Minister Rudd announced plans, in July, to replace an unpopular tax on carbon emissions with a market based carbon trading system (Matt Siegel, “Premier Cancels Carbon Tax, The New York Times, July 17, 2013). William Neuman, and Andre Zarate, “Corruption in Peru Aids Cutting of Rain Forest, The New York Times, October 18, 2013, http://www.nytimes.com/2013/10/19/world/americas/corruption-in-peru-aids-cutting-of- rain-forest.html?src=me, reported that pervasive corruption in Peru has allowed illegal logging to go unabated in the Amazon rain forest that covers half the country, that is needed to absorb carbon dioxide and reduce global warming. Earth Justice reported, October 20, 2013, “High Court Rebuffs Industry Over Climate Change, Lands,” Supreme Court victories topped an especially successful month for Earthjustice work. The high court refused to hear industry attacks on whether climate change pollutants endanger our health, and it rejected attacks on pollution limits for cars and trucks (http://action.earthjustice.org/site/R?i=0L4fY8jTyKJIzN82pbuFrw). The court also ended a long fight over oil and gas development on public lands (http://action.earthjustice.org/site/R?i=Gv_2IHiiwO1YcRmijvH19g). Gary Paul Nabhan, “Our Coming Food Crisis,” The New York Times, July 21, 2013, http://www.nytimes.com/2013/07/22/opinion/our-coming-food-crisis.html?ref=todayspaper commented, that again this summer hot weather, with temperature often over 100, spread for long periods across the western United States, considerably reducing crops and the availability of seeds for future plantings in the 17 western states producing 40% of U.S. net farm income, while increasing farming costs and water use, amidst long term drought reducing the amount of available water. This is a new reality to which farmers, federal farm policy and the nation need to adjust, but workable alternatives are being resisted by much of agro- business, focused on keeping profits up from crop insurance payments, and avoiding more regulation that could come with appropriate new agricultural programs. Nabhan proposes, based upon successful experience with desert farming, that, “One strategy would be to promote the use of locally produced compost to increase the moisture-holding capacity of fields, orchards and vineyards. In addition to locking carbon in the soil, composting buffers crop roots from heat and drought while increasing forage and food-crop yields. By simply increasing organic matter in their fields from 1 percent to 5 percent, farmers can increase water storage in the root zones from 33 pounds per cubic meter to 195 pounds. And we have a great source of 38 compostable waste: cities. Since much of the green waste in this country is now simply generating methane emissions from landfills, cities should be mandated to transition to green-waste sorting and composting, which could then be distributed to nearby farms. Second, we need to reduce the bureaucratic hurdles to using small- and medium-scale rainwater harvesting and gray water (that is, waste water excluding toilet water) on private lands, rather than funneling all runoff to huge, costly and vulnerable reservoirs behind downstream dams. Both urban and rural food production can be greatly enhanced through proven techniques of harvesting rain and biologically filtering gray water for irrigation. However, many state and local laws restrict what farmers can do with such water. Moreover, the farm bill should include funds from the Strikeforce Initiative of the Department of Agriculture to help farmers transition to forms of perennial agriculture — initially focusing on edible tree crops and perennial grass pastures — rather than providing more subsidies to biofuel production from annual crops. Perennial crops not only keep 7.5 to 9.4 times more carbon in the soil than annual crops, but their production also reduces the amount of fossil fuels needed to till the soil every year. We also need to address the looming seed crisis. Because of recent episodes of drought, fire and floods, we are facing the largest shortfall in the availability of native grass, forage legume, tree and shrub seeds in American history. Yet current budget-cutting proposals threaten to significantly reduce the number of federal plant material centers, which promote conservation best practices. If our rangelands, forests and farms are to recover from the devastating heat, drought and wildfires of the last three years, they need to be seeded with appropriate native forage and ground-cover species to heal from the wounds of climatic catastrophes. To that end, the farm bill should direct more money to the underfinanced seed collection and distribution programs. Finally, the National Plant Germplasm System, the Department of Agriculture’s national reserve of crop seeds, should be charged with evaluating hundreds of thousands of seed collections for drought and heat tolerance, as well as other climatic adaptations — and given the financing to do so. Thousands of heirloom vegetables and heritage grains already in federal and state collections could be rapidly screened and then used by farmers for a fraction of what it costs a biotech firm to develop, patent and market a single “climate-friendly” crop. Investing in climate-change adaptation will be far more cost-effective than doling out $11.6 billion in crop insurance payments, as the government did last year, for farmers hit with diminished yields or all-out crop failures.”
Grass Roots International reported, November 4, 2013, http://org2.salsalabs.com/dia/track.jsp?v=2&c=acyc4OQthaauT3gujsJNqsMoGbkCd2ig, “Monsanto, Pioneer and Syngenta and other agribusinesses hit a wall in their quest to plant more than 6 million acres (an area about the size of El Salvador!) in Mexico with genetically modified (GM) corn when the Federal Mexican Tribunal suspended authorization for the planting of all GM corn.” The decision can be reversed.
Meanwhile, following a year of drought, much of the southeastern United States has suffered from an excess of rain and cloudy days in the summer of 2013 greatly reducing crop yields and quality. Some melon growers have reported their harvests down by half, with most of the melons of poor quality. Other crops including tomatoes and tobacco have been similarly hit, while peaches look good, and are larger than normal, but their flavor is watered down (Tim Severson, “With Too Much Rain in the South, Too Little Produce on the Shelves,” The New York Times, July 29, 2013, http://www.nytimes.com/2013/07/30/us/too-much-rain-in-the-south-too-little-produce- on-the-shelves.html?ref=todayspaper). The drought in California in summer 2013, bringing low water on the Klamath-Trinity Rivers System has brought a water fight to court that could lead to a huge salmon decline if corporate agricultural interests are successful in their suite to prevent the U.S. Bureau of Reclamation from releasing extra water from dams along the Trinity River (which would not be available for irrigation) to keep water levels high enough to allow salmon to return and spawn. The case was to be heard in late August (Brian Smith, “Crisis In Court: Mega-farms Trying to Seize Salmon Water,” Earthjustice, August 16, 2012, http://earthjustice.org/blog/2013-august/crisis-in-court-mega-farms-trying-to-seize-salmon-water).
Wildfires continue to become worse in the parched western U.S., as a result of drought, and warming climate plus drought greatly increasing tree deaths from bark beetles. In mid August a wildfire near Park 39 City Utah raced across several mountains, destroying 14 homes, as of August 15, when the fire was 25% contained (on scene report from a home owner whose house escaped with some singeing), while another blaze in Western Utah spread into Idaho threatening the Sun valley resort, where 1600 homes were evacuated, August 16, ahead of the then 100 square mile Beaver Creek Fire (“Idaho: Fire Threatens Resort,” The New York Times, August 16, 2013, http://www.nytimes.com/2013/08/17/us/idaho-fire-threatens-resort.html?ref=todayspaper). As global warming continues to become more personal, this writer has been concerned about people he knows whose enterprise is threatened by the Rim Fire, one of 10 on August 22 in California, that had burned over 26 miles to threaten the town of Groveland. The Rim Fire continued to spread quickly, by August 30 it was threatening San Francisco electrical supplies, and water as the fire approached the Hech-Hechy Reservoir, threatened to contaminate a major San Francisco water supply. As of August 30, the Rim Fire had consumed 201,894 acres, making it the largest active wildfire in the country and the fifth largest in California history, with containment of only some 30%. With travel in large areas near Yosemite interrupted, the fire has been a major blow to the economy of the area, greatly reducing tourism (Malia Wpllan, “Wildfire Chokes Off Tourist Towns’ Livelihood,” The New York Times, August 29, 2013, http://www.nytimes.com/2013/08/30/us/wildfire-chokes-off- tourist-towns-livelihood.html?ref=todayspaper&_r=0). In all, the Rim Fire burned 257,341 acres (Carol Pogash, “Hit Twice by Hard Times, a Town Works to Rebound,” The New York Times, November 7, 201, http://www.nytimes.com/2013/11/08/us/hit-twice-by-hard-times-a-town-works-to- rebound.html?ref=todayspaper&_r=0). Wildfires in California, as in much of the west, were continuing on September 9, 2013, as a blaze in Mount Diablo State Park in Contra Costa County intensified (“Calif. Wildfire Intensifies,” USA Today, September 10, 2013). “California: Fires Prompt Air Quality Warning,” September 9, 2013, http://www.nytimes.com/2013/09/10/us/california-fires-prompt-air-quality- warning.html?ref=todayspaper, reported, “Air quality officials are warning San Joaquin Valley residents of potential health hazards because of increasing ozone levels and smoke from lingering wildfires. The San Joaquin Valley Air Pollution Control District issued an air alert, the second this year, on Monday for San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings and Tulare Counties and parts of Kern County”. There have been so many severe fires in the U.S. west in 2013 that, as of August 22, the Forest Service was about to run out of fire fighting money, and was taking funds from other programs to fight fires, having spent $1.17 billion of its $2,4 billion budget on wild fires (“Money for Fighting Wildfires Runs Low,” The New York Times, Published: August 21, 2013, http://www.nytimes.com/2013/08/22/us/money-for-fighting-wildfires-runs- low.html?ref=todayspaper). President Barack Obama declared a major disaster exists for the Karuk Tribe of far northern California (Syskue County), on August 29, 2013, as a result of a wildfire from July 29 to August 2, 2013, allowing for federal aid to supplement the tribe’s efforts in the affected areas (“President Obama Declares Disaster Exists for the Karuk Tribe,” ICTMN, August 30, 2013, http://indiancountrytodaymedianetwork.com/2013/08/30/president-obama-declares-disaster-exists-karuk-tribe- 151096). Wildfires were again a serious problem in Australia, in the most populated state of New South Wales, in October, 2013, with some of the most damaging fires in the nation's history streached along a 190 mile front ("Australia Struggles to Control Wildfires," The New York Times, October, 21, 2013). University of Colorado Physics Professor Miku KaKu commented on TV Morning News, September 11, 2013, that while the hurricane season has been the quietest in decades to date, with many small storms missing major landfalls, the Caribbean has become warmer than it was historically, reaching what may be a new normal, with a 50% greater chance of hurricanes in 2013, and 1 72% chance of a major hurricane reaching land. Michael Wines, “Study Sees a Higher Risk of Storms on the Horizon,” September 23, 2013, http://www.nytimes.com/2013/09/24/us/study-sees-a-higher-risk-of-storms-on-the-horizon.html?ref=todayspaper, reported, “The eastern and central United States likely will see a greater risk of severe weather by the middle of this century as rising temperatures trigger atmospheric changes that favor storms, a new study by climate scientists from Stanford and Purdue universities concludes. By the century’s final 30 years, the study forecasts, the eastern United States could experience severe thunderstorms an average of nearly 7.5 spring days, an increase of almost 42 percent. A 15 percent increase is forecast during June, July and August. The largest 40 single increase, an average of more than 2.4 days, was likely from March through May across parts of Texas, Oklahoma and Louisiana. The study’s data suggest — but do not flatly predict — that the number of days with conditions favorable to tornadoes will increase as well. “ U.S. costal city mayors are beginning to pay attention to the growing rising oceans coming with global warming induced climate change, as they met to consider attempting to develop plans to adopt to rising oceans, as they met in a two day conference in Fort Lauderdalem FL, in November. But state governments have yet to give attention to the approaching serious problem [except for the South Carolina Legislature that passed a law that the ocean can not be considered rising faster than the now out dated projected rates of several years ago. Should they punish the ocean for rising faster by holding it in jails in costal areas when the waters pour in?]. South Florida is particularly threatened with many areas less than three feet above current high tide line. Wit in less than a century (and quite possibly much sooner), barrier islands, the Florida Keys, coastal communities and subtropical beaches will be mostly submerged, while the Everglades, that gives the region its fresh water, will become salty, as the ocean is expected to rise four to six feet by 2100. Long before that many areas, with billions of dollars worth of property, and tremendous amounts of infrastructure that will be impacted, as Florida has 2,555 miles of road, 35 public schools, one power plant and 966 sites listed by the Environmental Protection Agency, including hazardous waste dumps and sewage plants that will become serious pollution problems if flooded. Businesses have so far paid little attention to the now nearing flooding problem. Hopefully they will begin to plan before insurance companies force them to by refusing to cover loss related to the rising ocean (Nick Madigan, “South Florida Faces Ominous Prospects From Rising Waters,” The New York Times, November 10, 2013, http://www.nytimes.com/2013/11/11/us/south-florida-faces-ominous- prospects-from-rising-waters.html?ref=todayspaper&_r=0).
Huge downpours of rain, beginning in May, 2013, brought heavily polluted Lake Okeechobee, to the point where it had either to risk its 143 mile earthen dyke breaking, sending an immense flood of highly polluted water across agricultural lands and small communities south of the lake, or release billions of gallons of polluted water into the St. Lucie River Estuary to the East, and the Caloosahatchee River Estuary to the West. The Army Corps of Engineers chose the latter, resulting in the combination of upsetting the fresh-salt water balance of the estuaries, combined with the toxic pollution, killing shell fish and manatees in their breeding grounds, and seriously damaging sea grasses and reefs (important breeding places). Florida Governor Rick Scott proposed a pair of projects, totaling $130 million to fix the economic and environmental serious problem in the future: one to let more water from the lake return to flowing south, as it historically did, to the Everglades (which environmentalists have long called for, for the health of the Everglades), and the second would clean more of the pollution from farms, ranches, septic tanks and golf courses before it reached the lake (Lizette Alvarez, “In South Florid, Polluted Bubble Ready to Burst,” The New York Times, September 9, 2013).
Colorado and New Mexico were deluged with record rains in mid-September, 2013. In some areas as much as 15” of rain fell in 48 hours, and with rain continuing for days, Boulder, CO received its normal yearly total of 21 inches in one week. A very wide series of storms simultaneously dropped huge amounts of rain across a wide area, flooding many communities and rural areas. A number of towns were completely isolated, at least four people were known dead and some 800 were missing as of September 15, as bridges and sections of roads washed away or blocked by debris or rock slides, dams broken, and many homes washed away, as 800 people were evacuated in what the governor of Colorado called a “thousand year storm.” The worst flooding was from Denver north to Fort Collins. In Boulder, the sheriff commented that in previous floods only one or two drainages were involved. This time, all the drainages were deluged. The flooding in Colorado also has caused oil spills from turned over tanks and other sources (but no oil well’s appear to have leaked or flooded). At the end of September 26, 2013, more than 37,000 gallons is known to have leaked, and is a pollution problem (Jack Healy, “After the Floods in Colorado, a Deluge of Worry About Leaking Oil,” The New York Times, September 26, 2013 http://www.nytimes.com/2013/09/27/us/after-the-floods-a-deluge-of-worry- about-oil.html?ref=us). Wide areas of New Mexico were hit by record rains, bringing historic river flows, evacuations, and wide spread damage, from the Colorado to the Texas boarders. As much as 7 inches of rain had
41 fallen in Pecos in four days, as of September 13, with rain continuing, though generally at a lesser rate in both Colorado and New Mexico. The Navajo Nation, in the “worst rain in decades," suffered from the flooding which brought numerous home evacuations and school closings, along with sufficient damage to warrant U.S. disaster relief. At least 100 families were flooded out of their homes (Jack Frosch and Jack Healy, “Colorado Floodwaters Force Thousands to Flee,” The New York Times," September 13, 2013, http://www.nytimes.com/2013/09/14/us/colorado-flooding.html?ref=todayspaper; Patrick Lohmann, “Historic Rainfall,“ Albuquerque Journal, September 14, 2013; CBS Morning News, Denver, September 12-13, 2013, and Jack Healey, “More Rain in Colorado Frustrates Rescue Efforts, “ The New York Times: September 15, 2013, http://www.nytimes.com/2013/09/16/us/rain-returns-to-flooded-colorado-frustrating-efforts-to-rescue- stranded.html?ref=todayspaper; .Cindy Yurth and Bill Donovan, "Monsoon Lashes Nation," Navajo Times, September, 12, 2013; Bill Donovan, "Worst Rain in Decades," Navajo Times, September 19, 2013). As a result of a forest fire two years previous, Santa Clara Pueblo in New Mexico suffered serious flooding in July and in September, 2013, bringing FEMA to declare emergencies in bothj occasions to provide support to the Pueblo (“Second FEMA Disaster Declaration for Flooded Santa Clara Pueblo in a Month,” ICTMN, November 1, 2013, http://indiancountrytodaymedianetwork.com/2013/10/25/second-fema-disaster- declaration-flooded-santa-clara-pueblo-month-151934). Navajo Nation also suffered in the September floods, with many houses destroyed and dozens of people displaced (“Flash Flooding on Navajo Nation Displaces Scores, Wrecks Homes With Mold and Mud,” ICTMN, September 14, 2013, http://indiancountrytodaymedianetwork.com/2013/09/14/flash-flooding-navajo-nation-displaces-scores-wrecks- homes-mold-and-mud-151282).
We can see the impact of climate change clearly in New Mexico with the continuing worsening, now record, drought, making water NM’s greatest problem: For three years, 2011-13, the Rio Grande went dry in summer 25 miles south of Albuquerque, and in 2013 was almost dry in ABQ when the rains came. In 2013: Magdalena ran out of water, and in Placitas people are digging deeper wells. Farmers in Southern New Mexico received only 10% their normal allotment of irrigation water, and as of July 8, there was no more irrigation water for farmers from Cochiti Lake to Elephant Butte, and it was expected to run out for farmers south of the Butte in days. Starving bears and other animals have been coming down from the mountains in search of food. One extreme to the other: when the rains came in September, temporally relieving the drought, they were at record levels across much of the state, bringing record river flows, flooding and damage. Drought brought three bad fire seasons, as drying, and dying trees from increased bark beetles, led to the largest wildfire in NM history in 2011, and then again in 2012 (Stuart Dyson, ‘Rio Grande River drying up,” KOB Eyewitness News 4, July 8, 2013, 6:32 PM, http://www.kob.com/article/stories/S3091878.shtml ; personal reports to Stephen Sachs in Albuquerque, and past reports in these pages).
Even as, sometime, record, rains, with flooding in September, at least temporarily broke deep droughts in Arizona, Colorado, and New Mexico, Neena Satija, “Amid Drought, a Water Fight Spills Into Legal Territory,” The New York Times, September 14, 2013, http://www.nytimes.com/2013/09/15/us/amid-drought-a-water-fight- spills-into-legal-territory.html?ref=todayspaper, reported, “As Texas’ rivers run dry and lakes fall to record low levels, part of the fight over water supplies is moving underground. Neighbors who pump water from the same formations beneath their land have long argued over that water. But the stakes are rising as cities and industries see groundwater as a solution to the demands of explosive population growth. But Texas law governing groundwater is murky, and a recent state appeals court decision signals that only years of expensive legal battles will provide clarity.” The long southwest drought continued in Texas, in November 2013. “With or Without $2 Billion, Water Woes Unlikely to Go Away,” The New York Times, November 2, 2013, http://www.nytimes.com/2013/11/03/us/with-or-without-2-billion-water-woes-unlikely-to-go-away.html?src=me, reported, “Texas has a long way to go before solving its water deficit. The drought has shown little sign of letting up soon, and the state’s population explosion has not abated, either. Officials in Austin say its
42 reservoirs could run dry in the next several years, echoing concerns across the state. Near the Oklahoma border, Wichita Falls is also facing a dire water situation as its reservoirs’ levels near 30 percent of capacity.” But Texas also suffered extreme local storms, such as the one, in mid-November 2013, reported to this author from people in Wimberly TX, "the powerful storm being that visited our area in Wimberley and elsewhere early Thursday morning. That storm is front and center. As many of you know, we received 13.5 inches of rain in 7 hours on Thursday morning. The severe flooding inundated homes, causing loss of property and livestock. At the end of June, the Western United States was hit with a record heat wave, reaching a record 130 degrees Fahrenheit in death valley, and much of California, Arizona, Nevada, Utah and Idaho suffering very high temperatures (“Western U.S. Wilts in Record Heat Wave,” ICTMN, June 30, 2013, http://indiancountrytodaymedianetwork.com/2013/06/30/western-us-wilts-record-heat-wave-150203).
An immense and unseasonable, record, storm, in mid-October 2013, sweeping across the Great Plains dumped up to five feet of snow in winds up to 70 MPH in freezing weather that killed between 60,000 and 100,000 cattle in Montana and South Dakota's Pine Ridge Reservation declared an emergency, as people were isolated and thousands of cattle died on the reservation. Other reservations in the two states also suffered. The aftermath of the storm included flash flooding in Rapid City and Keystone, SD (Christina Rose, “Entombed in Snow: Up to 100,000 Cattle Perished Where They Stood in Rogue South Dakota Blizzard,” ICTMN, Oxtober 13, 2013, http://indiancountrytodaymedianetwork.com/2013/10/13/entombed-snow-100000-cattle- perished-where-they-stood-rogue-south-dakota-blizzard-151733; Steven Yaccino, “South Dakota Ranchers Face Storm’s Toll, but U.S.’ Helping Hands Are Tied,” The New York Times, October 15, 2013, http://www.nytimes.com/2013/10/16/us/as-south-dakota-ranchers-face-storms-toll-us-helping-hands-are- tied.html?ref=todayspaper&_r=0; “Oglala Sioux Declare State of Emergency After Record-Breaking Early Blizzard,” ICTMN, October 9, 2013, http://indiancountrytodaymedianetwork.com/2013/10/09/oglala-sioux- declare-state-emergency-after-record-breaking-early-blizzard-151672; and “Flash Floods in Keystone and Rapid City After Rain and Wind Pummel Black Hills Region,” ICTMN, October 11, 2013, http://indiancountrytodaymedianetwork.com/2013/10/11/flash-floods-keystone-and-rapid-city-after-rain-and-wind- pummel-black-hills-region-151716). On November 17, 2013, a huge storm spread more than 80 tornadoes acraoss the Midwest leveling towns, killig at least six people and many injuries (in early reports) and causing thousands of power outages, while interrupting ground and air transportation, as well as causing a precautionry two hour delay of the Chicago games football game and evacuation of the stands (Emma G. Fitzsimmons, “Scores of Tornadoes Slam Midwest States,” The New York Times, November 17, 2013, http://www.nytimes.com/2013/11/18/us/severe-storms-batter-central-illinois.html?ref=todayspaper). Another very large storm brining snow and freeing rain, accompanied by unseasonable cold, spread across the U.S. in early December, to varying degrees disrupting ground and air transportation, from New Mexico to the East coast, knocking out electric power in several wide areas, while the accompanying cold was responsible for several deaths from hypothermia among homeless people in the San Francisco area (Emma G. Fitzsimmons, "Winter Storms Grip U.S., Knocking Out Power and Grounding Flights," The New York Times, December 7, 2013, http://www.nytimes.com/2013/12/08/us/winter-storms-grip-us-knocking-out-power-and-grounding- flights.html?ref=todayspaper). Mexico suffered a pair of damaging hurricanes, in late September, the effects of which critics charged were made worse by corruption. Early reports were that 97 died, and the number was expected to rise (Elisabeth Malkin, “In Mexico, Crirics Say that Political Corruption Worsened Impact of Storms,” The New Yoirk Times, September 21, 2013). Elisabetta Povoledo, “Storm Brings Flooding and Destruction to Sardinia,” The New York Times, November 19, 2013, http://www.nytimes.com/2013/11/20/world/europe/storm-brings-flooding-and-destruction-to- sardinia.html?ref=world, reported, ”Streets and fields were flooded, homes and cars were submerged, and at least 16 people were killed on the Mediterranean island of Sardinia after 17 inches of rain — half a year’s worth — pummeled the island over a 24-hour period. The worst of the storm had passed by Tuesday evening, but a persistent rain kept falling.” In early December, a huge storm, with huricane force gust winds struck
43 Great Britain and swept on to the continent, in Britain disrupting ground and air transportation and electricity for thousands of homes as 10,000 homes along the East coast were evacuated with the possibility of the greatest tidal surge in 60 years. As the storm began to hit, flooding was anticipated in Brittan, Scandinavia and Germany, where low lying areas of Hamburg were evacuated ("Big Storm Moves Across Britain and the Continent," The New York Times, December 5, 2013, http://www.nytimes.com/2013/12/06/world/europe/big- storm-moves-across-britain-and-the-continent.html?ref=todayspaper). A storm across the Middle East in mid-December brought the heaviest snows since the 1950's to Jerusalem, and more suffering in snow and cold for Syrian refugees across the region (Anne Barnard, "For Syrian Refugees Short of Food and Clean Water, Snow Is an Added Challenge," The New York Times, December 13, 2013, http://www.nytimes.com/2013/12/14/world/middleeast/for-syrian-refugees-short-of-food-and-clean- water-snow-is-an-added-challenge.html?ref=todayspaper) Gardiner Harris, “Quick Evacuation Efforts Help India Minimize Deaths From Cyclone,” The New York Times, October 13, 2013, http://www.nytimes.com/2013/10/14/world/asia/india-cyclone.html?src=me&_r=0, reported, “The powerful cyclone that struck India’s eastern coast this weekend washed away thousands of mud homes, knocked down power lines, blocked many of the region’s roads and damaged crops and fishing boats. But reports from the region on Sunday showed the success of one of the biggest and most rapid evacuations in India’s history, an operation that moved more than 800,000 people to safety.” The storm, measured as one of the strongest force 5 storms in history while at sea, reached land with less than expected, but still great force. In late October, “Dozens Killed in Southeast India Floods,” The New York Times, October 26, 2013, http://www.nytimes.com/2013/10/27/world/asia/india-floods.html?src=recg, reported, “Days of torrential rains have unleashed floods in southeast India that have killed dozens of people and forced the evacuation of more than 70,000 others from hundreds of low-lying villages.” “Pakistan: Rough Weather Wreaks Havoc Across Region,” The New York Times, August 5, 2013, http://www.nytimes.com/2013/08/06/world/asia/pakistan-rough-weather-wreaks-havoc-across- region.html?ref=todayspaper, reported, “Heavy rains that caused flash floods and collapsed houses in several areas of Pakistan have killed 53 people over the past three days, a Pakistani official said Monday. The same storm system hit eastern Afghanistan, leveling homes and killing at least 69 people in five provinces since Saturday.” Martin Fackler, “Japan: Many Dead or Missing After Typhoon,” October 16, 2013, http://www.nytimes.com/2013/10/17/world/asia/japan-dozens-dead-or-missing-after- typhoon.html?ref=todayspaper, reported, “A powerful typhoon struck eastern Japan on Wednesday, causing landslides and floods that left at least 17 people dead and 43 missing, the police said. Tokyo briefly ground to a halt as bullet trains and flights were suspended when the storm, Typhoon Wipha, swept through with strong winds and rain. At the wrecked Fukushima nuclear plant, workers released the Pacific rainwater that collected near storage tanks, but the company that operates the plant said the contamination was far below safe drinking water levels.” Edward Wong, “Dozens Dead After Heavy Rains in China,” The New York Times, August 19, 2013, http://www.nytimes.com/2013/08/20/world/asia/dozens-dead-after-heavy-rains-in-china.html?ref=todayspaper, reported, “At least 83 people have been killed in recent days in floods and landslides in three different parts of China, according to reports on Monday by Xinhua, the state news agency. With mass evacuations taking place, millions of other people across China have been affected by heavy rains and flooding.” Gerry Mullany, “Strong Typhoon Nears China, Putting Hong Kong on Alert,” The New York Times, September 21, 2013, http://www.nytimes.com/2013/09/22/world/asia/strong-typhoon-heads-to-hong-kong-and- chinese-mainland.html?ref=todayspaper, reported, “The strongest typhoon to hit Asia this year [as of September 21] caused landslides in the Philippines and flooding in Taiwan on Saturday as it appeared headed toward the densely populated Pearl River Delta area of China, with the financial center of Hong Kong preparing for possible business shutdowns at the start of the workweek. Andrew Jacobw, “Typhoon Kills at Least 25 People in China, Reports Say,” The New York Times,: September 23, 2013, 44 http://www.nytimes.com/2013/09/24/world/asia/deadly-typhoon-china.html?ref=todayspaper&_r=0, reported, “A powerful typhoon that had threatened Hong Kong brushed past the southern Chinese city on Sunday night and crashed into Guangdong Province. The local news media said at least 25 people were killed. Typhoon Usagi, described as among the region’s most dangerous storms in three decades, forced the cancellation of hundreds of flights in Hong Kong and delayed the opening of financial markets on Monday. But it weakened as it approached the densely populated Pearl River Delta with winds that topped out at around 110 miles per hour.“
Care reported, November 8, 2013, care.org or https://www.facebook.com/carefans, “Typhoon Haiyan may be the strongest storm in recorded history. Early this morning it made landfall in the Philippines, bringing severe winds, heavy flooding, and downed communication. 10 million are in the path of the super typhoon. Early reports are showing widespread damage to buildings, houses, and infrastructure. We are hoping that the death toll will remain low. CARE is on emergency alert and will be providing people in need with food, shelter kits, and more. We are also preparing now for the storm's next projected target: Vietnam.” Keith Bradsher and Gerry Mullany, “Devastation Feared Across Central Philippines in Typhoon’s Wake,” The New York Times, November 10, 2013, http://www.nytimes.com/2013/11/11/world/asia/philippines-typhoon.html?hp&_r=0, reported, “One of the most powerful typhoons ever recorded now appears to have devastated cities, towns and fishing villages with heavy loss of life when it played a deadly form of hopscotch across the islands of the central Philippines on Friday. Barreling across palm-fringed beaches and plowing into frail homes with a force that by some estimates approached that of a tornado, but sprawling across a huge area of this far-flung archipelago, Typhoon Haiyan delivered a crippling blow to this country’s midsection. Disorder and looting over the weekend compounded the destruction.” The destruction was heavy on several islands. Tacloban on Leyte Island, a city of 220,000 was totally destroyed, most houses being destroyed or seriously damaged, in the storm surge as high as 13 feet in the city, with the city administrator fearing the toll could reach 10,000 in Tacloban alone. In numerous communities along the storm’s path, virtually all communications were cut off. Winds were variously reported as being between 150 to over 190 mph. With many areas in the storms path no higher than ten feet above normal sea level many villages not yet heard from on November 10 may have been wiped out. Ten days after the typhoon’s landfall many area’s remained isolated, and it was difficult to get any supplies or aid to many inland places, though aid efforts were making slow progress in expanding their reach. At this point the death toll was reported at perhaps 2,500, but expected to rise, as 4 million people were displaced, while hunger was rising and the danger of disease was increasing (Austin Ramzy, “Challenge for the Government: 4 Million Are Displaced, and Hunger Grows,” The New York Times, November 18, 2013, http://www.nytimes.com/2013/11/19/world/asia/as-cleanup-begins-displaced-pose-a-challenge-for- philippines.html?ref=world).
Sudan was deluged by floods in August, killing dozens, destroying or damaging 74,00 homes and impacting some 300,000 people. Nafeer, a youth volunteer group, revived a tradition of providing aid in times of need (Isma’il Kushkush, “As Floods Ravage Sudan, Young Volunteers Revive a Tradition of Aid,” The New York Times, August 30, 2013). Somalia’s semiautonomous Puntland region was struck by a tropical cyclone, in early November, that early reports said killed at least 100 people, with hundreds of people reported missing, and more than 100,000 livestock were lost and fishing boats were swept away, endangering the livelihoods of tens of thousands of people (“Somalia: Cyclone Kills at Least 100,” The New York Times, November 11, 2013, http://www.nytimes.com/2013/11/12/world/africa/somalia-cyclone-kills-at-least-100.html?ref=todayspaper). Terri Hansen, “8 Tribes That Are Way Ahead of the Climate-Adaptation Curve,” ICTMN, October 15, 2013, http://indiancountrytodaymedianetwork.com/2013/10/15/8-tribes-are-way-ahead-climate-adaptation-curve- 151763, reported that Native nations in the U.S. are in the lead in adopting to climate change. 1. Swinomish Tribe: From Proclamation to Action: On the southeastern peninsula of Fidalgo Island in Washington State, the Swinomish were the first tribal nation to pass a Climate Change proclamation, in 2007, and have since implemented a concrete action plan in the face of a rising ocean bringing greater tidal surges with storms, which in 2006, caused flooding and damaging reservation property. In 2008 the nation commenced a project to 45 identify needed actions, and then begin taking, among others, with the assistance of funding through the U.S. Department of Health & Human Services and the Administration for Native Americans to support the $400,000 Swinomish Climate Change Initiative, by providing 80% of the funding. “Since the Swinomish started work on climate issues, many tribes across the country have become active on these issues as they also realize the potential impacts to their communities and resources. The Institute for Tribal Environmental Professionals (ITEP) has been funded over the last few years to conduct climate adaptation training, Knight said, ‘and probably more than 100 tribes have now received training on this’.” 2. Jamestown S’Klallam: Rising Sea Levels and Ocean Acidification: The Jamestown S’Klallam nation on the Olympic Peninsula of Washington State released a climate vulnerability assessment and adaptation plan, in the summer of 2013, identifing key tribal resources, outlining the expected impacts from climate change and setting out adaptation strategies for each resource. It included sea- level-rise maps are for three time frames, near (low), mid-century (medium) and end of century (high). 3. Mescalero Apache: Bolstering Tribal Resilience: The Mescalero Apache in southwestern New Mexico flank the Sacramento Mountains and border Lincoln National Forest, where a long and expected to continue drought combined with warming has been increasing the frequency and intensity of wildfires. The tribe has undertaken innovative environmental initiatives to help bolster tribal resilience to climate change impacts, one example of which is constructing a 500,000 gallon pond as an alternative water supply to the fish hatchery in the event of a catastrophic flood event, and with the application of solar powered water pumps, provides water to supply water the Mescalero community garden.” 4. Karuk Tribe: Defending the Klamath River: The Karuk Nation of Northern California, with lands within and around the Klamath River and Six Rivers National Forests, has been implementing parts of its Eco-Cultural Resources Management Draft Plan, released in 2010, synthesizing the best available science, locally relevant observations and traditional ecological knowledge to create an integrated approach to natural resource management, encompassing the potential impacts of climate change. 5. Confederated Salish and Kootenai Tribes: Strategic Planning: The Salish and Kootenai nations of Montana, issued a climate change proclamation in November 2012 and adopted a Climate Change Strategic Plan in 2013. Next the tribes will establish a Climate Change Oversight Committee to monitor progress, coordinate funding requests, continue research involving traditional ecological knowledge, and applying the strategic planning results in other guiding documents, such as the Flathead Reservation Comprehensive Resource Management Plan and others, while updating the plan on a regular basis, according scientific research and ongoing experience. 6. Nez Perce: Preservation Via Carbon Sequestration: The Nez Perce Tribe, of the Columbia River Plateau in northern Idaho, recognized carbon sequestration on forested lands as a means of preserving natural resources and generating jobs and income, while reducing the amount of greenhouse gases emitted into the atmosphere. In the mid to late 1990s the Nez Perce Forestry & Fire Management Division developed a carbon offset strategy to market carbon sequestration credits, with an afforestation project of some 400 acres to establish marketable carbon offsets, develop an understanding of potential carbon markets and cover the costs of project implementation and administration. “As carbon markets soften and actual project development slows, the tribe cites the increased awareness and education of other tribes of the carbon sales process and opportunities for more carbon sequestration projects in Indian country as its biggest accomplishment of the last two years.” 7. Santa Ynez Band of Chumash Indians: Attacking Greenhouse Gas Emissions: Santa Ynez Chumash of southern California has moved to reduce greenhouse gas emissions, significantly, and address the impacts of climate change on tribal peoples, land and resources, including launching the Santa Ynez Chumash Environmental Office (SYCEO), in 1998. Joshua Simmons, Santa Ynez environmental director, stated that the tribe was considering opening a public compressed natural gas (CNG) fueling station, replacing its vehicle fleet with CNG vehicles, while installing EV charging stations, implementing an innovative home, and building upgrade training program through an EPA Climate Showcase Communities grant. SYCEO’s numerous projects have made considerable advances, including major reductions of greenhouse gas emissions. One example is the Chumash Casino’s implementing of a shuttle bus program, in 2009, that eliminated 800,000 car trips that year, replacing them with 66,000 bus trips. Meanwhile, the casino has been reducing its energy consumption, chemical waste and use of one-use materials, while implementing an extensive rainwater and gray water collection and treatment system. “Many of these initiatives have economic benefits and provide a model and economic incentive for tribal and non-tribal businesses to implement similar changes.” 8. Newtok Village: Ultimate Adaptation Plan—Evacuation: This Native village on the western coast of Alaska became
46 some of the U.S.’s first climate refugees, by beginning to relocate to a viable site nine miles to the south, in 1984, rather than attempt temporary adaptation-mitigation, as it became clear that as sea and river cut through and then eroded the permafrost beneath their village, the community would be endangered within 25 to 30 years.
With delay and difficulty achieving the approval of the Keystone XL and other Pipelines, Candian oil companies have been increasing capacity to ship tar sands oil by train and have been increasing production (Clifford Kraus, "Working Around Keystone XL, Suncor Energy Steps Up Oil Production in Canada," The New York Times, November 21, 2013, http://www.nytimes.com/2013/11/22/business/energy-environment/working- around-keystone-xl-suncor-steps-up-oil-production.html?ref=todayspaper).
Toyota has shown off a prototype of a car running on hydrogen from a fuel cell that it hopes to begin selling in 2015 (Eric Pfanner, “Toyota Shows Off Fuel-Cell Automobile,” The New York Times, November 20, 2013, http://www.nytimes.com/2013/11/21/business/international/toyota-unveils-fuel-cell-concept- automobile.html?ref=todayspaper). Care2, August 4, 2013, http://www.thepetitionsite.com/189/280/050/stop-governor-jindal-save-louisianas- wetlands/?z00m=20605540, reported, “The official, Governor-appointed board which manages the levees and storm protection system for New Orleans just filed a lawsuit against nearly 100 oil and gas companies which have been linked to the destruction of wetlands between New Orleans and the Gulf. This is an historic step, because while scientists have shown that at least 36% of Louisiana's catastrophic wetlands loss was caused by the oil and gas industry, no state leaders have ever held them accountable. Louisiana is losing an average of a football field worth of wetlands every hour, so this is a critical effort to bring some of the wealthiest corporations in the world to the table and make them fix what they have destroyed. Unfortunately Governor Tindal immediately came out in opposition to the lawsuit. These wetlands make up important coastal lines of defense which help protect our communities, and can help buffer New Orleans' flood protection system. This is a critical issue, and only getting more urgent as sea levels and flood insurance rates are rising!” Care2 initiated a campaign to change the governor’s mind. Oil company activity is only part of the loss of wetlands. A major contributor has been the diking of the Mississippi, preventing the mud it brings from flowing into the delta and renewing it, leaving the delta and its wetlands open to erosion, including from storms. There have been proposals to put locks in levies that can be opened to allow the muddy water to again flow into the delta. A study by a group from the Louisiana Universities’ Maritime Consortium, released in late August, found much greater contamination of water and sediment in the Gulf of Mexico, resulting from the 2010 Deepwater Horizon oil disaster, than was reported in an earlier U.S. study, raining questions about the sampling used in the first study (Henry Fountain, “Gulf Spill Sampling Questioned,” The New York Times, August 20, 2013). “North Dakota: Oil Leak Is Under Scrutiny,” The New York Times, October 16, 2013, http://www.nytimes.com/2013/10/17/us/north-dakota-oil-leak-is-under-scrutiny.html?ref=todayspaper, reported, “Officials are trying to determine if the Tesoro Corporation knew about potential problems with a pipeline that leaked more than 20,000 barrels of crude oil in a wheat field in the northwestern part of the state. Dave Glatt, chief of the state Department of Health’s environmental health section, said Wednesday that regulators want to know more about inspections conducted before the spill, which was reported by a farmer harvesting wheat near Tioga on Sept. 29.” "Campaign Update—Canada: Federal Review Panel Critical of Taseko’s Mining Plans," Cultural Survival, November 15, 2013, http://www.culturalsurvival.org/news/campaign-update-canada-federal-review-panel-critical- tasekos-mining-plans, reported, "On October 31, 2013, Canada’s Federal Environmental Review Panel submitted an extensive report with their major findings regarding Taseko’s plan to mitigate adverse impacts of the “New Prosperity” gold-copper mine, a project proposed on the lands of the Tsilhqot’in First Nation." "In the report, the Panel concludes that constructing the “New Prosperity” Mine would have a range
47 of negative impacts to the environment and Indigenous communities. In particular, the findings show that Teztan Biny or Fish Lake would be significantly impacted. Identified as a vital cultural, environmental, and economic resource to the Tsilhqot’in people, Fish Lake’s fate is directly tied to the fate of the Indigenous group. The Panel found that the “New Prosperity” Mine would result in significant adverse effect on the Tsilhqot’in current use of lands and resources for traditional purposes, cultural heritage, and archaeological and historical resources. Additionally, the Panel identified adverse impacts on Indigenous tourism, the ability of Indigenous people to harvest food, and the Esk’etemc Community Forest. The Canadian Federal government has up to 120 days to make a final decision regarding Taseko’s plan. Due to the critical findings of the report, it is expected that history will repeat itself—that the proposed “New Prosperity” Mine will be struck down." Uranium mining clean up from the Cold War is continuing on the Navajo Reservation. In April 2013, the Uranium Contamination Stakeholders Workshop met in Farmington, NM on ways to alleviate the extensive remaining contamination over the next five years. In July, the GAO was auditing the removal of tons of radioactive tailings from the North East Churchrock Mine to be moved to the nearby UNC Mill Site for long term storage (Bill Donovan, "Navajo families help create five-year uranium, cleanup plan," Navajo Times, April 18, 2013; and Alastair Lee Bitsoi, "GAO auditing uranium cleanup," Navajo Times, July 25, 2013). Michael Wines, “E.P.A. Is Expected to Set Limits on Greenhouse Gas Emissions by New Power Plants,” The New York Times, September 13, 2013, http://www.nytimes.com/2013/09/14/us/epa-is-expected-to-set-limits- on-greenhouse-gas-emissions-by-new-power-plants.html?ref=todayspaper, reported, “that following up on President Obama’s pledge in June to address climate change, the Environmental Protection Agency proposed, in Mid-September, the first-ever limits on greenhouse gas emissions from newly built power plants.” The proposed regulations would require new and innovative equipment to remove carbon dioxide from emissions. The special Energy section of The New York Times, October 9, 2013 contained several articles about energy trends and developments. Older Nuclear plants in the U.S. are more often closing because the cost of producitn electricty is now lower, and fluctuates hour by hour where nclear plants can not widely vary their output. This is having an impact on building new plants. Also, shortages of certain maetals and rare earths – also used in making photovoltaic cells – because of the environmnetal damage in mining them in the U.S., may restrict the ability of nuclear plants to operate (Matthew L. Wald, “Nuclear Plant Vexed by Prices That Shift as Demand Does”). The drought in parts of the United States has begun to create a shortage of water for cooling in energy production, bringing efforts to find other ways to achieve cooling (Jim Withkin, “In a Hot, Thursty Energy Business, Water is Prized”). India has been increasing the use of agricultural waste to generate biomass energy, and reduce greenhouse gas emissions from the decomposition of the waste if not processed (Amy Yee, “India Increases Effort to Harness Biomass Energy”). Advanced experiments have been in progress off the Scottish coast to harness wave motion so that tidal currants can be used to create electricity (Mark Scott, “Of Scottish Coast, Harnesing Motion of Ocean Waves”). There is evidence that oil, and thus gasoline, prices have dropped from high levels and will remain in a relatively stable range in the mid-term, as production is high, in addition to which the seeming improvement of the Iranian Nuclear and Syrian poison gas situations have lowerd fears of oil flow interruptions, wich fuel price speculation (Clifford Krauss, “Is Stability the New Normal)”. A study, conducted by the University of Texas and sponsored by the Environmental Defense Fund and nine petroleum companies, involving a well considered group of scientific investigators, found that in the drilling process and at the well head (a future study will examine Ntural gas leaks beyond the well head) shale gas is cleaner and better than coal in terms of its impact on global warming, and that the leakage of methane (natural gas) into the air, while substantial – over one million tons annually - was less than previously expected (including by EPA) at the more than 500 wells analyzed. An important finding was that containment measures captured 99% of methane that escaped from new wells during completion, the proces of preparing new wells for production. EPA is requiring drillers to control leaks during completions, which are believed to be one of the major sources of methane losses at fracking wells, by January 2015. A number of companies already capture escaped gases at wells being prepared for production. While EPA-mandated 48 measures appear to have reduced emissions during well completions, the study also concluded that leaks elsewhere in the fracking process were higher than the E.P.A. had previously estimated. Estimates of leaks from chemical pumps, while small, were double past estimates, while leaks from pneumatic controllers, or valves, were found to be 33% higher than previous estimates, at more than 639,000 tons a year. None of those components are currently subject to federal regulation. Shale-gas drilling has been expanding rapidly, as of September 2013, accounting for 30% of all United States natural gas production, and is expected to reach 50% by 2040.
While a fracking for gas and a lesser extent oil is taking place at a rapid rate in the United States, Europe has been more cautious and in places resistant. Fracking has been banned in France and Bulgaria, while in Britain, where little Fracking has yet taken place, the government’s attempts to promote it have led to heated demonstrations in the countryside, and in at least one instance, the abandoning of drilling. Poland, anxious to be less reliant on Russia for natural gas, has begun applying fracking, but at only a modest pace compared to the United States, While the Ukraine signed a lease with Chevron to undertake fracking. In Europe, more densely populated than the U.S., where people are used to paying more for energy and where environmental consciousness is higher, there is considerable doubt about fracking. In early October, the European Parliament voted to require companies wishing to frack to first carry out extensive environmental studies showing the drilling to be safe in each instance. Meanwhile, the more readily available, and thus cheaper, natural gas in the U.S., has found it rapidly replacing coal as a fuel, lowering the world price of coal, and making it attractive to import from the U.S. In Germany, ending its use of nuclear power, with solar and wind energy not increasing fast enough to meet all energy needs, the country is increasing its use of coal, despite attempting to lower fossil fuel pollution (Steven Erlanger, “As Drilling Practice Takes Off in U.S., Europe Proves Hesitant,” October 9, 2013, http://www.nytimes.com/2013/10/10/world/europe/as-drilling-practice-takes- off-in-us-europe-proves-hesitant.html?ref=todayspaper; and “Europe Votes to Tighten Rules on Drilling Method,” The New York Times, October 10, 2013, http://www.nytimes.com/2013/10/10/business/energy- environment/european-lawmakers-tighten-rules-on-fracking.html?ref=europeStanley Reed and Andrew Kramer, "Chevron and Ukraine Set Shale Gas deal," The New York Times, November 1, 2013 Argentina signed an agreement with Chevron to undertake shale oil drilling, likely by fracking, in October 2013 (Simon Romero and Clifford Krauss. "Potential of Oil Field Leads Argentina to Join Forces with Chevron," The New York Times, October 22, 2013).
The U.S. Department of the Interior and the Bureau of Land Management issued new draft rules, May 16, 2013, that would make it more restrictive in drilling on Indian and public lands. Included are that drillers must disclose chemicals used in drilling, verify that ground water is not being contaminated, and have management plans to properly handle liquids that come to the surface (Alysa Landry, "New rules to address fracking on Indian lands," Navajo Times, May 23, 2913). Food & Water Watch, [email protected], reported, November 6, 2013, “In Colorado, three cities successfully stopped fracking and a fourth is too close to call, despite nearly $900,000 being spent by big oil and gas interests supported by Governor Hickenlooper, who has publicly opposed community efforts to halt fracking.” The Governor of Colorado, in Mid-November, proposed new rules on gas and oil drilling to decrease air pollution, particularly from fracking. The rules would require limiting methane emissions from valves, pipes, well heads and storage tanks, and high efficiency burners to burn off waste gasses. The rule would apply to old and new wells and facilities (Michael Wines, "Governor of Colorado Proposes strict Limits on Greenhouse Gas Leaks from Drilling," The New York Times, November 19, 2013).
Jim Malewitz, "Wastewater Case Raises the Concept of Underground Trespassing," The New York Times, December 5, 2013, http://www.nytimes.com/2013/12/06/us/wastewater-case-raises-the-concept-of-underground- trespassing.html?ref=todayspaper, reported, "A case involving the disposal of industrial wastewater pits two interests that are dear to many Texans against each other: oil and gas resources versus private property rights. A decision by the state’s highest civil court could have major implications for both. The Texas
49 Supreme Court is scheduled to hear arguments on Jan. 7 in a dispute between a company that operates injection wells in Liberty County and a nearby rice farm that says wastewater from those wells has migrated into a saltwater aquifer below its land. It calls the migration trespassing, for which it should be compensated. Among several smaller questions, the court will weigh a broad one: Just how far below the earth’s surface do property lines extend?" Years of drilling into a huge salt dome underground in Louisiana has led to a collapse of the dome, creation of a huge and expanding sink hole threatening to swallow houses, and the leaking of highly global warming methane into the atmosphere from underground. Local residents are engaged in a law suit against the drilling company, Texas Brine Co., over the damage and continuing threat to their properety andlives (Michael Wines, “Ground Gives Way, and a Louisiana Town Struggles to Find Its Footing,” The New York Times, September 25, 2013, http://www.nytimes.com/2013/09/26/us/ground-gives-way-and-a-louisiana-town-struggles- to-find-its-footing.html?ref=todayspaper&_r=0).
British Petroleum (BP) was being sued, September 11, 2013, on claims that its former PLC oil refinery in Texas City, TX exposed neighboring residents to toxic gasses creating potential health dangers (Ben Lefebvre, “BP Faces Claims Over Air Pollutants,” Wall Street Journal, September 11, 2013).
TransCanada announced, August 1, 2013, that it plans to build an oil tar sands pipeline to the East Cost, in light of the uncertainty over pipeline proposals to the West Cost, and to the U.S. Gulf Coast vi the Keystone Pipeline (Ian Austen, “TransCanada Plans Pipeline in East Coast,” The New York Times, August 2, 2013) In England, following much protest, and an early experiment elsewhere in England in drilling that caused minor earth quakes, Quadrilla Resources announced that it would stop its drilling operation at Balcombe, South of London (Stanley Reed, “Shale Gas Company Halts Drilling at British Site,” The New York Times, August 13, 3013). NRDC, September 23, 2013, http://www.savebiogems.org/newsletter/, reported that in a surprise decision, British mining giant Anglo American, the lead company behind the Pebble Mine being planned at Alaska's Bristol Bay, announced that it is abandoning the project. The announcement dealt a heavy blow to the proposed gold and copper operation, which would produce some 10 billion tons of contaminated waste and threaten the largest wild salmon runs on the planet, as well as threatening other serious environmental and human harm. NRDC Members helped make this victory possible by deluging Anglo American with nearly one million messages of protest. NRDC says, “The fight is not over yet -- we'll need new funding to ratchet up the pressure on the remaining companies behind the mine and win EPA action to protect Bristol Bay from large-scale mining.”
“Campaign Update–Canada: Fish Lake Will Be Dead In Ten Years If Mine Proceeds,” Cultural survival, August 23, 2013, http://www.culturalsurvival.org/news/campaign-update-canada-fish-lake-will-be-dead-ten-years- if-mine-proceeds#sthash.Zp6HkoYW.dpuf, reports, “The evidence from independent and government experts against the proposed New Prosperity Mine proves the Tsilhqot'in Nation is fully justified in its total opposition to the proposed Teztan Biny (Fish Lake) proposal. Dr. John Stockner from the UBC Fisheries Centre, a senior lake research scientist and past associate editor of Canada's most prestigious aquatic journal, the Canadian Journal of Fisheries and Aquatic Science, told the federal panel hearing on the proposed New Prosperity mine that the project would render the lake dead to fish within a decade. Stockner testified the lake would effectively become an aquarium, and nutrient loading and algae blooms would create oxygen deficiencies in the water, resulting in a massive die-off of rainbow trout.” “Federal and provincial government experts raised serious concerns about the proposal that add to Stockner's and Brandt's findings during the technical phase of the Canadian Environmental Assessment Agency's review panel hearings. This evidence has reinforced the Tsilhqot'in Nation's total opposition to the project during the past two weeks of community hearings and will continue to do so as the hearings move this week to the Secwepemc Nation and final arguments on Friday August 23rd.” Cultural Survival’s campaign to Save Fish Lake at www.cs.org/take-action/fishlake.
50 While domestic demand for coal has been falling, rising demand in Asia has been leading to increases of exports of U.S. coal to Asia from west coast ports, leading to significant increase in the amount of coal shipped in open rail cars across the west, bringing extensive pollution from coal pieces and dust from the large number of coal rail cars, with some of the coal going directly into waterways. Environmental and other groups are opposing the expanded coal transport (Kirk Johnson, “With Proposed Rail Expansion, Northwest Confronts Its Clean Image,” The New York Times, August 19, 2013, http://www.nytimes.com/2013/08/20/us/with- proposed-rail-expansion-northwest-confronts-its-clean-image.html?ref=todayspaper).
Terri Hansen, “Wisconsin Ignored Findings of Scientists to Rewrite Mining Laws For GTAC,” ICTMN, August 6, 2013, http://indiancountrytodaymedianetwork.com/2013/08/06/wisconsin-disregarded-science-rewriting- mining-laws-scientists-say-150757, reported, “Wisconsin legislators didn’t heed the scientific data when they passed AB1/SB1 last spring, say scientists who testified before lawmakers. The bill removed environmental hurdles for Gogebic Taconite’s (GTAC) proposed 4.5 mile long, 1.5 mile wide, 1,000-foot deep open pit iron ore mine in northern Wisconsin’s Gogebic Iron Range. It created a separate set of regulations for ‘ferrous metallic mining’ of iron ore as opposed to mining for sulfide minerals, which require higher environmental standards because of the potential for acid mine drainage. However, scientific analysis contained in a July 2012 report, ‘Geochemical, mineralogical and structural characterization of the Tyler Formation and Ironwood Iron Formation, Gogebic Range, Wisconsin,’ shows that sulfide minerals such as pyrite are present both in one layer of the iron formation and throughout the overburden rock that would need removal to mine the iron deposit.” New developments are making turning urban trash into gas more practical. Previously, relatively high amounts of energy were needed to produce a small amount of useable gas through a polluting incineration of trash process. Sierra Energy of California has developed the FastOx Pathfinder, a shower stall size, highly efficient blast furnace, with an output includes hydrogen and synthetic natural gas that can be burned to generate electricity or made into ethanol or diesel fuel. The U.S. Army has contracted to buy some, and if successful, the FastOx Pathfinder may begin producing significant amounts of fuel without extracting or using crops (or their agricultural alternatives) that otherwise could be used for food. Other firms are also making progress with new trash to fuel equipment. For example, Ineos Bio of Florida announced in July that it had produced ethanol from gasified wood waste, using a method that it expects to be commercially viable, and KiOR Inc. will make one million to two million gallons of diesel and gasoline this year from wood waste at its plant in Columbus, MS (Paul Tullis, “Trash Into Gas, Efficiently? An Army Test May Tell,” The New York Times, August 17, 2013, http://www.nytimes.com/2013/08/18/business/trash-into-gas-efficiently-an-army-test- may-tell.html?ref=business). The spreading problems of monoculture – growing the exact same crop over large areas, uninterrupted by other crops or varieties of the same basic crop, that sets them up for pests and disease to cause major rapid destruction, that have been hitting grain, oranges and other agriculture around the world, in 2013 have been devastating to oranges in Florida. As of July 2013, attempts were being made to modify the orange trees genetically to save them world wide from disease that has been destroying them (Amy Harmon, “A Race to Save the Orange by Altering Its DNA,” The New York Times, July 27, 2013, http://www.nytimes.com/2013/07/28/science/a-race-to-save-the-orange-by-altering-its-dna.html?ref=us).
After a long legal battle, in which the State of Vermont’s attempt to have the plants shut was recently defeated in court, the owners of the aging Vermont Yankee nuclear power plant in southern Vermont decided, in late August 2013, to close the plant for good in 2014, as electricity production costs generally have dropped so much that the generating station was losing money (Matthew Wald, “Vermont Yankee Plant to Close Next Year as the Nuclear Industry Retrenches,” The New York Times, August 27, 2013, http://www.nytimes.com/2013/08/28/science/entergy-announces-closing-of-vermont-nuclear- plant.html?ref=todayspaper). Coral Davenport, "Eastern States Press Midwest to Improve Air," December 9, 2013, 51 http://www.nytimes.com/2013/12/09/us/politics/eastern-states-press-midwest-to-improve- air.html?ref=todayspaper, reported, "In a battle that pits the East Coast against the Midwest over the winds that carry dirty air from coal plants, the governors of eight Northeastern states plan to petition the Environmental Protection Agency on Monday to force tighter air pollution regulations on nine Rust Belt and Appalachian states. The East Coast states, including New York and Connecticut, have for more than 15 years been subject to stricter air pollution requirements than many other parts of the country. Their governors have long criticized the Appalachian and Rust Belt states, including Ohio, Kentucky and Michigan, for their more lenient rules on pollution from coal-fired power plants, factories and tailpipes — allowing those economies to profit from cheap energy while their belched soot and smog are carried on the prevailing winds that blow across the United States." Hiroko Tabuci, “Tank Has Leaked Tons of Contaminated Water at Japan Nuclear Site,” The New York Times, August 20, 2013, http://www.nytimes.com/2013/08/21/world/asia/300-tons-of-contaminated-water-leak- from-japanese-nuclear-plant.html?ref=todayspaper, reported, “Three hundred tons of highly contaminated water has leaked from a storage tank at the ravaged Fukushima Daiichi Nuclear Power Plant on Japan’s Pacific coast, its operator said Tuesday, prompting regulators to declare a ‘radiological release incident’ for the first time since disaster struck there in 2011 and adding new fears of environmental calamity.” Workers were attempting to contain the leak with sandbags. Much of the radioactive water has been absorbed by the soil, which must be removed, but radio active water could again flow into the Pacific. On September 3, the New York Times reported that the attempted cleanup of the Fukushima site has been badly flawed, often attempting short term fixes for ongoing long term problems, casting in doubt whether adequate containment and cleanup can be attained (Martin Fackler “Errors Cast Doubt on Japan’s Cleanup of Nuclear Accident Site,” The New York Times, September 3, 2013, http://www.nytimes.com/2013/09/04/world/asia/errors-cast-doubt-on-japans-cleanup-of-nuclear-accident- site.html?ref=todayspaper&_r=0). Yet another problem occurred at the Fukushima atomic plant, in early October, 2013, when a cooling water pump briefly shut down (Martin Fackler, “Pump for Reactor Stops in Japan, The New York Times, October 7, 2013, http://www.nytimes.com/2013/10/08/world/asia/fukushima-reactors- cooling-system-briefly-stalls.html?ref=world). As of December 22, 2013, Since Japan passed new vague national security secrecy legislation in December, we have seen no reports on the dangerous operation of removing fuel rods from the Fukushima nuclear plant. Cloe Sang-Hun, “Scandal in South Korea Over Nuclear Revelations, The New York Times, August 3, 2013, http://www.nytimes.com/2013/08/04/world/asia/scandal-in-south-korea-over-nuclear- revelations.html?ref=todayspaper&_r=0, reported, “Like Japan, resource-poor South Korea has long relied on nuclear power to provide the cheap electricity that helped build its miracle economy. For years, it met one- third of its electricity needs with nuclear power, similar to Japan’s level of dependence before the 2011 disaster at its Fukushima plant. Now, a snowballing scandal in South Korea about bribery and faked safety tests for critical plant equipment has highlighted yet another similarity: experts say both countries’ nuclear programs suffer from a culture of collusion that has undermined their safety." “China: Foreign Tourism Falls, and Smog May Be One Reason,” The New York Times, August 13, 2013, http://www.nytimes.com/2013/08/14/world/asia/china-foreign-tourism-falls-and-smog-may-be-one- reason.html?ref=todayspaper, reported, “China, one of the world’s most popular destinations for international travelers, has experienced a significant decline in the number of tourists this year. Among the factors cited by the China National Tourism Administration were worsening smog, the sluggish global economy, a stronger Chinese currency and bird flu.” Singapore suffered record levels of air pollution, in June, heavily contributed to by illegal burning of agricultural waste in Indonesia. The Prime Minister of Indonesia apologized to Singapore and Malaysia, saying that the government of Indonesia would work harder to end this old agricultural practice (“Singapore: Record Levels of Pollution,” The New York Times, June 21, 2013; and “Indonesia: Leader Apologizes for Haze,” The New York Times, June 25, 2013).
52 Cornelia Dean, “Plenty of Water, but Little to Drink: Four Books Explore Humans’ Relationship With Water,” The New York Times, October 7, 2013, http://www.nytimes.com/2013/10/08/science/earth/four-books- explore-humans-relationship-with-water.html?ref=science, reported, “Earth, ‘the blue planet,’ has a lot of water. Most of the planet’s surface is covered with it. But less than 5 percent of that water is fresh, and much of that is locked up in ice sheets or inconveniently far underground. And it is not always most abundant where it is most needed. As a result, we are drawing on underground aquifers faster than they can recharge. And the water we have is often polluted by sewage, industrial waste, parasites and other contaminants that can make ‘natural’ water unsafe to drink.” This situation is worsening, making water the world’s most valuable resource, and increasingly making wars over water a likelihood. “Parasite Susceptibility, Apis-USA: Fungicides,” A ProMED-mail post of the International Society for Infectious Diseases, July 25, 2013, http://www.promedmail.org, Source: Wildlife News [edited], http://wildlifenews.co.uk/2013/fungicides-implicated-in-honey-bee-parasite- susceptibility, reported, “A study just published seems to show that honey bees [_Apis_spp] can be exposed to sub-lethal levels of widely used fungicides which will make them more at risk of gut parasite_Nosema ceranae_. The researchers examined pollen across beehives across a wide range of crops in the United States of America and identified 35 different pesticides. Of particular interest were high levels of fungicides. While fungicides are typically considered as fairly safe for honey bees, the researchers found an increased probability of nosema infection in bees that consumed pollen with a higher fungicide load.” This parasite has been found to be extremely damging to bee colonies, and related to the collapse of entire hives. Neil Gough, “Pollutants From Plant Killed Fish in China,” The New York Times, September 4, 2013, http://www.nytimes.com/2013/09/05/world/asia/thousands-of-fish-killed-by-waste-from-chinese- plant.html?ref=todayspaper&_r=0, reported, “Thousands of dead fish floating along a 19-mile stretch of a river in Hubei Province in central China were killed by pollutants emitted by a local chemical plant, provincial environmental officials said Wednesday. Environmental protection officials said tests on water taken from the Fu River upstream from the metropolis of Wuhan revealed that extremely high levels of ammonia in the water were caused by pollution from a plant owned by the Hubei Shuanghuan Science and Technology Company.” The decline in shrimp to histoiric lows in the Gulf of Maine from over fishing and warming waters that had already a drop in caught shrimp valuation from $10 million in the 2011 season to $1.2 million in the in the limited 2013 season, caused the Atlantic Marine Fisheries Commission Northern Shrimp Section to cancel the 2014 shrimp fishing season, the first shutdown ordered since 1978 ("Maine: Shrimp Season Is Called Off," The New York Times, December 4, 2013). Care2, “US, Join India in Banning All Dolphinariums,” July, 2013, http://www.thepetitionsite.com/685/151/439/us-join-india-in-banning-all-dolphinariums/?z00m=20595374, commented, “In banning the capture of dolphins for public entertainment, India has set a standard the rest of the world should follow. So why is the U.S. still lagging behind? The ministry last month advised all state governments to reject any plans to establish a dophinarium by anyone - whether private or public, commercial enterprise or government agency. Along with taking this action, India’s Central Zoo Authority recognizes that dolphins possess unusually high intelligence and sensitivity that should classify them as “nonhuman persons.” It further notes that dolphins do not thrive in captivity and are among the endangered cetacean species that deserves special protection. A former trainer who now works to protect dolphins, Ric O’Barry applauds the Indian government not only for speaking out against cruelty but for helping to change the way we think about dolphins - as “thinking, feeling beings,” rather than property to exploit for financial gain.” The moose population in Minnesota has declined so precipitously that the state is on the verge of declaring them endangered, as the Bois Forte, Fond du Lac and Grand Portage Band of Lake Superior Chippewa have cancelled their annual moose hunting seasons (“Minnesota Tribes Cancel Moose Hunt as Animals' Population Plummets,” ICTMN, September 13, 2013, http://indiancountrytodaymedianetwork.com/2013/09/13/minnesota-tribes-cancel-moose-hunt-animals-population- plummets-151276).
53 As farming has spread to larger areas in key parts of the U.S. west and mid-west, and as native vegetation has been reduced from other causes, while bioengineered crops containing nicotine as a pesticide have been taking a huge toll on insects, including needed ones such as bees, many insect population have been declining over the past years, most visibly the migratory monarch butterflies whose sole food source of milkweed has been largely wiped out. Annually the Monarchs have arrived in Mexico by the hundreds of millions around the time of the Day of the Dead in November. But that number has been in serious decline, down to 60 million in November 2012, and in November 2013 only a few Monarchs came a week later than normal, indicating a possible collapse of the population (Jim Robbins, "The Year the Monarch Didn't Appear," The New York Times, November 24, 2013). In western North America global warming and drought have brought an increase in the bark beetle killing millions of trees. In late October, it was noted that the spreading north accompanying climate change of the related southern pine beetle had reached New Jersey and was spreading among the Pinelands (Justin Gillis, In New Jersey Pines, Trouble Arrives on Six Legs," The New York Times. November 2, 2013).
Sabrina Tavrnise, "F.D.A. Restricts Antibiotics Use for Livestock," The New York Times, December 11, 2013, http://www.nytimes.com/2013/12/12/health/fda-to-phase-out-use-of-some-antibiotics-in-animals-raised-for- meat.html?ref=todayspaper, reported, "The Food and Drug Administration on Wednesday put in place a major new policy to phase out the indiscriminate use of antibiotics in cows, pigs and chickens raised for meat, a practice that experts say has endangered human health by fueling the growing epidemic of antibiotic resistance." There is concern among critics that the ban may not be very effective in practice." U.S. Developments
Many of the reports in this issue of U.S. government legislation, agency action, and court decisions are informed by electronic flyers from Hobbs, Straus, Dean and Walker, LLP, 2120 L Street NW, Suite 700, Washington, DC 20037, http://www.hobbsstraus.com. Reports from Indian Country Today Media Network, from the web, are listed as from ICTMN.
U.S. Government Developments
Presidential Actions
President Obama signed the Executive Order 13647, June 26, 2013, establishing a White House Council on Native American Affairs (Council) (Complete text of the order is below). Executive Orders are a key tool used by presidents in guiding federal agencies and they apply only to federal agencies. Establishment of a cross-federal agency entity focusing on Indian policy and coordination has been advocated for by the National Congress of American Indians and other Indian organizations. The President states in the Executive Order: “This order establishes a national policy to ensure that the Federal Government engages in a true and lasting government-to-government relationship with federally recognized tribes in a more coordinated and effective manner, including by better carrying out its trust responsibilities. This policy is established as a means of promoting and sustaining prosperous and resilient tribal communities. Greater engagement and meaningful consultation with tribes is of paramount importance in developing any policies affecting tribal nations. ”The membership of the Council consists of the heads of 30 executive agencies, departments, and offices and allows the Secretary of Interior, who is the Chair of the Council, to designate additional executive agency members. The Council is to "coordinate development of policy recommendation to support tribal self- governance and improve the quality of life for Native Americans, and shall coordinate the United States Government's engagement with tribal governments and their communities." The Council recommendations to the President on policy priorities will be coordinated with the White House Domestic Policy Council, while engagement with tribal governments and Native American "stakeholders" (i.e., tribal consortia, tribal colleges, health care providers) will be coordinated with the White House Office of Public Engagement and
54 Intergovernmental Affairs. The Council is charged with coordinating a "more effective and efficient" process for tribal consultation and assisting the Office of Public Engagement and Intergovernmental Affairs in organizing the annual White House Tribal Nations Conference. Executive Orders remain in effect after the President who signed the Order is out of office until revoked or amended by a subsequent Administration. President Obama, like other presidents, has revoked a number of his predecessors' Executive Orders. Among the Executive Orders President Obama rescinded from the George W. Bush era were ones concerning regulatory planning and review, detention/interrogation guidance, restrictions on public access to presidential records and stem cell research. The complete text of the order is below (“White House Council on Native American Affairs Established by Executive Order,” General Memorandum 13-062, July 17, 2013, http://www.hobbsstraus.com/general-memorandum-13-062). Some critique of the Council is in Dialoguing, below. An additional critique is that placing the council on the level of the Domestic Council is an improvement over the original arrangement of the similar Working Group as it was first established in the Clinton administration at the cabinet level, headed by the Secretary of the Interior, so that it is now at the White House level, above that of the often competing departments. However, as the Secretary of the Interior is still head of the council, he remains subject to the conflicts of interest within his department (and between interests of Native Americans and other interests within Interior) that seriously limited the previous working group, despite its many achievements [See LaDonna Harris, Stephen M. Sachs, and Barbara Morris, et al, Recreating The Circle: The Renewal of American Indian Self Determination (Albuquerque: University of New Mexico Press, 2011), Ch 3].
Presidential Documents 39539 Federal Register / Vol. 78, No. 126/Monday, July 1, 2013/Presidential Documents Executive Order 13647 of June 26, 2013 Establishing the White House Council on Native American Affairs By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote and sustain prosperous and resilient Native American tribal governments, it is hereby ordered as follows: Section 1. Policy. The United States recognizes a government-to-government relationship, as well as a unique legal and political relationship, with federally recognized tribes. This relationship is set forth in the Constitution of the United States, treaties, statutes, Executive Orders, administrative rules and regulations, and judicial decisions. Honoring these relationships and respecting the sovereignty of tribal nations is critical to advancing tribal self-determination and prosperity. As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and to strengthen its partnership with tribal governments, for our more recent history demonstrates that tribal self-determination—the ability of tribal governments to determine how to build and sustain their own communities—is necessary for successful and prospering communities. We further recognize that restoring tribal lands through appropriate means helps foster tribal self-determination. This order establishes a national policy to ensure that the Federal Government engages in a true and lasting government-to-government relationship with federally recognized tribes in a more coordinated and effective manner, including by better carrying out its trust responsibilities. This policy is established as a means of promoting and sustaining prosperous and resilient tribal communities. Greater engagement and meaningful consultation with tribes is of paramount importance in developing any policies affecting tribal nations. To honor treaties and recognize tribes’ inherent sovereignty and right to self-government under U.S. law, it is the policy of the United States to promote the development of prosperous and resilient tribal communities, including by: (a) promoting sustainable economic development, particularly energy, transportation, housing, other infrastructure, entrepreneurial, and workforce development to drive future economic growth and security; (b) supporting greater access to, and control over, nutrition and healthcare, including special efforts to confront historic health disparities and chronic diseases; (c) supporting efforts to improve the effectiveness and efficiency of tribal justice systems and protect tribal communities; (d) expanding and improving lifelong educational opportunities for American Indians and Alaska Natives, while respecting demands for greater tribal control over tribal education, consistent with Executive Order 13592 of December 2, 2011 (Improving American Indian and Alaska Native Educational Opportunities and Strengthening Tribal Colleges and Universities); and (e) protecting tribal lands, environments, and natural resources, and promoting respect for tribal cultures.
55 Sec. 2. Establishment. There is established the White House Council on Native American Affairs (Council). The Council shall improve coordination of Federal programs and the use of resources available to tribal communities. Sec. 3. Membership. (a) The Secretary of the Interior shall serve as the Chair of the Council, which shall also include the heads of the following executive departments, agencies, and offices: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice; (v) the Department of Agriculture; (vi) the Department of Commerce; (vii) the Department of Labor; (viii) the Department of Health and Human Services; (ix) the Department of Housing and Urban Development; (x) the Department of Transportation; (xi) the Department of Energy; (xii) the Department of Education; (xiii) the Department of Veterans Affairs; (xiv) the Department of Homeland Security; (xv) the Social Security Administration; (xvi) the Office of Personnel Management; (xvii) the Office of the United States Trade Representative; (xviii) the Office of Management and Budget; (xix) the Environmental Protection Agency; (xx) the Small Business Administration; (xxi) the Council of Economic Advisers; (xxii) the Office of National Drug Control Policy; (xxiii) the Domestic Policy Council; (xxiv) the National Economic Council; (xxv) the Office of Science and Technology Policy; (xxvi) the Council on Environmental Quality; (xxvii) the White House Office of Public Engagement and Intergovernmental Affairs; (xxviii) the Advisory Council on Historic Preservation; (xxix) the Denali Commission; (xxx) the White House Office of Cabinet Affairs; and (xxxi) such other executive departments, agencies, and offices as the Chair may, from time to time, designate. (b) A member of the Council may designate a senior-level official, who is a full-time officer or employee of the Federal Government, to perform his or her functions. (c) The Department of the Interior shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations. (d) The Council shall coordinate its policy development through the Do- mestic Policy Council. (e) The Council shall coordinate its outreach to federally recognized tribes through the White House Office of Public Engagement and Intergovernmental Affairs. (f) The Council shall meet three times a year, with any additional meetings convened as deemed necessary by the Chair. The Chair may invite other interested agencies and offices to attend meetings as appropriate. Sec. 4. Mission and Function of the Council. The Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations to support tribal self-governance and improve the quality of life for Native Americans, and shall coordinate the United States Government’s engagement with tribal governments and their communities. The Council shall: (a) make recommendations to the President, through the Director of the Domestic Policy Council, concerning policy priorities, including improving the effectiveness of Federal investments in Native American communities, where appropriate, to increase the impact of Federal resources and create greater opportunities to help improve the quality of life for Native Americans; (b) coordinate, through the Director of the Office of Public Engagement and Intergovernmental Affairs, Federal engagement with tribal governments and Native American stakeholders regarding issues important to Native Amer-icans, including with tribal consortia, small businesses, education and train-ing institutions including tribal colleges and universities, health-care pro-viders, trade associations, research and grant institutions, law enforcement, State and local governments, and community and non-profit organizations; (c) coordinate a more effective and efficient process for executive depart-ments, agencies, and offices to honor the United States commitment to tribal consultation as set forth in Executive Order 13175 of November 6, 2000 (Consultation and Coordination With Indian Tribal Governments), and my memorandum of November 5, 2009 (Tribal Consultation); and (d) assist the White House Office of Public Engagement and Intergovern-mental Affairs in organizing the White House Tribal Nations Conference each year by bringing together leaders invited from all federally recognized Indian tribes and senior officials from the Federal Government to provide for direct government-to- government discussion of the Federal Government’s Indian country policy priorities. Sec. 5. General Provisions. (a) The heads of executive departments, agencies, and offices shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) For purposes of this order, ‘‘federally recognized tribe’’ means an Indian or Alaska Native tribe, band, nation, pueblo, village, or
56 community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a. (e) For purposes of this order, ‘‘American Indian and Alaska Native’’ means a member of an Indian tribe, as membership is defined by the tribe. (f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, June 26, 2013.
President Obama, in a speech at Georgetown University, June 25, 2013, unveiled his plan for dealing with climate change. The President's Climate Action Plan (Plan) is available on the White House website, along with graphics to illustrate key points. www.whitehouse.gov/share/climate-action-plan. A video of the speech is also posted on the website. In the speech, the President recalled that he has urged Congress to forge a "bipartisan, market-based solution to climate change," and he expressed willingness to work with members of Congress. "But," he said, "this is a challenge that does not pause for partisan gridlock. It demands our attention now." As such, the Plan emphasizes actions that can be taken by the Executive Branch without need for additional legislation. The Plan includes a variety of executive actions, presented in three broad categories or "pillars": (1) Cut Carbon Pollution in America; (2) Prepare the United States for the Impacts of Climate Change; and (3) Lead International Efforts to Combat Climate Change and Prepare for its Impacts. Cut Carbon Pollution in America. In 2009, the President made a commitment to reduce greenhouse gas emissions in the United States, setting a goal that, by 2020, emissions will be reduced by 17 percent below 2005 levels. The Plan notes progress that has been made toward this goal by doubling electric power generation from renewable resources and by adopting new fuel economy standards for motor vehicles. The Administration says it will take the steps outlined in this part of the Plan "in partnership with states, local communities, and the private sector." Tribes are not expressly mentioned in this "partnership," although tribes are mentioned at a few points (notably in the section on preparing for climate change) and there are several other points that could be read to implicitly include tribes. Tribes may need to proactively seek inclusion in particular parts of the Plan. This pillar of the Plan includes five main headings: (1) Deploying Clean Energy; (2) Building a 21st Century Transportation Sector; (3) Cutting Energy Waste in Homes, Businesses, and Factories; (4) Reducing Other Greenhouse Gas Emissions; and (5) Leading at the Federal Level. Under the heading "Deploying Clean Energy," the key action is for the Environmental Protection Agency to develop regulations to limit carbon pollution from both new and existing power plants. This heading also includes steps to accelerate permitting of renewable energy projects on federal lands and to upgrade the electric power grid and streamline the review process for transmission projects. Under the heading "Building a 21st Century Transportation Sector," the Administration will support research and development of next-generation biofuels and will leverage public-private partnership to deploy new transportation technologies. The Plan also says the Administration will work with "states, cities and towns … to improve transportation options, and lower transportation costs while protecting the environment." Under the heading "Cutting Energy Waste in Homes, Businesses, and Factories," the Plan says that the Rural Utilities Service in the Department of Agriculture will update its Energy Efficiency and Conservation Loan Program for rural utilities to finance investments by businesses and homeowners. The Federal Housing Administration will hold a mortgage roundtable to identify options for incorporating energy efficiency into mortgages for both new and existing homes. The Administration is also launching an initiative called "Better Buildings Accelerators" to support "State and local policies to cut energy waste." Under the heading "Leading at the Federal Level," the Plan says that federal agencies will work together to "synchronize building codes … to improve the efficiency of federally owned and supported building stock." Prepare the United States for the Impacts of Climate Change. This pillar includes three main headings: (1) Building Stronger and Safer Communities and Infrastructure; (2) Protecting our Economy and Natural Resources; and (3) Using Sound Science to Manage Climate Impacts. Under the heading "Building Stronger and Safer Communities and Infrastructure," the Plan says that the President will establish a task force of 'state, local, and tribal officials to advise on key actions the federal government can take to better support local preparedness and resilience-building efforts." In addition, the Administration commits to "continue to assist tribal communities on preparedness through the Bureau of Indian Affairs,
57 including through pilot projects and by supporting participation in federal initiatives that assess climate change vulnerabilities and develop regional solutions." Under the heading "Protecting our Economy and Natural Resources," the Plan notes ongoing efforts, with "tribes, states, and local governments as partners, "to make landscapes more resistant to wildfires." Lead International Efforts to Combat Climate Change and Prepare for its Impacts. This pillar of the Plan includes two main headings: (1) Working with Other Countries to Take Action to Address Climate Change; and (2) Leading Efforts to Address Climate Change through International Negotiations. This part of the plan lists a number of actions which the Administration is taking in the international arena to help reduce greenhouse gas emissions and develop resilience to climate change impacts. Tucked away in this part is the President's call to eliminate tax subsidies for fossil fuels (“President Obama Releases Climate Action Plan,” Hobbs-Straus General Memorandum 13-064, July 7, 2013, http://www.hobbsstraus.com/general-memorandum-13-064).
“Obama Taps Tribes to Assist in Adapting to Climate Change,” ICTMN, November 1, 2013, http://indiancountrytodaymedianetwork.com/2013/11/01/tribes-named-participants-obamas-climate-change-plan- 152037, reported that President Barack Obama issued an executive order on November 1, 2013 establishing a blueprint for the “deliberate preparation, close cooperation, and coordinated planning by the Federal Government, as well as by stakeholders,” that is required in order “to facilitate Federal, State, local, tribal, private-sector, and nonprofit-sector efforts to improve climate preparedness and resilience; help safeguard our economy, infrastructure, environment, and natural resources; and provide for the continuity of executive department and agency (agency) operations, services, and programs. The seven point plan requires that federal programs be modernized to support investment that is “climate resilient” and to “identify and seek to remove or reform barriers that discourage investments or other actions to increase the Nation's resilience to climate change while ensuring continued protection of public health and the environment.” The order establishes the State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience, including tribal leaders Karen Diver, Chairwoman of the Fond du Lac Band of Lake Superior Chippewa in Minnesota, and Reggie Joule, Mayor of the Northwest Arctic Borough in Alaska. Unlike many earlier executive orders that refer directly only to state and local entities, the order makes many references to tribes. The order calls for relevant information and data sharing, largely through a new web portal, Data.gov, to be accessible to the public. The executive order also establishes a Council on Climate Preparedness and Resilience, comprised of representatives from some two dozen federal agencies, from the State Department, to Homeland Security, to Veterans Affairs and the Millennium Development Corp., to “work across agencies and offices, and in partnership with State, local, and tribal governments.” The council replaces the Interagency Climate Change Adaptation Task Force, created in 2009. The council has nine months to compile an “inventory and assessment of proposed and completed changes to their land- and water-related policies, programs, and regulations necessary to make the Nation's watersheds, natural resources, and ecosystems, and the communities and economies that depend on them, more resilient in the face of a changing climate.” The State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience will “inform Federal efforts to support climate preparedness and resilience,” and has one year to “remove barriers, create incentives, and otherwise modernize Federal programs to encourage investments, practices, and partnerships that facilitate increased resilience to climate impacts, including those associated with extreme weather.” In addition the body is to “provide useful climate preparedness tools and actionable information for States, local communities, and tribes, including through interagency collaboration,” and otherwise support climate-change preparedness efforts at the state, local and tribal level. Six months after providing these recommendations, the task force will disband. Hobbs-Straus further detail the climate change order: "Executive Order on Preparing for Climate Change; Appointment of State, Local and Tribal Leaders Task Force of Climate Preparedness," Hobbs-Straus General Memorandum 13-103, November 8, 2013, http://hobbsstraus.com/general-memorandum-13-103, reported The President issued the attached Executive Order 13653, Preparing the United States for the Impacts of Climate Change, 76 Fed. Reg. 66819 (Nov. 6, 2013). Executive Order on Preparing for Climate Change; Appointment of State, Local and Tribal Leaders Task Force of Climate Preparedness On the same date, the White House issued a Fact Sheet on this Executive Order, which includes the names of officials whom the President has appointed to the State, Local and Tribal Leaders Task Force on Climate Preparedness and Resilience. The establishment of the State, Local and Tribal Leaders Task Force was announced in June in the President's Climate
58 Action Plan. Hobbs-Straus also notes that the Bureau of Indian Affairs recently announced in a notice a competitive grant program for climate change adaptation planning, which is open to tribes and to inter- tribal organizations, tribal colleges, and non-governmental organizations with documented tribal support. The total amount of funding available is $600,000, which the BIA acknowledges is insufficient. The deadline for applications is November 29, 2013. The Executive Order establishes an interagency Council on Climate Change Preparedness and Resilience (Council) comprised of senior officials of 15 departments of the federal government and fifteen other federal agencies. This Council will be co-chaired by the Chair of the Council on Environmental Quality, the Director of the Office of Science and Technology Policy, and the Assistant to the President for Homeland Security and Counterterrorism. The Interagency Climate Change Adaptation Task Force, which had been established in 2009, will terminate after the new Council has its first meeting, although working groups that had been created in conjunction with that Task Force may be given new charters to continue their work. The mandate of the Council, as provided in section 2 of the Executive Order, is to "modernize" federal programs so that they support efforts by states, local communities, and tribes to make investments in resilience to climate change. In carrying out this mandate, the Council is directed to consider the recommendations of the State, Local and Tribal Leaders Task Force. The Council is also directed to consider recommendations of the National Infrastructure Advisory Council established pursuant to Executive Order 13231 (Oct. 16, 2001). Section 3 of the Executive Order directs seven named federal agencies to complete an "inventory and assessment of proposed and completed changes to their land- and water-related policies, programs, and regulations necessary to make the Nation's watersheds, natural resources, and ecosystems, and the communities and economies that depend on them, more resilient in the face of a changing climate." The agencies are directed to include in this assessment a timeline and plan for making changes in policies, programs, and regulations. The Executive Order calls for building on efforts already underway, citing three published interagency climate adaptation strategies. Section 4 of the Executive Order directs federal agencies to work together to provide information and "decision-support tools" on climate preparedness and resilience to support efforts by federal agencies, states, local governments, tribes, the private sector and the non-profit sector. Section 5 of the Executive Order directs federal agencies to evaluate risks to their agency operations and missions posed by climate change. Each agency is directed to develop, implement, and update a comprehensive climate change adaptation plan, with the first update due in 120 days. The State, Local and Tribal Leaders Task Force, as established by section 7 of the Executive Order, is comprised of the governors of eight states, fourteen mayors, two county officials, and two tribal officials. The tribal officials are the Chairwoman of the Fond du Lac Band of Lake Superior Chippewa (Minnesota) and the Mayor of the Northwest Arctic Borough (Alaska). The mission of this Task Force is to provide recommendations for how the federal government can: (i) remove barriers, create incentives, and otherwise modernize Federal programs to encourage investments, practices, and partnerships that facilitate increased resilience to climate impacts, including those associated with extreme weather; (ii) provide useful climate preparedness tools and actionable information for States, local communities, and tribes, including through interagency collaboration as described in section 6 of [Executive Order 13653]; and (iii) otherwise support State, local, and tribal preparedness for and resilience to climate change. The Task Force has one year to develop its recommendations. Tribes that are interested in having their concerns and suggestions considered by Task Force will need to be aware of the short time frame in which it will be operating.
"Tribal Leaders Meet With President Obama And Thirteen Cabinet Officials, Emphasize Need For 21st Century Trust Relationship," NCAI, November 14, 2013, http://www.ncai.org/news/articles/2013/11/14/tribal- leaders-meet-with-president-obama-and-thirteen-cabinet-officials-emphasize-need-for-21st-century-trust- relationship, reported, " President Obama and thirteen members of his Cabinet joined over 300 tribal leaders at the fifth annual White House Tribal Nations Conference. Through speeches and listening sessions, the Administration highlighted the improving partnership with tribal nations and declared a commitment to elevating the relationship throughout the next three years. The Conference included a townhall portion during which tribal leaders asked questions of several members of the White House Council on Native American Affairs. In the townhall’s opening statement, National Congress of American Indians (NCAI) President Brian Cladoosby firmly asserted the need to establish a “trust relationship for the 21st century” and urged the Council to regularly convene cabinet officials and tribal leaders at the White House and throughout Indian Country. Other tribal leaders emphasized the importance of addressing the Carcieri
59 Supreme Court decision, fully funding Contract Support Costs, and honoring the trust responsibility in the federal budget. In afternoon remarks to tribal leaders, President Barack Obama committed to visiting Indian Country next year and echoed Cladoosby’s call for close communication between the nations: “The Iroquois called their network of alliances with other tribes and European nations a ‘covenant chain.’ Each link represented a bond of peace and friendship. But that covenant chain didn’t sustain itself. It needed constant care, so that it would stay strong. And that’s what we’re called to do, to keep the covenant between us for this generation and for future generations.” Attorney General Eric Holder also delivered poignant remarks as he recommitted to a close partnership with tribal nations and spoke of the progress made since Robert Kennedy's address to NCAI in 1963. AG Holder acknowledged the "injustice inflicted on Native peoples" in the past and committed to a relationship "not as a patron but a partner." NCAI welcomes AG Holder's proposed "Statement of Principles" that will guide the Department of Justice’s dealings with Indian Country. NCAI looks forward to working with the White House to strengthen the nation-to-nation relationship and continuing the policy conversations begun during the Conference. The full list of Cabinet officials participating in the White House meeting included: Attorney General Eric Holder, Secretary of the Interior Sally Jewell, Agriculture Secretary Tom Vilsack. Health and Human Services Secretary Kathleen Sebelius, Housing Secretary Shaun Donovan, Transportation Secretary Anthony Foxx, Energy Secretary Ernest Moniz, Education Secretary Arne Duncan, Veterans Affairs Secretary Eric Shinseki, EPA Administrator Gina McCarthy, Acting Homeland Security Secretary Rand Beers, Acting Small Business Administrator Jeanne Hulit. Also participating: Council on Environmental Quality Chair Nancy Sutley, Director of the White House Domestic Policy Council Cecilia Muñoz."
President Obama nominated Diane J. Humetewa (Hopi) to the U.S. District Court for Arizona, in September 2013 (Rob Capriccioso, “Obama Nominates Native American Woman to Federal Court,” ICYMN, September 10, 2013, http://indiancountrytodaymedianetwork.com/department/headline-news?page=5).
Congressional Developments
President Obama signed into law, July 30, 2012, the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act amendments to the Indian Long-Term Leasing Act, 25 U.S.C. § 415. The HEARTH Act provides authority for Indian tribes to lease tribal trust lands directly pursuant to tribal law, without further Secretarial approval, if the requirements of the Act are met. A tribally promulgated leasing ordinance must be "consistent with" the Bureau of Indian Affairs (BIA) leasing regulations and include an environmental review process. Within 120 days the BIA must make an approval determination on submitted tribal leasing regulations. Once the tribal leasing regulation receives BIA approval, the tribe may immediately begin to process and approve leases. The BIA leasing regulations at 25 C.F.R. Part 162 became effective on January 4, 2013. Assistant Secretary-Indian Affairs, Kevin Washburn, announced that these regulations were meant to work "hand-in-glove" with the recently enacted HEARTH Act. On January 16, 2013, the BIA issued a National Policy Memorandum (Interim Guidance) providing guidance to BIA decision makers on the standards and processes to be followed when reviewing and approving leasing regulations submitted by tribes pursuant to HEARTH Act authority. This guidance will expire on January 16, 2014. There are a number of significant reasons why tribes should consider submitting tribal leasing regulations for BIA approval before the Interim Guidance expires. First, the Interim Guidance requires the review and approval of tribal leasing regulations to occur in the office of Deputy Bureau Director, Office of Trust Services – meaning at the BIA's Central Office in Washington, D.C. Currently that office has staff members dedicated to review tribal leasing ordinances. This review and approval occurs in coordination with the Solicitor's office. Whether this review and approval responsibility will remain with Central Office or be delegated to BIA Regional offices once the Interim Guidance expires is yet to be determined. However, not all BIA Regional Offices or Field Solicitor Offices have the same capacity or technical expertise. Some are staffed better than others, and experience teaches us that some have difficulty uniformly implementing what was intended to be a BIA-wide policy. Second, the Interim Guidance contains a very succinct and easy-to- follow checklist of items that must be included in a tribal leasing ordinance submitted under HEARTH Act authority. The checklist covers required (and suggested) leasing regulation provisions for agricultural, residential, 60 business, wind and solar resource leases – as well as leases for educational, recreational, public, and religious uses. Once the Interim Guidance expires the checklist may be revised. The passage of the HEARTH Act was nationally lauded as a tool that would empower tribes to realize their potential for economic growth and job creation on tribal lands, increase community development, streamline business development and housing development, and strengthen tribal self-determination. To date, very few tribes have taken advantage of this opportunity to promulgate tribal leasing ordinances and submit those for BIA approval. Hobbs-Straus recommend that tribes immediately examine current leasing practices and identify how the BIA leasing regulations, together with authority under the HEARTH Act, can be utilized as a powerful tool for economic development and as potential leverage during negotiations with states and local governments. The most important feature of the new regulations is the language concerning taxation. The regulations at 25 C.F.R. § 162.017(a)-(c) state that "subject only to applicable Federal law" permanent improvements, activities, and leasehold or possessory interests on leased Indian land "are not subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State." (Emphasis added). Examples of the types of prohibited taxation, include "severance taxes," "business use, privilege, public utility, excise, [and] gross revenue taxes." Under HEARTH Act authority tribes that desire a greater deal of autonomy may choose to promulgate their own tribal leasing ordinance (codifying the taxation provisions into tribal law) to address leasing of tribal trust and restricted land for a wide variety of purposes. Tribes that choose to adopt their own leasing regulations under HEARTH Act authority will: (1) enjoy a greater measure of self-governance and control over the leasing of tribal lands, (2) create a leasing process tailored specifically to their tribal needs, and (3) implement a leasing process that will move at a tribally determined pace rather than depending on BIA officials to take action in a timely fashion” (“BIA Interim HEARTH Act Guidance Set to Expire January 16, 2014,” Hobbs-Straus General Memorandum 13-089, October 11, 2013, http://www.hobbsstraus.com/general-memorandum-13-089).
Several developments emerged in September 2013 regarding policy efforts to clarify the taxability of tribal government program benefits. • The House Ways and Means Committee Chairman Camp (R-MI) and Ranking Member Levin (D-MI) wrote Treasury Secretary Lew to urge full consideration of tribal comments as Treasury and the Internal Revenue Service (IRS) finalize the rules for applying the general welfare exclusion to tribal programs set forth in Notice 2012-75. • The Joint Committee on Taxation (JCT) concluded that HR 3043, the Tribal General Welfare Exclusion Act, "would have a negligible effect on Federal fiscal revenues." • Senators Moran (R-KS) and Heitkamp (D-ND) introduced a companion general welfare bill in the Senate (S 1507) containing the same terms as HR 3043. Ways and Means Chairman Camp and Ranking Member Levin Weigh in on IRS Notice 2012-75. On December 5, 2012, the IRS and the Treasury Department released a new proposed revenue procedure to govern the application of the General Welfare Exclusion (GWE) to tribal government program benefits as IRS Notice 2012-75. In the time since the Notice was released, Representative Nunes (R-CA) introduced HR 3043. While HR 3043 is primarily a clarification and codification of the Notice (with expanded flexibility for tribes) it includes two important provisions which were not in the Notice: • a provision directing the Secretary to establish a Tribal Advisory Committee which would be charged with advising the Secretary on matters relating to the taxation of Indians and the development of mandatory training and education for IRS field agents • a provision that would temporarily suspend audits and examinations of tribal governments and tribal citizens relating to the distribution of tribal general welfare benefits and would empower the Secretary to waive any associated interest and penalties that may have accrued. By a letter dated September 12, 2013, Chairman Camp and Ranking Member Levin urged Secretary Lew to: • review comments received on the Notice and ensure final administrative guidelines are fair and comprehensive • provide any necessary guidance to the IRS and IRS field agents • establish a Tribal Advisory Committee to advise the Secretary. The letter urges the Treasury Department to follow many of the provisions included in HR 3043/ S1507. Concerning the Joint Committee on Taxation Providing Revenue Estimate on HR 3043, the JCT conclusion that HR 3043 would have little federal budget revenue impact improves the bill's prospects to be included in a tax reform bill or to be attached to another legislative vehicle than would have been possible if the bill had received a high revenue score that would have required budget offsets. Since Hobbs-Straus writing, Representatives Blumenauer (D-OR); Grijalva (D-AZ); Hunter (D- CA); Noem (R-SD); Rangel (D-NY); and Simpson (R-ID) have added their names to the list of the 14 original
61 cosponsors, bringing the total to 20. Both Blumenauer and Rangel serve on the House Ways and Means Committee, which is the committee of jurisdiction for this bill. On S 1507, senators Moran and Heitkamp introduced S 1507 on September 17. S 1507 was referred to the Senate Finance Committee. Senator Moran in his press release states: "Tribes are sovereign governments with the responsibility to provide services to their citizens. By clarifying the definition of general welfare programs, this bill respects tribal sovereignty while making certain [that] tribal citizens are not unfairly taxed. This legislation will also enhance economic development and the quality of life in Indian Country." Senator Moran's press release may be viewed here: http://www.moran.senate.gov/public/index.cfm/2013/9/sens-moran-and-heitk... Senator Heitkamp in her press release states: "This bill levels the playing field by recognizing the inherent sovereignty of tribal governments to provide programs and services to its citizens, without subjecting them to heightened scrutiny from the IRS. Just as state and local governments are able to determine what programs best help their citizens – like scholarships, elder or child care, or housing assistance – we must recognize tribal governments also have those same rights. With this bill, we're supporting tribal self-determination and taking a step toward living up to our trust and treaty obligations to tribes." Senator Heitkamp's press release may be viewed here: http://www.heitkamp.senate.gov/public/index.cfm/2013/9/heitkamp-and-mora... (“Tribal General Welfare Exclusion Developments,” Hobbs-Straus General Memorandum 13-084, September 27, 2913, http://www.hobbsstraus.com/general-memorandum-13-084).
On August 2, 2013, Representatives Nunes (R-CA), Kind (D-WI), and Kilmer (D-WA) each introduced legislation to address tax policy priorities of tribal governments. The bills contain provisions that would provide tribal governments with tax treatment similar to state governments on a number of matters and would provide temporary relief from Internal Revenue Service (IRS) audits while regulations are promulgated and IRS field agents are retrained on the tax rules governing general welfare benefits provided by tribal governments to their citizens. As the House Ways and Means Committee and the Senate Finance Committee continue efforts to craft an overhaul of the nation's tax code, the bill sponsors seek to include their proposals as part of a comprehensive tax reform or in other tax-related legislation. Below, Hobbs- Straus summarizes the Tribal General Welfare Exclusion Act of 2013 (HR 3043), the Tribal Tax and Investment Reform Act of 2013 (HR 3030) and the Adoption Tax Credit Tribal Parity Act of 2013 (HR 2332).
Tribal General Welfare Exclusion Act
HR 3043 is a response to the now well-documented and unwarranted uptick in the auditing of tribal governments by IRS field agents – often for tribal governments taking actions such as providing school supplies and backpacks for children or paying the utility bills of needy tribal citizens. After an outcry from Indian Country and a number of listening sessions, the Treasury Department issued guidance on a General Welfare Exclusion Doctrine in December 2012. This bill would expand, clarify, and codify that guidance. HR 3043 would allow tribal governments to provide assistance and services to their citizens without creating a taxable event – just as state and local governments provide assistance to their citizens. The bill defines "Indian general welfare benefit" to include: any payment made or service provided to or on behalf of a member of an Indian tribe (or any spouse or dependent) provided that such payment or service is made pursuant to an Indian tribal government program. The bill would require that these programs be for the promotion of general welfare, be administered under specified guidelines and that the benefits be available to any tribal member who meets the guidelines. The benefits are not to be lavish, extravagant, or compensation for services. With regard to ceremonial activities, the bill clearly states that "any items of cultural significance, reimbursement of costs, or cash honorarium for participation in cultural or ceremonial activities for the transmission of tribal culture shall not be treated as compensation for services." HR 3043 would direct the Treasury Secretary to establish a Tribal Advisory Committee which would be charged with advising the Secretary on matters relating to the taxation of Indians and the development of mandatory training and education for IRS field agents. It would also temporarily suspend audits and examinations of tribal governments and tribal citizens relating to the distribution of tribal general welfare benefits and would empower the Secretary to waive any associated interest and penalties that may have accrued. HR 3043 is sponsored by Representative Nunes and co-sponsored 62 by Representatives: Boustany (R-LA); Cardenas (D-CA); Cole (R-OK); DelBene (D-WA); Gerlach (R-PA); Gosar (R-AZ); Jenkins (R-KS); Kilmer (D-WA); Kind (D-WI); McCollum (D-MN); Moore (D-WI); Mullin (R-OK); Reichert (R-WA); and Valadao (R-CA).
Tribal Tax and Investment Reform Act
HR 3030 is designed to treat tribal governments in the same manner as state and local governments with regard to: bond issuance, pension and employee benefit plans, and the formation of foundations and charities. Regarding tax-exempt bond issuance, HR 3030 would provide parity for tribes by repealing the essential government functions test and applying the same federal tax standards and requirements to tribes as states for governmental tax exempt bond issuances. The bill would also establish private activity volume cap rules to enable tribal governments, like state governments, to issue limited quantities of such bonds for economic development purposes. In addition, the bill would provide tribes and tribal entities with a $200 million allocation per calendar year (for three years) of Clean Renewable Energy Bonds (CREBs) to finance clean energy development projects. Regarding pension and employee benefit plans maintained by tribal governments, the bill would end the requirement that tribal governments distinguish between "governmental" employees of the tribe and "commercial" employees of the tribe (the pension and benefit plans for "governmental" employees are treated differently under the tax code than those for "commercial" employees). Often determining which employees should fall under the "commercial" or the "governmental" classification is difficult and time consuming. State and local governments are not required to make this distinction. HR 3030 would amend public charity classification rules to make it easier for tribes to form and fund separate 501(c)(3) nonprofit organizations. The bill would also extend to tribes the authority which is currently available to states to access the Federal Parent Locater Service (FPLS). The FPLS assists child support agencies in locating noncustodial parents, enforcing and establishing child support orders, and collecting child support. And finally, the bill would amend the Internal Revenue Code to extend to tribal child support agencies the authority to collect past due child support payments from the tax refunds of parents who have been ordered to pay child support. HR 3030 is sponsored by Representative Kind.
Adoption Tax Credit Tribal Parity Act
HR 2332 would treat tribal courts in the same manner as state courts with regard to determining whether an adopted child has special needs for the purposes of federal tax credits. Currently, if a child is determined by a state court to have special needs the child's adoptive parents are eligible to receive an increased federal adoption tax credit. By recognizing tribal courts' authority to make this determination this bill recognizes tribal sovereignty and provides tribal courts parity with state courts in this regard. HR 2332 is sponsored by Representative Kilmer and is co-sponsored by Representatives: Becerra (D-CA); Blumenauer (D-OR); Cardenas (D-CA); Cole (R-OK); Conyers (D-MI); Cook (R-CA); Grijalva (D-AZ); Grimm (R-NY); Hanabusa (D-HI); Alcee Hastings(D-FL); Heck (D-WA); Honda (D-CA); Keating (D-MA); Kind (D-WI); Kline (R-MN); Larsen (D-WA); Maffei (D-NY); McCollum (D-MN); Moore (D-WI); Moran (D-VA); Pocan (D-WI); Rangel (D-NY); Ruiz (D-CA); Shea-Porter (D-NH); Slaughter (D-NY); and Don Young (R-AK) (“Three Tribal Tax Bills Introduced in the House,” Hobbs-Straus General Memorandum 13-075, August 16m 2013, http://www.hobbsstraus.com/general-memorandum-13-075).
In June and July (up to the time the memorandum was written) legislative action was in progress regarding the reauthorization of the Elementary and Secondary Education Act (ESEA). The ESEA was last reauthorized in 2001 as the No Child Left Behind (NCLB) Act. That authorization expired in 2007 but Congress has continued to appropriate funding for the various education programs. The House-passed ESEA reauthorization bill (HR 5) reflects the Republican view to greatly reduce the federal role in education and provide greater flexibility to states and local districts. The Senate Committee-approved version (S 1094) also provides some flexibility but reflects more of the Administration's education goals, including waivers, 63 mandated interventions for poor-performing schools, and mandated evaluation systems for teachers and administrators. S 1094 may be brought up in the fall for full Senate consideration under an open amendment procedure which would allow Republicans the opportunity to offer amendments reflecting their interests. Hobbs-Straus reports below on the major ESEA reauthorization and Native-specific education bills.
“SEA Reauthorization Legislation
House-approved ESEA Bill: On July 19, 2013, the House amended and passed the Student Success Act (HR 5, H. Rept. 113-150 Part 1) by a vote of 221-207. HR 5, introduced by House Education and Workforce Committee Chairman Kline (R-MN), is the first major ESEA reauthorization bill to be acted on in the 113th Congress. Although the House adopted a number of amendments to HR 5, it would still seek to reduce the federal role in education policy, and promote flexibility for states and school districts to exercise greater control over education. The Administration has threatened to veto a bill like HR 5 should it reach the President's desk. HR 5 would reauthorize the ESEA through 2019, with funding levels authorized at near FY 2013 post-sequestration levels. It would eliminate a number of programs as well as consolidate many programs under two new flexible grant programs. It would also eliminate the current school accountability requirements enacted as part of the NCLB. Among the other proposed ESEA changes are provisions that would: In lieu of the NCLB-mandated accountability system, allow states to develop their own academic standards and other academic indicators in reading, math and science, and, at the state's discretion, standards in other subject areas; Allow states to identify the poorest performing schools and allow local districts to develop improvement strategies and rewards; Eliminate the "highly qualified teacher" requirements, and allow states, at their option, to develop teacher evaluation systems; Eliminate the Maintenance of Effort spending requirements as a condition for receipt of federal funding, and adjust the Title I (Improving Academic Achievement of the Disadvantaged) funding allocation so funds would "follow the student" to other public or charter schools instead of the current statute's process of funding allocated to schools with high levels of low-income students; Consolidate a number of programs to create the Local Academic Flexible Grant and the Teacher and School Leader Flexible Grant programs, and eliminate over several dozen programs; Prohibit the Secretary of Education from imposing conditions on states regarding curriculum standards and assessments (e.g., Common Core Standards); The bill would maintain the requirement that states and school districts issue and distribute an annual report card, including disaggregated data on student achievement and high school graduation rates. Title VI – Indian Education: One of the amendments to HR 5 adopted on the House floor that is of particular importance to Native students is a provision that would retain American Indian/Alaska Native/Native Hawaiian education as a separate title under the ESEA. The House adopted the amendment by a vote of 263-161. HR 5 as introduced would have merged ESEA's Indian education programs into Title I (and eliminate Title VII, which is the separate Indian education title in current law). The amendment was offered by Subcommittee on Indian and Alaska Native Affairs Chairman Don Young (R-AK), along with Representatives Gabbard (D-HI), Hanabusa (D-HI), and McCollum (D-MN). HR 5 would revise the Indian Education section as "Title VI–The Federal Government's Trust Responsibility to American Indian, Alaska Native, and Native Hawaiian Education." Among the proposed changes under Title VI are ones that would: Expand the eligible entities applying for formula grants to include not only local educational agencies and Indian tribes but also Indian organizations, Alaska Native organizations, or a consortium of such entities; Provide that once student documentation of eligibility for services has been completed, it does not have to be renewed or duplicated for subsequent grant awards; Authorize a new National Activity for Native language acquisition and restoration programs; Authorize tribe/tribal education agency cooperative agreements with state and local educational agencies that would allow the option to operate programs in public schools located on tribal lands that serve Native students; Revise the Title I committee requirements to include "family members" (rather than "parents") of children who are attending the school/s; Eliminate several programs, including the Gifted and Talented Indian Students program and the Fellowships for Indian Students; Senate Committee-approved ESEA Bill: Strengthening America's Schools Act of 2013, S 1094. On June 12, 2013, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved on a party-line vote the Strengthening America's Schools Act (S 1094), with amendments. S 1094, which is the Senate version of the ESEA reauthorization, was introduced by HELP Committee Chairman Harkin (D-IA). The bill would provide
64 flexibility to states and districts in formulating student accountability systems (states with approved flexibility waiver plans could continue that process); impose mandated interventions for poor performing schools; require teacher and principal evaluation systems; and consolidate a number of programs. Regarding Indian education, S 1094 would: Continue an ESEA title (Title VII) specific to Native education; Provide an exemption for American Indian/Alaska Native/Native Hawaiian Native language teachers from the teacher certification requirements; Expand eligibility for Indian Education formula grants to include Indian organizations or a consortia of eligible entities; Increase minimum grant amounts from $3,000 to $10,000 (this amount would be further increased to $15,000 if the Secretary determines it necessary for program quality purposes); Provide that once student documentation of eligibility for services has been completed, it does not have to be renewed or duplicated for subsequent grant awards; Authorize use of Title VII funds to support the preservation, reclamation and restoration of Native languages, while eliminating several programs authorized (but not funded) under the National Activities category; Senate Republican ESEA Bill: Every Child Ready for College and Career Act, S 1101. On June 6, 2013, HELP Committee Ranking Member Alexander (R-TN) introduced the Republican version of ESEA reauthorization legislation as S 1011, the Every Child Ready for College and Career Act. Like HR 5, S 1101 would eliminate the NCLB Adequate Yearly Progress accountability system and allow states to develop their own academic standards and assessments. It would allow states to self-identify the poorest performing schools and allow local districts to develop their own improvement strategies. Title I funds would follow the student to whichever school they attend and would consolidate numerous programs authorized in current law into two block grants to give states more flexibility in use of those funds. The bill would retain current law requirements that states have "high academic standards" and administer annual tests in reading, math and science. S 1101 would also allow states, at their discretion, to utilize Title II teacher development funds to develop teacher and principal evaluation systems. S 1101 would authorize set amounts for the Indian Education, Native Hawaiian and Alaska Native grants–at approximately five percent less than the FY 2013 appropriated levels. No other changes are proposed for Title VII. S 1011 was not marked up by the HELP Committee but will likely be the source of a number of Republican floor amendments when S 1094 is considered by the full Senate.
Native-Specific Education Bills
Two ESEA bills have been introduced that are limited to Native education, S 1131 and HR 2367. We do not know whether any of these provisions will be incorporated into the Senate ESEA or a final ESEA bill. BUILD Act for Native Education, S 1131/HR 2367. On June 11, 2013, Senator Tom Udall (D-NM) introduced S 1131, the Building upon Unique Indian Learning and Development (BUILD) Act, which is nearly identical to the bill he introduced in the 112th Congress. S 1131 was referred to the Senate Committee on Indian Affairs. Representative Lujan (D-NM) introduced a companion bill (HR 2367) on June 13, which was referred to the House Committee on Education and the Workforce. The main provisions of the BUILD Act would: Authorize the In-School Facility Innovation Program Contest to generate innovative solutions to school facility deficiencies in the BIE system and other tribal schools; Authorize grants to eligible institutions (with priority for grants to tribal colleges and universities) to develop educational programs to expand the number of and provide incentives for teachers and administrators qualified to teach in schools serving Native students; Provide that the "highly qualified teacher" definition would not apply to teachers of Native languages in lieu of state-devised alternative licensure or certification requirements for teachers of Native languages; Authorize a grant program to help ensure the survival and vitality of Native languages; Increase BIE-funded and other tribal schools access to grants, contracts, or other assistance otherwise available to elementary and secondary schools or early childhood and pre-kindergarten programs; Establish "Safe and Healthy Schools for Native American Students" program to improve school environments and enhance student skill development with a focus on the prevention of substance abuse, suicide, violence, pregnancy and obesity as well as the establishment of programs to promote healthy eating, anger and conflict management, and drop-out prevention. Section 8 of the bill would authorize forward- funding for the handful of tribal colleges not already covered by the current law's forward funding authority – United Tribes Technical College, Navajo Technical College, Institute of American Indian and Alaska Native Culture and Arts Development, Haskell Indian Nations University, and Southwestern Indian
65 Polytechnic Institute. In addition the bill would forward fund Interior Indian scholarships, adult education and special higher education scholarships (“Elementary and Secondary Education Act Reauthorization Moving in Congress,” General Memorandum 13-072, August 9, 2013, http://www.hobbsstraus.com/general-memorandum- 13-072).
Senators Heitkamp (D-ND) and Murkowski (R-AK) introduced legislation to establish a commission on Native American children, October 30, 2013. The bill, S 1622, is entitled the "Alyce Spotted Bear and Walter Soboleff Commission on Native American Children Act" and was referred to the Senate Committee on Indian Affairs. The Commission is to undertake a comprehensive study of tribal, federal, state, and local programs that serve Native children and make recommendations based on its findings. The Senators' introductory statements are attached and a copy of the bill is available at: http://www.gpo.gov/fdsys/pkg/BILLS-113s1622is/pdf/BILLS- 113s1622is.pdf The 11-member Commission would be located in the Office of Tribal Justice within the Department of Justice. The President would appoint three commissioners and the remainder would be appointed by congressional leadership. The bill would require that commissioners have expertise in Indian affairs, health care, education, juvenile justice and social service programs as they relate to Native children. In addition, at least one member would "be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission" and one member is to have expertise in statistics or social science research. Commissioners would be appointed for a three-year term. Upon a two-thirds vote of the Commission one or more employees of the Departments of Justice, Interior, Education and Health and Human Services are to be detailed to the Commission. The Commission would establish a Native Advisory Committee consisting of one representative of Indian tribes from each region of the BIA and one Native Hawaiian. Advisory Committee members are to have expertise in the matters studied by the Commission and serve as an advisory body. The Advisory Committee would establish a Native Children Subcommittee consisting of at least one youth (not older than age 24) from each BIA region and one Native Hawaiian. The Native youth chosen are to "have experience serving on the council of a tribe, regional or national youth organization." The bill includes a list of issues that are to be evaluated by the Commission, including the impact of concurrent jurisdiction on child welfare systems, barriers to obtaining sufficient federal and non-federal financial support for programs benefitting Native children, and obstacles to obtaining valid statistical data. Following the study, the Commission is to develop goals for federal policy relating to Native children and make recommendations "on necessary modifications and improvements to programs that serve Native children at the Federal, State, and tribal level that integrate the cultural strengths of the communities of the Native children …" Among the many areas for which recommendations would be expected are those to reduce the disproportionate rate at which Native children are in child protective services and in foster homes; improve the mental and physical health of Native children; increase school attendance, graduation rates and academic proficiency for Native children; improve services for incarcerated Native children and reduce incarceration and recidivism rates; expand access to a continuum of early development and learning services from prenatal to age five; development of comprehensive, multi-agency wrap- around services for youth; increased flexibility in federal programs that are designed to benefit Native children; improved data collection; and identification of successful models of programs in the areas studied by the Commission. The Commission would hold hearings in the course of its work and at least five hearings are to be held in Native communities. A witness requested to appear before the Commission is to be paid fees and allowances as are provided in section 1821 of title 28, United States Code. The bill provides that up to $2 million in unobligated balances from funds made available to the Secretary of Interior, the Attorney General or the Secretary of Health and Human Services be made available to carry out the work of the Commission. The Commission is to file a report within three years of all its members being appointed and funds made available to carry out its work. The report is to be filed with the President, Congress, and the White House Council on Native American Affairs "Bill to Establish Commission on Native American Children Introduced," Hobbs Straus General Memorandum 13-102, November 8, 2013, http://hobbsstraus.com/general-memorandum-13-102).
On July 24, 2013, a bill (S 1352) to reauthorize the Native American Housing Assistance and Self- Determination Act (NAHASDA) was introduced in the Senate. On July 31 the Senate Committee on Indian Affairs (SCIA) held a hearing on S 1352. The current iteration of the NAHASDA legislation expires on
66 September 30, 2013. S 1352 is sponsored by SCIA Chairwoman Cantwell (D-WA) and co-sponsored by SCIA Vice Chair Barrasso (R-WY), as well as Senators Johnson (D-SD), Udall (D-NM), Franken (D-MN), Begich (D- AK), Heitkamp (D-ND), Schatz (D-HI), and Hirono (D-HI). During the hearing, in his opening remarks, Vice Chairman Barrasso praised the bill for being bipartisan and for "streamlining bureaucracy in Indian housing." S 1352 would amend and reauthorize NAHASDA for another five years. A number of the provisions which would amend NAHASDA were contained in a draft bill proposed by the National American Indian Housing Council (NAIHC). Hobbs-Straus provides a summary of the Senate bill below, noting those items that were contained in the NAIHC draft bill. Program income: Any income generated from program income (as opposed to being generated by Indian Housing Block Grant (IHBG) funds) will be treated as nonprogram income and will have no restrictions. Currently, the Department of Housing and Urban Development (HUD) treats income that is generated by program income as program income, with the attendant restrictions. [This concept, albeit in slightly different form, was in the NAIHC bill.] Tribally-determined prevailing wage rates: If a tribe has adopted prevailing wage rates applicable to a NAHASDA-funded project, those rates will apply to the entire project, including other federal funding sources. [This concept, albeit in slightly different form, was in the NAIHC bill.] Environmental review: If a tribe has carried out an environmental review on a NAHASDA-funded project consistent with the applicable HUD requirements, that review will satisfy the environmental review requirements from other federal funding sources. [This concept was in the NAIHC bill.] Binding commitments: Binding commitments would no longer be required for funds utilized on privately owned homeownership units if aggregate cost is less than $10,000 over a five-year period. [This concept was in the NAIHC bill, but with a $40,000 cut-off, though with a fallback position of $7500.] Conversion of rental unit to homebuyer unit: If a family initially occupied a rental unit as a low- income family, but later gains enough income to exceed the low-income threshold, that family can still convert to a homebuyer for that same unit without having to re-qualify as low-income. [This concept was in the NAIHC bill.] Lease Termination notice period: Clarifies application of local/tribal laws for timing of lease termination notices even if there are other funding sources with different requirements. [This concept was in the NAIHC bill.] Total Development Costs: Authorizes recipients to exceed total development cost (TDC) caps by 20 percent (under current HUD regulations, it is 10 percent). This concept resulted from concerns that recipients trying to use energy efficient building designs and materials were prevented from doing so by TDC caps. [This concept was not in the NAIHC bill.] Self-Monitoring: The self-monitoring requirement would be changed from annually to every other year, except for subrecipients, who must be monitored by the recipient every year. [This concept, albeit in slightly different form, was in the NAIHC bill, which did not include language regarding subrecipients.] Reports to Congress and public availability: HUD reports regarding the NAHASDA program would go to the House Committees on Indian Affairs and Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives rather than "Congress" generally. [This concept was not in the NAIHC bill, which actually would require the HUD reports go to tribes.] Indian Veterans' Housing Assistance Demonstration Project: HUD would be authorized to take up to five percent of the rental assistance amounts appropriated under the 1937 Act to establish an Indian Veteran-specific housing assistance voucher program for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian lands. The program would be operated by IHBG recipients. The language actually involves an amendment to the 1937 Housing Act. [This concept was not in the NAIHC bill, although the NAIHC bill did call for a restoration of tribal eligibility to participate in the Section 8 voucher program, of which the Veterans' housing assistance vouchers is a subpart.] Low Income Housing Tax Credits Preference: Section 42(m)(1) of the Internal Revenue Code would be amended to require states to provide preference to applicants for Low Income Housing Tax Credits who are tribes, TDHEs, or entities wholly-owned by tribes/TDHEs, or subrecipients of tribes/TDHEs. There would also be a preference for projects being developed in Indian areas as defined by NAHASDA. [This concept was not in the NAIHC bill.] Indian Community Development Block Grant Eligibility for TDHEs: Tribally Designated Housing Entities (TDHEs) would be defined as Community-Based Development Organizations eligible to apply directly for Indian Community Development Block Grant (ICDBG) funding. [This concept was not in the NAIHC bill.] Cherokee Nation funding: The restriction on the Cherokee Nation receiving IHBG funds, which was tied to resolution of the "Cherokee Freedmen" issue, would be removed. [This concept was in the NAIHC bill.] Native Hawaiian NAHASDA: The title providing for a Native Hawaiian housing program would be restored. [This concept was in the NAIHC bill.] Matching or Cost Participation: IHBG funds would qualify to
67 be used as matching or cost participation funds for projects where other federal or non-federal funding is conditioned on having matching or cost participation funds included. [This concept was not in the NAIHC bill.] No companion bill had yet been introduced in the House, but one was expected to be introduced in the near future (“NAHASDA Reauthorization Bill Introduced in Senate,” Hobbs-Straus General Memorandum 13-070, August 1, 2013, http://www.hobbsstraus.com/general-memorandum-13-070).
Senator Murkowski (R-AK) introduced S 1574, the Indian Employment, Training and Related Services Consolidation Act of 2013. The purpose of the bill is to amend and expand the scope of the Indian Employment, Training and Related Services Demonstration Act of 1991, PL102-477, commonly referred to as the "477 Program." The bill was referred to the Senate Committee on Indian Affairs. A copy is available at: http://www.gpo.gov/fdsys/pkg/BILLS-113s1574is/pdf/BILLS-113s1574is.pdf. Public Law 102-477 has no expiration date and no specific authorization level as it is an authorization for tribes to combine programs serving similar purposes across federal agency lines. Under the current 477 Program tribes and tribal organizations are allowed to carry out consolidated programs combining federal formula-funded employment, training and related services programs of the Departments of Interior (DOI), Health and Human Services (DHHS) and Labor (DOL). The 477 Plan, which must be approved by the Secretary of Interior, allows tribes to utilize a single consolidated budget and a consolidated reporting system. The 477 Work Group. In the recent past more than 250 tribes have been involved in operating 477 Plans, some as single-tribe plans and others as tribal organization plans. More than $100 million a year has been funded to 477 Plans through agreements under Titles I and IV of the Indian Self-Determination Education and Assistance Act (ISDEAA). Unusual among federal initiatives, the 477 Program was not implemented with federal regulations. Instead, participating tribes and tribal organizations formed an independent organization called the 477 Tribal Work Group, which developed an extensive guidebook describing the 477 Program and assisted tribes and tribal organizations with developing 477 Plans. The 477 Work Group also conducts periodic symposiums and workshops to keep participating and non-participating tribes and tribal organizations informed about program requirements and operating procedures. S 1574 Proposed Changes. S 1574 would expand the reach of the 477 Program, and resolve differences between participating tribes and affected agencies that have disrupted the administration of the 477 Program in recent years. It would add eligible employment-related programs from the Departments of Agriculture, Commerce, Transportation, and other agencies that tribes and tribal organizations could draw on in designing their own employment-related programs consolidated in an approved 477 Plan. It would expand the scope of the original program to cover a wider range of departmental and agency funds and funding types (including competitive funds). Other provisions address timely approval of 477 Plans and waivers of regulations, and would streamline reporting requirements, provide means for dispute resolution, and allow tribes and tribal organizations to recover indirect costs for all programs that are included in a 477 Plan. S 1574 would also address two of the 477 tribes' primary concerns with current administration of the 477 Program by the federal agencies: 1) the 2008 decision by DOI and HHS to end the practice of transferring 477 Program funds to tribes through ISDEAA; and 2) the 2009 Circular A-133, issued by the Office of Management and Budget (OMB), which requires that tribes report 477 expenditures separately by funding source number for auditing. Under the proposed amendments, all funds for programs and services covered by an approved plan would be transferred to a tribe or tribal organization pursuant to an existing contract, compact or funding agreement under ISDEAA, and tribes and tribal organizations could combine federal funds for use in performing allowable activities authorized under an approved 477 Plan, with no requirement to maintain separate records tracing services or activities conducted under an approved 477 Plan to individual federal program sources for audit purposes. Prior Congressional Efforts to Address Tribal Concerns. In 2011, the House Appropriations Interior, Environment, and Related Agencies Subcommittee included language in Section 430 of its FY 2012 appropriations bill that would have resolved the tribal-federal agencies differences in a manner proposed by the tribes participating in the 477 Program. The federal agencies opposed the change. The Appropriations conferees agreed to defer consideration of legislation and requested that federal agencies and the tribes participating in the 477 Program engage in government-to-government consultations to resolve the issues. This led to the formation of the "P.L. 102-477 Administrative Flexibility Work Group" which has included policy and program representatives from the tribes and DOI, HHS, DOL, and OMB. The appropriations conference language made clear that the consultation process should conclude with a "general consensus" and "permanently resolve" the issues addressed in
68 the proposed legislation. After two years of meetings and negotiations, the "Flexibility" group has not reached any agreement on these issues. The introduction of S 1574 by Senator Murkowski is in response to tribal concerns regarding federal agency resistance to and weakening of the 477 Program. In the past the 477 Program has enjoyed bipartisan support, and has been recognized as an important mechanism of self-governance because it authorizes tribes to manage 477 Plan funds locally to best meet the employment needs of the local American Indian or Alaska Native population ("Legislation Introduced to Amend the 477 Program," Hobbs-Straus General Memorandum 13- 101, November 8, 2013, http://hobbsstraus.com/general-memorandum-13-101).
Senators Begich (D-AK), Baucus (D-MT), Udall (D-NM), and Schatz (D-HI) introduced S 1575, legislation to ensure that the Affordable Care Act (ACA) uses the same definition of "Indian" to define eligibility of Indians for federal services, October 16, 2013. The proposed change will not affect eligibility for Indian Health Service (IHS) coverage, rather it is designed to ensure that everyone who is eligible for IHS services will be eligible for the Indian-specific benefits and protections in the ACA. The ACA contains a number of special benefits and protections for American Indians and Alaska Natives (AI/AN). For example, AI/AN are eligible for cost-sharing protections when they enroll in health insurance coverage through the new Health Insurance Exchanges, and also qualify for open enrollment on those Exchanges. In addition, the ACA exempts members of Indian tribes from the tax penalties associated with not having minimum essential health insurance coverage. The issue is that the ACA definitions of Indian only include members of federally recognized tribes or Alaska Native Claims Settlement Act corporations, and do not include AI/AN who are eligible for IHS services but who are not members of tribes (such as certain children and descendants). The IHS serves more than just tribal members, and includes "Eskimo or Aleut or other Alaska Natives"; an individual "considered by the Secretary of Interior to be an Indian for any purpose"; an individual determined to be Indian under Department of Health and Human Services (HHS) regulations; individuals who are members of organized groups of Indians, including state-recognized tribes or tribes terminated since 1940, or their first or second degree descendants; California Indians as defined by 25 U.S.C. § 1679; and urban Indians meeting these criteria. Without the Indian definition amendment proposed by S 1575, many Native people who are eligible for IHS services may not be eligible for the ACA benefits provided to others. Currently, the HHS has only been able to use regulatory means to exempt the wider group of Native people from the tax penalty, though even that is a short-term fix. This legislative proposal is intended to be a permanent solution to the problem of disparate definitions (“Affordable Care Act Bill on Definition of Indian Introduced,” Hobbs-Straus General Memorandum 13-094, October 25, 2013, http://www.hobbsstraus.com/general-memorandum-13-094).
Representative Ruiz (D-CA) along with Representatives Cook (R-CA), Polis (D-CO), and Tipton (R-CO) introduced the Wildfire Prevention Act of 2013 as HR 3333, October 23, 2013. This bill would expand the eligibility criteria for certain areas to receive post-fire hazard mitigation assistance and would provide federal cost sharing for hazard mitigation efforts, whether or not a major disaster has been declared. Often, the response to fighting wildfires is well coordinated among federal agencies and state, tribal, and local governments. However, generally the mitigation efforts for post-fire hazards, which commonly include severe flooding, do not enjoy the same level of coordination or funding. HR 3333 was referred to the House Committee on Transportation and Infrastructure. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) authorizes the federal government to provide fire management assistance in the form of "grants, equipment, supplies, and personnel, to any State [, tribal,] or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster." 42 U.S.C. § 5187. Essentially, the federal government may provide fire management assistance (fire suppression) in anticipation that a fire could result in enough damage to warrant a major disaster declaration. Once the fire has been controlled without a major disaster declaration, access to post-fire hazard mitigation assistance is limited. The statute currently provides that "[t]he President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster." 42 U.S.C. § 5170c(a). Because State, tribal, and local governments may only receive this type of hazard mitigation assistance after a major disaster has been declared, there is often a very dangerous unaddressed risk of post-fire flooding. HR
69 3333 would allow for the provision of post-fire hazard mitigation assistance and increased federal cost sharing in instances when fire management assistance was provided under Stafford Act authority but the damage from the fire did not reach the threshold for a major disaster declaration (“Wildfire Mitigation Bill Introduced,” Hobbs- Straus General Memorandum 13-095, October 25, 2013, http://www.hobbsstraus.com/general-memorandum-13- 095).
Senator Murkowski (R-AK) introduced S 1574, the Indian Employment, Training and Related Services Consolidation Act of 2013, October 16, 2013. The purpose of the bill is to amend and expand the scope of the Indian Employment, Training and Related Services Demonstration Act of 1991, PL102-477, commonly referred to as the "477 Program." The bill was referred to the Senate Committee on Indian Affairs. A copy is available at: http://www.gpo.gov/fdsys/pkg/BILLS-113s1574is/pdf/BILLS-113s1574is.pdf. Public Law 102-477 has no expiration date and no specific authorization level as it is an authorization for tribes to combine programs serving similar purposes across federal agency lines. Under the current 477 Program tribes and tribal organizations are allowed to carry out consolidated programs combining federal formula-funded employment, training and related services programs of the Departments of Interior (DOI), Health and Human Services (DHHS) and Labor (DOL). The 477 Plan, which must be approved by the Secretary of Interior, allows tribes to utilize a single consolidated budget and a consolidated reporting system. Concerning the 477 Work Group: In the recent past more than 250 tribes have been involved in operating 477 Plans, some as single-tribe plans and others as tribal organization plans. More than $100 million a year has been funded to 477 Plans through agreements under Titles I and IV of the Indian Self-Determination Education and Assistance Act (ISDEAA). Unusual among federal initiatives, the 477 Program was not implemented with federal regulations. Instead, participating tribes and tribal organizations formed an independent organization called the 477 Tribal Work Group, which developed an extensive guidebook describing the 477 Program and assisted tribes and tribal organizations with developing 477 Plans. The 477 Work Group also conducts periodic symposiums and workshops to keep participating and non- participating tribes and tribal organizations informed about program requirements and operating procedures. Concerning S 1574 Proposed Changes: S 1574 would expand the reach of the 477 Program, and resolve differences between participating tribes and affected agencies that have disrupted the administration of the 477 Program in recent years. It would add eligible employment-related programs from the Departments of Agriculture, Commerce, Transportation, and other agencies that tribes and tribal organizations could draw on in designing their own employment-related programs consolidated in an approved 477 Plan. It would expand the scope of the original program to cover a wider range of departmental and agency funds and funding types (including competitive funds). Other provisions address timely approval of 477 Plans and waivers of regulations, and would streamline reporting requirements, provide means for dispute resolution, and allow tribes and tribal organizations to recover indirect costs for all programs that are included in a 477 Plan. S 1574 would also address two of the 477 tribes' primary concerns with current administration of the 477 Program by the federal agencies: 1) the 2008 decision by DOI and HHS to end the practice of transferring 477 Program funds to tribes through ISDEAA; and 2) the 2009 Circular A-133, issued by the Office of Management and Budget (OMB), which requires that tribes report 477 expenditures separately by funding source number for auditing. Under the proposed amendments, all funds for programs and services covered by an approved plan would be transferred to a tribe or tribal organization pursuant to an existing contract, compact or funding agreement under ISDEAA, and tribes and tribal organizations could combine federal funds for use in performing allowable activities authorized under an approved 477 Plan, with no requirement to maintain separate records tracing services or activities conducted under an approved 477 Plan to individual federal program sources for audit purposes. Relating to Prior Congressional Efforts to Address Tribal Concerns: In 2011, the House Appropriations Interior, Environment, and Related Agencies Subcommittee included language in Section 430 of its FY 2012 appropriations bill that would have resolved the tribal-federal agencies differences in a manner proposed by the tribes participating in the 477 Program. The federal agencies opposed the change. The Appropriations conferees agreed to defer consideration of legislation and requested that federal agencies and the tribes participating in the 477 Program engage in government-to-government consultations to resolve the issues. This led to the formation of the "P.L. 102-477 Administrative Flexibility Work Group" which has included policy and program representatives from the tribes and DOI, HHS, DOL, and OMB. The appropriations conference language made clear that the consultation process should conclude with a "general
70 consensus" and "permanently resolve" the issues addressed in the proposed legislation. After two years of meetings and negotiations, the "Flexibility" group has not reached any agreement on these issues. The introduction of S 1574 by Senator Murkowski is in response to tribal concerns regarding federal agency resistance to and weakening of the 477 Program. In the past the 477 Program has enjoyed bipartisan support, and has been recognized as an important mechanism of self-governance because it authorizes tribes to manage 477 Plan funds locally to best meet the employment needs of the local American Indian or Alaska Native population (“Legislation Introduced to Amend the 477 Program,” Hobbs-Straus General Memorandum 13-101, November 8, 2013, http://hobbsstraus.com/general-memorandum-13-101).
Christina Rose, “Indian Education Lagging Due to Lack of Priority and Input," ICTM July 13, 2013, http://indiancountrytodaymedianetwork.com/2013/07/13/indian-education-lagging-due-lack-priority-and-input- 150401, reported that the Senate Committee on Indian Affairs held a hearing, in July 2013, discussing the need for more tribal input in Indian education, and other educational issues. Acting director of the Bureau of Indian Education, Charles Roessel, said there is to be an increasing focus on instruction in the classroom, including work toward changing the framework of teaching and increasing the quality of teachers and instruction. "Many tribal leaders, federal agencies, and representatives from Teach for America, American Indian Higher Education Consortium, TEDNA, and National Federation of Federally Impacted Schools expressed concern over the difficulties involved with hiring highly qualified teachers. If BIE schools cannot provide pensions or pay competitive salaries, teachers, especially those with high student loan payments, will teach elsewhere. One question posed was whether there was a way to get congressional relief for the student loans of tribal members who want to come home to teach. Cecelia Fire Thunder, president of the Oglala Lakota Nation Education Coalition, cited the report, Broken Promises, Broken Schools which focuses on deteriorating BIE schools, a significant problem across Indian country. A number of the BIE school facilities are not up to par with local public school systems, including schools on the Pine Ridge Reservation. Fire Thunder and Dayna Brave Eagle, director of Tribal Education in Pine Ridge, requested more of a voice in distribution of funds and crafting Indian education programs." Executive Director of the White House Initiative on American Indian and Alaska Native Education, Bill Mendoza, noted that it is important to develop mechanisms for collaboration and cooperation between states and tribes. Gila River, AZ, Bill Mendoza, noting that their 21,000 tribal members utilize a mix of schools including grant, public, and parochial, "joined the majority of speakers about the lack of clarity and role of tribal governments in education," which needs to be increased.
Federal Agency Developments
The U.S. State Department published a notice, September 26, 2013, seeking public comments on the draft 2014 Climate Action Report, 78 Fed. Reg. 59412. The deadline for submitting comments was noon, October 24, 2013. As described in the notice, the Climate Action Report consists of two documents that have been prepared in response to reporting requirements under the United Nations Framework Convention on Climate Change (UNFCCC), which was negotiated in 1992. One document is referred to as the Biennial Report, and the other is the National Communication. The Biennial Report is a relatively brief summary of actions that have been taken by the federal government in recent years and actions that are planned, to achieve the goal of reducing U.S. greenhouse gas (GHS) emissions in the range of 17 percent below 2005 levels by 2020. The National Communication, which is called for every four years, is a much more detailed document. There is also a document prepared by the Environmental Protection Agency captioned Methodologies for U.S. Greenhouse Gas Emissions Projections: Non-CO2 and Non-Energy CO2 Sources. All of these documents are available at: www.state.gov/e/oes/climate/ccreport2014/index.htm. The Biennial Report includes an extended discussion of The President's Climate Action Plan (June 2013). As described in the Report, the President's Plan sets out "executive actions the administration will take, in partnership with states, communities, and the private sector, to continue on a path toward meeting the U.S. 2020 target." The Report discusses in some detail the roles of states and local governments in helping to meet the 2020 target. The Report does not mention Indian tribal governments at all. In the National Communication, while several chapters do not mention tribes at all, some of the chapters do include references to Indian tribal governments. The coverage of issues relevant to
71 tribes, however, is far from comprehensive. For example, Chapter 4, "Policies and Measures," includes eight pages on "Nonfederal Policies and Measures." This section begins with the statement, "In the United States, local, state, and federal governments share responsibility for the nation's economic development, energy, natural resources, and many other issues that affect climate mitigation. The federal government supports state and local government actions to reduce GHG emissions by sponsoring policy dialogues, issuing technical documents, facilitating consistent measurement approaches and model policies, and providing direct technical assistance." Tribes are included in a table in this section, but there is no mention of tribal governments anywhere in the text. There is considerably more discussion of tribal issues in Chapter 6, "Vulnerability, Assessment, Climate Change Impacts, and Adaptation Measures," including a section captioned "Tribal Culture, Lands, and Resources." The coverage of tribal issues in this chapter probably reflects the extent to which a number of tribes have been engaged in coping with climate change impacts and planning for adaptation. The Climate Action Report is a report to the international community about what the United States has been doing to deal with climate change, and what it plans to do, both through reducing GHG emissions and through adaption to the changes that cannot be avoided. There may well be points at which some discussion of tribal issues should be added, or existing discussion enhanced. Aside from reviewing the documents with a view toward filing comments, the Climate Action Report could be valuable resource for tribal governments in that it can serve as a source of information about the range of programs through which the federal government provides assistance to states and local governments. Some of such programs may also be available to tribal governments, and some might be made available if tribes were to ask for inclusion. For example, the Building Energy Codes Program administered by the Department of Energy (discussed in chapter 4, on page 16) provides assistance to states to improve energy efficiency in buildings through adoption and enforcement of energy standards in building codes. The statutory authorization for this program does not mention tribes, but DOE could probably include tribes. In a related development, on September 27, 2013, the Intergovernmental Panel on Climate Change (IPCC) announced the release of the first part of its Fifth Assessment, the IPCC Working Group I assessment report, Climate Change 2013: the Physical Science Basis, as well as a Summary for Policy Makers, available at: http://www.ipcc.ch/report/ar5/wg1/#.UkWF8obrzA4. Reports of the other two IPCCC working groups: Impacts, Adaptation, & Vulnerability and Mitigation of Climate Change, are scheduled for release in March and April 2014, respectively, to be followed by a Synthesis Report in October 2014 (“State Department Releases Draft Climate Action Report for Public Comment,” Hobbes-Straus General Memorandum 13-085, September 27, 2009, http://www.hobbsstraus.com/general-memorandum-13-085).
The Treasury Department announced, September 30, 2013, the availability of $325 million in low-cost community development loans issued through the Community Development Financial Institutions (CDFI) Bond Guarantee Program for which tribes are eligible entities. These loans are issued for a term of 30 years and are backed by the federal government. The CDFI Bond Guarantee Program was created through the Small Business Jobs Act of 2010 and this is the inaugural round of this Program. The CDFI Bond Guarantee Program is administered by the Treasury Department's CDFI Fund and works as follows: 1. The Treasury Department approved "term sheets" for $325 million in bonds with maturities up to 30 years that, when issued, will be guaranteed by the federal government for the purpose of financing community development and economic development projects. 2. The CDFI Fund has selected three Qualified Issuers to make bond loans available to Eligible CDFIs. The four Eligible CDFIs for this round of the program include: Enterprise Community Loan Fund ; Local Initiative Support Corporation (LISC) ; The Community Development Trust ; and Clearinghouse CDFI. These CDFIs will make low-cost loans available to low-income and distressed communities for Eligible Purposes. 3. Examples of Eligible Purposes include: supporting commercial facilities that promote revitalization and community stability; community facilities; the provision of basic financial services; senior living and healthcare facilities for uninsured or underinsured people; businesses that provide jobs for low-income people or are owned by low-income people; and other community or economic development activity in low-income or underserved urban and rural areas. 4. The CDFI Bond Guarantee Program is structured so that the federal government is repaid for all credit issued. The Program that does not cost the federal government and taxpayers any money. Lack of access to financing is a well-documented impediment to economic development in Indian Country. The CDFI Bond Guarantee Program is intended to fill the important need in Indian country for low-cost financing and smaller
72 loan amounts than available through traditional bond offerings. The Native American Finance Officers Association (NAFOA) estimates that interest rates will be approximately 3-4 percent for a term of 30 years and that interest rates will be approximately 3-4 percent for a term of 30 years and that the Qualified CDFIs are intending to make loans ranging in size from $1-4 million for qualified projects. (“Tribes among Eligible Entities for $325 million in Community Development Loans Through Treasury’s New CDFI Bond Guarantee Program,” Hobbs-Straus General Memorandum 13-092, October 11, 2013, http://www.hobbsstraus.com/general-memorandum-13-092).
The Internal Revenue Service (IRS) published a notice in the Federal Register, October 1, 2013, seeking applications for membership on the Advisory Committee for Tax Exempt and Government Entities (ACT). ACT members present the interested public's observations about current or proposed IRS policies, programs, and procedures carried out under the IRS's Tax Exempt and Government Entities (TE/GE) Division. Applications are being sought to fill ten vacancies, two of which are reserved for members representing tribal governments. Applications wee due November 4, 2013. Over the years the ACT has taken on topics of great significance to Indian Country. Recent topics include: the General Welfare Doctrine as Applied to Indian Tribal Governments and Their Members; (2012, 2013); Tax Exempt Bonds (2012); Administrative Guidance on Section 906 of the Pension Protection Act (2011); Tribal Economic Development Bonds (2010, 2011); and Federal Insurance Contributions Act (FICA) Taxes in Indian Country (2010). The ACT includes members representing tribal governments but it also includes members representing: employee plans, tax exempt organizations, and federal state and local governments (all of which fall under the TE/GE Division). The IRS-level ACT is different from the Treasury-level Tribal Advisory Committee proposed as part of the Tribal General Welfare Exclusion legislation (HR 3043/S 1507) and requested by House Ways and Means Committee Chairman Camp (R-MI) and Ranking Member Levin (D-MI) in their September 12, 2013, letter to Treasury Secretary Lew. This proposed Tribal Advisory Committee would be charged with advising the Secretary on matters relating to the taxation of Indians and the development of mandatory training and education for IRS field agents. However, in the interim while Tribal General Welfare Exclusion legislation is being considered by Congress and Chairman Camp and Ranking Member Levin's letter is being considered by Secretary Lew, the ACT remains an avenue for Indian Country's tax policy concerns and recommendations to be evaluated and heard within the IRS (“IRS Seeks Tribal Representatives for Advisory Committee,” Hobbs-Straus GENERAL MEMORANDUM 13-087, October 10, 2013, http://www.hobbsstraus.com/general-memorandum-13-087).
The Internal Revenue Service (IRS), in a Federal Register notice, announced proposed regulations which would permit tribal members who are paid for certain fishing-rights related activities to contribute this non-taxable income to a qualified retirement plan. Comments and requests for a public hearing must be received by February 13, 2014. Treasury and the IRS will host a telephonic consultation on December 10, 2013 at 4:00 pm EST (877-918-2508 / Passcode 4284). The proposed regulation arises from the treaty-protected fishing rights income exclusion codified in section 7873 of the Internal Revenue Code. Section 7873 clarified that income derived from fishing rights-related activity is exempt from federal, state, Social Security and unemployment taxes. Previously, the IRS had determined that this non-taxable compensation could not be placed into a tax-deferred retirement plan, such as a 401(k) plan. In the Federal Register notice IRS proposes to clarify that although section 7873 "income" is non-taxable, it may be treated as "compensation" for the purpose of establishing an individual's eligibility for participation in certain qualified retirement plans ("IRS Issues Notice of Proposed Rulemaking on Treatment of Income from Indian Fishing Rights-Related Activity; Requests Comments," Hobbs-Straus General Memorandum 13-110. December 6, 2013, http://hobbsstraus.com/general-memorandum-13-110).
In a Dear Tribal Leader letter dated July 23, 2013, the Assistant Secretary-Indian Affairs invites public comments on the draft regulations governing the leasing of school land and facilities operated by the Bureau of Indian Education (BIE) as well as fundraising by employees of BIE-operated schools1 for the benefit of the school. The proposed regulations are applicable only to the 59 schools and two post-secondary schools operated by the BIE, but the opportunity to submit comments was also open to tribes in recognition of the fact that tribal members and their children may attend such schools. The draft regulations are at: http://www.bia.gov/cs/groups/public/documents/text/idc1-022712.pdf. The deadline for submitting comments is
73 September 1, 2013. The authority for developing the regulations was included the FY 2012 Interior Appropriations Act (PL 112-74), which states in part: SEC. 115. (a)(1) Notwithstanding any other provision of law or Federal regulation, including section 586(c) of title 40, United States Code, the Director of the BIE, or the Director's designee, is authorized to enter into agreements with public and private persons and entities that provide for such persons and entities to rent or lease the land or facilities of a Bureau-operated school for such periods of time as the school is Bureau operated, in exchange for a consideration (in the form of funds) that benefits the school, as determined by the head of the school. … (c) The Secretary of the Interior shall promulgate regulations to carry out this section not later than 16 months after the date of the enactment of this Act. Such regulations shall include– (1) standards for the appropriate use of Bureau-operated school lands and facilities by third parties under a rental or lease agreement; (2) provisions for the establishment and administration of mechanisms for the acceptance of consideration for the use and benefit of a school in accordance with this section (including, in appropriate cases, the establishment and administration of trust funds); … The proposed regulations cover the following areas: Subpart A—General Provisions: addresses the purpose, scope and terms of this part (Part 48-Leases Covering Bureau-Operated Schools and Fundraising Activities at Bureau-Operated Schools); Subpart B—Leasing Bureau-operated Schools: identifies the official who may enter into the lease, the entities eligible to lease a school facility, what school facilities may be leased, compensation, authorized uses for and length of availability of funds; Subpart C—Standards for Leases and Ethical Conduct: includes standards for determining entering into a lease, lease instrument format and provisions, payment processes, monitoring use of funds, and applicable accounting standards; Subpart D—Fundraising Activities: identifies persons authorized to fundraise on behalf of the school and the limitations applicable to them; sets forth policies regarding fundraising, use of funds, and solicitation of donations. Instructions for submitting comments on the draft regulations are included in the Dear Tribal Leader letter. Comments on the consultation process employed for this consultation were also welcome to be submitted, per the instructions within the attached letter. ______1. The draft regulations define "Bureau-operated school" to mean a day school, boarding school, or a dormitory for students attending a school other than a BIE school, an institution of higher learning and associated facilities operated by the BIE. The term does not include Public Law 100-297 tribally controlled schools, Public Law 93- 638 contract or grant schools, or public schools (“Proposed Rule for Leases and Fundraising at Bureau of Indian Education-Operated Schools,” General Memorandum 13-074, August 16, 2013, http://www.hobbsstraus.com/general-memorandum-13-074).
Assistant Secretary for Indian Affairs at the Department of the Interior, Kevin Washburn, stated in August that he intends to make the casino compact process more transparent, especially by posting on the internet reasons for all agency decisions on granting or refusing to approve tribal-state gaming compacts (Rob Capriccioso, “Interior Aims for Transparency in State-Tribal Casino Compact Process,” ICTMN, August 30, 2013, http://indiancountrytodaymedianetwork.com/2013/08/30/interior-aims-transparency-state-tribal-casino- compact-process-151095).
For over the last two years, a congressionally-authorized national advisory commission, The Indian Law and Order Commission (Commission), traveled the United States conducting field hearings, meetings, and conversations with tribal, state, and federal stakeholders about the criminal justice systems serving American Indian and Alaska Native communities. The result of its work is a 326-page report released in November, 2013 entitled "A Roadmap for Making Native America Safer." The Report recommends a ten- year plan to make American Indian and Alaska Native communities safer and more just for all U.S. citizens, and to reduce the unacceptably high rates of violent crime in Indian Country. The report may be found at: https://www.indianlawandordercommission.com/report/. The Commission was created by the Tribal Law and Order Act of 2010. The nine Commissioners, who were appointed by the President and the Democratic and Republican leadership in Congress, were tasked with developing a comprehensive study of Indian Country criminal justice, and creating recommendations on essential reforms and developments to the tribal, state, and federal justice systems. The unanimous bipartisan conclusions, findings, and recommendations contained in the
74 Report represent the Commission's views on how to make Indian Country safer. The Commission notes that "when Congress and the Administration ask why the crime rate is so high in Indian country, they need look no further than the archaic system in place, in which Federal and State authority displaces Tribal authority and often makes Tribal law enforcement meaningless." This imposition has resulted in "limited law enforcement; delayed prosecutions, too few prosecutions, and other prosecution inefficiencies; trials in distant courthouses; justice system and players unfamiliar with or hostile to Indians and Tribes; and the exploitation of system failures by criminals, more criminal activity, and further endangerment of everyone living in and near Tribal communities." The Report contains six chapters, addressing: (1) Jurisdiction; (2) Reforming Justice for Alaska Natives; (3) Strengthening Tribal Justice; (4) Intergovernmental Cooperation; (5) Detention and Alternatives; and (6) Juvenile Justice. While some of the Commission's recommendations require legislative action, others can be addressed by the Executive Branch, and still others will require action by the federal judiciary. The Commission found "that for public safety to be achieved effectively in Indian country, Tribal justice systems must be allowed to flourish, Tribal authority should be restored to Tribal governments when they request it, and the Federal government, in particular, needs to take a back seat in Indian country, enforcing only those crimes that it would otherwise enforce on or off reservation." The Commission found that disproportionately high rates of crime in Indian County "have called into question the effectiveness of current Federal and State predominance in criminal justice jurisdiction in Indian country." The Commission's recommendations include the suggestion that any tribe should be able to choose, fully or partially, to immediately opt out of federal and/or congressionally authorized State- Indian Country criminal and/or juvenile jurisdiction, which would include the recognition of the inherent criminal jurisdiction of tribal government over all persons within the exterior boundaries of a tribe's lands. The Commission also recommends that tribes should be able to opt-out of the sentencing restrictions of the Indian Civil Rights Act. The tribe would be required to provide civil rights protections equal to those guaranteed in the U.S. Constitution, and tribal court decisions would be subject to federal judicial appellate review. To properly implement this recommendation, the Commission also recommends that a new federal circuit court, the United States Court of Indian Appeals, be established to hear appeals from tribal courts. The Commission devoted a full chapter to the unique situation in Alaska, which has only one Indian reservation and largely lacks the "Indian Country" that primarily defines the geographic scope of tribal criminal jurisdiction. The Commission offered several recommendations designed to put Alaska on the same footing as tribes in the lower 48, including legislation that would provide avenues for expanding Indian Country and trust land acquisition in Alaska. The Commission also recommends that Congress repeal the exclusion of Alaska tribes (outside of the one reservation) from the tribal jurisdictional provisions of the Violence Against Women Act and affirm the inherent criminal jurisdiction of Alaska Native tribal governments over their members within the external boundaries of their villages. To strengthen tribal justice, the Commission recommends directing sufficient funds to Indian Country law enforcement to bring their coverage numbers into parity with similarly situated off-reservation non-Indian communities. Furthermore, the Commission calls on the Executive Branch to take actions that would strengthen tribal justice systems and on the U.S. District Courts to provide more judicial services in and near Indian Country. The Commission stresses the importance of fully funding each provision of the Tribal Law and Order Act of 2010, both for FY 2014 and future years, and finally funding the Indian Tribal Justice Act of 1993. To improve the management of federal criminal justice programs in Indian Country, it recommends eliminating the Office of Justice Services in the Department of the Interior and consolidating all Department of Justice (DOJ) Indian Country programs and services into a single "Indian Country component" at DOJ. Along with this consolidation would be legislation to require Indian preference in the new office's hiring decisions and an affirmation of its trust responsibility for Indian Country. Significantly, the Commission recommends amending the Indian Self-Determination and Education Assistance Act (ISDEAA) to give tribal governments the opportunity to contract or compact with the new DOJ office under ISDEAA. In order to ensure stronger coordination among federal, state, and tribal law enforcement, the Commission stresses the need for federal incentives to states and tribes to increase participation in cross-deputation and other agreements. Additionally, the Commission recommends requiring intergovernmental sharing of data on arrests, court proceedings, and reentry. To address deficiencies in detention, such as systemic
75 disproportionally in sentencing, distance from their homes, and the failure to provide culturally relevant support to offenders, the Commission recommends providing tribes greater access to federal prison programs, establishing incentives for the development of high-quality regional Indian Country detention facilities, and converting the DOJ Bureau of Prisons (BOP) pilot program, which allows a limited number of tribal prisoners to be detained in BOP facilities, into a permanent program. The Commission found that Native youth are among the most vulnerable children in the United States, and that "the same complexities and inadequacies of the Indian country adult criminal justice impair juvenile justice." The Commission recommends jurisdictional reforms for Native youth, such as (i) providing tribes with the opt-out option discussed above, and the right to consent to any U.S. Attorney's decision before federal criminal charges against any juvenile can be filed; (ii) establishing greater and more stable access to federal juvenile justice funding; (iii) requiring federal and state juvenile justice systems to maintain proper records indicating tribal membership and the location of the underlying conduct within Indian Country that brought the juvenile into the judicial system; and (iv) amending the Indian Child Welfare Act (ICWA) to provide that all of the notice, intervention, and transfer provisions of ICWA apply when a state court initiates any delinquency proceeding involving an Indian child for acts that took place on the reservation. The Commission found that the public safety crisis in Native America is "emphatically not an intractable problem," and dramatic improvements to public safety in Indian Country are possible, but only after tribes are given a greater freedom to build and maintain their own criminal justice systems ("The Indian Law and Order Commission Issues Its Report Containing over 40 Recommendations to Make Indian Country Safer," Hobbs-Straus General Memorandum 13-107, November 22, 2013, http://hobbsstraus.com/general-memorandum- 13-107).
The newly appointed Advisory Committee of the Attorney General's Task Force on American Indian/Alaska Native Children Exposed to Violence (Task Force) held its first hearing December 9-10, 2013, in Bismarck, North Dakota. Attorney General Holder announced the creation of the Advisory Committee on November 13, 2013, at the White House Tribal Nations Conference. The creation of the Attorney General's Task Force specific to Native children was in response to a national report published in December 2012 regarding children exposed to violence which noted the high levels of violence experienced by Native children and the lack of services for them. The Task Force consists of U.S. Attorneys and others from the Departments of Interior and Justice. The new Advisory Committee which will make recommendations to the Task Force includes non-federal people with expertise in Native issues, including child health and trauma. The hearing in Bismarck focused on American Indian/Alaska Native children's exposure to violence in the home. Those wishing to provide testimony during the hearing were to register at www.justice.gov/defendiingchildhood seven or more days in advance. Future hearings were to be in Phoenix, Fort Lauderdale, and Anchorage in early 2014. Members of the Advisory Committee are: • Joanne Shenandoah, Iroquois, composer and musical artist. Shenandoah will co-chair the Advisory Committee • The Honorable Byron Dorgan, Chairman, Board of Advisors, Center for Native American Youth; former U.S. Senator and chair of the Senate Committee on Indian Affairs. Dorgan will co-chair the Advisory Committee. • Dolores Subia Bigfoot, Caddo Nation of Oklahoma, Director, Indian Child Trauma Center, University of Oklahoma • Rear Admiral Eric Broderick, former Deputy Administrator, Substance Abuse and Mental Health Services Administration • Eddie Brown, Pasqua Yaqui Tribe and Tohono O'odham Nation, Executive Director of the American Indian Policy Institute and Professor of American Indian Studies, Arizona State University • Valerie Davidson, Orutsararmiut Native Council Member and Senior Director, Legal and Intergovernmental Affairs, Alaska Native Tribal Health Consortium • Anita Fineday, White Earth Band of Ojibwe, Director, Indian Child Welfare, Casey Family Programs • Matthew Fletcher, Grand Traverse Band of Ottawa and Chippewa Indians, Director, Indigenous Law and Policy Center, Michigan State University • Alicia Lieberman, Director, Child Trauma Research Program, University of California at San Francisco • Chaske Spencer, Lakota, actor • Ron Whitener, Squaxin Island Tribe, Executive Director, Native American Law Center, University of Washington School of Law • Marilyn J. Bruguier Zimmerman, Assiniboine-Sioux/Fort Peck Reservation, Director, National Native Children's Trauma Center, University of Montana ("First Hearing of the Advisory Committee on Native Children Exposed to Violence," Hobbs Straus General Memorandum 13-106, November 22, 2013, http://hobbsstraus.com/general-memorandum-13-106).
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The Department of Justice (DOJ) published, November 29, 2013, in the Federal Register a final notice and solicitation of applications for a voluntary Pilot Project established under the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) for Indian tribes who wish to commence exercising "special domestic violence criminal jurisdiction" (SDVCJ) on an accelerated basis. See http://www.gpo.gov/fdsys/pkg/FR-2013-11-29/pdf/2013-28653.pdf This notice establishes the procedures for a tribe to request designation as a participating tribe and for the Attorney General to act on such requests. Section 904 of VAWA 2013 (25 U.S.C. § 1304) amended the Indian Civil Rights Act to recognize and affirm the inherent power of "participating tribes" to exercise SDVCJ over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence, or violate certain protection orders in Indian Country. Although section 908 of the Act provides that tribes generally cannot exercise SDVCJ until at least two years after the enactment of VAWA 2013, it also establishes a Pilot Project that authorizes the Attorney General to grant a tribe's request to be designated as a participating tribe on an accelerated basis. The DOJ notice provides a lengthy statutory background statement that helps illustrate the underlying constitutional and legal issues, and provides historical context for section 904. DOJ notes that the term SDVCJ is defined to mean "the criminal jurisdiction that a participating tribe may exercise under [25 U.S.C. 1304] but could not otherwise exercise" and that for most tribes SDVCJ is effectively confined to criminal jurisdiction over non-Indians. There is, however, no SDVCJ over an alleged offense if neither the defendant nor the alleged victim is an Indian, and the defendant must have "significant ties" to the prosecuting tribe. To establish significant ties a defendant must: 1) reside in the participating tribe's Indian Country. 2) be employed in the tribe's Indian Country; or 3) be a spouse, intimate partner, or dating partner either of an Indian who is a member of the tribe or who resides in the tribe's Indian Country. The notice also clarifies that the SDVCJ does not apply to conduct that occurs outside of Indian Country and does not generally cover crimes of child abuse or elder abuse and crimes between two strangers (including sexual assaults) unless a violation of a protection order is involved. Section 904 also specifies the rights that a participating tribe must provide to a criminal defendant when exercising SDVCJ, and the notice provides DOJ's interpretation of those rights. In order to request designation as a participating tribe that may commence exercising SDVCJ on an accelerated basis, a tribe must fill out an Application Questionnaire that asks the tribe to identify provisions of the tribe's criminal code, rules of procedure, and written policies, as well as actual practices that qualify the tribe to exercise SDVCJ on an accelerated basis. For a copy of the Application Questionnaire see http://www.justice.gov/tribal /docs/appl-questionnaire-vawa-pilot.pdf. The Attorney General may only grant a request after concluding that the requesting tribe's criminal justice system "has adequate safeguards in place to protect defendants' rights consistent with [25 U.S.C. § 1304]." DOJ developed the Application Questionnaire to accommodate a self-certification process advocated by tribes during the planning phase of the project. Each requesting tribe must provide certified answers to a list of detailed questions about the various safeguards that the tribe has put in place to protect defendants' rights, but the questions are designed to be answered with a single sentence or a simple "yes" or "no" (a copy of the Application Questionnaire is appended to the final notice). The Application Questionnaire must be completed and certified as accurate by the tribe's chief executive, judicial, and legal officers. Each requesting tribe is also asked to attach the relevant portions of its laws, rules, and policies to its completed Questionnaire and these materials will be made publicly available. The final notice sets out eight steps DOJ will take after receiving a tribe's complete, certified Application Questionnaire process: 1) the application will be shared with relevant components of DOJ and the Department of the Interior (DOI); 2) notice will be posted on a DOJ website and DOJ will consult with the elected and appointed officials of the affected tribes; 3) DOJ may make follow-up inquiries about the tribe's criminal justice system; 4) DOJ and DOI will coordinate in reviewing the application; 5) if funding is available, DOJ may provide training or technical assistance to a tribe; 6) DOJ personnel will recommend to the Associate Attorney General whether a tribe should be designated as a participating tribe on an accelerated basis; 7) if the recommendation is positive, DOJ will consult with the requesting tribe to establish a date for commencement of SDVCJ; and; 8) if a commencement date and any conditions are agreed upon, the Associate Attorney General may make the designation. At a tribe's request, DOJ will also engage in one-on-one, government-to-government consultation with a tribe before the tribe submits its application. If an application receives a negative response, DOJ may, if funding is available, provide training and technical assistance that may enable the tribe to submit a revised request. DOJ will give the same priority
77 consideration to any tribal request received within 30 days of the publication of the final notice, and on January 6 and 7, 2013, DOJ will conduct telephonic consultation with affected tribes on all of the applications received on or before December 29, 2013 See attached Dear Tribal Leader Letter. DOJ will also consider any tribal request received before March 7, 2013, when the Pilot Project expires. After the expiration of the Pilot Project, any tribe who determines it meets the statutory requirements for exercising SDVCJ may do so without the approval from DOJ. A primary goal of the Pilot Project is therefore the development of best practices that other tribes can use to implement SDVCJ in 2015 and beyond. To that end, the DOJ has assembled an Intertribal Technical-Assistance Working Group on Special Domestic Violence Criminal Jurisdiction (ITWG), which has already begun work developing best practices and advice, including a tribal code checklist, which may serve as a useful resource for tribes wishing to participate in the Pilot Project or to exercise SDVCJ after March 7, 2013 ("DOJ Solicits Applications from Tribes to Participate in VAWA Special Domestic Violence Criminal Jurisdiction Pilot Project," Hobbs-Straus General Memorandum 13-109, December 5, 2013. General Memorandum 13-109).
The Bureau of Indian Affairs (BIA) issued the Final Rule, November 13, 2013, amending its land-into- trust regulations at 25 C.F.R. Part 151 in response to the Supreme Court's decision in Match-E-Be-Nash- She-Wish Band of Pottawatomi Indians v. Patchak, 132 S.Ct. 2199 (2012) (the "Patchak" decision). In Patchak, the Supreme Court held that the Quiet Title Act did not prevent challenges to the trust status of land after lands had been taken into trust. Prior to that decision, the prevailing view was that the Quiet Title Act precluded judicial review of decisions by the United States to take land into trust after the land had been taken into trust. As a result in 1996, the Department of Interior (Department) had revised its Part 151 regulations to provide potential challengers a 30-day window to bring a lawsuit after the Department decided to take land into trust but before actually taking the land into trust. In Patchak, the Supreme Court held that the Quiet Title Act was no bar to bringing a challenge to a fee-to-trust decision after lands had been taken into trust when the challenger did not actually claim title to the land at issue. The Court held that fee-to-trust decisions were subject to challenges under the Administrative Procedure Act (APA), which raised the concern that land-into-trust decisions could be challenged for up to six years after lands had been taken into trust. Hence, after the Patchak decision, there is no longer any need for the Department to delay taking land into trust for 30 days. The Final Rule is designed to reflect this and amends the Part 151 regulations so as to delete the 30-day waiting period. The Final Rule provides that the Secretary shall complete the trust acquisition immediately after the decision to take land in trust is final for the Department. The Final Rule will differentiate between two types of land-into-trust decisions: those made at the Secretary or Assistant Secretary level, and those made by other BIA officials (e.g., Area Directors). Decisions made by the Assistant Secretary are final as of the date of decision. When the Assistant Secretary approves an application, the land will be taken in trust immediately at that time, and any challengers will have the right to go to federal court to sue under the APA. At a tribal leader meeting on November 12, 2013, Assistant Secretary – Indian Affairs Kevin Washburn indicated that he would decide appeals involving any decisions appealed to the Interior Board of Indian Appeals (IBIA) involving more than 200 acres. Decisions made by other BIA officials are not final agency action that can be appealed in federal court until all administrative remedies have been exhausted or the time for filing a notice of appeal has passed and no appeal has been filed. Under the Final Rule, a decision made by other BIA officials must be challenged, if at all, within 30 days by filing an appeal to the IBIA. If there is no challenger within that time, the decision becomes final, the land is then taken into trust, and any challenge after the 30-day period is deemed to be improper due to a failure to exhaust administrative remedies. If a challenger does appeal within the 30-day period, the normal IBIA process will apply. If the challenger is successful, the land will not be taken into trust. If the challenger is not successful, then the land will be taken into trust immediately after the IBIA process is complete. Only then will the challenger have the right to challenge the decision in federal court under the APA. The BIA accepted many suggestions submitted by tribes, improving the rule from its proposed form. However, many changes suggested that would limit the time the BIA can take to decide appeals, to further improve or circumvent the IBIA process, or to otherwise accelerate the land- into-trust process were rejected. The BIA did not accept any of the suggestions by the many state and local governments or non-Indian advocacy groups who responded disfavorably to the Rule. The Rule went into effect on December 13, 2013, and may be found at: http://www.gpo.gov/fdsys/pkg/FR-2013-11-13/pdf/2013-26844.pdf ("BIA Releases "Patchak Patch": Final Rule on Land-Into-Trust Appeals," Hobbs Straus General Memorandum
78 13-104, November 22, 2013, http://hobbsstraus.com/general-memorandum-13-104).
The Federal Communications Commission (FCC) published a notice, September 16, 2013, in the Federal Register announcing a reverse auction through which the FCC will award up to $50 million to telecommunications carriers to support the expansion of mobile services on Tribal lands, 78 Fed. Reg. 56875, available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-16/pdf/2013-22483.pdf. The auction was scheduled for December 19, 2013, but carriers that choose to participate in the auction were required to file a short-form application by October 9, 2013. For decades, the FCC has administered a Universal Service Fund to support telephone service in high-cost areas. In 2011, the FCC issued the USF/ICC Transformation Order, which made comprehensive changes in the Universal Service Fund to include support for the expansion of mobile services (voice and broadband) into areas that lack such services. 76 Fed. Reg. 73830 (Nov. 29, 2011); 76 Fed. Reg. 81562 (Dec. 2011). As explained in the Federal Register notice, the Mobility Fund is a universal service support mechanism dedicated to expanding mobile services. The Tribal Mobility Fund Phase I is a one-time allocation of $50 million to support "the buildout of current- and next-generation mobile networks on Tribal lands where these networks are not available." The goal is to extend the availability of networks that provide 3G or better performance and to "accelerate the deployment of 4G wireless networks where it is cost-effective to do so with one-time support." This auction is designated as Auction 902. Detailed information is contained in the Auction 902 Procedures Public Notice, which was released by the FCC on August 7, 2013, available at http://wireless.fcc.gov/auctions/902. That website also includes a tutorial that explains the auction process, as well as an interactive map that identifies areas of Tribal lands that are eligible for the auction. As defined by the FCC, "Tribal lands" include the reservations of every federally recognized Indian tribe, former reservations in Oklahoma, Alaska Native regions established by the Alaska Native Claims Settlement Act, Indian allotments, and Hawaiian Home Lands. In determining whether any particular area of Tribal lands is eligible for Tribal Mobility Fund Phase I support, the FCC analyzed census blocks within Tribal lands and determined whether there currently is 3G or better service at the geometric center of the block (using January 2013 data). If such service is not available at that point, the FCC concluded that the census block is not served and, as such, is eligible. In order to participate in the auction, an applicant must be designated as an "eligible telecommunications carrier" (ETC) for the area on which it wants to bid, although there is an exception of sorts for entities that are Tribally- owned or -controlled. Such an entity need not have been formally designated as an ETC, but it does need to have an application for ETC designation pending as of the deadline for the short-form application, i.e., October 9, 2013. The process for applying for designation as an ETC is summarized in the Federal Register notice, at pages 56879- 80. Briefly, if an entity is subject to the jurisdiction of a state regulatory commission, it should seek designation from that state commission. If it is not subject to state jurisdiction, it must apply to the FCC. Guidance on the requirements for applying to the FCC for designation as an ETC may be found in a FEDERAL REGISTER notice published on March 8, 2012. 77 Fed. Reg. 1401, available at http://www.gpo.gov/fdsys/pkg/FR-2012-03- 08/pdf/2012-5594.pdf. Any Tribally-owned or controlled carrier that participates in Auction 902 will be given a 25 percent reverse bidding credit, which will have the effect of reducing the entity's bid by 25 percent for the purpose of comparing it to other bids. (In a reverse auction, the lowest bid is the winner.) The reason for this bidding credit is the recognition of the Tribes' interest in self-government. After the auction takes place, each winning bidder will be required to file a long-form application. At that point in the process, and continuing as long as support from the Tribal Mobility Fund is provided, each winning bidder will be required to comply with the "Tribal engagement obligations" applicable to all ETCs. As noted in the Federal Register notice (at 56893), and as discussed in detail in the USF/ICC Transformation Order, "these obligations are designed to ensure that Tribal governments have been formally and effectively engaged in the planning process and that the services to be provided will advance the goals established by the Tribal government." Thus, the FCC encourages applicants seeking to serve Tribal lands to "begin engaging with the appropriate Tribal governments as soon as possible." As summarized in the Federal Register notice" A winning bidder's engagement with the appropriate Tribal government(s) must consist, at a minimum, of discussion regarding: (i) A needs assessment and deployment planning with a focus on Tribal community anchor institutions; (ii) feasibility and sustainability planning; (iii) marketing services in a culturally sensitive manner; (iv) rights of way processes, land use permitting, facilities siting, environmental and cultural preservation review processes; and (v) compliance with Tribal business and licensing requirements (“$50 Million
79 Available in FCC Tribal Mobility Fund Auction,” Hobbs-Straus General Memorandum 13-082, September 20, 2013, General Memorandum 13-082).
The Federal Highway Administration (FHWA) was soliciting applications for competitive grants from the Tribal Transportation Program Safety Fund (TTPSF). Eligible applicants are federally-recognized tribes. The announcement also contains final selection and evaluation criteria for the program since it is the first round of funding under the newly approved fund, which is discussed below. Grant applications were due to the FHWA by September 19, 2013. Applicants can access a recorded webinar of how to apply for the grants at http://www.fhwa.dot.gov/programs/ttp/. The TTPSF grants will fund highway safety projects such as correction of a hazardous highway safety problem; correcting or improving a road location or feature; or strategies, activities, and projects on public roads consistent with State Strategic Highway Safety Plans, including infrastructure or education activities. The requirement that projects align with State Strategic Highway Safety Plans touches every aspect of this program. To be eligible for this program, the proposed activity must also address a priority in tribal transportation safety plans, and any proposed facilities improvement must be included in a tribe's National Tribal Transportation Facility Inventory and be listed in a tribe's Transportation Improvement Program (TIP). If a proposed project meets the above requirements, the FHWA will give priority to projects that fall in one of the following four areas: 1) safety planning activities (40 percent of funding); 2) engineering improvements (30 percent of funding); 3) enforcement and emergency services improvements (20 percent of funding); and 4) education programs (10 percent of funding). FHWA expects a maximum of $18 million could be made available for FYs 2013 and 2014 combined. It recognizes that demand will likely exceed this level, and thus "encourages applications for modest-sized, scalable requests that allow more tribes to receive funding." The notice contains comprehensive information about what must be submitted with the applications, the criteria it will use to evaluate applications, as well as examples of projects to fulfill each priority area. Applications must be submitted by September 19, 2013, either via www.grants.gov or directly to the FHWA at [email protected] (FHWA added this option after the Federal Register notice was published) “Tribal Transportation Program Safety Grants,” Hobbs- Straus General Memorandum 13-071, August 9, 2013, http://www.hobbsstraus.com/general-memorandum-13- 071).
The Department of Agriculture published, in an August 27, 2013, Federal Register notice, a final rule regarding the Food Distribution Program on Indian Reservations (FDPIR). The rule is designed to simplify the administration of the FDPIR and more closely align it with the Supplemental Nutrition Assistance Program (SNAP or Food Stamp Program). Notable among the changes is the elimination of household resources from consideration when determining FDPIR eligibility – this does not affect the requirement to meet current maximum FDPIR income limits. The Department received 98 comments, virtually all of them favorable to the proposed changes; the final rule makes little change to the rule as proposed. The Department notes that because the FDPIR is now more closely aligned with the SNAP program, changes in that program could result in additional changes in the FDPIR. Congress is currently considering reauthorization of the Farm Bill which includes SNAP and FDPIR. The new changes to the FDPIR regulations include: Elimination of household resources in determining FDPIR eligibility including non-recurring lump sum payments (i.e., security deposits on rental property or utilities, tax refunds) and non-monthly per capita payments derived from profits of tribal enterprises. Expansion of the current income deduction for Medicare Part B Medical Insurance and Part D Prescription Drug Coverage premiums to include other out of pocket monthly medical expenses in excess of $35 for households with elderly and/or disabled members Establishment, by region, of an income deduction for shelter and utility expenses (Northeast, Midwest, and Mountain Plains - $400; Southeast and Southwest - $300; and West - $350.) The notice includes a list by state. Establishment of verification requirements regarding income deductions and revision of household reporting requirements, including changes in income exceeding $100 (“Food Distribution Program on Indian Reservations Final Rule,” Hobbs-Straus General Memorandum 13-076, August 29, 2013, http://www.hobbsstraus.com/general-memorandum-13-076).
The Department of Agriculture, July 17, 2013, announced new funding for rural electrification projects, including $9.8 million that will benefit Indian communities: Black Hills Electric Cooperative in
80 South Dakota, Central Rural Electric Cooperative in Oklahoma and Lacreek Electric Association serving South Dakota and Nebraska (“Vilsack Announces Funding for Rural Electric Projects Including $9.8M for Native Communities,” ICTMN, July 18, 2013, http://indiancountrytodaymedianetwork.com/2013/07/18/vilsack- announces-funding-rural-electric-projects-including-98m-native-communities-150476).
The U.S. Bureau of Land Reclamation signed an agreement with 10 tribes, in September 2013, to study what to do about projected water shortages due to global warming induced climate change and increasing water use in the Colorado River Basin ("Colleen Keane, "Signing ceremony seals agreement to conduct tribal water study," Navajo Times, September 19, 2013).
The Forest Service published a notice in the Federal Register, August 27, 2013, requesting applications for the Community Forest and Open Space Conservation Program (CFP). Indian tribes (including Alaska Native Corporations) are among the entities eligible to apply for an estimated $4 million in FY 2014 grant funding to establish community forests through fee simple acquisition of private forest land. Applications are due February 17, 2014. The purpose of the CFP is to protect forest land from conversion to non-forest uses and to provide community benefits such as: wildlife habitats, forest-based educational programs and recreational benefits secured with public access. Lands eligible for funding are those that are: private forest land that is at least five acres in size, suitable to sustain natural vegetation, at least 75 percent forested, and threatened by conversion to non-forest uses. Additionally, eligible land must not be held in trust by the United States on behalf of any Indian tribe or be tribal allotment lands. Lands acquired prior to a grant award are not eligible for funding. Of the $4 million estimated to be available in FY 2014, the Forest Service will award grants in amounts of $400,000 or less to grantees. A 50 percent match is required but grantees may use a combination of cash, in-kind services, and donations from a non-federal source to achieve the match. Grants are for a period of two years but this timeline may be extended by the Forest Service to accommodate unforeseen circumstances in the land acquisition process (“Forest Service Seeks Applicants for Community Forest and Open Space Conservation Program,” Hobbs-Straus General Memorandum 13-077, August 29, 2013, http://www.hobbsstraus.com/general-memorandum-13-077).
The National Park Service published proposed rules on the disposition of unclaimed Native American human remains and other cultural items excavated or removed from federal lands after the date of enactment of the Native American Graves Protection and Repatriation Act (NAGPRA), 78 Fed. Reg. 64436, October 29, 2013. The proposed rules will implement section 3(b) of NAGPRA, 25 U.S.C. § 3002(b), which directs the Secretary of the Interior to promulgate regulations, in consultation with the NAGPRA review committee and with "Native American groups, representatives of museums and the scientific community." The Federal Register notice describes the steps that NPS has taken to carry out the required consultation. The deadline for submitting comments on the proposed rules is December 30, 2013. The proposed rules define the term "unclaimed cultural items" as "Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony excavated or removed from federal lands after November 16, 1990," which have not been repatriated pursuant to NAGPRA because either "(i) No identified potential claimant … has exercised its rights to claim ownership or control … or (ii) No potential claimant can reasonably be identified." The proposed rules apply only to federal lands because, under NAGPRA, new discoveries on tribal lands are subject to the control of the relevant tribe, except when there are known lineal descendants. The proposed rules also add a new section 10.7 to the regulations implementing NAGPRA. 43 C.F.R. Part 10. Agencies that have unclaimed cultural items must compile a list of such items and submit the list to the National NAGPRA Program; they must care for the items in a manner consistent with the federal regulations governing "Curation of Federally-owned and Administered Archaeological Collections" (36 C.F.R. Part 79); and they must consider and respect the traditions of potential claimants regarding treatment of the items. Agencies would have discretion, after providing notice, to transfer items to an Indian tribe or Native Hawaiian organization, to reinter the items, or to offer the items for disposition in accordance with state or other law (“National Park Service Proposed Rules for Disposition of Unclaimed Human Remains and Cultural Items under the Native American Graves Protection and Repatriation Act,” Hobbs-Straus General Memorandum 13-097, November 1, 2013, http://www.hobbsstraus.com/general-memorandum-13-097).
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The U.S. Department of Energy (DOE) issued a final rule, July 9, 2013, updating the baseline energy efficiency standards for new federal commercial buildings and for new multi-unit residential buildings that are higher than three stories. The rulemaking document does not include any discussion of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, which requires each federal agency to seek input from tribes in developing regulatory policies that have tribal implications. Apparently, DOE not only concluded that there are no "tribal implications" but also that there was no need to explain such a conclusion. It appears to us, however, that there may be tribal implications that have been overlooked. DOE is required by statute to establish energy efficiency standards for new federal buildings. 42 U.S.C. § 6834(a) (regulations codified at 10 CFR Part 433). A federal building is "any building to be constructed by, or for the use of, any Federal agency. Such term shall include buildings built for the purpose of being leased by a Federal agency, and privatized military housing." A "commercial building" is "any building other than a residential building, including any building developed for industrial or public purposes." 42 U.S.C. § 6832. Issues relating to buildings constructed by tribal governments for the operation of federally-funded programs are not addressed in either the statute or the regulations. Presumably, a building constructed by the Bureau of Indian Affairs (BIA) or Indian Health Service (IHS) is a federal building even though title to the building may be transferred to a tribe through a self-determination contract. If a tribe constructs a building with federal funds, e.g., through self-determination contract or self-governance compact, then it is arguably not a federal building and, so, not subject to federal energy efficiency standards. The rule updating the energy efficiency standards for new federal buildings is part of a multi-faceted program to promote energy efficiency in new buildings. 42 U.S.C. §§ 6831 – 6836. Other components include support for non-governmental organizations that develop standards for incorporation into building codes and support for states and local governments to periodically review their building codes and incorporate such standards. Tribes are not included in the statutory language, and have generally been left out of the assistance that DOE provides to state and local governments. The program for federal buildings seeks to provide leadership in energy efficiency. The goal is to reduce consumption of fossil fuel energy in federal buildings such that by 2030 new buildings will consume zero fossil fuel energy. The basic approach is to incorporate by reference the standards in the "voluntary consensus codes" developed by two organizations: the International Code Council (ICC) and the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE). The ICC's International Energy Conservation Code (IECC) is the referenced code for low- rise residential buildings (three stories or less above grade), and ASHRAE Standard 90.1 is the referenced code for commercial buildings and high-rise residential buildings. Both the IECC and ASHRAE 90.1 are updated periodically. Whenever one of these codes is updated, DOE must determine, based on a life-cycle analysis of cost- effectiveness, whether to amend the baseline standards to incorporate the updated referenced code. In the new final rule, DOE has determined that it will be cost-effective to update baseline standards for new federal commercial and high-rise residential buildings to incorporate the 2010 version of ASHRAE 90.1 as the minimum. New federal buildings are required to at least meet the minimum standards, but they are supposed to do better – they are supposed to be 30 percent more efficient than a building that complies with the minimum standards, as long as the incremental efficiency improvements are life-cycle cost-effective. Thus, after the new rule takes effect, the standard for a new federal building will be 30 percent more efficient than a building that just meets the ASHRAE 90.1 2010 standards and, consequently, will have energy costs of about 30 percent less per year. A new building that is federally funded but not "federal" will have to meet the energy efficiency standards in the applicable building code, if there is one. If a new building constructed by a tribe is held to compliance with the 2010 version of ASHRAE 90.1, the tribe's new building would have energy operating costs of about 30 percent more than a comparable new federal building. For reasons explained in the preamble to the final rule, it was not published for public review and comment. Nevertheless, tribes could file comments with DOE to raise concerns regarding the tribal implications of this final rule and other aspects of the DOE program to promote energy efficiency in new buildings. For example, tribes could ask for assistance from DOE to develop tribal building codes that incorporate an energy reduction target like that in the new final rule, i.e., 30 percent better than ASHRAE (“Department of Energy Updates Energy Efficiency Standards for New Federal Commercial and High- Rise Residential Buildings,” Hobbs-Straus General Memorandum 13-065, July 19, 2013, http://www.hobbsstraus.com/general-memorandum-13-065).
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"Nine Tribes to Receive $7 Million From Department of Energy for Wind, Biomass, Solar Projects," ICTMN. November 14, 2013, http://indiancountrytodaymedianetwork.com/2013/11/14/nine-tribes-receive-7- million-department-energy-wind-biomass-solar-projects-152259, reported, "Nine tribes will receive a total of more than $7 million from the U.S. Department of Energy (DOE) for clean-energy projects, the agency announced on November 14 [at the White House tribal conference]. The Coeur d'Alene Tribe in Idaho, the Gwichyaa Zhee Gwich’in Tribal Government in Fort Yukon, Alaska, the Forest County Potawatomi Community in Milwaukee, Menominee Tribal Enterprises in Wisconsin, the Seneca Nation of Indians in Irving, New York, the Southern Ute Indian Tribe Growth Fund in Ignacio, Colorado, the Tonto Apache Tribe of Payson, Arizona, the White Earth Reservation Tribal Council in Minnesota and the Winnebago Tribe of Nebraska will use their respective funds to develop a variety of alternative energy sources involving wind, biomass and solar power. Moniz said the DOE intends to continue and expand on these efforts. “From community solar projects in New Mexico and Colorado, to the commercial scale wind projects in Maine, small biomass projects in Wisconsin, DOE is working with 20 tribes and Alaskan Native villages to empower leaders with tools and resources needed to lead energy development that can foster self-sufficiency, sustainability, and economic growth,” he told the tribal leaders at the conference. “At the Department of Energy I have certainly made it a priority to raise our game with state, local governments, tribes. We believe, in the end, a national policy needs to build from tribal, state, local, and regional policies and activity.”
Federal Emergency Management Agency (FEMA) Administrator Fugate released the Agency's draft Tribal Consultation Policy, October 28, 2013, in a Dear Tribal Leader Letter, with comments requested by March 3, 2014. A copy of the draft policy is available at:http:/ /www.fema.gov/media-library-data/1383225335115- 4e575cfa26562d1575b. The purpose of the policy is to establish a process to guide FEMA officials on how to engage Indian tribes and Tribal Officials in regular and meaningful consultation and collaboration on actions that have tribal implications. There are four phases of the consultation process that are detailed in this policy: • Identification of whom to consult and what type of consultation to conduct • Notification to tribal officials of the consultation • Input from tribal officials and documentation of comments • Follow-up by FEMA on the input received. Concerning when Consultation Should Occur: For instances when consultation is not already required by law the draft policy states that "(1) FEMA may identify an action that might be appropriate for consultation; or (2) an Indian tribe or Tribal Official may make a request to FEMA to consider an action appropriate for consultation" and "Agency officials are to initiate consultation on actions with tribal implications and are to do so early enough in the decision-making process to allow tribes the opportunity to provide meaningful input and to give FEMA the opportunity to consider the input." Concerning definitions: The draft policy defines "tribal implication" and "substantial direct effect" as follows: "A 'tribal implication' occurs when the action has a substantial direct effect on: (1) one or more Indian tribes; (2) the relationship between the Federal government and Indian tribes; or (3) on the distribution of power and responsibilities between the Federal Government and Indian tribes." "The term 'substantial direct effect' generally refers to an effect or impact on an Indian tribe(s), either beneficial or adverse, that is directly caused by the FEMA action and that is significant in size or amount when compared to the effect or impact on non-tribal stakeholders." In instances an action would affect tribes but is not a substantial direct effect the draft policy explains that "the Senior Agency Officials and Tribal Consultation Coordinators should include tribes in the outreach normally conducted with other stakeholders affected by the action, such as States and local governments, emergency managers, or members of the public." Since the enactment of PL 113-2 on January 29, 2013, which amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act to recognize the authority of tribal governments to directly petition the President for a declaration of an emergency or major disaster , tribes are more directly affected by FEMA's actions. In light of these changes, this tribal consultation policy takes on an even greater importance (“FEMA Draft Tribal Consultation Policy Released; Comments Requested,” Hobbs-Straus General Memorandum 13-099, November 1, 2013, http://www.hobbsstraus.com/general-memorandum-13-099).
The Federal Emergency Management Agency (FEMA) announced, in a November 1, 2013 Federal Register notice, the availability of $288 million in firefighter assistance grants for FY 2013. Tribes, tribal 83 organizations, Alaska Native villages, and Alaska Native Regional Corporations are among the eligible applicants. Applications were due by December 6, 2013. The Assistance to Firefighters Grant (AFG) Program makes grants directly to fire departments, non-affiliated emergency medical services (EMS) organizations and state fire training academies for the purpose of enhancing the abilities of first responders to protect the health and safety of the public as well as that of first responder personnel facing fire and fire related hazards. Categories of Funding. Funding is provided under two categories: Operations and Safety Funding Priorities and Vehicles Acquisition. Further Information. Further information may be found at www.fema.gov/firegrants which provides a schedule of webinars and information on preparing quality applications ("FEMA Accepting Applications for Firefighter Assistance Grant Program; Tribes Eligible," Hobbs Straus General Memorandum 13-105, November 22, 2013, http://hobbsstraus.com/general-memorandum-13-105)
The Advisory Council on Historic Preservation (ACHP) issued a guidance document on the intersection of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration) and the review process under section 106 of the National Historic Preservation Act (NHPA), November 22, 2013. On March 1, 2013, the ACHP adopted a plan to support the Declaration, and the new guidance document is a step in carrying out that plan. In the plan, the ACHP committed itself to raising awareness about the Declaration in the historic preservation community and incorporating the principles and aspirations of the Declaration into ACHP initiatives and programs. The new guidance document, the plan, the Declaration, and related documents are all available on the ACHP website at: http://www.achp.gov/UNdeclaration.html. Section 106 of the NHPA requires federal agencies to take into account the effects of their undertakings on historic properties, and afford the ACHP an opportunity to comment. The Declaration contains 46 Articles. The ACHP has identified nine Articles that intersect with the mission and work of the ACHP and with the section 106 process: Articles 8, 11, 12, 15, 16, 18, 25, 31, and 38. The new guidance document addresses the relationship between Article 18 and the requirements of the section 106 process for consultation with Indian tribes and Native Hawaiian organizations (NHOs). The ACHP plans to address the other Articles in future guidance documents. Article 18 provides: Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. Section 101(d)(6) of the NHPA and the regulations implementing the section 106 process require federal agencies to consult with any tribe or NHO that attaches religious and cultural significance to a historic property that would be affected by a proposed federal undertaking. The guidance document notes that the scope of the section 106 process is in one sense narrower – it is limited to the impacts of proposed federal undertakings on historic properties – and in another sense broader than Article 18 – the consultation requirement applies regardless of whether a tribe or NHO holds any rights in such properties. Regardless of this difference in scope, the guidance document states that section 106 is consistent with the thrust of Article 18. In addition, unlike the Declaration, the section 106 process has the force of law ("AHCP Guidance on the Intersection of the U.N. Declaration on the Rights of Indigenous Peoples and the Section 106 Process," Hobbs-Straus General Memorandum 13-108, December 6, 2013, http://hobbsstraus.com/general-memorandum-13-108).
The 1964 Columbia River Treaty between the United States and Canada for power production and flood control for both countries is under consideration for revision, which requires a 10-year written notice for changes to take effect. Work has been underway for three years, with the U.S. Entity led by Bonneville Power Administration (BPA) and the U.S. Army Corps of Engineers, and with a Sovereign Review Team (SRT) that includes four northwest states, 15 tribes, and 11 federal agencies. The aim is to have changes included in the year 2024, which means having them finalized and agreed upon in 2014 Jack McNeel, “Water Power: 15 Tribes Have a Say in Modernizing the Columbia River Treaty,” ICTMN, July 25, 2013, http://indiancountrytodaymedianetwork.com/2013/07/25/modernizing-columbia-river-treaty-15-tribes-have-say- 150558).
The National Indian Gaming Commission (NIGC) passed several regulations. Published in the Federal Register /Vol. 78, No. 207 / Friday, October 25, 2013 /Rules and Regulations 63873, DEPARTMENT OF THE
84 INTERIOR, National Indian Gaming Commission, 25 CFR Part 543, RIN 3141–AA27, was the Final rule that amends its minimum internal control standards for Class II gaming under the Indian Gaming Regulatory Act to add standards for kiosks. "Effective November 25, 2013, The rule added a new part to the Commission’s regulations establishing Minimum Internal Control Standards (MICS) to reduce the risk of loss because of customer or employee access to cash and cash equivalents within a casino. The rule contains standards and procedures that govern cash handling, documentation, game integrity, auditing, surveillance, and variances, as well as other areas. The complete text is available at: http://www.gpo.gov/fdsys/pkg/FR-2013-10-25/pdf/2013- 23977.pdf. On April 2, 2013 - The National Indian Gaming Commission published the final rule in the Federal Register, that became effective on Sept. 1, 2013, for the self-regulation of class II gaming by Indian Tribes. “This final rule is designed to more clearly define and streamline the self-regulation certification process for Tribes who wish to pursue Class II self-regulation." The complete test is available at: http://www.nigc.gov/LinkClick.aspx?fileticket=t-KXoMaMy18%3d&tabid=36&mid=345. The National Indian Gaming Commission Policy on Consultation with Indian Tribes, finalized in July, is available at: http://www.nigc.gov/LinkClick.aspx?fileticket=rZXwUaecejk%3d&tabid=36&mid=345.
Federal Indian Budgets
Impact of Government Shutdown (and some on Sequestration of Federal Funds) on Indian Nations and People
The impact of the U.S. government shutdown had varied with different tribes. Dan Frosch, “Pulling Aid Away, Shutdown Deepens Indians’ Distress," The New York Times, reported that on the Crow reservation in Montana, as elsewhere, many rely on lease payments from the Bureau of Indian Affairs on land owned by their families, but with the partial shutdown of the federal government, which began on Oct. 1, 2013, they did not received their checks, until the shutdown ended. For many this was an extreme hardship, which would have been most serious if the shut downs had lasted longer. Moreover, "Some 364 Crow members, more than a third of the tribe’s work force, have been furloughed. A bus service, the only way some Crow are able to travel across their 2.3-million-acre reservation, has been shuttered. A home health care program for sick tribal members has been suspended. Though the tribe has enough money to keep a skeleton government operating for now, it is running out." "The Bureau of Indian Affairs, which provides a vast sweep of services for more than 1.7 million American Indians and Alaska Natives, has kept essential programs, like federal police and firefighting services, running. But it has stopped financing tribal governments and the patchwork of programs and grants that form the thin blanket of support for reservations racked by poverty and other ills." Many nations, such as The Yurok tribe in Northern California, rely almost entirely on federal financing to operate. "Its reservation, which spans parts of Humboldt and Del Norte Counties, already has an 80 percent unemployment rate, said Susan Masten, the tribal vice chairwoman. With money suddenly unavailable, the tribe has furloughed 60 of its 310 employees, closed its child-care center and halted emergency financial assistance for low-income and older members." Financing for the environmental program that ensures clean drinking water on the reservation was running low, and would have run out if the shut down had lasted much longer, which would also have brought a second round of furloughs that could have included tribal police officers. The situation was more serious on the Red Lake Band of Chippewa Indians reservation in northern Minnesota, all nonemergency medical procedures were placed on hold, but the nation was able to budget enough funding to keep the most critical services running until the end of the month, and the shutdown ended before that. For many nations the shut down was made more difficult by the federal budget sequestration, that imposed 5% percent cuts to the Bureau of Indian Affairs and the Indian Health Service, as well as programs from other agencies, which had already caused the Sault Tribe of Chippewa Indians in Michigan to shut down its H.I.V. prevention program and furlough employees in its Head Start program for a month. The shutdown forced the Sault Tribe to shift casino revenue from other programs to keep its government operating. Assistant secretary for Indian affairs, Kevin Washburn, noted that the shutdown could have long- term effects for tribes and their members. For example, financial deals and economic programs were suspended for the duration, while. environmental reviews of tribal projects were be delayed. Moreover, the
85 impact on the thousands of Bureau of Indian Affairs employees who were furloughed was compounded because many support poor relatives. By contrast, Bryan Daffron, “Oklahoma Tribes Weathering the Shutdown,” ICTMN, October 11, 2013, http://indiancountrytodaymedianetwork.com/2013/10/11/oklahoma- tribes-weathering-shutdown-151713, reported that while in the Southwest Oklahoma town of Anadarko, Oklahoma, one of the largest employers is the federal government, that shut down most of its operations during the shutdown, the essential services remained operating, including the BIA Police, part of the Indian Health and Riverside Indian School—a federal boarding school that is part of the Bureau of Indian Education— because Riverside’s federal funding was allocated on an annual basis, from July to July of the following year. In general, "Tribal governments in Oklahoma are faring better than expected at press time. For some tribes, it is due in part from gaming and other diversified interests. For others, it is due to grant monies and other funding from established “draw-downs” already in place." For example, the Cherokee Nation continued to operate its programs and businesses, and could have done so for some time, even if the shutdown had lasted longer. Similarly, the Muscogee Creek Nation was able to implement measures against a federal shutdown that were in place against that possibility which could have kept programs running for at least 30 days. Similarly, the Apache Tribe of Oklahoma was able to keep its programs running through the relatively short shutdown, using other tribal revenues. Also able to keep programs operating were the Cheyenne-Arapaho Tribes, and the Caddo Nation, among other Oklahoma tribes. Further north, “Shoshone-Bannock Takes Preemptive Approach to Government Shutdown,” ICTMN, October 4, 2013, http://indiancountrytodaymedianetwork.com/2013/10/04/shoshone-bannock-takes- preemptive-approach-government-shutdown-151602, reported that the Shoshone-Bannock Tribes of the Fort Hall Reservation in Idaho were also able to shift other funding in preparation for the government shutdown that kept their programs operating during its short duration, but would not have been sufficient to continue doing that for a much longer period. The relatively well off Southern Utes of Colorado also had sufficient revenue from tribal businesses to keep services going through the short recession, while the shutdown delayed several projects requiring federal involvement, including damage to forest roads forced to close by recent extraordinarily heavy rains (Ace Stryker, "Does a federal shutdown matter to the tribe?" Southern Ute Drum, October 4, 2013). Similarly, the Navajo Times reported that Navajo Nation was able to keep programs functioning during the shutdown by using tribal funds. Prior to the Shutdown, the White House held a conference call with tribal governments to discuss the possible impacts a shutdown would have on tribal programs. It indicated that while the federal government would have to stop funding many Indian programs, essential services would continue. For example, the Indian Health Services continued direct service programs, while the BIA, Bureau of Indian Education, and Health and Human Services (IHS) posted contingency plans for some operations. On the other hand, the Bureau of Indian Affairs (BIA) shut down public safety, and child protection among other services.
As of July, the Pine Ridge Reservation in South Dakota was feeling the impact of the 5% sequester of U.S. government funding. With the police force facing a 14% cumulative budget reduction, it had let 14 officers go, and was unable to keep up needed maintenance on its nine police cars, while the North Dakota U.S. Attorney warned that recent gains in increased federal law enforcement support and prosecution in Indian country were likely to be lost as a result of rollbacks from the sequester. With housing on the Pine ridge Reservation far from sufficient in quantity, and much of it in very bad condition, the housing improvement program with a 1500 person waiting list was forced to shut down ("Abandoning Indian Country," The New York Times, July 24, 2013).
2014 Budget Activity
Representatives Don Young (R-AK) and Ben Ray Lujan (D-NM) introduced HR 3229, October 1, 2013, legislation that would authorize advance appropriations for the Indian Health Service (IHS). The goal is for the IHS and tribal health care providers to have adequate advance notice of the amount of federal appropriations to expect and thus not be subjected to the uncertainties of late funding and short-term Continuing Resolutions (CRs). HR 3229 was referred to the Committees on Budget; Energy and Commerce; 86 and Natural Resources. The current partial government shutdown due to Congressional inability to enact any fiscal year (FY) 2014 appropriations certainly highlights this precarious budget situation. If IHS was receiving funding on an advance appropriations schedule, its FY 2014 appropriations would have been enacted as part of a FY 2013 appropriations act and the IHS and tribal health care providers would not be faced with being in a new fiscal year with no knowledge of what amount of funding to expect. Instead, the IHS (and other agencies) has had to furlough some employees and have others working on a currently unpaid status. Tribal health care providers are similarly affected. Advance appropriations are enacted a year before the funds become available, thus allowing the federal agency knowledge of its funding level a year in advance. Fortunately the advance appropriations process does not put additional pressure on the appropriations subcommittees' allocations. For instance, if FY 2015 IHS advance appropriations were included in the FY 2014 Interior, Environment, and Related Agencies Appropriations Act, those advance appropriations would not be counted against the FY 2014 Interior Appropriations Subcommittee allocation but rather would be counted against its FY 2015 allocation. For the first year of advance appropriations Congress would enact two years of IHS funds, and thereafter revert to appropriations one year at a time. Veterans organizations advocated for years for Congress to provide the Veterans Administration (VA) with advance appropriations, noting that chronically late funding negatively affected their ability to properly plan and manage its resources, including recruitment and retention of medical personnel. In 2009 Congress responded by authorizing advance appropriations for the VA medical accounts. Like the VA, the IHS and tribal organizations provide direct, federally-funded health care services to a specific population; the Young/Lujan bill would bring parity to the IHS with regard to the federal appropriations process. Enactment of legislation authorizing advance appropriations is the first step in actually realizing such funding. The Budget Resolution, while not having the effect of law, lists particular programs which may have advance appropriations. In order for IHS advance appropriations to not be subject to a point of order, one would want the IHS Services and the IHS Facilities accounts included on that list in the Budget Resolution. Finally, the Interior, Environment, and Related Agencies Appropriations bill needs to provide the advance appropriations. Hobbs-Straus has been working with the Maniilaq Association on the issue of IHS advance appropriations, and the effort has expanded to consist of a coalition of national Indian organizations including the National Indian Health Board, National Congress of American Indians, and the United South and Eastern Tribes. The on-line version of this memorandum has attach the text of HR 3229 as well as a Dear Colleague letter from Representatives Young and Lujan soliciting co- sponsors to the (“Indian Health Service Advance Appropriations Bill Introduced in the House, ”Hobbs-Straus GENERAL MEMORANDUM 13-088, October 10, 2013, http://www.hobbsstraus.com/general-memorandum-13- 088).
Senators Murkowski (R-AK); Begich (D-AK); Udall (D-NM); and Schatz (D-HI) introduced S 1570, October 10, 2013, legislation that would authorize advance appropriations for the Indian Health Service (IHS). The goal is for the IHS and tribal health care providers to have adequate advance notice of the amount of federal appropriations to expect and thus not be subjected to the uncertainties of late funding and short-term Continuing Resolutions (CRs). S 1570 is the companion bill to HR 3229 which was introduced on October 1 by Representatives Young (R-AK) and Lujan (D-NM). S 1570 was referred to the Committee on Indian Affairs. The ongoing partial government shutdown due to Congressional inability to enact fiscal year (FY) 2014 appropriations certainly highlights this precarious budget situation. If IHS was receiving funding on an advance appropriations schedule in the manner that the Veterans Administration (VA) medical accounts do, its FY 2014 appropriations would have been enacted as part of a FY 2013 appropriations act and the IHS and tribal health care providers would not be faced with being in a new fiscal year with no knowledge of what amount of funding to expect. Instead, the IHS has had to furlough some employees and have others working on a currently unpaid status. Tribal health care providers are similarly affected. Like the VA, the IHS and tribal organizations provide direct, federally-funded health care services to a specific population; HR 3229/S1570 would bring parity to the IHS with regard to the federal appropriations process. Hobbs-Straus has been working with the Maniilaq Association on the issue of IHS advance appropriations, and the effort has expanded to consist of a coalition of national Indian organizations including the National Indian Health Board, National Congress of American Indians, and the United South and Eastern Tribes (“Indian Health Service Advance Appropriations Bill Introduced in the Senate,” Hobbs- Straus General Memorandum 13-091, October 11, 2013, http://www.hobbsstraus.com/general-memorandum-13-
87 091).
In the Courts
Lower Federal Courts
The Ninth Circuit Court of Appeals held in Los Coyotes Band v. Jewel, September 4, 2013, that the Los Coyotes Band of Cahuilla and Cupeño Indians had no claim against the government based on the Bureau of Indian Affairs (BIA) rejection of the Tribe's request to contract law enforcement services. In short, the Court determined that since the BIA did not carry out or fund a law enforcement program for the Tribe—given that California is a Public Law (PL) 280 state—there was no currently existing program conducted by the BIA that the Tribe may take over under the Indian Self Determination and Education Assistance Act (ISDEAA). Furthermore, the ISDEAA cannot be used to force the BIA to create and fund a new law enforcement program on the Tribe’s reservation. Under these circumstances, the Court held that the BIA properly declined the Tribe’s proposal on the ground that "the amount of funds proposed under the contract is in excess of the applicable funding level under 25 U.S.C. 450f(a)(2)(D)." The Court also rejected the Tribe's claims that: (1) the BIA allocation system was arbitrary and capricious under the Administrative Procedures Act (APA) and (2) violated equal protection. In this case, the Tribe asked the BIA to fund an ISDEAA contract for law enforcement services, as the State of California and the County of San Diego had failed to adequately protect tribal citizens. The BIA denied the request pursuant to Section 450f(a)(2)(D) of ISDEAA because the amount of funds proposed under the contract exceeded the funding level for the contract, as determined under Section 450j-1(a). The BIA explained that since it "generally does not allocate funds for direct law enforcement services to tribes in PL 280 states," its funding for Los Coyotes was zero. The Court relied on Section 450j-1(a)(1) of the ISDEAA to uphold the BIA’s funding decision. That Section provides that the "amount of funds provided under the terms of self-determination contracts . . . shall not be less than the appropriate Secretary would have otherwise provided for the operation of the programs or portions thereof for the period covered by the contract . . ." The Court interpreted this language to only require the Secretary to fund the proposed contract with the amount that the BIA would have otherwise spent on the program—in this case, zero dollars. The Court also rejected the Tribe’s argument that the BIA’s failure to fund law enforcement on the Tribe’s reservation was arbitrary and capricious and thus violated the APA. The Court held that this argument was foreclosed by the Supreme Court's decision in Lincoln v. Vigil, 508 U.S. 182 (1993), which prevented APA review of such discretionary allocations. Since the BIA received lump sum appropriations for law enforcement services, the Court held that the BIA was free to decide how to allocate those funds and it was up to the Tribe to show a "specific appropriation" for law enforcement on its reservation, or some language that deprived the BIA of discretion to allocate the funds. Since the Tribe had shown neither, the BIA was free to allocate the funds as it deemed necessary. The Ninth Circuit's opinion overturns the district court's decision that held the BIA could not discriminate against tribes in allocating and contracting law enforcement funding based on their location in states covered by PL 280. The Ninth Circuit rejected this holding and expanded the federal government's discretion to reject applications for ISDEAA contracts if the federal government is not currently funding the requested program covered by the contract at a particular tribe. The Court's reasoning sidesteps the fact that there is a contractible program at the BIA for law enforcement services and instead holds that the determinative factor is whether there is funding for a particular law enforcement program at a particular tribe. If not, then the government has no obligation to reallocate funds so that it can contract for those services with a tribe not already funded. This holding undermines the ISDEAA's goal of reducing "federal domination of Indian service programs," 25 U.S.C. §§ 450(a)(1), by allowing the BIA to limit programs, such as the provision of law enforcement services, on a tribe-by-tribe basis, based on previous discretionary allocations of program funding. While this holding precludes use of the ISDEAA to force the BIA to create and fund a program which a tribe or tribal organization may then contract to carry out, the holding is likely to be limited to that particular context. The holding does not preclude tribes or tribal organizations from contracting programs, functions, services, and activities (PFSAs) which the BIA already carries out directly at a particular funding level. Subsection 450j-1(a)(1) mandates that the BIA fund an initial contract at not less than the BIA would otherwise have provided for operating the PFSA directly. However, a contracting tribe or tribal organization may renegotiate contract funding
88 for subsequent years to reflect changed circumstances and factors, including, but not limited to, cost increases beyond the control of the tribal organization under Subsections 450j-1(b)(5) and 450j(c)2 of the ISDEAA. The Court did note that tribes had "broad discretion to administer a variety of programs," including law enforcement, under self-governance compacts that provide tribes with single funding agreements. (Opinion at 11 n.3.) In addition, the Court notes that the Tribal Law and Order Act affords tribes the ability to petition the Attorney General to reassume concurrent criminal jurisdiction over their lands. However, the lack of funding for programs in the Tribal Law and Order Act makes this an empty option for many tribes. The Court took great pains to acknowledge the problems with crime and policing in Indian Country, repeatedly citing the statistics showing the prevalence of violence and lawlessness due to jurisdictional and funding problems. Yet, the Court refused to hold that the ISDEAA or the APA can be used to hold the government accountable for its failure to help remedy these problems by ruling against the Tribe. "If the question is whether the BIA should have spent money on law enforcement on the reservation, it is simply not our role to answer," claimed the Court, noting they doubt funding is adequate. The Los Coyotes Band may now petition for a rehearing of this case, an en banc hearing by a larger panel of Ninth Circuit judges, or petition the U.S. Supreme Court for review. None of these options appear likely to succeed, but we will continue to monitor this case and others related to this issue (such as Hopland Band v. Salazar, which was stayed in the Northern District Court of California pending this decision). Please see Hobbs- Straus General Memorandum 11-128 (November 4, 2011) for a report on the lower court's decision (“Ninth Circuit Denies Los Coyotes Band's Self-Determination Act Claim for Law Enforcement Funds,” Hobbs Straus General Memorandum 13-078, September 9, 2013, http://www.hobbsstraus.com/general-memorandum-13-078).
The U.S. Court of Appeals for the Fifth Circuit, October 3, 2013, issued a decision, favorable to tribes, which affirmed tribal court jurisdiction over a non-Indian corporation for purposes of a civil tort action, in Dolgencorp, Inc. v. Mississippi Band of Choctaw Indians, No. 12-60668. The case involved a claim brought by a minor tribal member against Dolgencorp, Inc. and one of Dolgencorp's employees – both non-Indian – in tribal court. Dolgencorp operates a general store on the Mississippi Choctaw Reservation under a lease and business license from the Tribe, on land held in trust for the Tribe by the United States. The minor had been placed for an unpaid internship in the store after Dolgencorp agreed to participate in the Tribe's job training program for youth. The tort claim alleged that the employee molested the minor tribal member and that Dolgencorp had been negligent in hiring, training, or supervising the employee. Dolgencorp and the employee sought dismissal of the action in tribal court on the basis that the court lacked jurisdiction over them. The tribal court held that it had jurisdiction, and Dolgencorp then filed suit in federal district court seeking to stop the tribal court proceedings. When the district court denied Dolgencorp's motions to enjoin the tribal court, Dolgencorp appealed to the Fifth Circuit. A three-judge panel affirmed, with one dissenting opinion. The Fifth Circuit majority opinion is notable for its interpretation and application of Supreme Court precedent on tribal civil jurisdiction over non- Indians, in particular the important case of Montana v. United States (1981). In that case, the Supreme Court significantly curtailed tribal civil regulatory jurisdiction over non-Indians, ruling that, at least on non- Indian fee lands, tribes generally lack inherent regulatory authority over non-Indians. However, the Supreme Court recognized two exceptions: first, the Court held that a tribe may exercise regulatory jurisdiction over non-Indians "who enter into consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements." Second, the Court held that tribal regulatory jurisdiction also extends to non-members when their conduct "threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe." In the years since Montana was decided, the Supreme Court and other courts have tended to apply the Montana rule precluding jurisdiction broadly, and to construe its two exceptions narrowly. In this case, both the district court and the Fifth Circuit held that the tribal court had jurisdiction to hear the tort claim under the first Montana exception, since the non-Indian corporation had willingly participated in the Tribe's job training program. The Fifth Circuit majority also found, as required by Montana, that there was a sufficient connection between the minor's tort claims and the consensual relationship to justify tribal court jurisdiction to hear the tort claims. The opinion stated: "In essence, a tribe that has agreed to place a minor tribal member as an unpaid intern in a business located on tribal land on a reservation is attempting to regulate the safety of the child's workplace. … The fact that the regulation takes the form of a tort duty that may be vindicated by individual tribe members in tribal court makes no
89 difference." The majority rejected the dissent's main argument that Supreme Court precedent requires that the consensual relationship specifically "implicate tribal governance and internal relations." The dissent pointed to language from the Montana opinion itself, stating that tribes do not retain the right to "exercise … tribal power beyond what is necessary to protect tribal self-government or to control internal relations … " and from language in a subsequent Supreme Court decision, Plains Commerce Bank v. Long Family Land & Cattle Co. (2008). Significantly, the majority disagreed and instead adopted the district court's holding that, "under Montana, 'disputes arising from member-nonmember or tribe-nonmember consensual relationships are deemed as a matter of law to impact tribal rights of self-government sufficient to permit the exercise of tribal court jurisdiction to adjudicate such disputes.' " The majority opinion also disagreed with the dissent's view that tribal court jurisdiction over non- Indians is not necessarily permitted under the Montana exceptions, since the Montana opinion involved tribal regulatory authority, not tribal court jurisdiction. Rather, the majority held that, if the Tribe could exercise regulatory jurisdiction over the non-member corporation under Montana, the tribal court could also exercise civil jurisdiction to hear tort claims for the same activity. Though the dissent was concerned that non-Indian parties might not have access to tribal tort law (which may rely on tribal custom), the majority opinion found that, in this particular case, Dolgencorp could have easily anticipated that the conduct alleged (molestation of a child) would be actionable under tribal law (“Fifth Circuit Upholds Tribal Court Jurisdiction Over Non-Indian Corporation for Civil Tort Claim,” Hobbs-Straus General Memorandum 13-090, October 11, 2013, http://www.hobbsstraus.com/general-memorandum-13-090).
A Three judge panel of the Second Circuit Court of Appeals, July 15 2013 reversed a Massachusetts federal district court decision that said states and their subdivisions cannot tax property on Indian land regardless of who owns it, in ruling that state and local governments can collect taxes on slot machines leased from non-tribal businesses by the Mashantucket Pequot Tribal Nation’s (MPTN). The Pequots filed an appeal August 21, supported on August 28 by an amici curiae by the he Seminole Tribe of Florida, the Coquille Indian Tribe of Oregon and the Confederated Tribes of the Umatilla Indian Reservation (Gale Courey Toensing, “Five Tribes Join Mashantucket Appeal of Critical Tax Ruling,” ICTMN, September 12, 2013, http://indiancountrytodaymedianetwork.com/2013/09/12/five-tribes-join-mashantucket-appeal-critical-tax-ruling- 151243).
The United States Court of Appeals for the Seventh Circuit issued its decision in Oneida Tribe of Indians of Wisconsin v. Village of Hobart, October 18, 2013, a case in which the Tribe sought a declaratory judgment that the Village lacks authority to assess stormwater management fees on parcels of tribal trust lands. The Village filed a third-party claim against the United States, asserting that if the Village cannot collect the fees from the Tribe, then the Unites States, as holder of the underlying fee title to the tribal trust lands, must pay the fees. The Seventh Circuit held that the Clean Water Act (CWA) does not authorize a state or a subdivision of a state to regulate stormwater runoff on trust lands within an Indian reservation. The court also held, in the alternative, that the fee the Village sought to collect was in fact a tax rather than a service charge, and federal law expressly forbids a state or its subdivisions from taxing Indian trust land. See, e.g., 25 U.S.C. § 465. The court also ruled against the Village in its claim against the United States. Hobart is a town of about 7,000 residents, within the boundaries of the Oneida Indian reservation. About 17 percent of Village residents are members of the Oneida Tribe. The trust land at issue comprises some 1400 acres, about 6.6 percent of the land within the village. The trust parcels are scattered throughout the village. Stormwater runoff is a serious environmental problem. Pursuant to amendments to the CWA enacted in 1987, discharges from municipal separate storm sewer systems (MS4s) are required to obtain and comply with permits issued through the National Pollutant Discharge Elimination System (NPDES) pursuant to CWA section 402. The NPDES permit program is operated by the Environmental Protection Agency (EPA) in the first instance, but can be delegated to states and to those tribes that have been authorized to be treated like states. Wisconsin has been delegated authority to administer the NPDES permit program, but the delegation does not include Indian lands. So, the Village had applied to EPA for a permit for its MS4. Regulations issued by EPA govern discharges from MS4s, including those of "small" municipalities – those with a population of less than 100,000 – for which an NPDES permit need only cover the "urbanized area." For purposes of this program, tribes are included in the CWA definition of municipality. The
90 Tribe had applied to EPA for a permit to cover the trust lands at issue. The federal CWA program does not specifically provide for a mechanism for funding MS4s, but many states have enacted laws authorizing municipalities to establish stormwater utilities, and such a utility typically has authority to assess fees on properties within its jurisdiction to support construction and operation of an MS4. The Village of Hobart had established such a stormwater utility. The Village's claim against the United States was based on section 313 of the CWA, which provides that the departments, agencies, and instrumentalities of each of the three branches of the federal government "shall be subject to, and comply with, all Federal, State, interstate, and local requirements … to the same extent as any nongovernmental entity including the payment of reasonable service charges." 33 U.S.C. § 1323. This section was first enacted in 1972. It has been the subject of litigation, including a Supreme Court decision that it does not require federal agencies to obtain state permits. EPA v. California, 426 U.S. 200 (1976). An amendment enacted in 1977 clarified that federal facilities are required to obtain state permits. An amendment enacted in 2011 added a new subsection (c) providing that "reasonable service charges" may include a "nondiscriminatory fee, charge, or assessment" associated with a stormwater management program. In its complaint in federal district court, the Tribe had argued that the charge the Village seeks to collect from the Tribe is in fact a tax on trust land, which is specifically barred by federal law. In the alternative, the Tribe had argued that, if the Village's ordinance is a regulation rather than a tax, it is preempted by operation of federal law, which broadly preempts state or local regulatory authority over tribal lands. The district court rendered summary judgment for the Tribe on the tax argument and did not reach the preemption argument. It also dismissed the claim against the United States. The Seventh Circuit found the Village's ordinance preempted, stating as a fact the proposition that tribal trust land is "for the most part not subject to state jurisdiction" and citing COHEN'S Handbook of Federal Indian Law for the proposition that "Federal preemption of state law in the field of Indian affairs has persisted as a major doctrine in the Supreme Court's modern Indian law jurisprudence." The court then framed the question as whether the federal government has authorized the Village to assess the fees on the trust lands at issue; found that the only premise the Village had advanced for such authority was CWA section 313; and rejected it, reasoning that, under the CWA, it is EPA that has regulatory authority over Indian trust lands. On the alternative ground that the fee at issue is a tax and not a service charge, the court reasoned that it is a tax because it is designed to raise revenue to pay for a project, not to compensate the local government for a service provided to particular landowners (“Seventh Circuit Rules that the Clean Water Act Does Not Authorize a Municipality to Charge an Indian Tribe Fees to Control Stormwater Runoff from Trust Lands,” Hobbs-Straus General Memorandum 13-100, November 1, 2013, http://www.hobbsstraus.com/general-memorandum-13-100).
Carsten v. Inter-Tribal Council of Nevada arose out of a claim against the Inter-Tribal Council of Nevada (ITCN) by an employee who alleged that the ITCN violated the Family and Medical Leave Act (FMLA) by denying her request for time off due to a serious medical issue and thereafter terminating her employment. The United States District Court for the District of Nevada declined to address the FMLA issue and held that because the ITCN was entitled to sovereign immunity, the Court lacked subject matter jurisdiction over the case. The ITCN is a non-profit organization made up of 26 federally recognized Nevada tribes, and it is governed by an executive board composed of tribal leaders from each of the 26 tribes. The ITCN manages several federal and state funded programs on behalf of the member tribes, including the program for which the plaintiff worked. The plaintiff alleged in her complaint that she had a serious medical condition that made her eligible for time off under the FMLA. She requested leave from the ITCN's personnel director, but her request was ultimately denied by the ITCN's executive director. The ITCN argued that the plaintiff could not sue the ITCN because her suit was barred by sovereign immunity, and the Nevada District Court agreed with ITCN. In so holding, the Court relied in part on Pink v. Modoc Indian Health Project, 157 F.3d 1185, 1188 (9th Cir. 1998), in which the Ninth Circuit Court of Appeals held that a non-profit inter-tribal entity, operating off-reservation, served as an arm of its member tribes. The Court determined that the ITCN was similarly an arm of its member tribes and entitled to sovereign immunity. The Court also found that the other two defendants -- who were council members of the ITCN, sued in their official capacity and within the scope of their authority -- were entitled to immunity from suit as well. The Court did not reach the issue of whether the FMLA applies to the ITCN or, for that matter, to Indian tribes generally, nor was it confronted with the facts necessary to consider the application of the FMLA if enforcement were sought by the federal government (“District Court Declines to Address Individual
91 FMLA Claim against Inter-Tribal Council, Dismisses Case on Sovereign Immunity Grounds,” Hobbs-Straus General Memorandum 13-081, September 20, 2013, http://www.hobbsstraus.com/general-memorandum-13-081).
Judge Lawrence Kahn of the Federal District Court for the Northern District of New York issued an important ruling, July 8, 2013, allowing critical portions of the St. Regis Mohawk Tribe’s land claim to move forward. This ruling is the latest in a case between the St. Regis Mohawk, the State of New York, county and municipal governments, the United States, and other parties that has been going for more than three decades. The case, Canadian St. Regis Band of Mohawk Indians, et al., v. State of New York (No. 5:82-CV-0783), involves an ancestral land claim brought by the St. Regis Mohawk Tribe for lands the State of New York had unlawfully taken from the Tribe in the early 1800s. The claim asserts that the State of New York violated the Indian Trade and Intercourse Act, 25 U.S.C. § 177, when the State purchased land from the Tribe without federal ratification. The Tribe seeks return of some 14,000 acres of land. The Defendants in the case had asked the court to dismiss all of the Tribe’s claims based on the legal defense of "laches" as applied in City of Sherrill v. Oneida Indian Nation of N.Y. and similar Second Circuit land claims cases. This defense allows a court to dismiss claims if a tribe has waited "too long" to bring a claim about a historical injustice and if the "long-delayed" claims would disrupt the "justifiable" expectations of landowners and entities on the land today. Sherrill and its progeny have been roundly criticized for ignoring the reality of tribal land claims, and for improperly applying the equitable doctrine of laches in a legal claim, but have nevertheless quickly taken hold in “ancient” Indian land claims cases. Importantly, in the July 8 decision, Judge Kahn held that even though the Second Circuit has expansively applied the Sherrill laches defense to block Indian land claims in recent cases, the doctrine is not a "bright-line rule that forecloses any possibility of a successful ‘ancient’ Indian land claim." He concluded that to find otherwise would be to "prescribe a broader and disturbingly anti- democratic" meaning to the laches defense. The court noted that the Sherrill laches defense involves three distinct factors: passage of time, the disruptive nature of the claims, and the potential of the claims to upset justifiable expectations of individuals and entities currently occupying the land. The court’s ruling confirms that all of these factors must be considered on a case-by-case basis in any Indian land claim, and that the passage of a long period of time between dispossession of land and the commencement of a claim is not a dispositive factor or automatic bar to those claims. In this case, the St. Regis Mohawk Tribe was able to show using census data that the population in the Hogansburg Triangle area of New York is over 75 percent Indian and clearly differs from that of the surrounding region, unlike the lands at issue in Sherrill, which the Supreme Court found had a "longstanding distinctly non-Indian character." Based on the St. Regis Mohawk Tribe’s population data, Judge Kahn found that the Defendants could have no "settled expectations" that would be upset by an ultimate judgment in the Tribe’s favor for that portion of the land claims – in other words, the third Sherrill factor did not apply. On that basis, the Court agreed with a Magistrate Judge’s recommendation to allow the Hogansburg Triangle claim to proceed. Though the District Court ruling did apply the Sherrill laches defense to the Tribe’s other claims, the ruling sets out important limits on the Sherrill defense for land claims over lands that are heavily populated by Indians—particularly those adjacent to reservations. The ruling confirms that the courts should not, in Judge Kahn’s words, take Sherrill and other recent land claims cases as a sign to "embrace and endorse a seemingly limitless version of laches that would stamp out even the most deserving of Indian land claims" (Federal Judge Allows Critical Portion of St. Regis Mohawk Tribe’s Land Claim to Proceed,” Hobbs-Straus General Memorandum 13-066, July 19, 2013, http://www.hobbsstraus.com/general-memorandum- 13-066).
The U.S. District Court for the Southern District of New York granted New York City’s request, September 9, 2013, for a preliminary injunction against Seneca Indian Nation-based tobacco wholesalers, Wolfpack Tobacco, Cloud and Company, Allegany Sales and Marketing, PM Delivery - and individuals employed by or associated with those companies regarding the sale and distribution of cigarettes from a place on the Seneca Indian Nation’s Alleghany Reservation to customers in New York City and elsewhere - that stops them from advertising, selling or shipping cigarettes without tax stamps or monthly reports of sales. The case involves allegations of violations of the Prevent All Cigarette Trafficking Act (PACT), the Cigarette Marketing Standards Act (CMSA), the Racketeer Influenced and Corrupt Organizations Act (RICO), and
92 the Contraband Cigarette Trafficking Act (CCTA) (Gale Courey Toensing, “Tough Tactics: NYC Wins Injunction Against Seneca Tobacco Wholesalers,” ICTMN, September 20, 2013, http://indiancountrytodaymedianetwork.com/2013/09/20/nyc-wins-injunction-against-seneca-based-tobacco- wholesalers-151353).
Although U.S. District Court Judge Karen Schreier dismissed the Native voting-rights lawsuit Brooks v. Gant, August 6, 2013, Oglala Sioux Tribe members who had sued South Dakota and Shannon County officials, seeking a satellite early-voting and registration office that would give them elections in their own county and equal to those other South Dakotans enjoy, the Native plaintiffs had achieved their objective, as at the beginning of the lawsuit, the state and county defendants promised to use federal Help America Vote Act (HAVA) money to give the 25 plaintiffs an early-voting satellite through 2018 (Stephanie Woodard, “'They Caved': Tribe Claims Win in SD Voting-Rights Suit,” ICTMN, August 13, 2013, http://indiancountrytodaymedianetwork.com/2013/08/13/sd-voting-rights-suit-dismissed-native-plaintiffs-targeted- costs-150851).
Richard Levy, Appointed by Judge Thomas F. Hogan as special master in the Cobell settlement payments, issued an amendment, July 16, allowing Individual money class account holders and trust administration class holders of the suit to file probate documents or state issued small estate affidavits directly to the BIA to expedite settlement (Alistair Lee Bitsoi, "Amendment makes it easier to process Cobell claims," Navajo Times, July 25, 2013).
The Standing Rock Sioux Tribe asked the federal government, September 17, 2013, to file suit against the state of South Dakota for crimes against tribal children, under the 1987 Proxmire Act, which enables the United States to prosecute acts of genocide, claiming that South Dakota has been taking its children into care and adopting them out of the tribe illegally, in violation of the Indian Child Welfare Act. The resolution was passed the day after a child-welfare advocate notified the council that a young tribal member whom the state’s Department of Social Services (DSS) had placed with a white adoptive couple had become homeless on the streets of Aberdeen, South Dakota (Stephanie Woodard, “Standing Rock Sioux Move to Rescue Children, Accuse State of Genocide,” ICTMN, October 3, 2013, http://indiancountrytodaymedianetwork.com/2013/10/03/standing-rock- sioux-tribe-moves-rescue-children-charging-genocide-151562).
The Agua Caliente Band of Cahuilla Indians of California filed suite in the U.S. District Court for the Central District of California, in Agua Caliente Band of Cahuilla Indians of California v. Coachella Valley Water District (CVWD) and Desert Water Agency (DWA), asking the court to declare that the tribe has “prior and paramount” rights to ground and surface water in the Coachella Valley, to quantify those rights, and stop the local water authorities from further degrading the quantity and quality of water in the aquifer (Gale Courey Toensing, “Agua Caliente Water Rights Lawsuit Puts Agencies in Hot Water,” ICTMN, July 17, 2013, http://indiancountrytodaymedianetwork.com/2013/07/17/agua-caliente-water-rights-lawsuit-puts-agencies- hot-water-150441).
Federal Agency Adjudication
The Federal Trade Commission (FTC), July 18, 2013, partially settled a lawsuit it brought in federal district court against several firms and individuals who are engaged in online payday lending businesses for several Indian tribes. Under the terms of the settlement in FTC v. AMG Services, Inc., the lending firms agreed to stop collection tactics that included threats of arrest, imprisonment, and/or lawsuit. The lending firms also agreed to stop requiring borrowers to approve electronic withdrawals from their bank accounts in order to get loan approval. The lending firms also agreed to file detailed compliance reports that also identify all owners, their contact information, and their involvement with each other. The firms in the case are owned by three tribes, the Miami Tribe of Oklahoma, the Modoc Tribe of Oklahoma, and the Santee Sioux Tribe of Nebraska (these tribes were not included as defendants in the case). The FTC alleged that the payday lending 93 firms were engaging in unfair lending practices under the FTC Act, the Truth in Lending Act (TILA) and the Electronic Fund Transfer Act (EFTA). The defendants asserted tribal sovereign immunity in claiming that the FTC has no authority to regulate the defendants because they are acting as arms of the tribes themselves. The defendants also claimed they were not "for-profit corporations" and so the FTC Act did not cover them. The federal magistrate in the case recommended that summary judgment be granted to the effect that the FTC Act applies to Indian tribes and thus gives the FTC jurisdiction to enforce the FTC Act, TILA, and EFTA against the defendants. The magistrate, however, also found that there was a factual dispute as to whether the defendants were for-profit corporations under the FTC Act and thus refused to recommend summary judgment on that question. Rather, if the magistrate's recommendations are approved, the case will proceed to a trial on that issue. The magistrate relied on Fed. Power Comm'n v. Tuscarora Indian Nation, 362 U.S. 99 (1960) and Donovan v. Coeur d'Alene Tribal Farm, 751 F.2d 1113 (9th Cir. 1985) for the proposition that laws of general applicability, such as the FTC Act, apply to Indian tribes. The magistrate wrote: The court finds that the FTC Act (1) is one of general applicability, (2) is silent as to Indian Tribes, (3) provides for specific exemptions, none of which exempt Indian Tribes, arms of Indian Tribes, or employees of arms of Indian Tribes, and (4) gives the FTC the authority to bring suit against Indian Tribes, arms of Indian Tribes, and employees and contractors of arms of Indian Tribes. The court also finds that the FTC is given the authority to enforce TILA and EFTA 'irrespective of' any jurisdictional tests under the FTC Act. The FTC and the payday lending firms did not settle the FTC Act allegations of undisclosed charges and inflated fees. The approved settlement applies only to the named defendants and the settlement stipulates that the defendants do not admit violating federal laws. The activities of some tribes in payday lending has been growing rapidly since at least 2004, see our General Memorandum 12-037, dated March 9, 2012, reporting on a Colorado trial court decision (favorable to tribes). This appears to be a subject that will eventually reach the U.S. Supreme Court (“Federal Trade Commission Settles Online Payday Lending Suit Extending Its Jurisdiction in Indian Country,” Hobbs-Straus General Memorandum 13-068, August 1, 2013, http://www.hobbsstraus.com/general- memorandum-13-068).
State and Local Courts
The Supreme Court of the State of Oklahoma, September 24, 2013, affirmed the lower trial court's dismissal of a suit against the Peoria Tribe of Indians of Oklahoma. The Oklahoma Supreme Court held that the Tribe is immune from suit in state court for compact-based tort claims and for dram-shop liability claims. The case is Sheffer v. Buffalo Run Casino, PTE, Inc., No. 109265, 2013 OK 77 (Sept. 24, 2013). This case arose when Charles Sheffer, Jennifer Sheffer, and their minor son ("Plaintiffs") sustained injuries when a rental vehicle operated by the employees of a company called Carolina Forge collided with the Plaintiffs' 18-wheeler tractor-trailer. The Plaintiffs not only sued the company, but also sued Buffalo Run Casino, the Peoria Tribe of Indians of Oklahoma, and PTE, Inc. ("Peoria Tribe"). The Plaintiffs claimed that, under Dye v. Choctaw Casino of Pocola, 2009 OK 52, 230 P.3d 507 (per curiam), Griffith v. Choctaw Casino of Pocola, 2009 OK 51, 230 P.3d 488 (per curiam), and Cossey v. Cherokee Nation Enterprises, 2009 OK 6, 212 P.3d 447, state courts could hear compact-based tort claims against the Tribe. The Plaintiffs also argued that, under the court's ruling in Bittle v. Bahe, 2008 OK 10, 192 P.3d 810, the Peoria Tribe waived its sovereign immunity by applying for and receiving an Oklahoma state liquor license, and therefore could be sued for dram-shop liability. The Oklahoma Supreme Court first addressed whether the Plaintiffs could bring their compact-based tort claim against the Peoria Tribe in state court. The model gaming compact (Okla. Stat. tit. 3A §§ 261-282 (2011)) provides for a limited waiver of tribal sovereign immunity for compact-based tort claims. It states that these claims can be brought against the Tribe "in a court of competent jurisdiction." The court had previously ruled in Dye, Griffith, and Cossey that state courts were "courts of competent jurisdiction" under the tribal/state gaming compacts. Since the Oklahoma Supreme Court's rulings in Dye, Griffith, and Cossey, nine tribes have obtained injunctions in federal court preventing Oklahoma state courts from hearing compact-based tort claims on the basis that state courts are not "courts of competent jurisdiction" under the gaming compacts. The trial court in this case found that the Peoria Tribe has not obtained an injunction to prevent the state courts from hearing compact-based tort claims. It held, however, that a state cannot "impose or allow State jurisdiction on Indian lands for the regulation of Indian gaming activities," "unless a tribe affirmatively elects to have State laws and State jurisdiction extend to tribal lands." Sheffer, 2013 OK 77, ¶ 13.
94 Without an express agreement made by the tribe to allow the claim to be heard in state court, the state court is not a "court of competent jurisdiction" under the gaming compact. The Oklahoma Supreme Court examined other cases where courts have held that state courts do not have jurisdiction over tribes without an express waiver of sovereign immunity. The court noted that federal courts, including the Tenth Circuit, have held that gaming compacts do not waive a tribe's sovereign immunity to have compact-based tort claims heard in state court. Because the Peoria Tribe had not expressly waived its sovereign immunity, this court dismissed the case against the Peoria Tribe. In doing so, it overruled Dye, Griffith, and Cossey. The Oklahoma Supreme Court next looked to see if the Plaintiff's dram-shop liability claim against the Tribe could be heard in state court. Previously, the court held in Bittle that applying for and receiving a state-issued liquor license waived a tribe's sovereign immunity for dram-shop liability claims. The court in Bittle found that the United States Supreme Court holding in Rice v. Rehner, 463 U.S. 713 (1983), combined with statutory law regulating liquor in Indian Country, allowed for an implicit waiver of tribal sovereign immunity "in the area of alcoholic beverage laws." Sheffer, 2013 OK 77, ¶ 28. The court then examined its rulings in Seneca Telephone Co. v. Miami Tribe of Oklahoma, 2011 OK 15, 253 P.3d 53, and Diliner v. Seneca-Cayuga Tribe of Oklahoma, 2011 OK 61, 258 P.3d 516, and determined that tribes are "immune from a negligence action in state court absent an express waiver by the tribe or express abrogation by Congress." Sheffer, 2013 OK 77, ¶ 31. It found that dram-shop liability claims are based in negligence, and that a tribe does not waive its sovereign immunity by applying for and receiving a liquor license because the liquor license does not contain an express waiver of sovereign immunity. The court held that "applying for and accepting a state liquor license is nothing more than a promise to comply with state liquor laws, not a voluntary waiver of sovereign immunity for private party lawsuits." Id., ¶ 45. In doing so, the Oklahoma Supreme Court overruled its prior holding in Bittle, and dismissed the Plaintiffs' dram-shop liability claim against the Peoria Tribe on the basis of tribal sovereign immunity. The ruling in Sheffer overturns prior case law undermining tribal sovereign immunity. In doing so, the Oklahoma Supreme Court has recognized that tribes are immune from suit in state court unless there is an explicit waiver of tribal sovereign immunity, either by Congress or by the tribe itself. This decision clears up the issue of which courts have jurisdiction over compact-based tort claims, and means that tribes in Oklahoma facing these claims will no longer be subjected to state court jurisdiction. Instead, any claims against the tribe must be brought in tribal court (“Oklahoma Supreme Court Finds Tribe is Immune from Suit in State Court from Compact-Based Tort Claims and Dram-Shop Liability,” Hobbs-Straus General Memorandum 13-096, November 11, 2013, http://www.hobbsstraus.com/general-memorandum-13-096).
The Court of Appeals of the State of New Mexico ruled in Hamaatsa, Inc. v. Pueblo of San Felipe, July 23, 2013, by a vote of 2-1 that the Pueblo of San Felipe was not immune to a lawsuit seeking a ruling that a road owned by the Pueblo was open to the public. The case arose after the Pueblo acquired land in fee simple previously owned by the Bureau of Land Management (BLM). The Plaintiff, Hamaatsa, owns property contiguous to a road that also crosses through the former BLM parcel. Hamaatsa brought suit in state court after the Pueblo allegedly threatened to restrict Hamaatsa's use of the road. The complaint asks the court to declare that the road is a state public road and that the Pueblo cannot limit use of the road by members of the public, including Hamaatsa. The Pueblo moved to dismiss the complaint, arguing that the Pueblo could not be sued because of sovereign immunity. The district court denied the Pueblo's motion to dismiss, holding that sovereign immunity did not apply, and the New Mexico appellate court reviewed de novo. Because the Pueblo facially challenged the court's jurisdiction over the lawsuit and did not specifically challenge any of the factual allegations in the complaint, the court assumed that the road was in fact a public road for purposes of its ruling on the motion to dismiss. The appellate court ultimately based its decision on that fact, finding that the Pueblo's sovereign immunity did not apply because of the assumed status of the road. The court reasoned that "the Pueblo offered no evidence of any property or governance interests whatsoever in the road or that the road, concededly a state public road, would threaten or otherwise affect its sovereignty." The court further stated, "If common law sovereign immunity from suit is an attribute of sovereignty, one must wonder why immunity should exist in this case where the Pueblo has shown no other attribute of sovereignty – such as property, treasury, or governance interest in sovereign authority over the road – that could bestow immunity from inherent sovereignty." The New Mexico appellate court also expressed concern that, if sovereign immunity were found to protect the Pueblo, Hamaatsa and potentially many others would be denied legal recourse
95 against the Pueblo for excluding them from a public road. Further, the court implied that it could be possible to infer a waiver of sovereign immunity from the fact that the Pueblo had knowingly purchased property subject to a state public road, though the court did not make its ruling on that basis. There is no automatic right of appeal to the New Mexico Supreme Court, and it is unclear whether the Pueblo will seek discretionary review. One judge dissented. The dissent criticized the majority for straying from the precedent set by the Supreme Court in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751 (1998). In Kiowa Tribe, the Supreme Court held that sovereign immunity barred a suit to enforce a promissory note that the Tribe had signed in the course of commercial dealings outside of reservation boundaries. Though the Supreme Court majority expressed some distaste for the result, it nevertheless held that tribal sovereign immunity is settled law and applies even to off-reservation activity in the absence of a clear waiver or congressional abrogation. The dissent also pointed out that many of the cases relied upon by the majority opinion – cases establishing that tribes lack full jurisdiction over public rights-of-way running through their reservations – have to do with jurisdiction and not with sovereign immunity. The dissent further argued that the Supreme Court has made clear that "[t]here is a difference between the right to demand compliance with state laws and the means available to enforce them," and therefore that the majority's concerns about foreclosing legal remedies against the Pueblo were not an appropriate basis for the decision. Instead, the dissent would have found that sovereign immunity blocked the suit even though it was an in rem action (requiring jurisdiction only over the property at issue) rather than an in personam action (requiring jurisdiction over the property owner). The dissent reasoned that since the property was owned by the Pueblo, the action was in effect a suit against the Pueblo itself. On July 26, 2013, Hobbs-Straus reported on a sovereign immunity case (below) in the New York State Appellate Division, Sue/Perior Concrete & Paving, Inc. v. Lewiston Golf Course Corporation, et al., holding that tribal sovereign immunity did not extend to a wholly-owned subsidiary of the Seneca Niagara Falls Gaming Corporation. (See Hobs-Straus General Memorandum 13-067). Both of these recent cases restrict the scope of tribal sovereign immunity beyond what might be expected in light of the Supreme Court's broad ruling in Kiowa Tribe (“New Mexico Court of Appeals Holds Tribal Sovereign Immunity Inapplicable in Dispute over Use of Public Road Crossing Tribal Lands,” Hobbs Straus General Memorandum 13-073, August 8, 2013, http://www.hobbsstraus.com/general-memorandum-13-073).
The Fourth Judicial Department of the New York State Appellate Division, June 17, 2013, issued its decision in Sue/Perior Concrete & Paving, Inc., v. Lewiston Golf Course Corporation, et al., holding that the Lewiston Golf Course Corporation – a wholly-owned subsidiary of the Seneca Niagara Falls Gaming Corporation – was not entitled to the protection of the Seneca Nation's sovereign immunity. At issue in this case was the court's application of the multi-factor test established by the New York Court of Appeals for determining whether a tribal instrumentality is protected by the tribe's sovereign immunity. Matter of Ransom v. St. Regis Mohawk Educ. & Community Fund, 86 NY2d 553, 558-560 (N.Y. Court of Appeals 1996). The Lewiston Golf Course Corporation (LGCC) case involved a construction contract dispute over development of a golf course by LGCC, which operates the course as an amenity to the Seneca Niagara Falls Casino, in Niagara Falls, NY. LGCC was chartered by the Seneca Nation to be a subsidiary of the Seneca Niagara Falls Gaming Corporation (SNFGC), itself chartered by the Nation as a subsidiary of the Seneca Gaming Corporation (SGC), which is a wholly-owned Seneca Nation corporate entity. All three entities were established under Seneca Nation law for the purpose of enhancing economic development and employment for the Nation. The boards of all three entities are comprised of the same officials, all appointed by the Seneca Nation. The income generated by each of these entities ultimately is transferred to the Nation. SGC and SNFGC were actually named as co-defendants in this action, but after they were dismissed in a related action on sovereign immunity grounds, Plaintiff dismissed its claims against these entities and elected to proceed against LGCC only. LGCC moved for dismissal on sovereign immunity grounds in the lower court. Plaintiff opposed, arguing that LGCC was not entitled to immunity because it was not an "arm" of the Nation under the multi-factor test described by the Court of Appeals in Ransom. In a decision issued February 6, 2012, the Supreme Court of the State of New York, Niagara County (the trial court) agreed with Plaintiff, noting that while LGCC did meet a number of the Ransom factors, it did not share the "purposes" of the Nation because LGCC was established to operate a championship golf course, which, according to the court, was not a governmental purpose. LGCC was
96 "not specifically established to enhance the health, education, and welfare of the Nation." The court also found that the financial interdependence factors of the Ransom analysis had "greater significance" than the other factors, and that since LGCC could not – according to the court – bind the funds of the Nation, it did not meet these factors. ).The court also found, as an independent ground for avoiding sovereign immunity, that the posture of the action – to enforce a mechanics lien – was in rem, that therefore sovereign immunity was not a bar in any event, "since personal jurisdiction over the owners of the golf course (LGCC) is not necessary in the context of such relief." LGCC appealed the decision. The Fourth Judicial Department Appellate Division, in a unanimous decision, upheld the lower court's holding that LGCC was not entitled to the protection of the Nation's sovereign immunity. The Appellate Division noted that "several of the Ransom factors weigh in favor of extending sovereign immunity to LGCC:" it was organized under the Nation's laws and constitution; its governing body was comprised mainly of Nation officials; the Nation governing body has the power to appoint and dismiss the Board members; the Nation exercises control over administration and accounting activities. Yet the court went on to note that "[o]ther factors, however, including what the Court of Appeals has characterized as the "[m]ore important[]" financial factors, weigh in favor of a determination that LGCC does not share in the Nation's sovereign immunity." In particular, the court focused on an application for tax exemption and credits that LGCC submitted to the Niagara County Industrial Development Agency, which the court interpreted to mean that LGCC was established "to serve as a regional economic engine" rather than serving ends specific to the Nation. Further, the Appellate Division focused on the lack of documentation in the record showing that the funds of LGCC ultimately went to the benefit of the Nation: With respect to the Ransom financial factors, we note that: (1) LGCC generates its own revenue; (2) there is no evidence in the record (and there is significant evidence to the contrary) that a suit against LGCC would impact the Nation's fiscal resources; and (3) LGCC does not have binding authority over the Nation's funds. The Appellate Division concluded its discussion of sovereign immunity issues by asserting that its decision would not undermine the policy of sovereign immunity. Rather, the court felt that a successful defense of sovereign immunity in these circumstances would adversely impact the Seneca Nation and its business entities: Here, permitting LGCC to retreat behind the Nation's cloak of sovereign immunity after it held itself out as an independent, market participating entity subject to the jurisdiction of the State of New York, including its courts, would discourage non-Indians from entering into business relationships with the Nation's corporations, which "may well retard [the Nation's] economic growth" and undermine one of the purposes of its sovereign immunity. The court did not address the in rem issue and its applicability to a sovereign immunity defense. Because the decision was unanimous, LGCC does not have an automatic right of appeal, but rather must ask for leave to appeal to the New York Court of Appeals, the top appellate court in the state. LGCC filed its motion for leave to appeal on July 23, 2013 (“Interim New York Appellate Court Rejects Sovereign Immunity Defense by Subsidiary Tribal Corporation,” Hobbs-Straus General Memorandum 13-067, July 26, 2013, General Memorandum 13-067, http://www.hobbsstraus.com/general-memorandum-13-067).
A New Mexico state court, August 15, 2013, approved a water settlement under which Navajo Nation is assured of an additional 130,00 acre feet of water, above the 195,000 acre feet it was already using, from the San Juan River, sufficient to irrigate 40,000 acres of farmland, allowing agricultural expansion, as it removes uncertainty of the water rights (NM court signs off on Navajo water, agriculture settlement, Navajo Times, August 22, 2013).
Tribal Government and State and Local Government Developments,
The Cherokee Nation Council has passed, and Principal Chief Bill John Baker signed into law, “Cherokee Nation-State of Oklahoma Tobacco Tax Compact Act of 2013 legislation to create a new tobacco compact with the State of Oklahoma, November 14, 2013, following negotiations with the state of Oklahoma. As of November 18, the governor had not yet set a date for finalizing the compact. The Cherokee Nation believes that the new compact provides a more competitive advantage to smoke shop owners within its jurisdiction in northeast Oklahoma, along with greater revenue to the Cherokee Nation as a whole, while the State of Oklahoma is authorized collect 100% percent of its share of tax revenue up front. Where according to the previous compact,
97 “the Nation was required to collect a copy .50 tribal tax, and the State collected 50 percent of all applicable State taxes on cigarettes for sales to most tribal retailers,” and the tribe was not allowed to rebate any part of the tribal tax to tobacco retailers, under the new compact, there is a gradual decrease of tribal tax rates on cigarette cartons by retailers. From November 1 to December 31 of this year, the tax rate will be $3.65 per carton, with an eventual tax rate of $.80 per carton by October 1, 2014. The new compact sets forth dates on which Cherokee Nation and the State of Oklahoma collect varying percentages of revenue on cigarette cartons between 2013 and 2018. By May 1 2018, tax revenues will be spilt 50/50 percent through the end of the compact, which is scheduled to end December 31, 2024. Tax revenue splits between all other tobacco products—ranging from cigars to chewing tobacco—will be 65/35 percent between Cherokee Nation and the State of Oklahoma through December 31 2017, and a 50/50 revenue distribution beginning January 1 2018 through the end of the compact (Brian Daffron, " Cherokee Nation Passes New Tobacco Compact With State of Oklahoma," ICTMN, November 18, 2013, http://indiancountrytodaymedianetwork.com/2013/11/18/cherokee-nation-passes-new-tobacco-compact-state- oklahoma-152303).
Following the Department of Interior Rejection of the original Mashpee-Massachusetts Gaming Compact, the Mashpee Wampanoag Tribe and the governor of Massachusetts signed a revised tribal-state gaming compact, November 15, which was quickly approved by the Massachusetts House. The Department of Interior was considering the revised pact, having approved the federal Draft Environmental Impact Statement (DEIS) for the tribe’s land-in-trust application, October 23. The tribe, which has no reservation or trust lands, had asked Interior to take into trust as an initial reservation 145 acres for the proposed $500 million Project First Light resort casino in Taunton and 170 acres in 11 parcels Mashpee on Cape Cod. Both sites are currently held in fee. In February 2012, Interior issued a preliminary approval designating these lands as an initial reservation. Under the new compact the state would recieve 21% of the gross gaming revenue as long as the tribe’s casino is the only one operating in the state. When a commercial facility opens in one of the other two gaming regions approved by the legislature two years ago, the state’s share of revenue from the Mashpee casino would fall to 17%. The state’s revenue share would be reduced by an additional 2% to 15% if a slot parlor opens in the southeast region of the state (Gale Courey Toensing, "Mashpee-Governor Sign Revised Tribal-State Compact," ICTMN, November 18, 2013, http://indiancountrytodaymedianetwork.com/2013/11/18/mashpee-governor-sign- revised-tribal-state-compact-152302). The Wampanoag nation of Aquinnah, MA claimed rights for a casino on Martha's Vineyard, but that is of very doubtful legal validity, and some experts believe the tribe may be working for a casino elsewhere in the state (Katherine Q. Selys, "Tribe Claims Approval for Martha's Vineyard Casino, Reviving Fight," The New York Times, November 13, 2013).
Jack McNeel, "Yakama Win in $97 Million Historic Land Mega-Deal," ICTMN, November 22, 2013, http://indiancountrytodaymedianetwork.com/2013/11/22/yakama-win-97-million-historic-mega-deal-152390, reported, "It took three years and $97 million, but the largest land purchase in Washington State history to benefit resource and conservation management has just been finalized, and the Yakama Nation was instrumental in its orchestration. Governor Jay Inslee, plus several state agencies and environmental groups, also worked to turn this land into the state’s first community forest. The seller was timber company American Forest Holdings. Arent Fox LLP helped broker the transfer. The 51,000-acre deal will protect a significant river and forest ecosystem from future development, said the law firm’s finance officer, Les Jacobowitz, and is a critical part of the larger Yakima River Basin Plan. “We have had a vested interest in the whole thing with this transfer of land,” said Phil Rigdon, who oversees the Yakama Nation Department of Natural Resources. “It has an immense potential for us doing restoration for spring chinook, coho, steelhead and some other fish species that once had inhabited the area but have dwindled due to past management decisions.” The deal gives local communities, including tribes, a voice in managing the lands—from water quality to fish and wildlife management to timber harvest, among other aspects of stewardship. The land lies north of the town of Cle Elum and includes the Teanaway River, a very important watershed in the upper Yakima River Basin."
In response to a 400% increase in HIV/AIDS cases on the Navajo Reservation in the last 13 years Arizona and New Mexico legislators, beginning with members of the congressional delegations, publicly 98 committed to assist the tribe in fighting the epidemic, beginning with the congressional members writing a letter to the Centers for Disease Control and Prevention (CDC) expressing their concern (Alastair Lee Bitsoi, "AZ, NM legislators join forces to fight HIV increase," Navajo Times, June 22, 2013).
Navajo Nation completed updating its extradition process, in July, providing a vehicle for other jurisdictions to have access to wanted persons within the Navajo Nation, and preventing the repeat of instances when federal authorities have seized such people on Navajo land, who at times were being held by Navajo authorities (Noel Lyn Smith, "Council strengthens extraction process," Navajo Times, July 25, 2013).
Navajo Nation has taken over running the Gallup, NM Detox Center under an agreement with the City of Gallup, under which it will continue to provide funding for the center (Bill Donovan, "Tribe taking over Gallup Detox Center, Navajo Times, October 10, 2013).
Tribal Developments
According to an Indian Health Service report, not only do American Indians and Alaska Natives rank last among measured ethnicities in various health measures and longevity, but the death rate among Native men is by far the highest, ranging from 200% to 500% higher than for Native women for HIV, unintentional injury, suicide, homicide, diabetes and alcohol related causes, and 10-50 times higher than Native women from cancer, heart disease and liver disease. Over all, Native men have a six to eight year shorter life expectance than do Native women (Alysia Landry, "Report shows death rates among native men highest of all ethnicities," Navajo Times, May 18, 2013).
Mark Fogarty, “Top 5 Philanthropic Foundations Make Native Education a Priority, ICTMN, August 8, 2013, reported, that in the first decade of the Twenty-First Century philanthropy for Native Americans fell, with a 30.8% reduction in 2009, well above the overall reduction in charity of 12% in the U.S. that year with the recession, as, nationwide, the percentage of foundation funding to Natives fell from 0.5 percent in 2000 to 0.3 percent in 2009. One major reduction came with the Ford Foundation discontinuing its Indigenous working group. Funding exceeded $100 million in both—2002 and 2006— but fell to $68 million in 2009. The top 10 foundations accounted for 60% percent of all funding. By category, education received the most funding in 2009— $18 million. Arts and culture was second, at $12.4 million. Public affairs/social benefit was third, at $10.2 million, followed by human services ($10 million) and health ($7 million). By recipient type, colleges and universities were first, followed by educational support agencies, the arts, human service agencies and civil rights groups. The Top Five Foundations by Dollars Granted, 2009 were: 1. Robert Wood Johnson Foundation of New Jersey, a four-time top Native funder in the first decade of this century, gave $10.2 million to Indian groups in 2009, 3.5% of its total funding. Some Native projects it has funded in more recent years include $153,000 for health data profiles for the United Southern and Eastern Tribes; nearly $700,000 for the Great Lakes Inter-Tribal Council to work on improved health care delivery for Wisconsin tribes; and $200,000 to the Montana-Wyoming Tribal Leaders Council to help integrate Native health systems into multijurisdictional public health systems. 2. Ford Foundation of New York foundation, which led foundation funding to Natives three times in the last decade, granted $8.9 million to Native programs in 2009, 2% of its total funding. Some of its recent awards have included $75,000 to the American Indian College Fund in 2009 to increase higher education for social justice and grants of about $450,000 in 2009, 2010 and 2011 to the National Congress of American Indians to promote electoral reform and democratic participation. In both 2009 and 2010 it granted $1 million each year to Native Arts and Culture Foundation to support art spaces. 3. W. K. Kellogg Foundation of Michigan granted $5.6 million to American Indian issues in 2009, 2.5% of total funding. One of the Foundation’s largest grants for the year, $1.8 million, went to the National Congress of American Indians to support tribal governance. Another, for $300,000, was awarded to the Rocky Mountain Youth Corps to help Native and Hispanic kids in northern New Mexico develop leadership and employment skills. Kellogg has an American Indian program officer, one of less than 10 around the country. 4. Alfred P. Sloan Foundation of New York granted $4.7 million to benefit Indians in 2009, 8.7% of its funding for
99 the year. Almost all of this came from a $4.5 million grant to National Action Council for Minorities in Engineering for its Minority Ph.D. program and its Indigenous Graduate Program. Since 1995, Sloan has assisted 900 minority candidates through the Ph.D. program. Sloan in 2011 granted $300,000 to the American Indian College Fund to pay for six fellowships for Indian tribal college faculty in the “Stem” area (science, technology, engineering and mathematics). That followed a similar grant of $100,000 in 2010. The Sloan Indigenous Partnership Grant funds Indian masters and doctoral candidates at six colleges. 5. Marguerite Casey Foundation of Washington gave $2.8 million to Native concerns in 2009, 9.2% of its 2009 funding. Some of its Native grants have gone to American Indians in Texas—Spanish Colonial Missions ($200,000) for leadership development and policy advocacy in South Texas and northern Mexico, and the Leadership Institute at the Santa Fe Indian School for $300,000, also for leadership development and policy advocacy. Its 2011 grantees include the American Indian Center of Chicago and the Potlatch Fund, Seattle. Since 2010, there have been a number of important gains, according to Michael Roberts, president of First Nations Development Institute of Colorado. He stated that, “’For the last two to three years, the Northwest Area Foundation has committed at least 40 percent of its funding to Indian programs,’” while “the Bush Foundation created an emphasis area in Indian programs, recognizing tribal sovereignty by making grants to individual tribes and allowing them to decide what to do with the funds.” The Midwest Area Foundation of Minnesota committed a minimum of 40% of its grant portfolio in 2013 “to Native American programs and Native-operated nonprofit organizations working to build community and individual financial know-how, access to capital, and entrepreneurial skills.” The Lannan Foundation of New Mexico granted $4.5 million to the Santa Clara pueblo in New Mexico to help it purchase back some of its former land. It said its “Indigenous Communities Program supports the resolve of Native Americans to renew their communities through their own institutions and traditions. Funding priority is given to rural indigenous projects that are consistent with traditional values in the areas of education, Native cultures, the revival and preservation of languages, legal rights, and environmental protection.” Other foundations that over the last decades have supported Native concerns include: Enterprise, Maryland, an affordable housing developer and funder for low and moderate income people, that, according to its website, “Since 1997, has invested more than $100 million in grants, loans and equity to Native American communities for affordable housing and economic development, developed more than 1,700 homes in 20 states and provided training to 38 tribes and tribal housing entities in financial acquisition.” It has a specific program for Rural and Native American housing. One program it has funded is a 28-unit housing development at the San Felipe Pueblo in New Mexico, the first major housing development on the reservation in 40 years. The Bill and Melinda Gates Foundation of Washington has been funding a major educational effort, the Millennium Scholars program, to give scholarships to as many as 20,000 minority students, including American Indians. “In 2013 the foundation confirmed as Gates Millennium Scholars, 150 American Indian and Alaska Native college freshmen, representing communities from coast to coast, joining approximately 850 other American Indian and Alaska Native undergraduates, graduate and doctoral degree candidates who receive scholarship support from the Gates Millennium Scholars program (GMS) in the 2013-2014 academic year. The Gates Foundation partners with the American Indian Graduate Center Scholars (AIGCS) to recruit, select and support American Indian and Alaska Native Gates Millennium Scholars. It has also funded the Potlatch Fund and in the past has helped the Navajo Nation with $6 million in grants to help bring computers to the reservation. The Notah Begay III Foundation (NB3F) announced, in Albuquerque, NM, that it will launch a new national initiative to expand its fight against childhood obesity and type 2 diabetes for Native American children. This announcement, which includes plans to lead extensive research and advocacy initiatives while assisting more Native American communities in developing their own evidence-based health and wellness programs, was made possible through a $1.5 million grant to NB3F by the Robert Wood Johnson Foundation, one of the nation’s largest health foundations (“NB3F Launches National Initiative Against Native Youth Obesity & Type 2 Diabetes,” NB3F, September 4, 2013, http://www.nb3foundation.org/national-initiative- announcement.html).
Mark Fogarty, "Indian Home Mortgages Underfunded in 2012," ICTMN, October 28, 2013, http://indiancountrytodaymedianetwork.com/2013/10/28/indian-home-mortgages-underfunded-2012-151958, reported, that Nearly one in two American Indians who applied for a mortgage in 2012 didn’t get the money. 100 Reporting under the Home Mortgage Disclosure Act (HMDA) indicated that some $7.5 billion in home finance went to American Indians and Alaska Natives in 2012, while $5.6 billion in applications were not funded, a 56% approval rate. 60% percent approval rate, as $4.8 billion in their mortgage applications not funded. The overall national funding rate was 64%. Note that not all not funded loan applications were actively denied by a lender, as some applications were not completed or were withdrawn by the borrower. Wells Fargo Bank issued the most loans to Indians last year, totaling $1 billion. Next was Bank of America, with $400 million, followed by JPMorgan Chase at $361 million. Wells was also the largest lender to Native Hawaiians, at $900 million. In California about 25% of all Indian mortgages were granted in 2012, totaling around $2 billion, at a 60% funding rate. In some states, less than 50% of Native American applications were funded, including North Carolina, West Virginia, New York, New Jersey, Maine and Louisiana, while states with highly favorable ratios of up to more than 2 to 1 included: Alaska (with $249 million in mortgages funded for Native people with just $23 million in denials), South Dakota, (with $29 million in approvals versus just $3 million in unfunded, and New Mexico (with $39 million funded and $30 million unfunded). The Council defeated a proposal to place a tax on junk food, in July (Antonio Ramirez, "Council votes down junk food tax," Navajo Times, July 18, 2013)
Stephanie Woodard, “Navajo Nation and DOJ Look at Violence, Discrimination in Border Towns,” August 20, 2013, http://indiancountrytodaymedianetwork.com/2013/08/20/navajo-nation-and-doj-scrutinize- border-towns-150951, reported, “The Navajo Nation Human Rights Commission (NNHRC) has completed a memorandum of understanding, or MOU, with the U.S. Department of Justice. Signed in July by commission chairperson Steven A. Darden, Navajo, and Justice Department officials, the MOU focuses on enforcement of tribal members’ federal civil rights in border towns surrounding the Navajo Nation. The off-reservation municipalities lie in four states: Arizona, New Mexico, Colorado and Utah. Going forward, NNHRC and the Indian Working Group— a team of attorneys within the Justice Department’s Civil Rights Division—will share information and forward documented incidents in the towns to the proper authorities, said NNHRC executive director, Leonard Gorman, Navajo. Prior to participating in this historic agreement, NNHRC held 25 hearings culminating in a 2010 report on border town discrimination. Like previous reports—including by the U.S. Civil Rights Commission—this one found rampant hostility towards Navajos. Hearing attendees reported unfair and hazardous employment practices, insensitive schools, denial of service in public places, predatory businesses, criminalization of spiritual traditions, tragic land losses and police brutality. Threaded through the grievances is a horrific litany of uninvestigated beatings and killings of Navajos.” NNHRC put on a seminar, in September 2013, on car buying, for Navajo consumers, following a nine month investigation hearing more than 100 written and oral complaints from Dine car buyers about predatory practices aimed at Dine by auto sellers in Navajo Nation border towns (Cindy Yurth and Alistair Lee Bitsoi, "Human Rights Comm. sets car buying seminar," Navajo Times, September 14, 2013).
Navajo nation completed setting up its own sex offender website, in November, taking over that function from neighboring counties (Bill Donovan, "Sex offender website up and running," Navajo Times, November 14, 2013).
Navajo Nation is considering a proposal to further decentralize aspects of government by decentralizing services to 15 regional centers, each serving from six to 14 chapters. Each center would be staffed by a senior planner working at the disposal of the chapters served by each center. Employees would continue to be overseen by the nation's Division of Community Development, which would make five attorneys available to advise the new center. Chapters could process their own payroll, eliminating congestion at Window Rock on paydays. The centers could also assist the 22 chapters on the waiting list to achieve local governance certification to gain that certification. The regional planners could also consult with each of the chapters on developing their development plans, which they are supposed to do annually, but few do. Also, the centers could partner with area universities on providing training for chapter personnel, which has been badly needed, as many chapter officials lack supervisory and other skills. Discussions of the plan were underway around the nation in November 2013, showing initial support, though there were some proposals for modifications, including of the
101 boundaries to be served by some centers to make the number of chapters they serve more equal (Alastair Lee Bitsoi and Cindy Yurth, "Decentralization plan draws support at chapter meetings," Navajo Times, November 27, 2013). Many Navajo chapters continue to have difficulties with finances under decentralization of some government functions to chapters, a lot of the problem in educating chapter officials and providing sufficient accounting support with limited funding. An audit in November found the Alamo Chapter having made a number of errors in how its spends its $500,000 annual budget, including using funds for travel expenses of chapter officials that are to be "expended for the best interest of the community." The recommendations of the Navajo Nation Auditor General included that the chapter establish guidelines "to help prevent waste and abuse of the fund." Chapter officials promised to put the auditor's various recommendations into effect (Bill Donovan, "Auditors shoot down Alomo practices, officials agree to correct," Navajo Times, December 5, 2013). Navajo Nation itself has been under criticism for mishandling of funds and not spending all of the federal money it receives, when it is seriously underfunded to begin with, with three agencies being cited for problems: Navajo Department of Workforce Development, Navajo Housing Authority, and Navajo Nation Division of Transportation, which built no new roads after 2008, despite having millions of dollars available (Cindy Yurth, "Workforce Development Gets 'Hammered'," Navajo Times, November 7, 2013; Bill Donovan, "NDOT audit shows no new roads since 2008, millions in bank," Navajo Times, September 26, 2013) ). At the beginning of October, President Shelly used his line Item veto power to remove $8.7 million in items that had been added as supplemental items by amendment to the record $587 million annual budget passed by the Navajo Council, saying that those items had been added in violation of the Dine Fundamental Law. Some of the items vetoed were from the Personal Laps Fund, and the vetoes raised the Undesignated Unreserves Fund Balance from just $107 dollars over its legal minimum of $17.3 million by an additional $7/7 million. The budget includes $3 million to decentralize services, $3 million to begin infrastructure development of the Bennet Freeze Area, as well as funding construction of much needed new chapter houses, fuel emergency vehicles on the road, and provide a 3% raise for tribal employees (Alastair Lee Bitsoi, "Shelly vetoes $8.7 million in budget line items," Navajo Times, October 3, 2013; Antonio Ramirez, "Half Billion budget includes funds for decentralization," Navajo Times, September 12, 2013).
The Navajo Nation Council passed the Navajo Nation Housing Authority Reform Act, in October 2013, that would authorize the Nation's president to nominate housing commissioners who would then need to be approved by the council’s Naabik'iyati' Committee. If the President fails to appoint a commissioner within 90 days of a vacancy, the appointment would be made by the committee (Alistair Lee Bitsoi, "Council passes bill to oversee housing board," Navajo Times, October 24, 2013). President Ben Shelly’s Uranium Task Force, proposed creation of a Uranium Commission composed of up to 13 commissioners: six technical members, six community members, and one youth member, to apply the Fundamental Law of the Dine as a guiding principle in to resolve any historical and possible future impacts of uranium mining on the reservation among grassroots groups, industry and government. The proposal had strong support from the Dine Men's Association, Eastern Navajo Dine Against Uranium Mining, and Hada'Asidi. Other grassroots organizations had members at the meting at which the proposal was made (Alastair Lee Bitsoi, "taskforce recommends creating uranium commission," Navajo Times, November 7, 2013).
Navajo Nation's Nahata Dziil, AZ is scheduled to receive a health clinic, in October 2014, so residents will no longer have to drive to Fort Defiance or Gallup, NM for health care (Alastair Lee Bitsoi, "Factory to become clinic at Nahata Dziil," Navajo Times, November 27, 2013). The Navajo Nation obtained its first mobile veterinarian clinic, in May, to help care for the many animals across the huge reservation (Shondiin Silversmith, "Navajo Nation gets first mobile vet clinic." Navajo Times, May 16. 2003). With many residents of the Navajo Nation distant from usable water, so that people in Box Springs, AZ have had to drivee 12 miles for water, the Leupp Chapter received a Slingshot water distiller to make wells at Box Springs usable, from the Swire Coca-Cola bottler of Flagstaff, AZ, September 28, 2013 (Krista Allen, "Flagstaff firm donates water distiller to Leupp Chapter," Navajo Times, October 3, 2013). Navajo Nation, with many miles of unpaved roads, quite a few of which are dangerous because of washbording or other poor conditions, obtained two additional paved highway in 2013. One was Navajo route 20, completed to replace U.S. 89, a section of which was severely
102 damaged in a landslide, and would take considerable time to repair and make passable (Krista Allen, "ADOT opens newly paved coppermine road," Navajo Times, September 5, 2013; Cindy Yurth, "Pavement through the pines," Navajo Times, August 15, 2013).
“Navajo President Ben Shelly Signs $3 Million Drought Relief Bill,” ICTMN, July 29, 2013, http://indiancountrytodaymedianetwork.com/2013/07/29/navajo-president-ben-shelly-signs-3-million-drought- relief-bill-150645, reported, “Under a state of emergency and watching its horses die of thirst, the Navajo Nation is getting $3 million of relief from the tribe's coffers.” “The bill, known as Legislation CJY-44-13, will give about $4 million to the Department of Agriculture for feral horse round ups, and $202,761 to the Department of Resource Enforcement and the remainder to the Navajo Department of Water Resources for well and windmill repairs, the Navajo Nation said in a press release.” In October, Shelly signed three energy policy bills into law, including setting policy for energy development, exploration and sustainable management and use of energy resources. Among other things, the legislation authorizes Dine energy companies, such as Navajo Gas and oil, to conduct business in the national and international markets (Alastair Lee Bitsoi, "Shelly signs energy policy, $4.1 million for NTEC into law," Navajo Times, October 31, 2013).
“Sacred object handed back to Hopi tribe after ‘shameful’ Paris auction,” Survival International, July 15, 2013, http://www.survivalinternational.org/news/9360, reported, “In a historic handover ceremony, an object sacred to the Hopi people has been returned to Hopi after dozens of katsinam (‘friends’) were sold at a Paris auction house in April 2013 despite repeated requests and litigation. Representatives of tribal rights organization Survival International and lawyer Pierre Servan-Schreiber returned the katsina to Hopi. The katsinam are of cultural and religious significance to the Hopi, who were vehemently opposed to the auction and asked the Paris auction house Neret-Minet Tessier & Sarrou to cancel the sale on the grounds that the objects are considered sacred to Hopi. After the auction house ignored the Hopi’s request, attorney Pierre Servan-Schreiber of the firm Skadden Arps (Paris) filed legal papers on behalf of Survival International and the Hopi, asking for the sale of the katsinam to be halted until the lawfulness of the collection was established. However the Paris Court rejected all attempts to stop the auction and the sale of dozens of sacred objects went ahead on April 12, 2013, in what Hopi tribal chairman LeRoy N. Shingoitewa called a ‘shameful saga’. Mr. Shingoitewa added, ‘We are deeply saddened and disheartened by this ruling … It is sad to think that the French will allow the Hopi Tribe to suffer through the same cultural and religious thefts, denigrations and exploitations they experienced in the 1940s. Would there be outrage if Holocaust artifacts, Papal heirlooms or Quranic manuscripts were going up for sale … to the highest bidder? I think so.’ M. Servan-Schreiber then bought one katsina at the auction to return it to the Hopi. He said, ‘It is my way of telling the Hopi that we only lost a battle and not the war. I am convinced that in the future, those who believe that not everything should be up for sale will prevail. In the meantime, the Hopi will not have lost everything since two of these sacred objects have been saved from being sold.’ The Hopi tribe brought Suit, in early December, against the Paris auction house, Drouot, in an attempt to block the December 9 and 11, 2013 sale of 32 sacred Katsinam masks, alongside a Zuni altar and Native American frescoes and dolls, arguing they are “bitterly opposed” to the use of sacred objects that represent their ancestral spirits as merchandise ("Hopi Tribe Sues Paris Auction House," The New York Times, December 3, 2013, http://www.nytimes.com/2013/12/04/world/europe/france-hopi-tribe-sues-auction-house.html?ref=todayspaper). For four years there has been a delay in the return to Apaches of 77 objects by the American Museum of Natural History as the Apache insist that these are, and should be recognized by the Museum as, sacred objects, while the Museum calls them cultural items, as many museums do of items being returned that may be sacred items (Tom Mashbeg, ""Where Words Mean as Much as Objects," The New York Times, August 20, 2013). The Southern Ute Tribe put its new health benefits program into effect, October 1, 2013, following extensive planning with ongoing consultation with tribal members and tribal health personnel. Each tribal member was mailed a health insurance card, in October, providing access for all tribal members at a nation wide network of doctors, clinics and hospitals - mirroring the tribal employee health plan (Ace Stryker, "New health plan goes live," Southern Ute Drum, October 4, 2013).
103
The Oglala Sioux Tribe at Pine Ridge voted in an August 14, 2013 referendum to legalize the sale of alcohol on the reservation and tax the sales. The impact may destroy the just off reservation liquor business in Whiteclay, NB, and bring in significant revenue to the tribe (Vincent Schilling, “Pine Ridge Vote to Sell Alcohol Could Kill Whiteclay, Bring Huge Revenue to Tribe,” ICTMN, August 16, 2013, http://indiancountrytodaymedianetwork.com/2013/08/16/lifting-alcohol-ban-fighting-firewater-firewater-150901.
A new South Dakota statewide coalition to support and promote homeownership in Native communities was launched in a meeting of six of the state's nine Indian reservations, including six representatives of housing authorities, along with the South Dakota USDA Rural Development, South Dakota Housing Development Authority, and the Great Plains Native Asset Building Coalition, in July 2013. An electronic poll revealed the most effective avenues for homeownership are to provide credit counseling and financial/home-buyer education (“South Dakota Tribes Building Home Ownership Coalition,” ICTMN, July 21, 2013, http://indiancountrytodaymedianetwork.com/2013/07/21/south-dakota-tribes-building-homeownership-coalition- 150518).
A resolution in support of the Public Health and Safety Code of the San Carlos Apache Tribe (SCAT) was passed, in July, that “allows the protection and confidentiality of public health information and patient privacy, especially for those who have been infected by HIV/AIDS.” The code is expected to reduce HIV infections, and increase survival rates, as those with HIV/AIDS who previously were afraid to seek treatment and counseling will now be much more likely to do so (Eisa Ulen, “Victory at Last: Apache Activist Helps Pass HIV/AIDS Confidentiality Resolution,” ICTMN, July 17, 2013, http://indiancountrytodaymedianetwork.com/2013/07/17/victory-last-apache-activist-helps-pass-hivaids- confidentiality-resolution-150460. The Navajo Division of Public Service posted the Nation's website of its registry of sex offenders at: navajo.nsopw.gov, in November, 2013, taking over the function form surrounding
Brian Daffron, “Gravel Mining Puts Kiowa Sacred Place in Peril,” ICTMN, July 12, 2013, http://indiancountrytodaymedianetwork.com/2013/07/12/gravel-mining-puts-kiowa-sacred-place-peril-150378, reported, “The Kiowa Tribe has gathered cedar for ceremonies and prayed on Longhorn Mountain south of Gotebo, Oklahoma for generations. That practice is in serious jeopardy as efforts to mine gravel out of the mountain are scheduled to begin by summer’s end, turning generations of sacred usage into rubble.”
The Bay Mills Indian Community of Michigan is planning a large real estate development, Wadiiwong Oden (Hilltop Village), 77 single-family units to be built, along with a commercial property, which is expected to reduce the waiting list for housing for this Ojibwe tribe (Mark Fogarty, “Tribe Plans Big Hilltop Housing Development,” July 9, 2013, http://indiancountrytodaymedianetwork.com/2013/07/09/tribe-plans- big-hilltop-housing-development-150340).
Genetic analysis of a 24,000 year old body found in Siberia with European and Native American ancestry has raised interesting questions about theories of migration and contact (Nicholes Wade, “24,000- Year-Old Body Shows Kinship to Europeans and American Indians,” The New York Times, November 20, 2013 http://www.nytimes.com/2013/11/21/science/two-surprises-in-dna-of-boy-found-buried-in-siberia.h). _^_^_^_^_^_^_^_
Economic Developments
The National Indian Gaming Commission announced, July 23, 2013, that 2012 Indian gaming revenues increased 2.7% over 2012 to reach a record $27.9 billion, and the third consecutive year of growth of gross gaming revenues (GGR) since the recession began in 2008. The overall growth of GGR in 2012 is attributable to
104 66% of the Indian gaming operations, which reported an increase in gaming revenues. Of the operations that reported an increase in revenue, approximately 44% percent showed moderate growth of less than 10%. Since 2010, the Indian gaming industry experienced approximately 3% percent annual growth attributed to small and moderate gaming operations that compose 56% percent of Indian gaming. In 2012, 98 Indian gaming operations reported gaming revenue between $10 million and $25 million, 70 Indian gaming operations reported gaming revenue between $3 million and $10 million and 69 Indian gaming operations reported gaming revenue less than $3 million. In 2012, all seven NICG regions experienced growth in gaming revenues. The largest regional increase of 5.1% or $233 million occurred within the St. Paul Region, consisting of 120 gaming operations in nine Great Plains states. The Tulsa Region, consisting of 64 gaming operations in Kansas and eastern Oklahoma, enjoyed the largest percentage increase from 2011-6.6% or $125 million. The charts and graphics included in the NIGC report, as well as additional data spans on the more than 420 gaming establishments, associated with nearly 240 tribes in 28 states, can be found at www.nigc.gov/media. The New Mexico Gaming Control Board released figures, in October 2013, indicating that the two Navajo Casinos in the state continued to do well, bringing in more than $1 million more in the April to June period in 2013 than 2012 (Bill Donovan, "Gaming officials: New Mexico casinos continue to do well).
The Colville Confederated Tribes of Washington opened Chief Joseph Hatchery, for salmon, near Chief Joseph Dam on the Columbia River, June 20, 2013, some 70 year’s later than planned (Jack McNeel, “Fishing For Compliments: Chief Joseph Hatchery Opens 70 Years Late,” ICTMN, July 22, 2013, http://indiancountrytodaymedianetwork.com/2013/07/22/chief-joseph-hatchery-fulfills-70-year-old-promise- 150522).
The Three Affiliated Tribes of North Dakota broke ground on Indian Country’s first oil refinery, on the Fort Berthold Reservation, in late October (Talli Nauman, "MHA Nations break ground on Indian Country's first oil refinery," News From Indian Country, November 2013).
Navajo Nation, July 18, 2013, signed a lease extension with the coal-fired Navajo Generating Station, with some increased pollution reduction, which received a lukewarm response from environmental groups, and an increase in annual payments to Navajo Nation from $508,400 to $42 million (Anne Minard, “Navajo Nation Signs Historic NGS Extension; Clean Air Battle Rages On,” ICTMN, July 31, 2013, http://indiancountrytodaymedianetwork.com/2013/07/31/navajos-eh-moment-shelly-signs-historic-ngs-extension- agreement-150665). On October 31, Navajo Nation signed a final agreement for Navajo Transitional Energy Company (NTEC) to purchase the Navajo Mine, a coalmine. There has been opposition to the mine on environmental and financial grounds by Navajo Nation citizens, particularly via Citizens Against Ruining Our Environment (CARE) (Alistair Lee Bitsoi, "Final agreements signed on mine purchase," Navajo Times, November 7, 2013).
“Potawatomi Break Ground on Biogas Plant—Converting Food Waste to Electricity,” ICTMN, July 11, 2013, http://indiancountrytodaymedianetwork.com/2013/07/11/potawatomi-break-ground-biogas-plant-converting- food-waste-electricity-150372, reported that the Forest County Potawatomi Community-owned FCPC Renewable Generation, LLC broke ground, July 2013, on its food waste-to-energy facility in Milwaukee, Wisconsin. The $18.6 million renewable energy facility in the Menomonee Valley, scheduled to be completed in July 2014, “will convert liquid and solid food wastes to biogas through an anaerobic digestion process. The biogas will fuel two 1-megawatt generators to produce a total of approximately 2 megawatts of gross electrical power output—enough electricity to power about 1,500 homes. The power will be sold to WE Energies, the local electrical utility.”
Cherokee Nation Technologies has begun its work under a $35 million five year contract with the Office of the Special Trustee for American Indians' Office of Historical Trust Accounting (OHTA) to provide research and historical documentation services in support of the U.S. Department Of Interior's
105 efforts to reconcile monetary accounts with Native American tribes. For more information visit www.cherokeenationbusinesses.com ("Cherokee Nation Technologies Wins $35M Contract to Help Interior Reconcile Monetary Accounts With Tribes," ICTMN, December 3, 2013, http://indiancountrytodaymedianetwork.com/2013/12/03/cherokee-nation-technologies-wins-35m-contract-help- interior-reconcile-monetary-accounts).
The Oneida Nation of New York officially opened its $25 million, Exit 33 entertainment complex, extension of its Turning Stone Casino, July 18, 2013, http://indiancountrytodaymedianetwork.com/2013/07/18/exit-33-25-million-extension-officially-inaugurated- oneida-indian-nation-150481). "Nisqually Tribe Invests $45 Million to Expand Red Wind Casino in Olympia, Washington," ICTMN, November 20, 2013, http://indiancountrytodaymedianetwork.com/2013/11/20/nisqually- tribe-invests-45-million-expand-red-wind-casino-olympia-washington-152325, reported, "The Nisqually Tribal Council has approved a $45 million expansion of its Nisqually Red Wind Casino including 42,700 square feet of new floor space and a new 600-space parking facility. Construction is expected to begin in November and the new facilities will be open by December 2014." The Federated Indians of Graton Rancheria of Northern California, who received federal recognition in 2000, opened their Graton Resort and Casino with record crowds for a tribal gaming facility opening, in November 2013 (Lynn Armitage, "New Game in Town: Record Crowds Swarm Graton Resort & Casino Opening," ICTMN, November 12, 2013, http://indiancountrytodaymedianetwork.com/gallery/photo/new-game-town-record-crowds-swarm-graton-resort- casino-opening-152206). "Aquinnah Wampanoag Tribe Gets Federal Approvals for Class II Casino on Martha's Vineyard," ICTMN, November 12, 2013, http://indiancountrytodaymedianetwork.com/2013/11/12/aquinnah- wampanoag-tribe-gets-federal-approvals-class-ii-casino-marthas-vineyard-152208, reported, "The Wampanoag Tribe of Gay Head (Aquinnah) has secured the federal approvals necessary for it to open a Class II gaming facility on the Tribe’s existing Indian lands on Martha’s Vineyard. On August 29, the National Indian Gaming Commission (NIGC) approved amendments to the Gaming Ordinance specifically identifying the Tribe’s existing trust land on the Island. On October 25, the NIGC’s General Counsel issued a legal opinion concluding that the existing trust lands qualify for gaming under the federal Indian Gaming Regulatory Act (IGRA). Finally, on October 22, the NIGC acknowledged the Tribe’s Facility License for the Aquinnah site." The Mohegan Sun at Pocono Downes in Pennsylvania began a $50 million hotel expansion, in November 2013 (Michael Rubinkam, "Mohegan making bet on hotel at Pennsylvania casino," News From Indian Country, November 2013).
Education and Culture
The University of Minnesota Duluth graduated its first 22 students from the master of tribal administration and governance (MTAG) program, May 16, 2013. The program was designed after consultation with tribal administrators, officials and Indian organizations across the Midwest. The program is offered both face to face and on line. It is focused on educating future American Indian tribal leaders and managers through coursework grounded in ethics, that involves tribal governance and the management issues encountered on a reservation as well as the complex relations among tribal, state and the federal governments. The curriculum includes classes on principles of tribal sovereignty; tribal budgets, finance and accounting; principles of tribal management; federal Indian law; and leadership and ethics. The curriculum centers on the roles that tribal administrators, leaders and professionals play in formal and informal situations that support tribal sovereignty and self-determination. Traditional language and culture are also important aspects of the program (Ed Minnema, “M.A. Program in Tribal Governance Goes Online in 2014,” ICTMN, October 20, 2013, http://indiancountrytodaymedianetwork.com/2013/10/20/ma-program-tribal-governance-goes-online-2014- 151777).
Clayton Brascoupe, director of Traditional Native American Farmers Association, has taught a course, Indigenous Sustainable Communities Design, for 18 years in New Mexico. Brascoupe is known around Turtle Island as Clayton or "Scoobie." He is Mohawk and Anishnabe, and was raised in Tuscarora, NY. He married Margaret Vigil from Tesuque Pueblo, NM and served in an appointed position on the Tesuque Pueblo 106 Tribal Council, and has been involved in community gardens and marketing for years. Clayton's course is a two- week hands-on grassroots workshop of from 20 to 25 people, mostly Native people from New Mexico, with the most ever being 35. Urban Natives, and Indigenous people from Canada, Central and South America are regularly among the participants. Many students return to become instructors, and the staff is 98% indigenous, including many women. Recently there’s been a Midwifery component -- the thinking being, if we can grow clean food in a non-industrial way, then why not our children? Brascoupe stresses the importance of students developing a resource base of knowledge in their communities and becoming experts in their respective communities. He focuses on Identifying resources, land bases, elders’ knowledge, youthful energy, water sources, urban parks, markets and outlets, recycling discarded resources and discarded people too. The idea is to Identify problems and solutions and use local resources to fix them, and if there aren’t enough local resources, go out in wider and broader networks to find more. Its base knowledge is agriculture, but it’s not just about planting gardens. Health care is everyone’s biggest issue and expense, but fresh food dramatically changes diet and lifestyle, positively affecting diabetes and heart disease. Food, health, economies, energy, housing, spiritual well-being, elder care, raising children, education -- it all becomes inter-related. The course originally began as Permaculture Design, but as class came with different issues, so the course evolved as a living organism, adapting and changing. Citing examples around Indian country, Brascoupe talks about ecology and borders and what he terms eco-tones, where two environments come together. These “edges” are where things happen and exchanges are made, where there is more diversity of plants and animals. It’s the difference between a riparian area with a meandering river or a re- created “seaway”, dug out and made straight for industrial traffic. Communities become just like these traffic lanes -- dollars don’t stay, they leave immediately like out a pipeline fast, instead of percolating around families. In most communities, dollars are replenished in grants instead of recycling via local diverse economies. Just like a riparian wetland or our own digestive system, there needs to be more meandering, more edges where things meet, interact and exchange, to yield more nutrients, more bang for the buck, rather than having everything of value be extracted by corporations and outside markets. The 2013 session of Sustainable Communities Design ran from July 28 through August 9 in Santa Cruz, New Mexico. For more information visit tnafanm.org/TNAFA.html. Among the ways people and communities have been affected by his course are: The South American students who took back their knowledge and heritage seeds to create gardens and build a new community house. They grew a certain yellow watermelon and when presented to the elders at a fiesta, they began to cry because they hadn’t tasted the fruit since they were children. They were also recognized at the national level for this community work. The mother of a young man from Arizona reported that her son had completely changed from a game-playing couch potato into an engaged busy gardener. Another young man, who was a hard-core gang member returned home to Los Angeles, started urban gardens, and changed his community by providing fresh food. A Mayan group from Belize learned to preserve surplus garden-grown food and marinated chicken, so that when hurricanes damaged everything, they still had the preserves to feed the community (Alex Jacobs, “Teaching Indigenous Solutions to Modern Agricultural Problems,” ICTMN, July 23, 2013, http://indiancountrytodaymedianetwork.com/2013/07/23/teaching-indigenous-solutions-modern-agricultural- problems-150540).
Navajo Nation's Window Rock High school, with its 2006 class, ranked in the top third of Arizona and Dine public high schools in having students obtain a college degree, despite financial difficulties that caused restructuring. The district superintendent credits the success to team work by teachers and other staff in implementing the vision of Exemplary Student Centered Organization Reflecting the Dine Values of Lifelong Education (Alistair Lee Bitsoi, "WRHS outperforms other Arizona Schools, Navajo Times, November 21, 2013).
Recognizing that different people learn differently, Ganado Unified School District on the Navajo Reservation initiated new elective science, technology, engineering and math classes (STEM), including a great deal of hands on learning, such as leaning about acoustics by building and playing a guitar, and about botany by growing plants, in a five year development program that is to eventually merge with the whole curriculum (Shondiin Silversmith, "Guitars and Hydroponics," Navajo Times, October 5, 2013).
The Southern Ute Indian Montessori Academy, a primary school on the Southern Ute Reservation,
107 has shown excellent results since it started. Early on, its students all passed standard achievement tests, and in 2013 numerous parents remain very positive about the school, saying, that upon moving on to public schools, their children were very well prepared and did well. Some commented that their children entered public school reading above their grade level. Several factors appear to contribute to the Academy's success. One is that the Montessori approach, very appropriate for a great many students, is very close to traditional Indian ways and fits the Ute culture. Learning is individualized and mentored, encouraging students to be creative and move at their own pace, instilling a love of learning. Ute language and culture is a major part of the curriculum, which is important for preserving and enhancing the nation's culture, while giving students a sense of who they are and a basic confidence that is important to function well in school and in life. In addition, parents are very much involved in the education process (For more information, see Carol Baker Olguin, "Defining the Montessori Approach," and Ace Stryker, "SUIMA parents laud school's personal touch," Southern Ute Drum, August 9 2013; previous articles in the Drum's four part series on Ute education in 2013, and earlier Drum articles on the Academy).
The FCC's E-Rate Program and a partnership with Cellular One brought first rate wireless technology to the Navajo Nation Red Mesa School District in fall 2013 (John Stanford, "E-Rate Brings First Rate Technology to Red Mesa Schools," Navajo Times, September 12, 2013 --==+==--
During Native American Heritage Month, November 2013, PBS Television stations around the U.S. showed varying numbers of films about American Indian contributions to history, and Indian culture (“Public Television Highlights Native Contributions and History, ICTMN, November 1, 2013, http://indiancountrytodaymedianetwork.com/2013/11/01/public-television-highlights-native-contributions-and- history-152041).
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International Developments
International Organization Developments
“Special Rapporteur Issues Report on Extractive Industries and Indigenous Peoples,” Cultural Survival, August 8, 2013, http://www.culturalsurvival.org/news/special-rapporteur-issues-report-extractive-industries-and- indigenous-peoples#sthash.X0G3bw9Y.dpuf, reported, “James Anaya, the UN Special Rapporteur on the rights of Indigenous Peoples, released a report on August 6, 2013 addressing extractive industries and the implications that they have had for the rights of Indigenous Peoples. In the report, which Anaya will present to the Human Rights Council in September 2013, he systematically sets forth a series of observations and recommendations regarding models of natural resource development, the obligations of States, the responsibilities of companies, consultation processes, and the principle of free, prior and informed consent to protect the rights of Indigenous Peoples, within the context of challenges posed by extractive industries on a global scale. These observations and recommendations build upon the Special Rapporteur's previous reports and draw on information gathered through country visits, seminars, written submission from various sources and independent research. Anaya highlighted the important role of free, prior and informed consent in safeguarding Indigenous Peoples rights, calling it "a general rule" and "just good practice". As before, the Rapporteur stopped short of giving 'veto' power to Indigenous communities facing extractive industry. Instead, he emphasized their right to withhold consent. "Indigenous individuals and peoples have the right to oppose and actively express opposition to extractive projects promoted by the State or third party business interests. Indigenous peoples should be able to oppose or withhold consent to extractive projects free from reprisals or acts of violence, or from undue pressures to accept or enter into consultations about extractive projects." He also narrowed the qualifying situations in which the right to Free, Prior, Informed Consent may be by-passed by a State, and requires that if a State determines that it is permissible to proceed with an extractive project that affects 108 indigenous peoples without their consent, that decision should always be subject to independent judicial review. He concludes, ‘Indigenous Peoples around the world have suffered negative, even devastating, consequences from extractive industries. Despite such negative experiences, looking toward the future it must not be assumed that extractive industries’ and indigenous peoples’ interests are entirely or always at odds with each other. However, models of resource extraction that are different from the heretofore prevailing model are required if resource extraction within Indigenous Peoples’ territories is to be carried out in a manner consistent with their rights.’ One of these models includes Indigenous Peoples control extractive industries through their own initiatives and enterprises. Anaya has invited Indigenous Peoples, governments, companies, and NGOs to an open dialogue on the report and its recommendations. He will engage in an inter-active dialogue with interested parties in Geneva in September in connection with his presentation of the report to the Human Rights Council. Also stay tuned for news on an on-line seminar with interested parties within the coming weeks.” The complete report is available, in English at: http://unsr.jamesanaya.org/docs/annual/2013-hrc-annual-report-en.pdf, and in Spanish at: http://unsr.jamesanaya.org/docs/annual/2013-hrc-annual-report-spanish.pdf.
“UN Expert Mechanism on the Rights of Indigenous Peoples Concludes Study on Indigenous Peoples’ Access to Justice, August 3, 2013, : http://www.culturalsurvival.org/news/un-expert-mechanism-rights-indigenous- peoples-concludes-study-indigenous-peoples-access-justice#sthash.OtVz39u8.dpuf, reported, “In July 2013, members of the United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), along with representatives of States, Indigenous Peoples, NGOs, human rights institutions, academics and UN Bodies gathered in Geneva, Switzerland, at the Sixth Session of the Expert Mechanism on the Rights of Indigenous Peoples. The five-day session convened around several discussions that endorsed the Alta Outcome Document as the official document for the 2014 World Conference on Indigenous Peoples; addressed the implementation and accountability of the UN Declaration on the Rights of Indigenous Peoples by states; proposed that the rights of Indigenous Peoples and the Expert Mechanism be firmly incorporated in the post-2015 UN Development Agenda. A core agenda item of the meeting was to follow up on the current study Access to Justice in the Protection and Promotion of the Rights of Indigenous Peoples and identify and propose next year’s thematic study.” “In 2012, the Expert Mechanism completed a study on Indigenous Peoples’ access to justice in the promotion and protection of the rights of Indigenous Peoples. The “gravity of the issues facing Indigenous Peoples, including discrimination against Indigenous Peoples in criminal justice systems, particularly for Indigenous women and youth” was highlighted. This is evident by the overrepresentation of Indigenous people in incarceration in regions around the world. In Australia Aboriginal people total 2.3 percent of the population, yet make up over 28 percent of Australia’s incarcerated population. In Canada, First Nation’s people total 4 percent of the population, yet make up 23.2 percent of the incarcerated population. In the United States, states with high Native populations have correspondingly high Native American incarceration rates. Because of the importance and complexity of access to justice and the issues involved an extension of this study was proposed.” “Speaking at the 6th EMRIP Session, UN Special Rapporteur on the Rights of Indigenous Peoples, James Anaya made a link clear between the structural dimensions and historical context that must be taken into account when trying to increase access to justice for indigenous peoples. Through his own work, Anaya has seen firsthand how Indigenous people are harmed by justice systems external to their own, mainly the State justice system, a system very different from Indigenous models. In addition, the State justice system presents other obstacles for Indigenous peoples including the lack of financial resources for adequate legal representation, a lack of access to justice systems in remote areas, and inadequate provision of culturally appropriate justice services, including translation services. As such, the access to justice study concludes and recommends that States take a ‘rights-based and culturally appropriate approach to public safety and access to justice guided by Indigenous Peoples’ laws and justice systems.” The study also calls for the training of law enforcement and judicial officials on Indigenous Peoples’ rights. The use of transitional justice mechanisms, such as truth commissions, which allow for administration of justice through prosecutions, truth-seeking, reparations programs, institutional reforms was also endorsed. Anaya noted that a “flexible approach” was needed when it came to access to justice, one that increased respect for Indigenous Peoples’ own justice systems in
109 both of recognizing and assigning value to these systems. Anaya also noted that, “state responses that limit Indigenous control run the risk of undermining Indigenous self-determination and have been shown to be less effective long-term solutions, generally speaking, in comparison to judicial responses to problems that Indigenous Peoples themselves control.’ ‘The Expert Mechanism on the Rights of Indigenous Peoples provides critical study and analysis of the human rights violations Indigenous Peoples suffer and the systematic failure of states to uphold these human rights. Importantly, the study and analysis is done by Indigenous people who assert traditional and cultural based Indigenous thinking and frameworks; who demand state accountability, and make recommendations based on human rights and Indigenous Peoples rights to self –determination,’ says Suzanne Benally, Executive Director of Cultural Survival.” The full EMRIP study on access to justice in the promotion and protection of the rights of indigenous peoples can be viewed at: http://www.ohchr.org/Documents/Issues/IPeoples/EMRIP/Session6/A-HRC-EMRIP-2013-2_en.pdf.
Regional and Country Developments
“UN Special Rapporteur's Tough Words for the Canadian Government about the Situation of Indigenous Peoples,” Cultural Survival, October i9, 2013, http://www.culturalsurvival.org/news/un-special-rapporteurs-tough- words-canadian-government-about-situation-indigenous-peoples#sthash.NV5JLpj4.dpuf, reported, “On October 15, 2013, James Anaya, United Nations Special Rapporteur on the Rights of Indigenous Peoples, concluded an eight-day trip to Canada. During the trip, Anaya visited several locations, meeting with government officials and First Nations with the intention of examining the human rights of Canada’s Indigenous population. Summarizing the findings of his trip, Anaya had tough words for the Canadian government in a statement published on October 15. ‘From all I have learned, I can only conclude that Canada faces a crisis when it comes to the situation of indigenous peoples of the country. The well-being gap between aboriginal and non- aboriginal people in Canada has not narrowed over the last several years, treaty and aboriginals claims remain persistently unresolved, and overall there appear to be high levels of distrust among aboriginal peoples toward government at both the federal and provincial levels.’ Canada ranks high among other nations with regards to development, education, and income levels. "Yet amidst this wealth and prosperity," Anaya notes, "aboriginal people live in conditions akin to those in countries that rank much lower and in which poverty abounds. At least one in five aboriginal Canadians live in homes in need of serious repair, which are often also overcrowded and contaminated with mould. The suicide rate among Inuit and First Nations youth on reserve, at more than five times greater than other Canadians, is alarming. One community I visited has suffered a suicide every six weeks since the start of this year. Aboriginal women are eight times more likely to be murdered than non-indigenous women and indigenous peoples face disproportionately high incarceration rates. For over a decade, the Auditor General has repeatedly highlighted significant funding disparities between on-reserve services and those available to other Canadians. The Canadian Human Rights Commission has consistently said that the conditions of aboriginal peoples make for the most serious human rights problem in Canada.” Still, Anaya acknowledges Canada’s recent focus on such issues with its Indigenous peoples, highlighting the steps the government has taken to redress such problems. Particularly, Anaya notes action taken toward the goal of reconciliation with the 2008 government apology for the boarding school practices of the last century and the creation of the Truth and Reconciliation Commission. These are amount to steps in the right direction, but are not enough, according to Anaya. "These steps are insufficient, and have yet to fully respond to aboriginal peoples’ urgent needs, fully protect their aboriginal and treaty rights, or to secure relationships based on mutual trust and common purpose. Aboriginal peoples’ concerns and well-being merit higher priority at all levels and within all branches of Government, and across all departments. Concerted measures, based on mutual understanding and real partnership with aboriginal peoples, through their own representative institutions, are vital to the long-term resolution of these issues.” During his trip to Canada, Anaya met with many Indigenous peoples to hear their concerns. While there exist many disparities, Anaya notes one truly chilling aspect in particular. Indigenous women are significantly more prone than non- Indigenous women to be murdered or simply become "missing". Beyond this alarming detail, the investigations for cases involving missing Indigenous have a much lower rate of resolution. Again, Anaya points to what is being done by the government before stating how it is not enough. “Certainly, both federal
110 and provincial governments have taken steps targeted at addressing various aspects of this issue. Yet over the past several days, in all of the places I have visited, I have heard from aboriginal peoples a widespread lack of confidence in the effectiveness of those measures. I have heard a consistent call for a national level inquiry into the extent of the problem and appropriate solutions moving forward with the participation of victims’ families and others deeply affected. I concur that a comprehensive and nation-wide inquiry into the issue could help ensure a coordinated response and the opportunity for the loved ones of victims to be heard, and would demonstrate a responsiveness to the concerns raised by the families and communities affected by this epidemic.” One aspect that brings both Indigenous and non-Indigenous communities together is the prospect of focusing on educational outcomes. Particularly, the Canadian government has focused on developing standards under the First Nations Education Act. While Anaya agrees that the values of this legislation are well-founded, he also highly urges the Canadian government to push for a greater level of dialog, citing a evident level of mistrust among Indigenous peoples regarding the government's intentions. "I urge the Government not to rush forward with [the First Nations Education Act], but to re-initiate discussions with aboriginal leaders to develop a process, and ultimately a bill, that addresses aboriginal concerns and incorporates aboriginal viewpoints on this fundamental issue. An equally important measure for improving educational outcomes, and one that could be implemented relatively quickly, is to ensure that funding delivered to aboriginal authorities for education per student is at least equivalent to that available in the provincial educational systems." Commenting more generally, Anaya notes the need for improved communication between Canada and Indigenous peoples in order to facilitate consensus-building. "More generally, greater efforts are needed to improve avenues of communication between Canada and aboriginal peoples to build consensus on the path forward. In all my meetings with aboriginal leaders and community members it was evident that there is a significant level of discontent with the state of relations with federal and provincial authorities, as well as a widely held perception that legislative and other decisions over multiple matters of concern to them are being taken without adequate consultation or consideration of their inherent and treaty rights. I urge the federal Government especially to work with aboriginal peoples, through their representative institutions and authorities, to overcome this condition of mistrust. As with the Education Act initiative mentioned earlier, unless legislative and other government actions that directly affect indigenous peoples’ rights and interests are made with their meaningful participation, those actions will lack legitimacy and are likely to be ineffective." Continuing, Anaya illuminates the necessary path forward. He shows that is critical to arrive at a common understanding regarding the objectives to move forward. These should be based on the United Nations Declaration of the Rights of Indigenous Peoples, — which was endorsed by the country in 2010. "I was pleased to hear, throughout my visit, references by First Nations, Inuit and Métis people to the Declaration, and about the incorporation of its standards into their work. It is my hope that the provincial and federal governments in Canada, as well as the country’s courts, will aspire to implement the standards articulated by the Declaration. The Declaration can help to provide a common framework within which the problems that I have outlined here in a preliminary fashion can be addressed.’ Anaya is set to release a more detailed report with recommendations in the next few weeks.”
Martha Troian, “Gas and Shoot Mi'kmaq Protesting Gas Exploration in New Brunswick,” ICTMN, October 17, 2013, http://indiancountrytodaymedianetwork.com/2013/10/17/police-riot-gear-tear-gas-and-shoot- mikmaq-protesting-gas-exploration-new-brunswick, reported, “Chaos has erupted as Chief Arren Sock and council members from Elsipogtog First Nation are among at least 40 people arrested by riot-gear-clad police raiding a Mi'kmaq blockade protesting shale gas exploration in New Brunswick. Details are still emerging, but amateur photos and video have appeared online showing heavily armed police on the site and what appear to be snipers in nearby fields and forests. There are also photos of several police vehicles on fire. Those arrested, which may include elders conducting ceremonies at the site, are being detained by the Royal Canadian Mounted Police (RCMP). There were also some reports of shots fired.”
“Sámi protest against British mining company,” Survival International, September 3, 2013, http://www.survivalinternational.org/news/9529, reported, “Swedish police have broken up a protest by Sámi men and women protesting against iron ore mining in a crucial reindeer herding area in the Swedish Arctic
111 Circle. The Sámi and other activists have been blockading a mining road since early July. They have prevented workers from British-based Beowulf Mining company from drilling and exploring on the traditional land of the Sámi. The first to be removed from the protest today was 85 year-old reindeer herder Apmut-Ivar Kuoljok. In recent weeks the Swedish police have dismantled the blockade and arrested the protesters, but the protesters rebuilt the blockade after the police had left. The protesters have also suffered racist abuse from locals who threatened them with axes. The Sámi Parliament issued a statement saying, ‘the police used a lot of unnecessary force, dragging the activists along the ground. The activists were passive and did not resist.’ British- based Beowulf, with its Swedish subsidiary, Jokkmokk Iron Mines AB, is seeking to conduct test drilling as they explore for iron ore in Gállok, just above the Arctic circle. The Sámi community believe that the planned mine would devastate the conditions for reindeer herding in the area. The territory is used by the Sirges and Jåhkågasska Sámi communities for reindeer herding, a practice which remains spiritually and culturally crucial to the Sámi. Jonas Vannar, from the Sirges Sámi community said, ‘This project endangers our entire existence’. The Sámi parliament has issued a demand to halt all mining on Sámi lands without free, prior and informed consent. The dispute has increased calls for the Swedish government to recognize Sámi ownership rights to their land and to ratify ILO 169, the only legally binding international convention on indigenous and tribal people. There are an estimated 80,000 Sámi in Sweden, Norway, Finland and Russia, of whom more than 20,000 live in Sweden.” "Cultural Survival Participates in a Central American Integration Conference in El Salvador," Cultural Survival, November 15, 2013, November 15, 2013, reported, "This week, a member of our Cultural Survival Community Radio Program team attended the Second Conference on the Process of Central American Integration for Marginalized and Excluded Social Groups, in Sonsonate, El Salvador. The coordinator of our most far-reaching community radio project yet, “Strengthening the Participation and Integration of Indigenous Youth of Belize and Guatemala through Community Radio”, attended the event and presented on the progress of this project, which now includes the participation of youth from El Salvador, Guatemala and Belize. The conference lasted three days, and included the participation of the coordinators and co- coordinators of the 15 projects that are being financed by this Central American Integration Fund by PAIRCA II, FLACSO, PNUD and the Unión Europea. All of the various organizations presented on the progress of their projects, sharing success stories and difficulties encountered. We were able to discuss our projects and new opportunities with the funders themselves and create important networks with other like-minded organizations. Some of the other projects that were presented during the conference are improving integration for at risk youth through poetry; working with differently abeled people towards creating a more inclusive society; and creating stronger networks for the Garífunas of Honduras, Guatemala, Belize and El Salvador, to name a few."
ICG, “Justice at the Barrel of a Gun: Vigilante Militias in Mexico,” Latin America Briefing N°29, May 28, 2013, http://www.crisisgroup.org/en/regions/latin-america-caribbean/mexico/b029-justice-at-the-barrel-of-a-gun- vigilante-militias-in-mexico.aspx, comments, “A rapid expansion in 2013 of vigilante militias – civilian armed groups that claim to fight crime – has created a third force in Mexico’s ongoing cartel-related violence. Some of these militias contain well-meaning citizens and have detained hundreds of suspected criminals. However, they challenge the government’s necessary monopoly on the use of force to impart justice. As the militias spread, there is also concern some are being used by criminal groups to fight their rivals and control territory. The Peña Nieto administration needs to develop a coherent policy for dealing with the vigilantes, so that it can work with authentic community policing projects while stopping the continued expansion of unregulated armed groups; this also requires demonstrating that the state has sufficient capacity to restore law and order on its own. If the government fails to deal with this issue, militias could spread across the country, triggering more violence and further damaging the rule of law. President Peña Nieto had expected to have to cope with the well-armed, ruthless cartels that dominate portions of the country, as well as the problems presented by uncoordinated national, state and municipal law enforcement bodies and a legacy of impunity. The appearance of a growing number of armed groups in at least nine of the 31 states, from close to the U.S. border to the south east, however, has added another dangerous level of complexity to the security challenge. Their epicenter, on which this briefing concentrates, is in the Pacific states of Guerrero and Michoacán, where thousands
112 of armed men participate in a range of vigilante organizations. There have been more than 30 killings there since January 2013, either by or against the vigilantes, and they have become increasingly worrying hotspots of insecurity. While the vigilante killings are still only a fraction of the more than 5,000 cartel-related murders that took place across Mexico in the first five months of Peña Nieto’s administration, the concern is that this new type of violence could expand across the land. The violence has coincided with protests against government reforms in these states, including road blockades and looting of food trucks that are part of a broader challenge to authority. The government launched a major security offensive in Michoacán in May that has weakened the militia presence there, at least in the short term. In Guerrero, the state government has made agreements with some militia leaders in an attempt to lessen their impact. However, various vigilante groups are still active, and some of the core problems of insecurity that led to their presence are unresolved. The vigilantism issue is complicated by the fact that many communities, particularly indigenous, have a centuries- old tradition of community policing. Many groups have shown themselves to be successful and have demonstrated legitimate ways of providing security. However, it is legally ambiguous how far such community groups can go in bearing arms and imparting justice. Furthermore, many of the new militias copy the language and claim the same rights as these community police, even though they do not come from a local tradition or are not even rooted in indigenous communities. The government needs to work with the authentic and unarmed community police and clearly define the parameters of what they can and cannot do. Some rules can be established on the basis of guidelines that are being developed under state and federal laws or by expanding agreements being worked out between state governments and community leaders. In some cases, the government needs to require the disarmament of vigilante groups; in yet others, it needs to more aggressively detain and prosecute militias with criminal links. But the government also needs to significantly improve security in all the communities where militias have been formed. Many residents have taken up arms because the state has systematically failed to protect them. The clamor for security is legitimate; but justice is better served through functional state institutions than the barrels of private guns.”
“Leahy Freeze on Funds for Mexico Drug War Will Save Lives, Money,” AmericasProgram, August 6, 2013, ,http://app.streamsend.com/c/19177109/109355/jqRxY60/iKs8?redirect_to=http%3A%2F%2Fwww.cipamericas.or g%2Farchives%2F10223, reported, “Senator Patrick Leahy, chair of the Appropriations Committee, blocked release of $95 million dollars for the Merida Initiative, citing the lack of a clear strategy on the part of the U.S. State Department and the Mexican government. "The whole thing looks like just coughing up money with no accountability," Leahy told the press. The problems with the aid package to support Mexico's drug war go beyond the lack of transparency and accountability. A top aide told the Americas Program that "There is a concern that the Merida Initiative has not achieved what people hoped for." As drugs continue to flow over the border, Mexico's homicide rate has more than doubled since the drug war began.”
Tracy L. Barnett of The Esperanza Project, “Campaign Update– Mexico: Injunction filed to halt illegal exploration drilling in Wirikuta,” July 5, 2013, http://www.culturalsurvival.org/news/campaign-update-mexico- injunction-filed-halt-illegal-exploration-drilling-wirikuta#sthash.q10pft57.dpuf, reported, “Against a backdrop of heightened tensions in the region and other worrisome developments, Wixarika leaders have filed an injunction to stop the illegal drilling in exploration for gold and silver in their ancestral sacred lands of Wirikuta. Since March 1 of this year, the Wixarika Regional Council for the Defense of Wirikuta has been petitioning the Mexican government to intervene to stop the current exploration that is occurring in the region without the required permits, but they have received no response to date, prompting them to file the injunction in a federal court. The drilling and excavation is occurring on a wide and destructive scale, the Council said, in the sacred desert where the Wixarika or Huichol people have conducted their pilgrimages since the beginning of their history.” “Also last week, Wixarika leaders decried the appointment of Hector Moreno, current mayor of the town of Real de Catorce, as president of the Board of Directors of the Wirikuta Ecological Reserve. The appointment represents “an aggression against our people and the people of the region, given the scientific evidence, which makes any new mining projects prohibitive due to the extreme
113 overexploitation of aquifers,” the Wixarika Regional Council wrote in a June 25 bulletin. Moreno’s financial ties to First Majestic Silver present a serious conflict of interest for a body whose aim is to protect the ecology of the region, they argued. They further accused Moreno of generating animosity against the Wixarika people, promoting rumors that the indigenous group is aspiring to gain financially by taking over the livestock and lands of the local inhabitants, an assertion they claim is entirely false and is generating a dangerous atmosphere of hostility and harassment against the Huichol people. Additionally, some Wixarika visiting the region have been threatened that they will be denied access to the lands where they have traveled to pray, leave offerings, and ceremonially hunt their sacred peyote, or hikuri, since time immemorial. These pilgrimages to Wirikuta and the use of their sacred cactus are essential to their continued cultural survival – and indeed, to the continued equilibrium of the forces of nature on the planet, according to their beliefs.” “The Council further denounced the government’s failure to consult with the Wixárika people in the ways in which they traditionally make their decisions, through their Community Assemblies. In a regional assembly convoked on June 28 by the Wixarika Regional Council for the Defense of Wirikuta “Tamatsima Wahaa” and attended by representatives from the far- flung and remote communities of Santa Catarina Cuexcomatitlán, San Andres Cohamiata, San Sebastian Teponahuaxtlán and Tuxpan, Jalisco, and Bancos de San Hipólito, Durango, and the Wixarika Union of Ceremonial Centers of Jalisco, Durango and Nayarit, the group ratified the previous statements and further demanded that the government hold a binding consultation with the Wixarika community assemblies in the matter of another key sacred site, Haramara, where their ceremonial grounds on the Pacific Coast of Nayarit are being privatized and commercialized for a tourism project. ‘We call on the federal government and in particular the President in his capacity as chief of the Mexican State to monitor and not criminalize our ancient tradition,” wrote the Council, “and to instead monitor the dangerous actions of the Municipal President of Catorce, who is inciting local people against our people and trying to limit our right to ancestral pilgrimage to the home of our ancestors, upon which depends the fundamental equilibrium of the world.’”
“The Commission for Indigenous Peoples Holds Meeting on the Right to Community Radio in Guatemala,” Cultural Survival, September 13, 2013, http://www.culturalsurvival.org/news/commission- indigenous-peoples-holds-meeting-right-community-radio-guatemala#sthash.oyXD0s8l.dpuf , reported, “On Wednesday, September 11, the Commission for Indigenous Peoples in Guatemala held a meeting in Congress to discuss the question of community radio in Guatemala. Congressman Carlos Mejia presided over the events. Cultural Survival’s Guatemalan team attended and participated in the meeting, along with traditional community leaders, or alcaldes, and other organizations that support Indigenous communities in Guatemala. Representatives from the Superintendence of Telecommunications in Guatemala, the Commission for Indigenous Peoples, the Minister of Communication, Infrastructure and Housing and the Governor General were all in attendance. Representatives from the communities presented on the criminalization of community radio in the country. They highlighted the negative effects that this criminalization has on Indigenous communities and denounced the raids routinely experienced by community radios around the country. Finally representatives from our team explained the importance of community radio for the development of their communities, as well as the 15-year long fight for its legalization. The Commission for Indigenous Peoples in Guatemala pleaded with the governing bodies present that the rights of Indigenous communities be respected and that the right to express oneself through community radio be put on the table while Initiative 4087, which would legalize community radio across the country, is in process. Initiative 4087 has already received a favorable response, but has been put on the backburner along with various other initiatives concerning Indigenous rights. Finally, the Commission requested that the Attorney General’s Office for Human Rights present this issue to the Attorney General as a violation of the right to freedom expression for Indigenous Peoples in Guatemala in no more than one month. This event is another step in the right direction for the fight for Indigenous community radio in Guatemala. More than 50 community radios broadcast the event across the country, spreading the word of the community radio movement far and wide."
“Guatemala: Shooting kills 11 in Kaqchikel community,” Cultural Survival, September 9, 2013, http://www.culturalsurvival.org/news/guatemala-shooting-kills-11-kaqchikel-community#sthash.DVCaw6al.dpuf, reported, “Eleven people were shot and killed on Saturday night, September 7th in San José Nacahuil, a small
114 Kaqchikel community of San Pedro Ayampuc, just outside of Guatemala City, Guatemala. Eleven others were injured. The circumstances of the shooting are still unclear, as reports from local news sources and government investigations tell a story of a drug related gang violence, but community members suspect foul- play by the national police. The shootings took place along the main street of the town, in a bar, and outside a small store, before the group of six masked shooters fled the scene in a car stolen from outside the locale. About an hour beforehand, a police patrol had driven through the town making rounds, asking for liquor licenses and whether the owners of the local bars were selling alcohol to minors. Felipe Pixtun, a cousin of one of the store owners, told the Diario newspaper that the police asked for a bribe of Q500 from the owner, which he refused to pay. A neighbor in the area commented that the assailants acted as “professionals". Early investigations have shown that they carried sub-machine guns as well as pistols and revolvers. Minister of the Interior Mauricio Lopez Bonilla declared that they consider the crime to be gang-related, pointing specifically to the MS 18 gang. He announced an explanation that the owner of the bar refused to sell alcohol to supposed gang-members, which caused them to open fire on the owner and the other patrons. Many local community members find this story unbelievable and are rejecting that official theory. They have announced they will continue to organize to demand further investigation. “We are strongly opposed to the statement of the Minister of the Interior that blamed gangs, which is completely false. It is premature to make statements without having initiated an investigation.” reported a group of grassroots organizations in a statement released September 9th. They continue: "Interestingly the route that the killers took is the same that the police patrol followed minutes earlier, for this reason the population wonders: where were the police when these events occurred? Or did they just create the conditions for the massacre and verify that there were no armed people in the area?” Nacahuil is an organized Mayan community that since 2005, has rejected the presence of the national police forces in their community. Instead, traditional indigenous authorities have formed their own justice system and intervention by the national police is unwelcomed. According to locals, crime rates actually decreased while the police were not present in the area. Lopez Bonnilla also agrees; “The crime rate has been very low in this sector, because the community is so well organized. It hasn’t been necessary to have police installed in the area.” Some groups in the community have also been active in a peaceful resistance movement known as La Puya together with the community of San Jose del Golfo. The movement is organized against an American-owned mining company, Kappes Cassidy and Associates, who have a license for exploitation in the Tambor mountain region. In July of 2012, two out spoken activists were shot and one was killed due to their opposition to the mine. It is unclear if Saturday’s shooting was related to the community’s anti-mining activism, but community groups theorize that it could have been orchestrated as an excuse to militarize their community, to intimidate anti-mining resistance. On Monday, the 9th, Lopez Bonnilla announced they are considering re-establishing a police base in San José Nacahuil.
The Guatemala Solidarity Project (GSP) reported, November 10, 2013, that the Q'eqchi community of Saquimo Setaña, Cobán, in central Guatemala, has suffered, “…arson of houses, physical attacks on community members and the arrest of community leaders under false charges.” “The criminal acts were allegedly ordered by a person who claims to be the rightful heir of Saquimo Setaña's land,” the GSP asserts. “The woman in question (Maria Elena Garcia Ical) was also able to get an eviction order issued against the community.” GSP states that the Saquimo Setaña community purchased the land in 1997, and has been attempting to prove their legal ownership of the land since 2007 when Ical appeared in the area, claiming ownership of the land and demanding that the Q’eqchi residents leave immediately. Since then, Saquimo Setaña residents have alleged that families have been threatened, violently assaulted and had their homes burned to the ground, while much of the community's primary crop of cardamom and they report that much of it has been stolen and parts of the forest around the community have been cut down. GSP charges that some of these acts have been committed by members of Ical’s family. GSP advocate Palmer Legare was one of the people assaulted during a confrontation with Ical’s family in 2010. He is now helping to lead the international outreach for support on behalf of the Saquimo Setaña community. Legare says that the assaults against the community continue to occur, even after filing official complaints and lawsuits. for Peasant Unity (CPU), an indigenous advocacy organization. The CPU has filed a petition to the Inter American Commission for Human Rights to visit the indigenous regions to gather information on what they contend is government persecution and criminalization of protest, while Legare is
115 requesting the international community to contact the Guatemalan Embassies and ask for justice for the Saquimo Setaña community (Rick Kearns, "Mayan Community in Guatemala Under Attack, Seeking Assistance," ICTMN, December 7, 2013, http://indiancountrytodaymedianetwork.com/2013/12/07/mayan-community-guatemala-under- attack-seeking-assistance-152598).
“Campaign Update– Barillas: Impunity in Trial,” Cultural Survival, September 12, 2013, http://www.culturalsurvival.org/news/campaign-update-barillas-impunity-trial#sthash.Bfxm4ftD.dpuf, reported, “A surprise decision was made by courts in Guatemala on September 11, 2013 as two former employees of the Spanish dam company Hydro Santa Cruz were declared innocent of the assassination of Q’anjobal community leader Andres Fransisco Miguel who was killed on the night of May 1, 2012. That night, Miguel, along with two other Q’anjobal men from the community, Pablo Antonio Pablo Pablo and Esteban Bernabé Mateo, were walking to their homes along a back road leading near the company’s installations when they were approached by a pickup truck and shot at by uniformed security guards of the company. The three men had been outspoken in opposition to a hydroelectric dam on a river in their community, and had been previously threatened by the company after refusing to sell their land. The trial, coming to a close yesterday, was expected by all parties to result in a lifelong prison sentence for both men. Two employees of the company, Ricardo Arturo García López and Oscar Armando Ortiz Solares, were accused of carrying out the assassinations, and were charged with murder and serious injuries. The District Attorney asked for 40 years in prison for murder and 8 years for each of two counts of serious injury, meaning 56 years in prison for each of the accused men. The two men were declared innocent of the charge of murder, but declared Ricardo Arturo Garcia Lopez guilty of inflicting “serious injury,” meaning five years in prison or a fine of about $5,700 dollars, which he can pay rather than spending time in prison.” “Witnesses of the trial say that the decision came contrary to much evidence provided throughout the trial. Attorney Victor Alvarado, who represented the two Q’anjobal men, explained in an interview with Emisoras Unidas, that he would appeal the verdict, which he believes was not based on the facts presented. Judge Eugenia Castellanos denied any proof that the two accused men were employees of Hydro Santa Cruz, however, in a strange resolution, ordered that a “roundtable dialogue” be established in Barillas between the State, personnel of Hydro Santa Cruz, and three community leaders from Barillas over the course of three months, “with the purpose of establishing the utility and necessity of the dam, taking into the account the diversity and cultural necessities of the region. Nelton Rivera, of Prensa Comunitaria, questioned the resolution. “What’s strange here is that at no moment during the trial did the judge recognize the direct links between the company and the accused. The defense lawyer argued in various points that there was no existing proof that linked to Hydro Santa Cruz. Despite that, the court emits a resolution asking for the company to sit down in dialogue with the community. What is behind this?” he wrote in an opinion piece. Meanwhile, President Otto Perez Molina’s recently visited Barillas, on September 3 where he said a “roundtable dialogue” would be opened starting September 19 and he was awaiting a sentence the trial. ‘Friday we are awaiting a sentence in the court case, which has convincing proof…we don’t want impunity and it doesn’t matter who it is, I seek respect for the law’.”
“Campaign Update– Barillas: "Conflict Will Repeat Unless State Consults Communities," Declares Bishop Ramazzinni,” July 10, 2013, http://www.culturalsurvival.org/news/campaign-update-barillas-conflict-will-repeat- unless-state-consults-communities-declares-bishop#sthash.qkSk1aG4.dpuf, reported, “In order to resolve the conflict generated by the installation of the Spanish company Hidro Santa Cruz’s Cambalam I Hydroelectric Project in Santa Cruz Barillas, Guatemala, the organized civil society, groups related to the company, and government representatives intend to hold dialogues mediated by Catholic Bishop Álvaro Ramazzinni, a long-time supporter of communities’ rights in conflicts with foreign companies and the government."
Arij Riahi, “The End of Impunity? Indigenous Guatemalans bring Canadian mining company to court,” Cultural Survival, October 17, 2013, http://www.culturalsurvival.org/news/end-impunity-indigenous-guatemalans- bring-canadian-mining-company-court#sthash.yUKAg1zm.dpuf, reported, “For the first time, a Canadian mining company will appear in a Canadian court for actions committed overseas. Hudbay Minerals, Inc, will be standing trial for murder, rapes and attacks committed against Indigenous Guatemalans by security
116 personnel working for Hudbay’s subsidiary, Compañía Guatemalteca de Níquel (CGN). The court case is proceeding thanks to a precedent-setting decision from the Ontario Superior Court of Justice, which ruled this past July in favor of the Mayan Q'eqchi' people of Lote Ocho, near El Estor, Guatemala. ‘It is a massive victory for our clients and for human rights,’ Cory Wanless, an attorney with the Toronto-based Klippensteins law firm, told The Dominion. ‘Before this decision, no claim brought by individuals that had been harmed by Canadian mining abroad had ever gotten into Canadian courts at all. They didn’t even have the ability to forward their claims.’ Wanless represents the Q'eqchi' plaintiffs in a lawsuit accusing the company of negligence in its ground management of the Fenix open-pit nickel mine project. They allege that security personnel—under the control of Hudbay—gang-raped 11 women, shot dead an Indigenous leader and outspoken critic of mining practices and left another man paralyzed from the chest down after sustaining a gunshot wound. Grahame Russell of Rights Action, a Canadian organization working mainly with Indigenous communities in Central America, has been doing solidarity work with the Q'eqchi' people for almost 10 years and has worked closely on the case. “Two major pre- trial issues were fought over. One was jurisdiction, and one [was] whether Hudbay could be held accountable— directly or via its subsidiary CGN—over what happened in Guatemala,” Russell told The Dominion. ‘We won on both counts. First, the company accepted that Canada can be the appropriate jurisdiction. Second, the judge decided in our favor, saying that it is appropriate to try to hold Hudbay accountable [for their negligence] in Guatemala.’ Russell explained that the conflict is rooted in unresolved tensions around what can be referred to in Canada as “prior land claims.” The events in question occurred between 2007 and 2009 in the context of a land dispute between the Q'eqchi' people and the mining company. ‘The specific context of the attack, rape[s] and murder is related to the mining company wanting to get the Q'eqchi' people off their land so they can get the mineral resources under the ground,’ Russell said. “There have been waves of repression in this region related to Canadian mining companies going back to the 1970s and early 1980s. This is an old story that is replaying itself out all over again.’ Rachel Small is an environmental justice activist working with communities impacted by Canadian extractive industry. “The abuses carried out by Canadian mining companies in Central America are part of a long and violent history of colonization, which continues today,” she told The Dominion. Small, who visited the Q'eqchi' community of Lote Ocho in 2010, said the Hudbay case is a classic example of environmental injustice. ‘Resources are being extracted for the benefit of Canadians—and primarily Canadian stockholders—at the expense of primarily Indigenous communities in Guatemala. It’s a blatant example of one of the ways that colonization plays out today and the costs are unimaginably huge for the communities who are being exploited.’ The Superior Court of Ontario’s decision, written by Judge Carole Brown, concluded that there was enough initial evidence to allow the actions to proceed to trial. Judge Brown emphasized that Hudbay is headquartered in Toronto, is incorporated under Canadian laws and was fully in control of its subsidiary. Hudbay has decided not to appeal the ruling. The court decision argued that “the pleadings disclose a sufficient basis to suggest that a relationship of proximity between the [Q'eqchi'] plaintiffs and the defendants [Hudbay and CGN] exists, such that it would not be unjust or unfair to impose a duty of care on the defendants.” The decision also listed a number of factors that might, at trial, prove the proximity between Hudbay and its subsidiary. This problem of proximity is one that has sunk many attempts to hold Canadian companies accountable in Canadian courts for human-rights abuses committed in other countries. Most mining companies have a complex corporate structure with a head office in one country, smaller offices in others and operations in the Global South. In courts, they have repeatedly been able to draw a line between the legal responsibility of a parent company that controls management and the subsidiary that controls daily operations on the ground. In November 2012, a group of Congolese people exhausted all legal options with a final failed attempt to drag Anvil Mining in front Canadian courts for its involvement in a massacre of civilians in the Democratic Republic of Congo. The company admitted to a United Nations Organization Mission in the Democratic Republic of Congo (MONUC) that it had provided transportation, food and lodging to the Congolese soldiers who committed the massacre. Yet the Quebec Court of Appeal ruled that there was no sufficient link between the company’s Quebec office and the events that led to the killings, and that Quebec’s courts therefore had no jurisdiction over the matter. At the time of the events, Anvil’s headquarters were in Australia. Wanless said that Hudbay’s corporate ties to Canadian law might explain why the case was allowed to go through while the Anvil case never made it to court. ‘The question in [the case of] Hudbay is different because there was no question that Ontario did have jurisdiction over Hudbay. It was an Ontario company through and through.’ Since the July 22, 2013, decision, Rights Action has reported that some Mayan Q'eqchi' women have
117 received threats pressuring them to withdraw the lawsuits. ‘This is a new wave of intimidation,’ said Russell, who speaks with members of the community on a weekly basis. ‘In the past, it has targeted Angelica Choc—the wife of Adolfo Ich, [the man] who was shot and killed. Now, it is targeting the women, trying to turn some women against the other women.’ When asked to comment on the threats, both Small and Wanless said they are an unsettling development, but one that is not surprising. Small highlighted how geographical isolation could add to the community’s vulnerability. ‘The fastest way to reach Lote Ocho requires an uphill drive in a Jeep or all-terrain vehicle, followed by an over-two-hour trek up the side of a densely forested mountain,’ she explained. ‘The limited access to communication with family, friends and allies in other places certainly impacted Lote Ocho’s ability to respond to threats and attacks.’ Though the pre-trial decision has been hailed as a victory, the trial to follow could still take years. ‘[The decision] is absolutely a breakthrough, but this won’t all of sudden bring proper and full accountability,’ said Russell. ‘It was a step that had be fought for and won, but there is still a hugely long way to go.’ Small said the injustices committed in other countries implicate Canada’s whole political and economic system. ‘Canadian government actively supports the [mining] industry, both financially—such as through pension plan investments—and politically.’ She listed a host of political players, including Canadian embassies and Canada’s Department of Foreign Affairs and International Trade, who negotiate international trade deals and partnerships with mining companies operating in the Global South. For Small, this means that the problems faced by the Q'eqchi' won’t be solved in one courtroom. ‘We’re looking at complex systems...that serve to concentrate power and resources in the hands of a small few, especially at the expense of Indigenous peoples. It’s going to be a long struggle to reverse these patterns, and one that needs to play out on more than one continent and in a multitude of settings.’ Wanless was cautiously optimistic about the court’s decision. ‘This case is the first of this kind but I think that claims like this are going to be much more common,’ he said. ‘It is no longer possible for Canadian courts to deny that this is a Canadian problem that deserves a Canadian solution.’”
“Campaign Update: Honduras Gives Title to Lands to Miskito People,” Cultural Survival, September 20, 2013, http://www.culturalsurvival.org/news/campaign-update-honduras-gives-title-lands-miskito- people#sthash.dj5tZ90v.dpufm reported, “On Thursday, September 12, 2013 the Honduran government granted more than 1.6 million acres of coastal lands to the Indigenous Miskito people, who occupy the northeastern corner of Honduras known as La Moskitia, which runs along the border with Nicaragua and the Caribbean coast, The Miskito consist of about 21,800 people in more than 100 villages and sparsely populated towns. They now have title to seven land areas, comprising 128 communities, and about 7 percent of Honduras' total land area. Over the last year the government has awarded Miskito title to 265,000 acres. Another 1.9 million acres are promised. Honduras joins a trend set by Nicaragua, Belize and Panama, which have all given titles to Indigenous communities as well. Cultural Survival assisted Indigenous groups in the Moskitia area in the fight for their autonomy with a Global Response campaign launched in 2011. Four Indigenous Peoples, the Miskito along with the Pech, Garifuna, and Tawahka peoples who inhabit the area, have protested the construction of the Patuca III hydroelectric dam there and held a conference in 2011 centered around the theme of "Indigenous Governance and Territorial Autonomy” which was attended by Cultural Survival staff Danielle DeLuca. At the conference, Norvin Goff explained, "The defense of our territory is our first concern. Because we don't have the full legal titles to our land, the government is able to give concessions to foreign companies, without any kind of consultation with us. The government is obsessed with bringing external investment into the country." Hopefully the grant of land titles will stem corporate incursions into the forest. MASTA took further actions to earn rights to the land, which they have finally received including a mobilization in the state capital and action in the Supreme Court of Justice. The land had been promised to the Miskito people in the 1850’s in a treaty from the British government. However, the treaty had not been written into law until now. The region’s relative isolation has allowed Miskito people to occupy the area continuously, but land speculators, loggers, ranchers, and foreign investors have been illegally claiming land and clearing forest in the territory. The Miskito have increasingly pressed for legal title to these lands over the past 40 years. Norvin Goff, chairman of Miskitu Asia Takanka (MASTA), a Honduras group representing the tribes, said that before “there wasn’t any legal support to complain to the government,” but “now with the backing of titles, we can stop this agenda.” He asserted that “the Miskito people can protect [the forest], but only if we have title to those lands." Goff also said that it is Miskito “tradition” and “duty” to protect the forests and natural resources. Along with other experts, David Kaimowitz, the director of
118 natural resources at the Ford Foundation, who has been working with the Miskito communities, claims that the “recognition of the Miskito’s rights” will protect biodiversity in the coastal pine and rain forests. This land title will allow the Miskito to negotiate treaties with the UN through their REDD+ program. REDD stands for Reducing Emissions From Deforestation and Degradation and aims to reduce global carbon levels by paying tropical countries to keep their forests standing. ‘We have been doing REDD for 500 years,’ notes Goff. ‘Now we will be able to teach others how we have protected our forests and natural resources, and benefit from our role in helping the world that wants so badly to stop destroying the forests so we can slow climate change.’ Honduras is covered by forest in about 40 percent of its land area, but the country has one of the highest rates of deforestation in Latin America. According to Mongabay.com, Honduras lost 37.1 percent of its forestland in the period from 1990 to 2005. The forests support a number of important species such as the jaguar (Panthera onca), Baird's tapir (Tapirus bairdii), giant anteater (Myrmecophaga tridactyla), and mantled howler monkey (Alouatta palliata). ‘With a substantial proportion of the total territory of Honduras now owned by Indigenous Peoples, we envision the creation of a new development agenda in Honduras, one built with guidance from Indigenous Peoples and with respect for our customary rights,’ Goff said.”
James Phillips, “The Defenders: Walking the Path of Resistance with the Lenca of Rio Blanco, Honduras,” Cultural Survival, October 26, 2013, http://www.culturalsurvival.org/news/defenders-walking-path-resistance- lenca-rio-blanco-honduras, reported, “ Along the river valleys and hillsides of this rugged sector of Honduras are the Lenca. The Lenca have inhabited areas of western Honduras for centuries and may be culturally related to the Chorti, one of the many branches of Maya peoples of Central America. The Lenca, who depend on the rivers for physical and spiritual support, have a long history of resistance to European colonialism; they claim Lempira, the great warrior who fought against sixteenth century Spanish conquest, as their own. Today, the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH) has become a leader in promoting the rights of the Lenca and other Hondurans. However, there is often a heavy price to pay for such activism, as the use of threats— and murder—to silence the opposition has become routine. Lenca communities, with the assistance COPINH, are engaged in resistance to a new form of colonialism: this time the damming of the local rivers that are so vital to the community. The proposed dam of the Gualcarque River, which would be financed and developed by both foreign and Honduran investors, would provide hydroelectricity and water for mining operations in this part of the country. Gold, silver, iron, antimony, and other mining is a major industry in Honduras; thousands of tons of iron ore are shipped to China every month from Honduras and a sizable mining operation consumes huge amounts of water. US, Chinese, Canadian, Italian, and other internationally-based companies are all mining in Honduras, and most of these transnational mining operations are located on or near Indigenous land and communities. Foreign mining companies sometimes contribute to a special fund administered by high police and military officials, giving the security forces incentive to support the companies and stifle popular opposition. They may also offer incentives to local mayors whose support can ease the way for the companies; this tactic may give a misleading appearance of local acceptance. In other cases, the State is more directly involved. In the case of the Agua Zarca dam, Honduras’s First Battalion of Engineers is actually working on the construction. a law passed in January 2013 suspended a moratorium on new mining concessions that had been in effect since 2005. Additionally, the new law allows for open-pit mines and the use of cyanide. The end of the moratorium has meant a flurry of new mining concessions granted across Honduras. But the law also requires that local communities be consulted and give their approval before mining operations begin. While this reflects at least a token acknowledgment that Honduras is a signatory to the United Nations Declaration on the Rights of Indigenous People and International Labor Organization (ILO) Convention 169 on Indigenous rights, reports from communities in different areas of Honduras indicate that the legal requirement of local consultation is routinely violated, and that threats and violence are used to force communities to accept mining and dam operations. The Lenca and COPINH have received expressions and acts of solidarity from other Hondurans, both Indigenous and non. Together they have engaged in traditional forms of nonviolent resistance, including the ancient Indigenous practice of caminata (walking the land), which has long been a form of spiritual observance and renewal. It is a practice that other native peoples have also been reviving in recent years, as exemplified by the Idle No More movement in Canada. On April 1, 2013, members of the local communities of Rio Blanco began blocking the road between the Agua Zarca dam project headquarters and the
119 river, not allowing project machinery to pass. They also began nonviolent protests at the dam project headquarters nearby. The Lenca have long claimed the area as their traditional territory, a claim recognized, at least in theory, by previous Honduran governments. Members of other Indigenous communities, together with other organizations, Hondurans, and international visitors and observers, joined members of COPINH and local Lenca in walking the road to the company plant. At times the walk was led with prayer and burning incense in traditional fashion. During their protest, the walkers were faced daily with a contingent of the Honduran Army guarding the company compound of Sinohidro, the Chinese company contracted to build the Agua Zarca dam. On July 15, witnesses report that a soldier opened fire on the group, shooting and killing COPINH member Tomas Garcia and seriously injuring his teenage son, Alan. A third Lenca man was also injured in the incident. Shortly after, in an apparent perversion of justice, three COPINH leaders—Berta Cáceres, Tomas Gomez, and Aureliano Molina—were formally accused of inciting violence and causing economic harm to the company due to lost time and revenue. The court has so far ignored the Lenca claim that the company is trespassing on Lenca land, as COPINH leaders were ordered to appear at a criminal hearing in the city of Esperanza, Intibuca, on August 14, and then at another hearing in mid-September. In a show of international solidarity, crowds of Hondurans and others have gathered outside the courthouse during these hearings. Their banners include messages such as “Stop the violations against the defenders;” that is, the defenders of the land, water, and rights. The community at Rio Blanco has a strong spirituality based both on the Catholic popular church and traditional Indigenous beliefs. One community elder put his experience of facing threats and violence in the context of his religious faith: “If they kill me, well God bless them. I am not going to be afraid of death because from death I will be born...No man with money made the earth or the sky or the sea. All these things of this world—God gave them to us. To these men of the dam, please leave. We have received threats that if we work our land, they will kill us. We ask that they respect our dignity as Indians.” Another leader, who requested anonymity for fear of personal safety, said, “In the midst of all of this struggle, there are powerful and beautiful things. In our land and rivers and forests there are spirits that are helping us. We have faith in God and in the Holy Mother, and we are aided by the spirits of the ancestors. We have faith in everything we do in this place. We are really grateful for all the international solidarity we have been shown. We don’t feel alone, we feel supported.” On September 20, a Honduran court ordered the imprisonment of COPINH leader Berta Cáceres while she awaits trial. Her lawyer is also being sued in another court case—a continuation of the criminalization of those who defend the defenders. The day after the arrest order went out for Cáceres, a petition demanding her freedom began circulating on a website in the United States, receiving 10,000 signatures on the first day. Since then, several other petitions for Cáceres’s freedom have also been circulating. Lenca leaders count on the show of international solidarity in this matter to further their struggle.”
William Neuman, “Colombia and Rebels Reach Deal on Political Participation,” The New York Times, November 6, 2013, http://www.nytimes.com/2013/11/07/world/americas/colombia-and-rebels-reach-deal-on- political-participation.html?ref=todayspaper&_r=0, reported. “Negotiators for the Colombian government and the country’s largest guerrilla group announced Wednesday that they had agreed on a framework for the rebels to take part in the political process, a crucial step forward in peace talks aimed at ending nearly 50 years of fighting between the government and the rebel group, the Revolutionary Armed Forces of Colombia, or FARC. The deal, announced in Havana, where the talks are taking place, was the second point of agreement reached since the two sides began negotiations to resolve a long list of differences late last year. In May, they announced plans to reduce rural inequality. The agreements on individual issues will go into effect only if a full peace deal is completed, and the two sides have a long way to go. Sporadic fighting is still taking place, and the rebel fighters have yet to surrender their weapons. Drug trafficking remains an important source of financing for the guerrillas and a source of conflict with the government.” “Campaign Update —Belize: Government Continues to Ignore Maya Land Rights Despite Court of Appeal Ruling,” September 5, 2013, http://www.culturalsurvival.org/news/campaign-update-belize-government-continues- ignore-maya-land-rights-despite-court-appeal-ruling#sthash.7XEcpVVW.dpuf, reported, “In its 25 July 2013 decision in the second Maya Land Rights case, the Court of Appeal upheld the Supreme Court ruling that the Maya people of southern Belize own our land through our customary land tenure system, and that this property is protected by the Constitution. The appeal court disagreed with the remedies provided by former Chief Justice Conteh, but agreed with him on the main issue: Maya villages have customary title to 120 our lands. This title is exclusive and equal to any other form of title in Belize. The government of Belize has done nothing to acknowledge the appeal court’s ruling. Instead, it has focused narrowly on the court’s decision not to provide the temporary higher level of protection to Maya rights that Justice Conteh had seen fit to order. In doing so, the government has conveniently disregarded the central verdict. It has also chosen to ignore the invitation of Maya leaders to resume negotiations about how best to implement Maya land rights that have now been upheld three times by the courts and by human rights bodies of the Organization of American States’ and the United Nations. The situation has recently become alarming as Crique Sarco village leaders who, along with SATIIM, attempted to visit a U.S. Capital site and were met by armed forces and told that they were trespassing. The government makes much of the fact that the Court of Appeal rejected the injunction against issuing petroleum concessions over Maya lands, but it completely ignores the requirements of the Petroleum Act that prohibit a company from entering onto concession lands without the written consent of the owner. U.S. Capital is preparing a drilling site on lands owned by Crique Sarco(,) without the required consent. Yet, the government insists it is the Maya who are the trespassers! The Prime Minster has said publicly that the area within the National Park is not Maya land, even though the court in the 2007 land rights case admitted into evidence and acknowledged that Conejo village includes land in the park. The government is well aware of this and intentionally excluded Conejo’s land from U.S. Capital’s permit to operate in the park. Now the government alleges that “there can be no kind of ownership other than state ownership” in a national park. In fact, the National Parks Systems Act does not disturb existing ownership of lands within a national park, nor does it give ownership of a park to the state. Last week, the United Nations’ Special Rapporteur on the right to food, Olivier De Schutter, released a letter to the government of Belize expressing concern about the oil exploration activities by US Capital Energy Belize Ltd. on Maya customary lands and the distribution of Maya customary land to private individuals. He stated that: “oil exploration activities on Maya land and the distribution of Maya traditional lands to private individuals have allegedly continued without prior, free and informed consent of the local Maya population and will affect the ability of the indigenous communities to feed themselves, as they rely on their customary lands for their livelihood”. He expressed concern that cutting and clearing for the seismic testing has polluted waterways and damaged the land used for farming of subsistence crops that form the basis of the Maya economy and diet, and that future exploratory drilling activities will lead to the development of new roads, drill sites and waste management sites, which will further affect the habitats of game animals and destroy areas used by us for subsistence and cash crop farming. The Special Rapporteur specifically cited section 26 of the Petroleum Act that requires oil companies to obtain the consent of landowners and lawful occupiers before the entering of their lands, and highlighted that if it is failing to protect Maya customary land rights, food and water sources, the government of Belize is violating its international obligations. As with anything concerning Maya land rights, the government ignored the United Nations’ Special Rapporteur. The Maya people have taken our land claims through the peaceful process of the legal system, and at every stage the courts have upheld our rights to our lands. The rule of law is fundamental to all Belizeans, and settling the land tenure issues in Toledo is vital to investment and the economy in the region. Yet the government’s insistence on ignoring our rights demonstrates how important the injunction and other relief ordered by Justice Conteh were. For this reason, our communities have decided to appeal to the Caribbean Court of Justice those portions of the Court of Appeal judgment that removed lawfully ordered protection of our rights. Even as we appeal, we would prefer to resolve these issues through dialogue with our government on the premise that our land rights exist. We remain committed to dialogue based on good faith. As a people we will fulfill our obligation to protect our rights and our lands. We ask that the international community, human rights organizations and United Nations bodies to continue monitoring the relationship between the Maya people and the government of Belize very closely.” (Source: September 5th, 2013. Cristina Coc – Maya Leaders Alliance - (501) 637-5611).
“Belize: Excluded Communities Finding their Voices through Community Radio,” September 5, 2013, http://www.culturalsurvival.org/news/belize-excluded-communities-finding-their-voices-through-community- radio#sthash.sRb8gbhk.dpuf, reported, “During the last week of August 2013, Cultural Survival's team traveled to Belize for the implementation of one of our newest community radio projects. This new project is aimed at improving integration for Indigenous communities in Central America through community radio. As a
121 result of this project, we are expanding our Guatemalan community radio network to include a radio station in Belize and a radio station in El Salvador. We are holding exchanges, workshops and a forum for youth from all of the radios involved. The events are aimed at getting youth excited about using community radio as a tool for integration and development, and teaching them how to do so.” While walking near the community “through these swampy waters, the extent of the exclusion that many of these communities experience became clear. It is a common occurrence that these communities cannot be reached by vehicle. As well, the San Benito Poite community, like many others in the Toledo district, has no electricity. However, the majority of families have a battery-powered radio in their houses, where they can listen to their community radio station. When disasters occur, they can call the radio and inform the volunteers that they need help. This is one of the ways that community radio can help with extreme exclusion. As part of our project, Tumul K’in team is currently conducting surveys in these communities to ask them directly what they need and want from their community radio station. In this way, the communities can make decisions about how they want their community radio station to serve their communities. Community radio is an indispensable tool for minimizing exclusion. Without the help of Ak’Kutan Radio in Blue Creek, Belize, there would be no way of communicating to the outside world when communities like San Benito Poite experience flooding or other problems. Through this project, we will be directly involving youth from communities such as these in the radio, enabling them to represent their communities, helping to better integrate them with the greater Belizean and Central American communities.“
“Indian tribe blocks Pan-American Highway to protest land invasion,” Survival International, July 23, 2013, http://www.survivalinternational.org/news/9394, reported, “A key South American highway connecting Paraguay and Bolivia is being blocked by an Indian tribe angry at the destruction of their rapidly-shrinking island of forest. Ayoreo Indians today blocked the Trans-Chaco Highway, which forms part of the Pan-American Highway, and have vowed to maintain their protest until outsiders who have occupied their land are removed. The Indians are angry about the illegal invasion of their land by two Paraguayan farmers, in an area to which the Ayoreo secured official land title 16 years ago. The farmers and their workers have erected cattle fences and bulldozed wide tracks, and claim that the land belongs to them. They were guarded by police, to prevent any attempt on the Ayoreos’ part to stop the work. Although most members of the Ayoreo tribe are contacted, some groups are known to remain uncontacted in the forest in the area now under threat. The Ayoreo have said to Survival International, ‘We don’t want any outsiders in our territory – it’s dangerous for us, and dangerous for our relatives in the forest. We’ll stay here [on the road] until all the outsiders leave our land.’” “Another casualty of ‘progress’: Ayoreo TB epidemic claims latest victim,” Survival International,” October 28, 2013, http://www.survivalinternational.org/news/9680, reported, “Chiri Etacore, an Ayoreo- Totobiegosode man forced out of his forest home in the name of ‘progress’, has died from a lung disease. He is the latest victim of an epidemic of TB and similar diseases devastating Paraguay’s Ayoreo-Totobiegosode villages. The Ayoreo are the indigenous inhabitants of northern Paraguay and Bolivia. Most have been forcibly contacted and settled, but some remain in the forest, avoiding contact with outsiders. Chiri was one of a large group of Ayoreo captured in a ‘manhunt’ in 1986, an expedition assisted by the fundamentalist missionary organization New Tribes Mission. The incident prompted global outrage, and a successful Survival International campaign to prevent any further missions to forcibly contact isolated Indians. Chiri, like many other Ayoreo who have been forced out of the forest, suffered chronic lung disease ever since – a sign of the neglect of recently-contacted Ayoreo communities by Paraguay’s medical services.” “Peru repeals official report on threats to uncontacted tribes,” Survival International, August 9, 2013, http://www.survivalinternational.org/news/9454, reported, “Peru’s Prime Minister has announced that his government has scrapped an official report warning of the dangers a controversial gas project poses to uncontacted tribes. It is another sign of the intense pressure from the top of Peru’s government to push ahead with the project. The report was published by the government department responsible for indigenous affairs – the Ministry of Culture – in response to plans to expand the giant Camisea gas project in Peru’s south-east Amazon. The gas project lies in the heart of a reserve created to protect several uncontacted and isolated tribes. The report contains 83 ‘observations’ outlining the dangers the expansion plans pose to the 122 lives of local tribal peoples. It was pulled from the Ministry’s website just hours after it was published, and now the government has repealed it entirely. Peru’s Ministry of Culture is responsible for protecting the rights of indigenous peoples, and could reject the plans to expand the gas project further into the tribes’ reserve. The scrapping of the report has been blasted by indigenous organizations and some Peruvian press as a tactic by the government to push the gas plans forward, despite widespread opposition. Nahua Indians, who were decimated following initial gas exploration in the area, have written to the Ministry rejecting the project plans, and several ministers have resigned, allegedly under pressure to give the project the green light.” At least three ministers resigned from the government over its plans to allow the extraction project (“Peruvian ministers resign over Amazon gas project,” Survival International, August 6, 2013, http://www.survivalinternational.org/news/9410). "Waorani men arrested over killings of uncontacted Indians," Survival Internationalm, December 7, 2013, http://www.survivalinternational.org/news/9807, reported, "Six Waorani Indians have been arrested over the killing last April of an unknown number of uncontacted Taromenane Indians in Ecuador’s Yasuni National Park. The Waorani and Taromenane are inter-related tribes from Ecuador’s east Amazon region. Waorani were contacted and settled into communities by missionaries from the 1950s, but the Taromenane continue to resist all contact with mainstream society. The alleged attack occurred in April 2013 following the murder of a Waorani couple, Ompore Omeway and his wife Buganei Cayga. The Waorani have been charged with entering the Taromenane’s forest and carrying out a revenge attack." "Ecuador’s government has been heavily criticized for its failure to prevent the revenge killings of the Taromenane that many had predicted. Indigenous organizations in the country have blamed the intense oil exploration and drilling in the area and the illegal colonization of Waorani lands for exacerbating inter-ethnic tensions, and for bringing once-separate groups into close proximity. In November, President Rafael Correa opened up the Yasuni Park to oil exploration following a failed attempt to gather international support and finance to protect the land and keep the oil underground. “Yanomami denounce illegal miners and lack of health care,” Survival International, November 5, 2013, http://www.survivalinternational.org/news/9711, reported, Yanomami Indians from Brazil and Venezuela met, in October, “in Venezuela to discuss indigenous rights and national policies. Government officials from both countries, indigenous organizations and NGOs working with the Yanomami also attended. Health issues and the impact of gold-mining were debated. Many Yanomami in both countries continue to suffer hugely from the impacts of illegal gold-miners on their land. In an open letter the Yanomami state that, ‘The situation on the frontier of Brazil and Venezuela is very serious; many illegal mining camps are established here which produce violence, epidemics, the destruction of our lands and contamination of the rivers… It is not possible to enjoy good health if our land is not protected. ‘It is also important to understand that for good health and the protection of our lands we need joint actions by both governments which include indigenous participation.’ They call for the Yanomami territory in Venezuela to be mapped out and fully recognized in Venezuela in accordance with the constitution, which guarantees indigenous peoples’ collective land rights. The letter expresses their huge concerns about both governments’ intention to open up Yanomami and other tribes’ land for large scale mining: ‘We want to be consulted about these projects, which we oppose because they threaten our lives.’ Those at the meeting recalled the massacre of 16 Yanomami by a group of gold-miners at Haximu twenty years ago. Representatives from the Yanomami organizations Horonami and Hutukara warned this could happen again if both governments do not put in place proper measures to stop the invasion of gold-miners. In August the UN expressed its grave concern at the impunity for illegal miners who commit acts of aggression and violence against the Yanomami. It called on Venezuela to carry out an ‘exhaustive’ investigation into those responsible for violent crimes against the Yanomami, and the Yukpa tribe of western Venezuela, and punish them accordingly. The UN report states that the violence against the Yukpa at the hands of landowners is a consequence of the government’s failure to demarcate the tribe’s land and urges it to accelerate the demarcation of their territories. “Brazil: Congressional bill would be ‘unmitigated disaster’ for Indians,” Survival International, July 20, 2013, http://www.survivalinternational.org/news/9413, reported, “Brazil’s Congress is currently debating a controversial bill to open up indigenous territories for mining, dams, army bases and other industrial 123 projects. If it becomes law, the bill would be an ‘unmitigated disaster’ for Brazil’s Indians. Most indigenous peoples rely on their lands to sustain themselves physically and culturally. Uncontacted Indians are particularly vulnerable and without their forests intact, they will not survive. The Brazilian constitution currently guarantees the Indians’ right to exclusive use of their land, except in extreme circumstances of ‘relevant public interest’. The new proposal, known as Draft Bill 227, is part of a wave of moves to weaken indigenous rights, being pushed by Brazil’s powerful rural lobby group. It is supported by several members of Congress, some of whom have reportedly received funds from mining and agri-business companies including Bunge, which is buying sugarcane grown on the Guarani tribe’s land. Indigenous peoples across the country are expressing their anger at this move, which has been branded an ‘anti-indigenous maneuver’ by tribes of Rondonia state in the western Brazilian Amazon. They say, ‘We want our anger at this serious insult to our constitutional rights to be heard nationally and all over the world… In the name of ‘progress’, [the government] kills rivers, forests and human beings… We will continue to resist, and fight to construct a new system of indigenist politics which is democratic and in line with our aspirations.’ Earlier this month, President Rousseff met with indigenous leaders for the first time since she took office in January 2011. She promised to listen to indigenous peoples, and stand alongside them in their fight against legislation which violates their rights. No indigenous people have been consulted about this proposed law. Survival is urging the Brazilian government to scrap Draft Bill 227 immediately.” “Brazil: Female chief leads re-occupation of ancestral land after her three children die,” Survival International, September 18, 2013, http://www.survivalinternational.org/news/9571, reported, “Guarani Indians have carried out a courageous ‘retomada’ (re-occupation) of the sugar cane plantation that has taken over their ancestral land. The group is led by a female chief who has seen her husband and three of her children die on the roadside where they have lived for ten years. Their roadside camp was mysteriously destroyed in a fire last month and gunmen threatened to kill them. The same camp was torched by gunmen in 2009. In a statement released on Monday, Damiana Cavanha, the leader of the Apy Ka’y community, said, ’We decided to reoccupy part of our traditional land where there is a well of good water and a bit of remaining forest. ‘We decided to return to the land where three of our children, who were run over and torn apart by vehicles belonging to the ranches, are buried; where two leaders who were assassinated by gunmen employed by the ranchers, and where a 70 year old shaman who died from inhaling pesticides sprayed from a crop-spraying plane, are also buried.’ This is the fourth time the Apy Ka’y community has re-occupied its ‘tekoha’ (ancestral land) in Brazil’s Mato Grosso do Sul state since ranchers moved in almost 15 years ago. Every time the Guarani returned, the ranchers evicted them by force and the community has been living by the side of the road in squalid and perilous conditions for the last ten years. The Apy Ka’y Guarani are now at great risk. They have already received three death threats and say that an attempt was made to poison their water supply after the re-occupation on Sunday. The ranch that has taken over their land is now employing a notorious security firm to intimidate the Indians. Public Prosecutors in Brazil have described the firm, Gaspem, as a ‘private militia’, and called for it to be closed down. A 2009 report on the community’s treatment for the Public Prosecutor’s office concluded, ‘it is no exaggeration to talk of genocide.’ Damiana added in the statement, ’Faced with the threat of death, the loss of our relatives and so much suffering and pain, we decided for the fourth time to reoccupy our land, Apy Ka’y, on 15 September 2013. ‘We have decided to fight and die for our land.’ The situation of the Apy Ka’y is not unusual for the Guarani in Brazil, who are becoming increasingly desperate as they suffer violent attacks at the hands of ranchers occupying their ancestral land. Disillusioned by the government’s slow progress in demarcating their land, several Guarani communities have carried out retomadas in recent years. Survival’s Director Stephen Corry said today, ‘The government’s failure to restore land to the Guarani is shameful and illegal, and has been catastrophic for the Indians. President Rousseff is clearly in thrall to the agricultural lobby, which is immensely powerful and influential, and seems prepared to simply ignore her obligations under the law. In these circumstances, it isn’t surprising that the Guarani are taking matters into their own hands. They desperately need support, or they are likely to be evicted and attacked yet again.’” Download the community’s full statement (English translation, pdf, 50 kB) at: http://assets.survivalinternational.org/documents/1071/guarani-declaration.pdf. On December 1, 2013, as reported by, " Breaking news: Guarani leader and film-star murdered" Survival International, December 3, 2013, http://www.survivalinternational.org/news/9797, Guarani Indian leader and
124 film-star Ambrósio Vilhalva was murdered on Sunday night, after decades of campaigning for his tribe’s right to live on their ancestral land. Ambrósio was reportedly stabbed at the entrance to his community, known as Guyra Roká, in Brazil’s Mato Grosso do Sul state. He was found dead in his hut, with multiple knife wounds. He had been repeatedly threatened in recent months. Ambrósio starred as the main character in the award-winning feature film Birdwatchers, which portrays the Guarani’s desperate struggle for their land. He traveled internationally to speak out about the tribe’s plight, and to push the Brazilian government into protecting Guarani land, as it is legally obliged to do." "Guarani suffer one of the highest murder rates in the world," Survival International, November 22, 2013, http://www.survivalinternational.org/news/9754, reported, "According to Brazilian NGO CIMI, the majority of Indians killed in Brazil are Guarani. In 2012, the rate of assassinations of Guarani was 4 times that of Brazil’s national homicide rate – which is already one of the highest in the world." However, "‘Private militia’ firm ordered to close over Guarani killings," Survival International, September 4, 2013, http://www.survivalinternational.org/news/9534, reported, "Brazil’s Public Prosecutors have called for the closure of a notorious security firm accused of carrying out at least eight brutal attacks on Guarani communities, and of killing at least two of their leaders. Ranchers reportedly paid Gaspem 30,000 reais (US$ 12,700) each time it violently evicted Guarani Indians from their ancestral lands, which are now occupied by ranches and sugarcane plantations. The Prosecutors describe the company as a ‘private militia’ and an ‘organized group which uses violence against the Guarani in the south of Mato Grosso do Sul state, at the hands of brutal people appointed as ’security guards’’. They have called for the company to be dissolved and for 480,000 reais (over US$ 200,000) to be paid to the Guarani in compensation. The Indians have reported that Gaspem employees, known locally as ‘pistoleiros’ (gunmen) have repeatedly threatened to kill the Guarani of Apy Ka’y community, whose roadside camp was recently devastated by a fire started on the sugarcane plantation which has taken over their land. The gunmen monitor the Indians day and night from a jeep with blacked-out windows, and regularly fire shots towards the Guarani’s camp. The community’s leader, Damiana Cavanha, said last week, ‘The gunmen told me they will kill all of us. But I’ll continue fighting for our ancestral land.’ Gaspem is being investigated for its possible involvement in the torching of Apy Ka’y in 2009, and for attacking hundreds more Guarani men, women and children who have desperately tried to return to their ancestral land, unable to further tolerate the appalling conditions they are forced to endure in their roadside camps and overcrowded reserves. The firm’s owner, Aurelino Arce, was arrested last year in connection with the murder of Nísio Gomes, Guarani leader of Guaviry community. The Prosecutors’ investigations also found that Gaspem contracted untrained security guards, and that its employees carried weapons illegally." “Awá: Top human rights watchdog demands answers from Brazil,” Survival International, September 13, 2013, http://www.survivalinternational.org/news/9547, reported, “The Inter-American Commission on Human Rights (IACHR), the Americas’ leading human rights body, has demanded answers from the Brazilian government about the plight of the Awá, Earth’s most threatened tribe, which is being driven towards extinction by the country’s failure to protect its forest. Following an urgent petition sent to the IACHR by Survival International and Brazilian NGO CIMI in May 2013, the human rights watchdog has pressurized Brazil’s authorities to provide details of the measures being taken to guarantee the survival of the Awá. The Commission’s demand draws attention to the uncontacted Awá, who number only around 100 and are living on the run in their dwindling forest which is being destroyed by an ever-advancing wave of illegal loggers. The IACHR has also questioned the government about a court ruling which demanded that the illegal loggers, settlers and ranchers be evicted from the Awá indigenous territory. The authorities failed to even begin to evict the invaders by the ruling’s deadline, which passed six months ago. Survival is calling on Brazil to conduct the evictions operation as a matter of urgency. The Awá are warning that they are becoming increasingly desperate and unable to hunt and feed their families, as their forest is being destroyed at an alarming pace, threatening their existence as one of the last nomadic hunter-gatherer peoples of the Amazon rainforest. One Awá man said in an appeal to Brazil’s Minister of Justice, ‘I am angry, very angry… The loggers come here and chop down the trees … The Minister of Justice in Brasília can help us here, now. He must help us now!’ Over 53,000 people worldwide have written to the Minister urging him to save the Awá, since film-star Colin Firth launched Survival’s campaign in April 2012. Last month, the Awá’s plight received attention all over Brazil, as media giant O Globo published a front page spread about the tribe and the threats it faces, illustrated by photos by internationally renowned photographer Sebastião
125 Salgado. The Commission is expected to make a final decision on the Awá case later this month [September 2013].” Earlier, “Tanks move in around Earth’s most threatened tribe,” Survival International, July 16, 2013, http://www.survivalinternational.org/news/9376, reported, Survival International has received reports that Brazil’s military has launched a major ground operation against illegal logging around the land of the Awá, Earth’s most threatened tribe. Hundreds of soldiers, police officers and Environment Ministry special agents have flooded the area, backed up with tanks, helicopters and close to a hundred other vehicles, to halt the illegal deforestation which has already destroyed more than 30% of one of the Awá’s indigenous territories. Since the operation reportedly started at the end of June, 2013, at least eight saw mills have been closed and other machinery has been confiscated and destroyed.” “But while the operation is making it more difficult for loggers to enter Awá territory and remove the valuable timber, the forces have not moved onto the Awá’s land itself – where illegal logging is taking place at an alarming rate and where quick action is crucial.” “EU beef imports threaten uncontacted Indians,” Survival International, September 16, 2013, http://www.survivalinternational.org/news/9546, reported, “Forest inhabited by uncontacted Indians in Paraguay is being destroyed to make way for cattle destined for the European market. New satellite images reveal that Brazilian company Yaguarete Pora has been felling forest in the north of Paraguay, the ancestral home of Ayoreo Indians. Some of the Ayoreo are uncontacted and are continually forced to flee from cattle ranchers who have taken over much of their land. Yaguarete is part of the UN Global Compact, an initiative set up to encourage companies to abide by principles that ‘support and respect the protection of internationally proclaimed human rights’. But the company’s work places the lives of the uncontacted Ayoreo in extreme danger. Uncontacted Indians have no immunity to diseases brought by outsiders and could be wiped out if contact occurs with company workers. In a recent report submitted to the UN body, Yaguarete reveals it has already begun cattle ranching on the uncontacted Indians’ land, and that some of the beef is being exported to Europe. However, its report makes no mention of the presence of the uncontacted Indians. Survival has written to the European Commission asking it to investigate its beef imports from the company. In an attempt to ‘greenwash’ its work, the company has set aside part of its land as a ‘private nature reserve’. Yet the land is the ancestral property of the Ayoreo, and they have been claiming title to it for more than 20 years. Many Ayoreo who have already been forced out of the forest have died in recent years, and many others are terminally ill. Paraguay’s forests are being rapidly cleared for cattle farming that supplies European, African, Russian and North American markets. Survival International’s director, Stephen Corry, said today, ‘Yaguarete is flagrantly ignoring the noble principles to which it has signed up, and the UN is seemingly powerless to intervene. This isn’t the first time the company has been caught doing this – when will Paraguay stop them putting Indians’ lives at risk?’” Download Yaguarete’s report to the UN Global Compact (Spanish, pdf, 7 MB) at: http://assets.survivalinternational.org/documents/1064/yaguarete-report-1.pdf.
In Libya, in mid-August, Members of the Berber Indigenous minority, persecuted harshly during the Qaddfi regime, broke into the country’s parliament building demanding greater recognition in the constitution being drafted, and the recognition of the Berber language along with Arabic (“Libya: Berbers Protest in Assembly,” The New York Times, August 14, 2013, http://www.nytimes.com/2013/08/14/world/africa/libya-berbers-protest-in-assembly.html?ref=todayspaper&_r=0). In July, the White House and the National Security Agency were attempting to have the international community pay more attention to the continuing ancient feud between the Neur and Murle people, in te Jonglei State of South Sudan, which has exploded to displace over 100,000 people, threatening a large humanitarian crisis and the possible destabilizing of South Sudan (Mark Landler, “U.S. Pushes for Global Eye on Obscure Conflict in South Sudan,” The New York Times, July 30, 3013). Tuareg separatists in the North of Somalia suspended their peace deal with the government, charging that the government has failed to fulfill its agreement to release prisoners. Tuareg fighters also have violated the agreement, by not staying garrisoned in their bases, and there has been at least one small armed clash between Tuareg and government forces. Further peace negotiations were to begin in November, but are now in doubt (“Rebels in Mali Suspend Peace Deal With Government,” The New York Times, September 26, 2013, 126 http://www.nytimes.com/2013/09/27/world/africa/rebels-in-mali-suspend-peace-deal-with- government.html?ref=world). As there has been an increases in armed clashes between troops of the M23 rebels and government forces near the city of Goma in the Eastern Republic of Congo, despite a cease fire earlier in the year, and a U.N. report found that the rebels were being aided by Rwanda, “U.S. Says Rwanda Aids Congo Rebels,” The New York Times, July 23, 2013, http://www.nytimes.com/2013/07/24/world/africa/us-says-rwanda-aids-congo- rebels.html?ref=world, reported, “The United States on Tuesday called on Rwanda to end support for the M23 rebels in the neighboring Democratic Republic of Congo, saying there was evidence that Rwandan military officials were involved.” ICG, “Understanding Conflict in Eastern Congo (I): The Ruzizi Plain,” Africa Report N°206, July 23, 2013, http://www.crisisgroup.org/en/regions/africa/central-africa/dr-congo/206-comprendre-les-conflits-dans-lest- du-congo-i-la-plaine-de-la-ruzizi.aspx, commented, “The February 2013 framework agreement signed by the UN, African organizations and eleven regional countries, as well as the deployment of an intervention brigade, represent yet another of many attempts to end the crisis in the Kivus. Conflicts in this region, however, stem mainly from competition between communities for land and economic opportunities and require tailored, grassroots solutions that should go beyond a military response and promote local conflict resolution. Those seeking to secure peace in the Kivus should gain sound knowledge of local dynamics and design strategies to tackle the root causes of violence and improve relations between communities. The imperative of pursuing local responses to the crisis is illustrated by the longstanding conflict in the Ruzizi plain, located in Uvira territory at the border of South Kivu and Burundi. In a context of impunity and distrust, the assassination on 25 April 2012 of the Ruzizi plain traditional leader, who belongs to the Barundi community, sparked renewed violence between it and a rival community, the Bafuliro. Despite several reconciliation attempts by the central government and the UN Stabilization Mission in Congo (MONUSCO), tensions persist in 2013. The Bafuliro and Barundi have fought over land and traditional leadership in the Ruzizi plain since colonial times. Tensions remain high because of socio-economic underdevelopment, the mismanagement of land affairs and poor local governance due to weaknesses in provincial and central administration. Instead of acting as secondary figures, traditional chiefs play a leading role in Congo’s politics and administration. Perceived as influential during elections, they are part of political patronage networks and have support in national and provincial institutions. Despite a decade of efforts to rebuild the Congolese state, the government remains ineffective in rural areas, leaving customary chiefs, whose role is recognized by the constitution but not fully defined, virtually in charge. They use their key position between the state and communities to benefit from any state and international investments and to protect their own interests. This fuels conflict, with intercommunal rivalries playing out in state institutions and among local and national politicians. In 2012, aware of the hostility between the Bafuliro and Barundi, MONUSCO and local, provincial and national authorities attempted to mediate between the two communities. But although the leaders of both signed in September 2012 a code of conduct, fighting resumed shortly afterwards. The natural death of the Bafuliro traditional chief in December 2012 has led to a lull in violence, but the conflict, although, dormant, could easily flare up again. The failure of mediation shows that local conflicts need local resolution strategies. These include controlling customary powers, setting up impartial and effective institutions to regulate and administer land, reducing armed violence and initiating intercommunal dialogue. Some of these measures will, admittedly, be more difficult to implement than others. But without an understanding of local issues, the peace process initiated by the UN, African Union (AU), Southern African Development Community (SADC), International Conference on the Great Lakes Region (ICGLR) and regional countries risks addressing symptoms rather than causes of conflict in the Kivus. Stabilization initiatives in eastern Congo have so far been limited to military action against armed groups and top-down state building. This report, the first in a series that focuses on the local politics of conflicts in eastern Congo, recommends a complementary bottom-up approach aimed at improving intercommunal relations and restoring peace at the local level.” ICG recommends: To enhance control of customary powers: To the DRC government and local authorities: 1. Disseminate the laws on customary powers to the population and customary authorities, and train customary chiefs so they can assume their functions in accordance with the law. To improve land management: To the DRC 127 government and local authorities: 2. Develop a land management code for traditional leaders in Uvira territory until more complete land reform that redefines the role of traditional authorities in land management is in place. 3. Provide land management institutions (the local courts and land administration) with human and financial resources; ensure all ethnic groups in Uvira territory are adequately represented in these institutions; and set up a district court in Uvira to bring land justice closer to claimants and speed up procedures. To the UN and donors: 4. Establish, under the auspices of UN-Habitat, a land committee in Uvira territory that will identify the sources of land disputes and define a local land dispute resolution strategy. 5. Increase UN presence and coordination in Uvira by deploying staff of the UN Development Program (UNDP), the UN Food and Agriculture Organization (FAO) and the UN-Habitat who will bring expertise in land dispute resolution and agricultural development to MONUSCO’s office in Uvira. To restore dialogue between communities: To the UN and donors: 6. Commission a study on the local non-governmental organizations involved in conflict resolution in order to identify impartial local partners and strengthen their capacity to mediate disputes. 7. Commission a study to identify all parties to the conflict in order to organize truly inclusive activities to promote peace and intercommunal dialogue. 8. Disseminate, through the consultative local forum, the agreement signed by the Barundi and Bafuliro leaders, organize intercommunal meetings and promote joint development projects. To reduce armed violence: To the DRC government and local authorities: 9. Launch investigations to identify the leaders of the main armed groups, arrest and try them, as well as those responsible for intercommunal clashes, outside South Kivu province. To the DRC government, the UN and donors: 10. Produce a detailed intelligence report about the economic and logistical networks of armed groups that would inform a strategy to cut off their resources. The report should be a joint work of the UN group of experts and the officers of the joint border verification mechanism deployed by the ICGLR. 11. Implement a disarmament, demobilization and reintegration program (DDR) that prioritizes the communities of Uvira territory and the socio-economic reintegration of a majority of former Congolese combatants. 12. Deploy Congolese security forces that are not from South Kivu, increase the number of UN peacekeepers, and ensure both forces prioritize the fight against smuggling. 13. Formalize the mineral trade and use a share of the mining revenues to fund development programs targeting former combatants and the local population.”
“Plans to evict Botswana Bushmen revealed by leaked report,” Survival International, August 15, 2013, http://www.survivalinternational.org/news/9469, reported, “Survival International has obtained detailed plans for the forced relocation of Bushmen by a local council in western Botswana, despite a recent High Court order prohibiting their forced eviction and central government assurances that no evictions would take place. In June, the Bushmen at Ranyane community successfully challenged in court government attempts to remove them from their land and destroy their homes. But the new report – titled ‘Ranyane relocation phase II’ – exposes Ghanzi district council’s plans to start relocating the remaining Bushmen at Ranyane on August 12, 2013, at a cost of almost US $900,000, and to evict ‘those who resist relocation’. Despite the court ruling, the council planned to starve the Bushmen off their land by: stopping the provision of services such as basic rations, pensions and health services; cutting off their water supply; and destroying sanitation and health facilities. In the June court case the Ranyane Bushmen were represented by British advocate Gordon Bennett, but since the ruling Mr. Bennett has been controversially barred from re-entering Botswana. He was due to represent his long- standing clients, the Bushmen of the Central Kalahari Game Reserve, last month. Current plans to evict the Ranyane Bushmen bear striking similarities to the brutal evictions of the Bushmen of the Central Kalahari Game Reserve between 1997 and 2002, when hundreds of Bushmen were forced from their ancestral land and their water borehole was cut off. The evictions were later deemed ‘unlawful and unconstitutional’ by Botswana’s High Court in a landmark ruling in 2006. The central government has disassociated itself from the council’s plans and said in a statement: ‘… under no circumstances should [the council] or anyone else engage in any acts that may reasonably be regarded as an attempt to forcibly relocate those residents who wish to remain behind.’ Survival’s Director Stephen Corry said today, ‘In an apparent u-turn, the central government has categorically stated that Ranyane residents should not be forcibly evicted. The world is now watching to ensure it keeps its word. Botswana citizens might ask what it means for democracy, law and order in their country when local officials willfully ignore the word of the country’s highest court? When will the Botswana regime call an end to this relentless and cruel
128 persecution? Justice is far too long in coming.’” Download the full report ‘Ranyane relocation phase II’ (pdf, 1.6 Mb) at: http://www. survivalinternational.org/news/9469. Download the June High Court order (pdf, 361 kb) at: http://assets.survivalinternational.org/documents/999/ranyanecase002.pdf. In late November, " Exposed: fracking licenses granted in Bushmen’s reserve," Survival International, November 25, 2013, , reported, "Large parts of Botswana’s Central Kalahari Game Reserve (CKGR) – home to Africa’s last hunting Bushmen – have been opened up to international companies for the controversial practice of ‘fracking’, according to an investigation for the documentary film ‘The High Cost of Cheap Gas’ and British newspaper The Guardian. A leaked map shows that exploration concessions have been granted for half of the CKGR – a reserve larger than Switzerland – raising fears of land grabbing, a drop in water levels and irreparable damage to a fragile ecosystem essential for the survival of the Bushmen and the reserve’s wildlife. The documentary reveals that Botswana has granted lucrative licenses to companies such as Australian Tlou Energy and African Coal and Gas Corporation, without consulting the Bushmen. While Botswana’s government has denied any fracking in Botswana, Tlou has already started drilling exploratory wells for coalbed methane on the traditional hunting territory of the Bushmen. The revelations expose the hypocrisy of Botswana’s President Ian Khama, who is a board member of Conservation International. Khama’s government has been heavily promoting tourism to the CKGR while driving the Bushmen off their land in the name of conservation. CKGR Bushman Jumanda Gakelebone said, ‘The government is doing everything it can to try to destroy us. They have lied in the past about diamond mining, and said there is no diamond mining in the CKGR, but now there is a functioning mine in the Reserve. Fracking is going to destroy our environment and if the environment is destroyed our livelihoods are too.’ The Kalahari Bushmen have been suffering persecution at the hands of the Botswana government for decades. Despite winning two court cases which granted them the right to live, hunt and access water in the CKGR, they are forced to apply for restrictive permits to enter the reserve, and are routinely arrested for hunting. Survival International has written to those companies with concessions in the CKGR, and has called for a boycott of Botswana tourism until the Bushmen are allowed to live freely on their land. Survival’s Director Stephen Corry said, ‘This revelation shows once and for all that forced evictions of Bushmen from the CKGR have nothing to do with conservation and everything to do with paving the way for extractive industries to plunder Bushman land. Why does President Khama continue to receive prizes for his ’conservation’ efforts? It’s an absolute scandal that Conservation International accepts on its board a man who has opened up the world’s second biggest wildlife reserve to fracking, whilst persecuting the Bushmen whose home it is in the name of conservation.’ To download the map (Pdf, 1.7 Mb) go to: http://assets.survivalinternational.org/documents/1116/bots-bush-concession- map2012.pdf. "Top human rights watchdog investigates Ethiopia and Botswana," Survival International, November 27, 2013, http://www.survivalinternational.org/news/9777, reported, The African Commission on Human and Peoples’ Rights (ACHPR), the region’s top human rights body, has called for the forced relocation of thousands of tribal people in Ethiopia to be halted, and has raised concerns over the denial of rights of Botswana’s Bushmen. The Commission urged Ethiopia to stop the forced resettlement of the Lower Omo Valley tribes to make way for vast plantations, while it investigates allegations of human rights violations. Ethiopia’s policy of ‘villagization’ is enforced by the military, and numerous reports of killings, beating, rapes, and imprisonment of local tribal people have surfaced – which both Ethiopia’s largest single donors, the UK Department for International Development (DFID) and USAID, are aware of. A recent report, ‘Ignoring abuse in Ethiopia: DFID and USAID in the Lower Omo Valley’ by the Oakland Institute, revealed that despite investigations by the donor agencies which uncovered grave human rights violations, the agencies failed to take any action and have called the allegations ‘unsubstantiated’. The report further states, ‘These agencies give virtually unconditional financial, political, and moral support to the Ethiopian government and DFID currently spends a larger proportion of its overseas aid budget on Ethiopia than any other country … they are willful accomplices and supporters of a development strategy that will have irreversible devastating impacts on the environment and natural resources and will destroy the livelihoods of hundreds of thousands of indigenous people.’ The ACHPR has also sent an ‘urgent appeal’ to the President of Botswana for denying the Bushmen their right to legal counsel. The Bushmen’s lawyer Gordon Bennett was barred in July from entering the country ahead of a vital court case concerning the Bushmen’s right to their land. The
129 Botswana government is doing everything in its power to drive the Bushmen from their land: as a result, Survival International has called for tourists to boycott the country. Recent revelations of large-scale fracking concessions on Bushman land have reinforced fears that the government is clearing the area for natural resource extraction." To download the report ‘Ignoring abuse in Ethiopia: DFID and USAID in the Lower Omo Valley’ (pdf, 3.1 MB) go to: http://www.oaklandinstitute.org/sites/oaklandinstitute.org/files/OI_Brief_Ignoring_Abuse_Ethiopia_0.pdf. Curtis Kline at Intercontinental Cry, “Campaign Update – Cameroon: Herakles Farms to Sell off Plantation, Cultural Survival, September 24, 2013, http://www.culturalsurvival.org/news/campaign-update- cameroon-herakles-farms-sell-plantation, reported, “The proposed 76,000 hectare palm oil plantation in Southwest Cameroon by New York based Herakles Farms has been a major source of controversy since the project was announced in 2009. Recently, the controversy was centered on the Cameroonian government's decision to lift a suspension of the project with no explanation after issuing it just two weeks earlier. The suspension followed frequent protests by human rights organizations, environmental groups and the Bassossi, Upper Balong, Nguti, Oroko, Bakossi, and Upper Bayang Indigenous Peoples. Now the local Indigenous communities--who are faced with displacement and the loss of their forest and livelihoods--are hearing reports that Herakles Farms’ Cameroonian subsidiary, Sithe Global-Sustainable Oils Cameroon (SG-SOC), is looking to sell off its existing plantations rather than shut down completely. Chief Tabi Napolean of Baro-Upper Balong, one of the villages located in the project area, has said that his people were never informed about the realities of the scheme. In an article from the Thompson Reuters Foundation, Chief Tabi Napolean stated that ‘We were only told a plantation was coming to our community, bringing employment opportunities to our youths. Now we realize our forest - which is our main source of living - is gradually being destroyed, putting the future of our children in jeopardy’. A report issued by Nature Cameroon, Struggle to Economize Future Environment (SEFE), and Green Peace says that Herakles is in the process of selling its nurseries to PAMOL, a state-owned palm oil company. Nasako Besingi, director of SEFE, says ‘Herakles Farms – which has leased land from the government for a period of 99 years – plans to sell off its plantations in 2017 to interested investors in a move that would completely quash the Indigenous community’s hope of regaining ownership of the land’. The affected communities in Nguti division nevertheless believe that their chances of stopping the project remain strong. This is because of a recent study by Dschang University, in collaboration with the University of Gottingen and supported by Green Peace International, SAVE Wildlife and WWF Germany. According to the study, Herakles’ claim that the project is of little conservation value is a “severe misrepresentation”. The research found that the area is home to endangered chimpanzees, other primates, fish species and forest elephants. A recent tour by Nature Cameroon, SEFE, and Green Peace also found evidence of illegal logging in the massive concession area. Irene Wabiwa, Forest Campaigner at Green Peace states that, Herakles Farms announced the suspension in a press release on May 18 and the suspension was lifted on May 29. However, during this tour, photos were taken of logs stacked in the concession area and stamped with "May 22", implying they were cut down during the suspension. The press release Herakles issued announcing the suspension ironically states that Herakles “always has and will comply fully and transparently with government regulations and force”. The regent of an affected village, Adolf Ebong Ndbe has said “How can they enter our land without Permission? In the future we are worried that our children will not even get to see the animals that live in the area.” Now, just this week, the Divisional Officer of Nguti Subdivision suspended the activities of Nature Cameroon. Referring to ‘incitement to rebellion and disturbance of public order” the suspension prohibits the local organization--involved in protection and conservation of the environment--from voicing the displeasure that local communities have with the project. The Cameroonian government has said it is reviewing the Establishment Convention signed in 2009 between then Minister of Plan and Regional Development, Louis Paul Motaze and SG SOC.”
Ben Ole Koissaba, “President Uhuru and Vice-President Ruto Forestall Escalation of Maasai/Kikuyu Conflict in Kenya,” August 2, 2013, http://www.culturalsurvival.org/news/president-uhuru-and-vice-president- ruto-forestall-escalation-maasaikikuyu-conflict-kenya#sthash.V2gKjcH8.dpuf, reported, “The president of Kenya Uhuru Kenyatta and the vice-president William Ruto on August 1, 2013 forestalled the escalation of the Maasai/Kikuyu conflict arising from the forceful eviction and burning and destruction of Maasai property
130 at Narasha in Naivasha County in South Rift in Kenya. The visit to Narasha by the president and the vice- president is as a result of the Maasai resolute declaration of not only demanding compensation for loss of life and property but demanded the arrest of all the government officials who took part in the dawn raid on the July 26, 2013 that left 250 houses burnt, over 2000 families rendered homeless, 600 children not attending school and several still missing. The aftermath of the destruction raised tension between the Maasai and the Kikuyu with most Maasai members of parliament elected through the ruling Jubilee Alliance threatening to defect from the party. The Maasai anger was witness on July 28, 2013 when government officials were forcefully ejected from a prayer meeting by the Maasai who used all manner of weapons to smash government cars as the government officials fled for their dear life from the meeting. The Maasai move and declarations regarding the raids prompted the Maasai to unilaterally declare that: No Maasai shall move out of the land All people who lost property should be compensated; All perpetrators of the act should be arrested. The Maasai gave ultimatum to the government that if their demands are not met, then the country should brace for an all-out exodus of Kikuyus from any parts of Maasailand in Kenya. This and the proposed visit by Kenya’s former Prime Minister Raila Odinga to Narasha is believed to be what prompted the president and vice- president to intervene by appointing a committee comprising of 8 elders form the warring communities, 2 members of parliament and the cabinet secretary in charge of internal security who happens to be a Maasai to look into the issue.” “The truce hopefully will hold but given the historical and magnitude and nature of the problem of land ownership in Kenya, the piece meal and quick fix the president is using may not provide a lasting solution. The Maasai claim ancestral ownership of most of the disputed land but on the other hand Kikuyus from central province hold title deeds for the land despite not even living there. This for President Kenyatta is a nightmare because the resettlement of the Kikuyus was done by his father who was the first president of Kenya. For Uhuru it is a must not happen situation especially if the Maasai make true their threats of ejecting Kikuyus from Maasai land where they have used the tyranny of numbers, government support and economic power to buy land all over Maasai land. The other suspicion is that from the president’s own words, there is “political incitement”. This is an expression that is a pointer to the unease the president has on solving the land questions and wants to blame any acts by the Maasai to protect their ancestral land on the opposition.”
Ben Ole Koissaba, “Corruption and Impunity Entrenching Illegal Dispossession of Maasai Land in Kenya,” Cultural Survival, August 19, 2013, http://www.culturalsurvival.org/news/corruption-and-impunity-entrenching- illegal-dispossession-maasai-land-kenya#sthash.vkTiq1YD.dpuf, reported, “Land is an emotive issue in Kenya and has been associated with the many tribal clashes that have led to loss of life, destruction of property and displacement of thousands of people. The post- independence Kenya Government has had a dark history among the Indigenous Maasai people. The enactment of laws and legislations that ignored traditional land right and land use practices have taken advantage of the high illiteracy levels of the Maasai, corruption and greed for land by government officials with blessing from state offices has contributed to wanton, grabbing, alienation and dispossession. The laws and policies on the MAA people’s land in Kenya have been extremely devastating and exploitative. They are not sympathetic to the plight of the Maasai people. The policies are not sensitive to the livestock or the pastoralist lifestyle. There has been a deliberate misconception of the pastoralism and livestock socio – economic lifestyle which has been viewed as being primitive and unproductive. The introduction of Group Ranches and private ownership of community land has not only been used as a mechanism to use officialdom to alienate Maasai land but it has resulted in creating a whole community of landless women, children and other vulnerable members of the community. A phenomenon that has clearly pushed for the dispossession is the subdivision of Group Ranches in Kajiado and Narok Counties which has not only led to illegal allocation of non- deserving non-indigenous communities, but has introduced a discriminatory system where corrupt group leaders have been used by government officials to sell community land. Starting from Illodo-Ariak, Ilkesumeti and Mosiro Group Ranches in the late 1980s to late 1990s, where vast tracks of land was illegally alienated from the Maasai and allocated to senior government officials, the forceful evictions in Eland Dawns in Laikipia, the most recent forceful evictions in Narasha, the pending land related disputes in Kamorora, Shompole, Namuncha, Mau, and the Kitengela Export Processing zone which was annexed from Kajiado without Free, Prior and Informed Consent of the Maasai are potent areas for ethnic clashes in the near future. The government of Kenya seems to have adopted a "don’t see evil, don’t hear evil and even don’t talk evil" attitude,
131 and the events of the past that precipitated tribal clashes is evident in what is currently happening at Elangata Wuas Group Ranch in Kajiado County. The Residents of Elang’ata Wuas group petitioned the National Land Commission over fraudulent land transactions. The petition has documented deep state supported corruption where group ranch officials are giving out land to non-registered members and fraudulently allocating land to themselves and family members, and the local lands office with the knowledge of senior government officials legalize such transactions by issuing Title Deeds. The reports also accuse the officials of selling public land to outsiders as well as doubling as land brokers – a process that’s giving investors unfair advantage over the poor and ill-informed landowners in the area. The officials are said to have made double allocations to themselves and are making a killing by selling the land to investors. The process has contributed to dispossession of the poor, widows and disabled who have either been excluded from land ownership or pushed to the periphery. Elang’ata Wuas group ranch was dissolved by members in 1990s and the process of subdividing and allocating members individual parcels of land has been doing on for several years. An elected committee is in charge of this process. This process of land subdivision has not only been marred by illegal alienation, acquisition and sale of individual and public land, land extortion, forceful relocation and disinheritance, said the letter to the National Land Commission, but it goes contrary to all laws of natural justices, the constitution and all International legal statutes on human rights.” “The role of government’s institutions at the county lever have significantly perpetrated these land injustices by failing to honestly and adequately address them on a number of occasions, and in according to the law. The residents are recommending that a thorough audit of Elang’ata Wuas land subdivision be carried out and all land sales in the area be stopped. Going by past events, the Maasai have a herculean task in seeking redress given that due to high handedness responses by government and use of brute force, and the legal processes which itself is corrupt. The government has in the past responded by using the police to kill, maim and arrest the Maasai whenever they challenged such government supported land allocation processes. Secondly, the current government which came to power after a highly charged and disputed election has not shown any resolve to support the National Land Commission given the fact that not only were their plans curtailed by meager allocation of finances, but there is a plan to place it under a government department contrary to the constitutional provisions that entrench its independence. The other body that might be of help to the Maasai is the Ethics and Anti-Corruption Commission which is also a constitutional body created to fight corruption but has been bogged down by political intrigues that have seen it deliver as expected. From the on goings at Elangata Wuas Group Ranch and the hundreds of other land related cases the Maasai have filed in courts, the situation is a recipe for potential clashes of higher magnitudes than any other that Kenya may have experienced in the past.” Israel wass planning to move thousands of the Bedouins who live in the Negev to new villages, promising improvd living conditions, education, job training and jobs, though it continues to refrain frim realeasing details, including which Bedouin villages would be moved. Most Bedouins stromngly object from being moved from their own land, where they have lived nad farmed for generations, saying they have not been adequately consulted and Israel has paid no attention to their own development plan, and they have significant international support as well, as well as from Jewish progressive and peace organizations. As a result, Jewish Voice for Peace (1611 Telegraph Ave, Suite 550, Oakland, CA 94612, (510)465-1777, [email protected] announced. Decamber 12, 2013, that the Prawer Plan to move many of th Bedouins has been canceleled, at least temporarily (Jodi Ruden, "In an Israeli Plan, Bedouins See a Threat to Their Way of Life," The New York Times, December 7, 2013, http://www.nytimes.com/2013/12/08/world/middleeast/in-an-israeli-plan-bedouins-see-a-threat-to-their-way-of- life.html?ref=todayspaper&_r=0). The Uighurs, the overwhelming majority in their region in Western China, have been complaining that bias against them is increasing, illustrated by the clear majority of government jobs are not open to them (Andrew Jacobs, “Uighurs in China Say Bias Is Growing,” The New York Times, October 7, 2013, http://www.nytimes.com/2013/10/08/world/asia/uighurs-in-china-say-bias-is-growing.html?ref=world&_r=0). Violence continues to occur in Xinjiang, exemplified by, Jane Perlez, “9 Attackers and 2 Officers Reported Killed in Tense Western China,” The New York Times, November 17, 2013, http://www.nytimes.com/2013/11/18/world/asia/police-station-attackers-killed-in-western-
132 china.html?ref=todayspaper, reported, “Nine assailants were shot and killed Saturday night after they tried to storm a police station in the restive western province of Xinjiang, the state-run Xinhua news agency and Radio Free Asia said. Two police officers also died in the attack.” “Real ‘Avatar’ tribe deals fatal blow to Vedanta mine,” August 19 2013, http://www.survivalinternational.org/news/9478, reported, “India’s Dongria Kondh tribe has overwhelmingly rejected plans by notorious British mining giant Vedanta Resources for an open-pit bauxite mine in their sacred Niyamgiri Hills, in an unprecedented triumph for tribal rights. Twelve Dongria villages have now unanimously voted against Vedanta’s mine during consultations ordered by India’s Supreme Court in April 2013, because their religious, cultural and social rights would be jeopardized if mining were to go ahead.” “The mine would destroy the forests and disrupt the rivers in the Niyamgiri Hills, which are central to the livelihood and identity of the 8,000-strong tribe, whose struggle has been likened to the Hollywood blockbuster ‘Avatar’. The mine would spell the end of the Dongria as a self-sufficient people.” “The results of the consultations will now be considered by India’s Ministry of Environment and Forests, who will have the final say on the mine – but few still believe that the mine will be given the green light. The overwhelming rejection by the Dongria Kondh has dealt a death blow to Vedanta’s mining plans in Odisha state and contradicts statements made by the company, such as, ‘It is our sincerely held belief, which is based on our extensive consultation activities, that the vast majority of the local population, including several indigenous peoples, the wider population of Orissa and other important stakeholders have welcomed the setting up of our project.’” “Jarawa face year-round threat from ‘human safaris’ under new government plans,” Cultural Survival September 27, 2013, http://www.survivalinternational.org/news/9598, reported, “As the world marks World Tourism Day, the administration of India’s Andamans is preparing to promote the islands from a seasonal to an all-year tourist destination, giving the Jarawa tribe no respite from tourists taking ‘human safaris’ through their forest home. Currently the season runs from September to May, when thousands of tourists take the ‘human safaris’ every week as they drive through the tribe’s forest to ogle at the recently contacted Jarawa. But now the tribe will have to face this high level of intrusion all year round. A local taxi driver said, ‘Some people go there to give them biscuits and take pictures … Just looking at them is a game, you know? This is like an entertainment.’ Mr. C. G. Vijay from the Directorate of Information, Publicity and Tourism recently announced plans for the promotion of activities such as ‘forest safaris and hiking for promoting the Islands as all-season destinations’ at tourism fairs in India and abroad. The announcement has caused alarm amongst those concerned for the hunter-gatherer Jarawa tribe. Survival Director Stephen Corry said today, ‘Before the Andaman authorities starts to market the islands as a year-round tourist destination it should first get its house in order. ‘Human safaris’ into the Jarawa’s forest are an affront to human dignity – the idea that the Jarawa will not even have respite from this intrusion into their lives during the rainy season, doesn’t bear thinking about’. Thousands have pledged not to visit the Andaman Islands since Survival launched a boycott earlier this year, calling for visitors to stay away until tourists are banned from the road through the Jarawa’s forest and an alternative sea route is put in place. The Andaman administration has committed to opening up an alternative sea route by March 2015, but even this lamentably late date is looking questionable as the plans are still awaiting environmental clearance from Delhi.” “Attempts to manipulate Jarawa backfire with arrests,” Survival International, October 14, 2013, http://www.survivalinternational.org/news/9654, reported, “Attempts by poachers to manipulate members of the Jarawa tribe in India’s Andaman Islands have backfired following swift action by the authorities. Five poachers have now been arrested and face up to seven years in prison. On October 3, a story emerged in the Andaman press that a group of ten Jarawa had left the forest demanding to meet with the Lieutenant Governor of the islands. They reportedly demanded iron tools and food, claiming they were hungry because they weren’t given food by the authorities. They were quoted as saying, ‘We want our children to study in school, like children of Onge. We also want to become rich’. For many, these demands did not ring true, as the hunter-gatherer Jarawa have shown no sign of wishing to enter the mainstream. The motive behind their demands became clearer when a local leader, who had originally alerted the media to the story, told the Andaman Chronicle, ‘They want to come into the mainstream… There are so many uninhabited islands. Why can’t the Administration settle them in one of the islands? In this way the settlers will also be able to live in peace.’ The administration responded swiftly and the
133 following day a team was sent to investigate. They found that five people, who allegedly have a long history of poaching in the Jarawa’s forest, had entered the Jarawa’s reserve and apparently prompted the Jarawa to make these demands. The authorities also report that the suspects were found to have supplied alcohol to the Jarawa. The five have been arrested and charged with violating the regulations that protect the tribe and their land. This carries a prison sentence of up to seven years. The theft of the animals that the Jarawa rely on is a huge threat to the very existence of the tribe. The introduction of liquor to the Jarawa is also extremely dangerous. It could lead to a crippling dependency, not just on alcohol, but also on those from outside who can provide it. This would rob the Jarawa of their self-sufficiency – they have thrived on the islands for up to 55,000 years. Survival has long been calling for greater action against local poachers who remain a serious threat to the tribe. Survival’s Director, Stephen Corry has welcomed the swift action that the Andaman authorities have taken in this case and the message that it sends out to others who invade the Jarawa’s forest.” “Success: Soliga tribe’s forest rights upheld in court,” Survival International, June 19, 2013, http://www.survivalinternational.org/news/9328, reported, “A village belonging to the Soliga tribe in southern India has won an important court victory after its entire stock of honey – its key source of livelihood – was seized by local forestry officials in May. The community, with the support of local organizations, took the matter to court – and won.” “The confiscation of honey was in direct violation of the 2006 Indian Forest Rights Act, which recognizes the rights of India’s tribal peoples, such as the Soliga, to live in and from their forests, and protect and manage their land. Tribal peoples like the Soliga have been living with and protecting the wildlife in their forests for countless generations. However many forestry officials still believe that forest and tiger conservation requires the removal of all people from the forests. These prejudices often make foresters unwilling to respect tribal rights – especially the right to make a livelihood from the forest. The recent court victory exposes this injustice and the necessity for the rights of India’s tribes to be respected. The Soliga tribe of Karnataka made history in 2011 when their rights to their forests were recognized, even though they lie inside a tiger reserve. The community has been caring for the forest and harvesting its produce – including honey – for countless generations. After their rights were recognized one village established a collective to get a fair price for their honey. More Soliga villages are awaiting the recognition of their forest rights and local organizations Keystone, Atree and the Soliga Abhivriddhi Sangha (Soliga Peoples’ Collective) are supporting them in the process. Despite severe constraints from forestry officials, the Soliga remain determined to manage, harvest and protect their forests sustainably for current and future generations.” Hari Kumar, “Militant Attack Kills Seven in Assam,” The New York Times, http://india.blogs.nytimes.com/2013/11/04/militant-attack-kills-seven-in-assam/?ref=todayspaper, reported, “At least seven members of the Rabha tribe were gunned down during Diwali celebrations in the northeastern state of Assam, killed by militants from a rival tribe, the state police said Monday. On Sunday night, about half a dozen militants from the Garo National Liberation Army, all carrying automatic rifles, entered the village of Gandebari in Assam, said Ajit Prasad Raut, a senior police officer from Guwahati, Assam’s capital. Gandebari is in Goalpara district of Assam, which is near the state border with Meghalaya, where the Garo tribe has had clashes with the Rabhas in the past.”
"No more ‘primitive’ tribes: The Hindu pledges to end racist term 21 November 2013, http://www.survivalinternational.org/news/9751, reported, "The Proud Not Primitive movement is celebrating its second major success in challenging negative stereotypes in the media that tribal peoples are 'backwards' or 'primitive'. The ‘Proud Not Primitive’ movement to challenge prejudice towards tribal peoples in India is celebrating a major success after The Hindu, one of the world’s largest English language newspapers, pledged to no longer describe tribal peoples as ‘primitive’. Several journalists from renowned Indian publications have also endorsed the movement, including Kumkum Dasgupta of the Hindustan Times, Nikhil Agarwal of the Press Trust of India, and V Raghunathan of the Times of India. Following complaints about an article which used the word ‘primitive’ twice to describe a Chenchu tribal man, The Hindu issued a correction and advised all reporters not to use ‘primitive’ while referring to tribal people. The Office of the Readers’ Editor recommended an ‘exercise of caution’ in this regard." "While the Indian government abandoned the use of 134 ‘primitive tribal group’ to describe remote tribal peoples in favor of ‘particularly vulnerable tribal group’ in 2006, the phrase continues to be widely used in the Indian media. The Hindu’s correction is the second major success of the Proud Not Primitive campaign. Following complaints by supporters of the campaign, the editor of India’s Business Standard apologized for the use of the term ‘primitive’ in an article in July, 2013, which has since been corrected. Proud Not Primitive aims to challenge negative stereotypes which underpin discrimination and lead to the theft tribal peoples’ land in India. Thinking of tribal peoples as ‘primitive’ or ‘backwards’ assumes that their way of life is inferior and not part of today’s world. This leads to the notion that they should be ‘developed’ and ‘brought into the mainstream’, often with devastating consequences. An elder of the Paniyar tribe in southern India said, ‘For us Adivasis [tribal people of India], every tree is like a house. That is what the forest is for us. We are not backward, it’s just another way of life.’ Sophie Grig added, ‘For tribal peoples’ rights to their lands and ways of life to be respected we need to change the way that people think, talk and write about them.’" "Proud Not Primitive is urging all Indian media to amend their editorial guidelines and ensure that language such as ‘primitive’ or ‘backward’ is not used to describe tribal peoples. Please email [email protected] to sign up. - Proud Not Primitive is part of Survival International’s worldwide ‘Stamp It Out’ campaign which challenges negative stereotypes of tribal peoples. Stamp It Out has been endorsed by UK newspapers The Guardian, The Observer, the Independent, and renowned journalists such as John Simpson, John Pilger, George Monbiot and many others. - The BBC guidelines on Reporting and Portrayal of Tribal Peoples state: ‘We should take care over the use of terms that have the potential to be misleading or discriminatory, such as ‘primitive’, ‘backward’, ‘savage’ or ‘stone-age’. Care is also needed to avoid confusing a people that are not industrialized with one that is not part of the modern world or 21st century.’" “Police arrest Penan as tribe blockades dam site,” Survival International, October 4, 2013, http://www.survivalinternational.org/news/9629, reported, “Tensions are mounting at the Murum dam in the Malaysian state of Sarawak. Yesterday police arrested one man and dismantled Penan shelters. More than 100 Penan are currently blockading the dam site. The Penan, whose forest homes are due to be flooded, are demanding greater compensation, and more of the forest to be protected so they can continue to hunt and gather in their resettlement villages. The arrested man, Ngang Buling, is the Chairman of Peleiran Murum Penan Affairs Committee (PEMUPA), which was formed by the Penan to defend their rights in the face of the dam project. The 46 year old was held for nearly 24 hours, and the police have said more arrests are likely. Reports from the area state that police fired into the air, threatening and scaring the protesters. A large number of Penan are then believed to have offered themselves up to be arrested, along with Ngang Buling. Police are reported to have told protesters that general armed forces (PGA) and police reinforcements will be sent to the dam site. Approximately 1,400 Penan have been told they must move to make way for the Murum dam, the first of 12 new dams that are planned across the state of Sarawak. Penan from one village, Long Wat, have already moved to one of the resettlement areas, but the remaining villages are holding out for more land and compensation. Last October the Penan blockaded the dam for 36 days, before dismantling the blockade after they were told the government would only consider their demands if they stopped protesting. However, the authorities have not honored their promises and the Penan’s demands have still not been addressed. Two weeks ago, in a move that has shocked observers, the impoundment (flooding) of the dam was started, without informing the Penan, whose homes and ancestral forests will be submerged. It is estimated that it will take a year for the reservoir to fill. Speaking from the protest, Lugang Usang, Secretary of PEMUPA said, ‘It is not true that we Penan do not want change or to improve ourselves. But don’t impose development (e.g. the dam project) on us. Our customary land, our ancestral burial grounds, our rivers and forest were taken away from us and now the government denies and intimidates us. These are criminal acts of the government that make our lives miserable.’ Survival International is calling on the Malaysian government to halt the impoundment of the dam until the demands of the Penan have been met, and they have given their free, prior and informed consent to the resettlement process. Timothy King, “Bougainville President Fails Victims of Brutal Resource Conflict,” July 15, 2013, more at: http://www.culturalsurvival.org/news/bougainville-president-fails-victims-brutal-resource- conflict#sthash.L1X0LoRn.dpuf, reported, “A decade long war in Papua New Guinea has left deep scars on Bougainville and its people. Some will never be erased, others may fade with time. Many of the horrors experienced are unimaginable.” “Sadly political leaders on Bougainville charged with responsibility for 135 peace-building have largely abrogated their domestic and international obligation to challenge impunity and seek redress for victims of gross human rights violations. Indeed, in perhaps the most gutting blow for victims, Bougainville’s President has aligned his government with Rio Tinto, a company he once accused of ordering and facilitating the atrocities. The conflict which sparked this ongoing injustice began in November 1988. For two decades (1972-1988) prior, the island played host to one of the world’s largest copper-gold mines, run by Rio Tinto subsidiary Bougainville Copper Limited (BCL). Most of the profits drifted abroad, or were funneled to the PNG state. The small portion reserved for Bougainville gradually drove a significant wedge through local communities, as a cabal of pro-mine landowners commandeered landowner trusts, companies and compensation payments. As the environmental damage and inequality mounted, people in the mine area amassed behind a vibrant new generation of young leaders, led by Perpetua Serero and Francis Ona. Serero and Ona vocally challenged the elite cabal, and voiced opposition to the mine and its corrosive impact on their island, culture and land. This emergence of local resistance culminated in a campaign of industrial sabotage directed against the mine. The response of the PNG state was swift and brutal. Villages around the mine were torched, and those displaced were thrown into crudely constructed detention camps. When this violence was met with resistance by independence fighters from the Bougainville Revolutionary Army (BRA) – a guerrilla group set up in response to the attacks – the bodies began piling up. There are many tragic stories from Bougainville’s crisis days, far too many to recount here – young men tortured and executed, pregnant women disemboweled, children blown apart by PNGDF mortars while attending Sunday School. By the war’s end between 10,000 and 20,000 people lay dead; no armed faction had clean hands. Now a new generation of Bougainvilleans who grew up among the violence and animosity, are attempting to excise the island’s demons by recording their memories, and the memories of elders, in simple blogs, poems and images. For example, university student and poet Leonard Fong Roka, has curated a powerful series of oral histories on his blog, which offer a dignified record of the suffering people endured during the crisis. From the perspective of the powerful, these are subversive pieces which weave together the themes of abuse, complicity and injustice.” “These victims, of which there are many, and the contemporary chroniclers who attempt to give them voice, have been abruptly cast aside by Bougainvillean politicians – some of who formed part of the cabal opposed by Ona and Serero – whose eyes are now focused on reopening the controversial Rio Tinto mine. But it has not always been this way. In 2001, John Momis, the current Autonomous Bougainville Government (ABG) President, composed a remarkable five page statement. It was firm, principled and uncompromising in its willingness to speak truth to power.” “As Bougainville emerges from the conflict, an enduring, albeit fragile, peace has been forged. Yet significant lacunas remain. In his 2001 statement Momis pinpoints one gap: ‘It is important to Bougainvilleans and the long-term reconciliation process that Rio Tinto’s responsibility be addressed in an impartial forum by an impartial judge’. He continues: ‘There are high levels of support for the litigation in Bougainville. It is well understood if the Panguna mine did not happen the Bougainville war and blockade would never have occurred. Everyone on Bougainville is united in this feeling. If the court case can give Bougainvilleans an opportunity to air their claims against Rio Tinto and obtain justice, then it will strengthen the reconciliation process that is brining [sic] PNG and Bougainvilleans closer together’. What the people of Bougainville demand, and what Momis articulates so clearly, is an innate right to truth, justice and reparation enshrined in international law. As the government that could lead Bougainville to full independence – pending a referendum – the ABG is duty bound to defend the rights of victims in domestic and international forums. And with president Momis at the helm one could very easily imagine the ABG setting the global standard in defending the rights of victims and bringing the powerful to account. Indeed, this small Melanesian island has something of a reputation for taking principled stances and winning against unspeakable odds. However, if victims were expecting a strong champion when Momis was finally elected ABG President in 2010 – and they had every right to in light of Momis’ stand in 2001 – the last three years have proven an anti-climax. Having once stood shoulder to shoulder with the victims of Rio Tinto’s actions, the ABG President now presents the company as a savior in a crisis of the ABG’s creation. Lets just put this profound u-turn in historical context. In 1987, when Bougainville began to rumble with serious discontent, Momis lambasted BCL in a letter to the company’s Managing Director. “You are invaders”, Momis wrote, with the “ideology of a cancer cell”. He claimed, BCL had “colonized our people” and eaten Bougainville’s “roots and leaves”. Momis implored the company to change its way and offer the people of Bougainville a fairer
136 deal. Not only did BCL reject his advice, they were complicit in a devastating series of counterinsurgency operations, which aimed to silence some of the company’s loudest critics. Momis’ metaphor of a “cancer cell” could not have been more prescient. Accordingly, it is hard to believe that Momis could now ask his people to forego truth, justice, and reparation and welcome back a corporate actor which helped brutalize Bougainville. That said, the current position of Momis and the ABG would be at the very least understandable if BCL was publicly contrite, and stood ready to make amends for past wrongdoings. Yet to this day the company denies the accusations leveled against it. The last phrase needs to be underlined. Despite rigorous documentary evidence and damning oral testimony from its own executives, BCL publicly denies complicity in defense force operations. To add injury to insult their parent has bitterly fought Bougainville in the US courts. The crimes of the past cannot be laid to rest when the right to truth and reparation is being blocked. That the ABG has become complicit in this injustice is a blemish on a state which so many on the island fought and died for. To make matters worse the ABG has, with indecent haste, used high-pressure sales tactics and deceit to win community support for Rio Tinto’s return. The sad irony of this should not be overlooked. It has been the long held position of the ABG President that the conflict emerged in large part from the rushed, high-handed manner with which the mine was hoisted upon Bougainville during the 1960s by the Australian colonial administration. When introducing draft mining legislation earlier this year, that will pave the way for Rio’s return, Momis informed parliament: ‘I believe that it is not really the Panguna mine that caused the many problems and the conflict Bougainville has experienced since the 1960s. No – the real problem was the fact that we Bougainvilleans were ignored. The mine was imposed on us’. Yet in an a move that would have won the approval of Charles Barnes – the controversial Australian Minister of Territories – ABG officials have gone to communities claiming the ABG is broke, and the island’s shattered economy is moribund. Only by reopening the mine under BCL auspices, the people are told, will Bougainville attract the necessary injection of capital needed for self-sufficiency, autonomy and independence. It has been added, Bougainville must act fast; high copper prices may not be around forever, were they to drop, the low-grade deposit would become uneconomical. In one fell swoop the ABG has – on the dubious threat of bankruptcy and political dependency – asked the people of Bougainville to forego their right to justice. In contrast to the ABG’s position, the international human rights standard is clear, victims should not be forced to sell off their finite natural resources to repair damage caused by state and non-state actors. A large share of the responsibility for reparation and restoration lies with those responsible for the human rights violations. According to Momis’ own sworn testimony that is Rio Tinto. Now the ABG President appears to believe that reconciliation – and indeed the mine’s reopening – can in fact be achieved through short-cuts. Such a belief can only be held in defiance of the past. It was not the actions of colonial officials which so incensed those who would spearhead the island rebellion in 1988 – white men were expected to act as exploiters – it was rather the nefarious role that their own national, provincial and traditional leaders played. Indeed, two of the movement’s most articulate leaders, Serero and Ona, reserved some of their most pointed barbs for local leaders, many of whom are bulwarking the efforts to reopen the mine today. In one letter Serero refers to them as “self centered traditional landlords brainwashed by foreigners and minority elite nationals”. While in a later speech – which surely rates among one of the most important in the island’s history – Francis Ona censures provincial and national leaders: ‘We were forced to become passive observes of our own exploitation, first by the racist colonial administration and after independence by the black political leaders in white men’s coats … We are the ‘sacrificial lamb’ for the few capitalists whose hunger for wealth is quenchless and unceasing.’” “Update: President Momis recently gave an interview in which he says he hopes Rio Tinto will be back on the ground in Bougainville before the end of this year to start work on opening up the Panguna mine.”
Curtis Kline, from Intercontinental Cry, “The Republic of Murrawarri and Indigenous Self-Determination,” August 1, 2013, http://www.culturalsurvival.org/news/republic-murrawarri-and-indigenous-self- determination#sthash.64GbcD1l.dpuf, reported, “On April 10 of 2013 the Queen of England received a letter sent to her by the Murrawarri Nation of northern New South Wales and Queensland in Australia. This letter was actually a notice for the declaration of independent sovereign statehood of the Murrawarri Nation. The Queen was given 28 days to produce one of three situations accepted in international law as well as British Common Law that recognized the governed taking over or acquiring of new land. The three situations could have been: 1) A declaration of war and a subsequent victory; 2) The signing of a treaty or agreement; and 3)
137 a lack of occupation of that land by other peoples. The Murrawarri Nation requested that the Queen give proof of any of these three situations. Treaty documents between the Murrawarri and the British Crown, a deed of concession showing that the Murrawarri have indeed ceded their sovereignty, dominion and ultimate authority to the Crown of Great Britain, or documents showing a declaration of war against the Murrawarri Nation would have all qualified. However, the fact is that none of these documents exist, the Murrawarri Nation never signed any treaty with the British Crown, and war was never declared. This, along with the decision by the High Court in the Mabo case which stated that the principal of Terra Nullius–that the land was not under occupation at the time of Captain Cook’s coming to Australia–was complete fiction and no longer defensible, meant the Queen could produce no such evidence. In fact, the Queen did not even respond, allowing the Murrawarri Nation to de facto claim recognition of their Republic as an independent nation. The Republic of Murrawarri is now functioning with a Peoples Council as an interim government. With its first meeting on July 13 the Peoples Council elected chairman Fred Hooper, passed a resolution to establish a provisional Council of State. A constitution and a bill of rights have already been drafted. The permanent government, when formed, will consist of a parliament of 54 representatives appointed by their respective ancestral family groups within their respective provinces. The representatives will strictly be half male and half female. There will also be four representatives from non-ancestral Murrawarri provinces, and residents who are not of Murrawarri descent will be allowed to stay on their land and automatically be granted Murrawarri citizenship.”
“Mining firm fined for ruining Aboriginal sacred site,” Survival International, August 2, 2013, http://www.survivalinternational.org/news/9430, reported, “An Australian mining company has been fined for desecrating an Aboriginal sacred site, in a landmark judgment. It is believed to be the first successful prosecution by a government authority of a mining company for ruining a sacred site, although such acts have occurred many times in the past. The company, OM Manganese, has been operating the Bootu Creek manganese mine in the Northern Territory since 2005. But last year the detonation of explosives for opening up new seams of ore caused part of an ancient rock formation, known as ‘Two Women Sitting Down’, to collapse. The site is sacred to the Kunapa clan, who are the traditional owners and custodians of the area. Dr Ben Scambary, head of the Aboriginal Areas Protection Authority, said, ‘This site… relates to a dreaming story about a marsupial rat and a bandicoot who had a fight over bush tucker. As the creation ancestors fought, their blood spilled out, turning the rock a dark-red color.’ Kunapa community representative Gina Smith said, ‘It will always remain a sacred site to us, but it has been ruined and we don’t know what to do.’ The site is part of a Kunapa songline, an invisible pathway connecting events from the Aboriginal dreamtime long ago. The magistrate, Sue Oliver, ruled that OM Manganese favored ‘business and profit’ over its duty to protect the sacred site.” ñññññ++++++======<<<<<<<<[[[[[[[[[*]]]]]]]]]>>>>>>>>======++++++ñññññ
DIALOGUING
A TREATY PROMISE...THAT CANNOT BE KEPT
Mark Trahant*
Republished with author's permission from Mark Trahant's blog, November 14, 2013, http://www.marktrahant.org/marktrahant.org/%40trahantreports_blog/Entries/2013/11/14_A_treaty_promise_..._th at_cannot_be_kept.html
Modern U.S. presidents have a curious relationship with North America’s first residents, American Indians and Alaska Natives. President Richard Nixon in July of 1970 sent a special message to Congress calling for a new era with the indigenous tribes because “on virtually every scale of measurement -- employment, income, education, health -- the condition of the Indian people ranks at the bottom.” Nixon called for a “new era in which the Indian future is determined by Indian acts and Indian decisions.” 138
Not every president got the memo. President Ronald Reagan, for example, found himself in Moscow confused by the entire premise of federal-Indian relations. “Let me tell you just a little something about the American Indian in our land,” he told a group of students in the former Soviet Union. “We have provided millions of acres of land for what are called preservations—or reservations, I should say. They, from the beginning, announced that they wanted to maintain their way of life, as they had always lived there in the desert and the plains and so forth. And we set up these reservations so they could, and have a Bureau of Indian Affairs to help take care of them. At the same time, we provide education for them—schools on the reservations. And they're free also to leave the reservations and be American citizens among the rest of us, and many do. Some still prefer, however, that way—that early way of life. And we've done everything we can to meet their demands as to how they want to live. Maybe we made a mistake. Maybe we should not have humored them in that wanting to stay in that kind of primitive lifestyle. Maybe we should have said, no, come join us; be citizens along with the rest of us.”
Reagan’s idea was insulting to the five hundred tribal governments that existed before the United States. These tribal government survived conquest and exist today because the United States negotiated treaties with them for lands and other concessions. Those treaties promised doctors and hospitals, schools, and other basic governmental services.
That history sets the stage for Barack Obama. As president he has announced no new sweeping policy initiatives -- how do you trump self-determination? Yet most of his policies have been generally supportive of tribal governments. At the 5th White House Tribal Nations Conference (held at the Interior Department because the largest room at the White House -- the East Room -- is too small for such a gathering) Obama promised to make his first “state” visit to Indian Country as president.
Before the president arrived, Secretary of the Interior Sally Jewell told tribal leaders that she heard from them “over and over and over again that sequestration is killing us.” One tribal leader said a few minutes later: “We need your help with sequestration. We did not create the federal debt ... Treaties are not discretionary.”
But Congress, not the president, decides what’s discretionary. So even a supportive president is limited by austerity. “We’ve got to stop the self-inflicted wounds in Washington,” the president said. “Because for many tribal nations, this year’s harmful sequester cuts and last month’s government shutdown made a tough situation worse. Your schools, your police departments, child welfare offices are all feeling the squeeze. That’s why I’m fighting for a responsible budget that invests in the things that we need in order to grow -– things like education, and job training, and affordable housing and transportation, including for Native American communities.”
Treaties are the ultimate promise, a constitutional promise by one government to another. But that framework collapses when Congress refuses to go along. President Obama may be the head of state, but the word of that state is dependent on a Congress that cannot even agree on how to even write a budget.
So the president stuck to a politician’s litany, ticking off what he considers success stories. “We’ve created jobs building new roads and high-speed Internet to connect more of your communities to the broader economy,” the president said. “We’ve made major investments in job training and tribal colleges and universities. But the fact remains Native Americans face poverty rates that are higher by far than the national average. And that’s more than a statistic, that’s a moral call to action. We’ve got to do better.”
It’s true that President Obama’s budgets have added investment dollars to American Indian and Alaska Native communities. But since Congress has been operating without budget, there has not been more resources available for the past couple of years. And last year the process of sequester made the situation even worse because of across the board budget cuts.
Consider Native American health programs. More than half of the Indian health system is now operated by
139 tribes and tribal organizations, but the funding comes from the federal government. Only it’s not enough money to do the job. The Affordable Care Act is supposed to change that by encouraging American Indians to sign up for benefits under a variety of insurance schemes, ideally adding money into Indian health. President Obama put it this way, “we’ve got to keep our covenant strong by making sure Native Americans have access to quality, affordable health care just like everybody else.” That’s it. American Indians and Alaska Natives are supposed to have a treaty right -- a special right -- to health care. One that’s fully-funded. It’s not “affordable health care just like everybody else.”
The Obama stump speech, in its own way, is no more enlightening than Reagan when he says “for Native Americans, this means more access to comprehensive, affordable coverage.” Affordable coverage is not the same as pre-paid, treaty-based health care.
Then, treaty or not, there is a case to be made why American Indians and Alaska Natives should be included in the Affordable Care Act plans, especially Medicaid and even through the state-based exchanges. The problem is that the president did not make that case.
*Mark Trahant is the 20th Atwood Chair at the University of Alaska Anchorage. He is a journalist, speaker and Twitter poet and is a member of The Shoshone-Bannock Tribes. He has a new web series on Native Americans and Obamacare. ( A version of this column appeared on Al Jazeera English.) <<<<(((+)))>>>
ALASKA'S BUSY WEEK: DEMONSTRATING ITS CONTEMPT FOR ALASKA NATIVES
Mark Trahant*
Republished with permission of the author from Mark Trahant's blog, November 18, 2013, http://www.marktrahant.org/marktrahant.org/%40trahantreports_blog/Entries/2013/11/18_Alaskas_busy_week__D emonstrating_its_contempt_for_Alaska_Natives.html.
The State of Alaska had a busy week. There are only so many ways to demonstrate contempt for Alaska Natives. Yet the state seemed to find many ways. Logic be damned. On Monday the state asked for a review by the U.S. Supreme Court of the Katie John case. According to the Native American Rights Fund: “The Katie John litigation, more than any other subsistence case exemplifies the contentious battle waged between federal, tribal and state interests over jurisdiction of Alaska Native subsistence fishing rights.”
The state of Alaska has a different take. “Alaska entered the Union in 1959 on equal footing with the lower 48 States, which included “the right to control and regulate navigable streams within [her borders],” says the state’s argument. “One of the primary reasons Alaskans sought statehood in the first place was to secure the ability to save Alaska’s fisheries. And the authority to regulate fishing and hunting within its borders is central to Alaska’s sovereignty and critical to Alaskans generally. Fishing and hunting not only remain a way of life in Alaska; they are key to Alaska’s economy and its residents’ livelihood.” In other words: The state says its sovereignty trumps and tribal people in Alaska cannot hunt and fish as they have done for thousands of years without a state say so. I could go on. But that’s just one day. Because by week’s end, the state was making the total opposite argument, saying that the federal government, not the state, should be responsible for health insurance for Alaska Natives.
The second issue involves expanding Medicaid. Despite numerous studies about its economic benefits to Alaska, Gov. Sean Parnell announced the state would not participate. A study by the Alaska Native Tribal Health Consortium projected that the state would earn $12 for every dollar it invested, creating some 4,000 jobs.
Medicaid, the governor said, costs too much. “Effectively, the state’s operating budget would then revolve around the expanded Medicaid program,” he said. “This decision has to be about setting policy that helps the poor,
140 without saddling future generations with the debt and risk. Attaching a costly Medicaid expansion to a flagging national health care program is like buying a high-priced ticket on a sinking ship.” The governor cited a report about the impact on Medicaid in Alaska.
What’s curious is that report does not detail how a failure to expand Medicaid would impact the Alaska Native tribal health system. So here is the governor’s logic: He subtracted Alaska Natives from the state’s uninsured population. Alaska Natives don’t count. The governor said the federal government and the tribal health network will take care of this population (even though the Indian health service does not legally qualify as an insurance program). Alaska is off the hook.
This is wrong on so many levels. In the first place, the governor of Alaska is putting at risk what should be one of the state’s most remarkable features. The tribal health system in Alaska is excellent by any measure. It is designed, managed and operated by Alaska Natives; it is not the Indian Health Service. Without Medicaid expansion, this health care network will be limited by the sequester, budget cuts, and operate largely on dollars appropriated from Congress. (To be fair: Medicaid will grow anyway. More people will sign up as they learn more about the Affordable Care Act, but that’s a different framework than an expansion.)
Any discussion about Medicaid in Alaska should start with its impact on Alaska Native health systems. Even now, without Medicaid expansion, Alaska Natives account for more than a third of all Medicaid recipients. If the expansion were to occur, that number would climb to more than half of the system.
Alaska, of course, is not the only state with a large Native American population to reject Medicaid. That list, unfortunately, includes Oklahoma, South Dakota, and Montana, all states with large native populations. It’s particularly poor policy because the state pays nothing for the expansion when American Indian and Alaska Natives sign up for Medicaid and get treatment within the Indian health system; it’s a 100 percent federal reimbursement. Yet the states set the policy, eligibility, and control far too much of the outcome. As I pointed out in my recent video series, more than half of the American Indian and Alaska Native population lives in states without Medicaid expansion.
That to me is the hope in this nonsense. If state governments continue to demonstrate their contempt for Native citizens, then it’s time for Congress, the president, and the Centers for Medicaid and Medicare to treat Indian Country as the 51st state for Medicaid purposes. The federal government already pays for this funding; Medicaid policy should match that spending.
So forget Alaska’s equal footing. How about equal footing for the American Indians and Alaska Natives? It’s not the money. It’s the ability to build a healthier future; real sovereignty. Then that’s what the Katie John case is all about, too.
*Mark Trahant is the 20th Atwood Chair at the University of Alaska Anchorage. He is a journalist, speaker and Twitter poet and is a member of The Shoshone-Bannock Tribes. Join the discussion about austerity. Comment on Facebook at: https://www.facebook.com/IndianCountryAusterity. o0O0o
YEAH, THE GOVERNMENT IS OPEN. HOW COME THE NEWS AHEAD IS WORSE
Mark Trahant*
Republished with author's permission from Mark Trahant's Blog, October 22, 2013, http://www.marktrahant.org/marktrahant.org/%40trahantreports_blog/Entries/2013/10/22_Entry_1.html.
141
The government is back in business and now there are lots of questions. What was all that about, anyway? What's next? And what's the best course for Indian Country? To answer the first question you have to think on multiple tracks. Yes, the government was shuttered because of Sen. Ted Cruz, Sen. Mike Lee, and the House Republicans that combined to fight the implementation of the Affordable Care Act.
But that was never really the fight. It was only a distraction. The primary division is simpler: It's about the role of government and how to pay for that government. This is the debate that Republicans -- and some of their Democratic allies -- have already won, the austerity framework. It starts with the premise that federal spending is “out of control” and therefore dramatic steps must be taken.
It’s a faulty premise but the results are a disproportionate impact on Indian Country. Indian Country has an oversized and direct relationship with the federal government so deep spending cuts wipe out both investment and opportunity. That means less money for schools (which is future opportunity), less for economic development, and less money in general for local government (healthcare is a different story ... more about that in a series I have coming soon on the Affordable Care Act & Indian Country).
Beyond Indian Country, the problem with austerity is that it does not work. It starts a cycle of general economic decline, instead of “saving” money for taxpayers (now or future ones). The government shutdown is a case in point: It cost billions of dollars in terms of economic output. It made the problem worse, not better. Ireland will soon be the first country to move past the austerity terms of its bailout. But the budget cuts continue and the damage to the country is severe. As Stephen Kinsella writes in Foreign Affairs: “The real threat to Ireland’s recovery is demographic. A recent survey found that young Irish people have no savings whatsoever. Their consumption levels are far below those of their European counterparts. With more babies born this year than in any other since 1891, Ireland’s only boom in the next few years will be in people.” This sentence could be Indian Country. Only we have no where to go.
So what's ahead? The deep divide over austerity remains. The Senate budget “fully replaces the harmful cuts from sequestration with smart, balanced, and responsible deficit reduction, which would save hundreds of thousands of jobs while protecting families, communities, and the fragile economic recovery.” While The House budget “cuts government spending to protect hardworking taxpayers.” So in order to meet in the middle, the two Houses will have to resolve their differences and (key word here is and) then get a majority of votes in both the House and Senate. Democrats will have to be happy with austerity and Republicans will have to live with more spending. There needs to be a resolution of these differences before January 15, 2014, when a new round of budget 142 cuts wil be required under the sequestration law (The Budget Control Act) that continues every year until 2021.
And, finally, what’s the best course for Indian Country in this budget maze? The National Congress of American Indians report the Senate level of appropriations remain short of what’s required. The Interior budget, for example, accounting for inflation, “the Senate level is 11 percent below FY10,” NCAI said. “The House proposed level would drop critical tribal governmental services to 19 percent below the FY10 level.” NCAI said tribes are losing ground for critical governmental services.
The ideal would be for Congress to consider treaty obligations separately from the budget. A smaller scale solution might be trying to convince the Congress to forward fund more tribal programs, so that the money will not be at risk every time there’s another fight in Congress. But forget the ideal in this Congress. We’ll be lucky to get a resolution of any kind. And that means more austerity for Indian Country.
*Mark Trahant is the 20th Atwood Chair at the University of Alaska Anchorage. He is a journalist, speaker and Twitter poet and is a member of The Shoshone-Bannock Tribes. Join the discussion about austerity. Comment on Facebook at: https://www.facebook.com/IndianCountryAusterity. *--!--*
VOTING IN THE NAME OF
Mark Trahant*
Republished with autho';s permission form Mark Trahant's blog, July 1, 2013, http://www.marktrahant.org/marktrahant.org/%40trahantreports_blog/Entries/2013/7/1_Voting_in_the_name_of_.. ..html.
The Supreme Court’s ruling last week on voting rights sends a simple and clear message: And now you do what they told ya. The court basically said that modern states wouldn’t use their power to keep minorities -- including American Indians and Alaska Natives -- from voting. “Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions,” Chief Justice John Roberts wrote for the 5-to-4 majority.
And now you do what they told ya.
So in North Dakota, South Dakota, Arizona, Montana, and Alaska, and in many other states where access to voting is limited, where polling booths are located far from reservation communities, or where “early voting” hours are made purposely unequal or unfair, well, the court said, in Shelby County (the Alabama county that sued to end the Voting Rights Act) “voter turnout and registration rates now approach parity.”
And now you do what they told ya.
But of course that parity is not found in Indian Country. The last election was a success, however, American Indians and Alaska Natives still have the lowest registration rates of any racial or ethnic group. A study by Demos a couple of years ago pegged that number at 5 to 14 percent lower than the general population. I suspect the numbers are not much better two years later because Indian Country is growing so fast; nearly 200,000 American Indians and Alaska Natives are eligible to vote since the last election.
And now you do what they told ya.
In her dissent, Justice Ruth Bader Ginsberg, says the court’s majority is wrong because “the ‘blight of racial discrimination in voting’ continued to ‘infec[t] the electoral process in parts of our country.’ Early attempts
143 to cope with this vile infection resembled battling the Hydra. Whenever one form of voting discrimination was identified and prohibited, others sprang up in its place.”
And now you do what they told ya.
A case before the 9th Circuit Court of Appeals is the practical 21st century application of these voting rights issues. Montana law provides for early voting and late registration. However “tribal members live a great distance from the late registration and in-person absentee voting places in county seats,” according to appellants’ brief. And the counties have largely said no, even when the cost has been covered or the administrative burden reduced. “Counties take the position that there is no violation of the Voting Rights Act, no harm, and that they have no authority or obligation to ever open any satellite offices.”
And now you do what they told ya, now you’re under control.
The Supreme Court has said this is a new country, one that’s no longer divided by voting tests or low registration, “yet the Voting Rights Act continues to treat it as if it were.” So Section 4 of the Voting Rights Act was struck down and immediately states set out to prove that the Court was in error by enacting sweeping provisions that limit voter participation. Only two hours after the court’s ruling Texas announced the state’s voter ID law would take effect and new restrictive districts would begin. Not long after Mississippi and South Carolina joined the chorus. States with large American Indian or Alaska Native populations will not be far behind.
But there is a weakness in the court’s ruling: The more that those in power try to use cheap tricks -- voter ID laws or limited ballot access -- the more people will demand to vote. The court has basically set out the challenge: The only way to strip those from power who would limit your right to vote, is to vote. The only way to end austerity is to win the election. The only way to invest in a better future for young people is to show up in record numbers. American Indians and Alaska Natives will vote because “they” say we can’t.
Or as Rage Against the Machine once shouted: F%$# YOU, I WON'T DO WHAT YOU TELL ME!!
*Mark Trahant is a writer, speaker and Twitter poet. He lives in Fort Hall, Idaho, and is a member of The Shoshone-Bannock Tribes. Join the discussion about austerity. A Facebook page is open at: https://www.facebook.com/IndianCountryAusterity +>>>>+<<<<+
DOES THE WHITE HOUSE COUNCIL ON NATIVE AMERICAN AFFAIRS NEED TO BE A LITTLE MORE NATIVE AMERICAN?
First Peoples Worldwide*
Republished from Cultural Survival, July 2, 2013, http://www.culturalsurvival.org/news/does-white-house- council-native-american-affairs-need-be-little-more-native-american#sthash.lHoAQsiV.dpuf.
On June 26, President Obama signed an executive order creating a new White House Council on Native American Affairs. The council will seek to provide services to Native Americans in a “more coordinated and effective manner,” “promote and sustain prosperous and resilient tribal communities,” and facilitate “greater engagement and meaningful consultation with tribes.” Specifically, the council is tasked with:
- Promoting sustainable economic development, particularly in regards to transportation, housing, infrastructure, entrepreneurial and workforce development
144 - Supporting greater access to and control over nutrition and healthcare
- Improving the effectiveness and efficiency of tribal justice systems
- Expanding and improving lifelong education opportunities
- Protecting tribal lands, environment, natural resources, and promoting respect for tribal cultures
The council will be headed by Secretary of the Interior Sally Jewell and will meet three times a year, with additional meetings as deemed necessary. The rest of the council is made up of heads of 30 other government departments and agencies, including the heads of the Department of Education, Department of State, and Department of Veteran Affairs. Many Native American groups are praising the move, including the National Congress of American Indians, whose president, Jefferson Keel, says that “President Obama’s Executive Order represents “a very strong step forward to strengthen our nation-to-nation relationship [with the government].”
Co-Chair of the Congressional Native American Caucus Betty McCollum (D-MN) is also praising the order, saying that “President Obama is to be commended for recognizing the critical importance of a coordinated federal approach to engaging with tribal nations and Native Americans. This special recognition of tribal sovereignty by the White House will give Indian issues a higher profile and will hopefully put greater focus on providing better services and getting results for Indian families. At a time when sequestration is inflicting devastating harm throughout Indian country, this council will have an immediate opportunity to engage tribal leaders and stakeholders to responsibly meet federal trust obligations.”
It is indeed commendable that the administration is giving priority to the needs of the Native American population; however, one cannot help but wonder if this is the right way to go about it. After all, not one of the 30- plus council members is actually Native American or Alaskan Native. Furthermore, the council is made up only of the heads of other government agencies – one would assume that these people are already very busy running those respective agencies, and they likely have very little experience, success or even interest in Native American affairs. The order also only explicitly mentions cooperation with federally-recognized tribes, not state-recognized tribes.
This is a good step on the part of the Obama administration; but if the president is so dedicated to promoting the self-governance and well-being of tribes, why doesn’t he trust Native American leaders to spearhead this council? As the introduction to the order itself states, “As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities.” Couldn’t this council use a little more “working together” with Native Americans?
This article was reposted by Survival International on its web site with permission from First Peoples Worldwide.
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145 NAVAJO GOVERNANCE IN THE 21st CENTURY: HOW CAN THE DINE PEOPLE REBUILD THEIR GOVERNMENT?
Lloyd Lee, "Navajo Governance in the 21st Century: How Can Diné People Rebuild Their Government?" University of New Mexico, [email protected]
Abstract
This article examines an issue facing the Navajo Nation in the twenty-first century; governance. In 1923, the Bureau of Indian Affairs created a business council to approve oil leases near Shiprock, New Mexico located on the Navajo reservation. Navajo governance is based on this initial business council although major amendments to the system have taken place since then to reflect a democratic republic similar to the United States federal government. This “new” government, however, has not helped rectify the many issues and problems facing the people. Serious philosophical discussion needs to take place on rebuilding Navajo government as well as the whole Navajo Nation. Specific strategies on how to rebuild Navajo governance are the core of this article. ^^^^
The development of the current system of the Navajo Nation government was apparently strongly influenced by the Dineh experiences of forced exile and incarceration at Fort Sumner, from 1864 to 1868 and called Hwééldi. Within this context, a discussion regarding the Navajo Nation government restructing will require clear thinking, strong and proactive planning, and creative decision making with the intent of restoring tribal resources to dismantle the vestiges of historical negative experiences and to restore the goodness of our cultural heritage and practices for the coming generations (Perry and Davis, 2001).
Carol Perry and Patricia Anne Davis made this statement at the Navajo government reform public hearing in 2001 organized by the Navajo Nation Commission on Government Development. Since the creation of a centralized form of Navajo government in 1923, several attempts have been made to reform the structure. Major reforms took place in 1938 and 1989. In the mid-1930s, Diné leaders attempted to construct a new government structure. A constitutional assembly was called and seventy-four delegates were chosen from across Diné Bikéyah (Diné lands). A constitution was established but the Secretary of Interior did not approve of it so instead he made the constitutional assembly the new Navajo government where the delegates would follow the guidelines established for the assembly. The constitutional assembly participants agreed to this system. In 1989, the tribal council reformed the executive and legislative branches of the government. Minor amendments have occurred throughout the 1960s and into the twenty-first century
From the 1980s to 2010, the Navajo Nation Council had eighty-eight delegates representing the Navajo reservation and three satellite communities in New Mexico. By 2011, the council was reduced to twenty-four delegates. Little historical Diné governance exists except for the peacemaking courts in the judicial branch. Several scandals have plagued the government since 1923 and many Diné people have doubts about their leaders and the way the council functions. For example, in 1998, then President Albert Hale resigned due to misuse of tribal government funds and accepting gifts from corporations conducting business with the Navajo Nation. Navajo grassroots organizations like Diné Bidzill, Diné CARE, and Black Mesa Water Coalition have worked to influence Navajo government to protect Diné Bikéyah, its resources, and the well-being of the people but it has been disheartening at times. In 2003, Norman Brown, a leader in Diné Bidziil stated his frustration on the lack of progress Diné leaders and the government were making regarding water rights, protecting Diné Bikéyah from uranium mining, and implementing government reform. He said, “If we can’t go to our government, we can’t go to our president, where else can we go? We believe the federal government, the Navajo Nation Council and the Navajo president are the same. Look at their policies (The Farmington Daily Times, 2003).”
146 This essay discusses the idea of rebuilding Navajo government to create a stable and trustworthy institution. It is not a “shout out” to all Diné to overthrow their government, but specifically to consider a way to make government fulfill the needs of all the Diné people. Many people however are ambivalent about their government or have unfavorable views. Many people have specific needs the government can help accomplish yet stories of how the government has failed to support its people continues to occur. For instance, many Diné students are not funded for college because the government has not appropriated enough scholarship funds to meet the thousands of students requesting financial assistance. Thousands of Navajo people have been relocated from the Hopi-Navajo reservation boundaries in northeastern Arizona and many are either still adjusting to a change life and/or requiring assistance in the “New Lands” region south of Sanders, Arizona. Mineral resource companies drill and mine for coal on Diné Bikéyah without emotional and spiritual benefit for all Diné people. Numerous other problems such as high unemployment and increasing domestic violence continue to persist throughout the Navajo Nation. Because of the many persistent problems the Navajo Nation faces in the twenty-first century, discussing how to rebuild Navajo governance is warranted. By improving government efficiency, the people might begin the process of restoring the health and prosperity of the Navajo Nation. For the remainder of this essay, I will discuss selected areas of concern in the current Navajo government system and propose strategies to rebuild and improve the efficiency of it.
Concerns in Navajo Governance
In 1938, a “new” Navajo government was formed. The Secretary of Interior issued a simplified set of by- laws called “Rules for the Tribal Council” that became the framework for Navajo governance. The Tribal Council increased from twenty-four to seventy-four delegates. A federal official, the superintendent and later the secretary, “occupied a position beside the chairman in the conduct of council meetings (Young, 1971: 208).” Major amendments in the organization of the government and/or election procedures required secretarial approval. The basis for present day Navajo government was constituted.
Attempts were made in the 1950s to develop a written constitution but they failed primarily the concern for secretarial power led to its demise. Nonetheless, the tribal council exercised a growing array of powers through resolutions, which was subject to secretarial veto. In 1962, the resolutions were codified into a Navajo Tribal Code, which outlined governmental powers and council procedures. In the 1990s, the Navajo Tribal Code was amended to read as the Navajo Nation Code.
Other changes in the 1950s broadened the scope of Navajo government. The major changes included:
1950-51: New election procedure; tribal court system established 1953: Advisory committee adopts Navajo reservation grazing regulations 1954: Tribal council establishes a higher education scholarship fund 1955: Tribal chapters incorporated into Navajo government 1959: Tribal council approves revised executive branch of government 1959: Judicial branch established—Law and Order; Navajo tribal utility authority started (Wilkins, 2003:89).
From 1962 to 1989, the Tribal Code defined and expanded Navajo government. By 1989, theoretically the Navajo Nation had a three-branch system, however the executive branch was vastly superior to the legislative and in fact dominated the law-making process. The head of the Tribal Council, the chairman, also headed the executive branch. The chairman held legislative powers and was the principal representative of the Navajo Nation. He presided over all meetings of the Tribal Council, selected all standing committee chairs and members, including those of the powerful mini-council, the Advisory Committee, who had the authority to act for the Tribal Council when it was not in session (Wilkins, 2003: 93). The Advisory Committee also was empowered to develop the Tribal Council’s agenda and recommend legislation. The chairman also chaired the intergovernmental relations committee.
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In 1989, then-Chairman Peter MacDonald persuaded the Tribal Council to purchase the Big Boquillas Ranch west of the Grand Canyon. Federal investigations into MacDonald’s actions led to the Tribal Council placing MacDonald on involuntary administrative leave pending the investigation of the allegations against him. MacDonald and his supporters fought these actions, which led to a deadly confrontation that erupted in Window Rock, Arizona on July 20, 1989 involving MacDonald’s supporters, the Tribal Council, and the tribal police. Two people were killed and ten others injured in the fighting. By the fall of 1989, the Tribal Council enacted a landmark resolution.
This new resolution titled “Amending title Two (2) of the Navajo Tribal Code and Related Actions” transformed Navajo government and the effects were the following:
(1) Formal separation of powers between the executive and legislative branches; (2) Diluted the power of the chief executive by creating the Office of Navajo Nation President and Vice-President. The President no longer serves as head of the legislative branch; (3) Created a Speaker of the Council position. This individual presides over the council’s deliberations; (4) Defined and set limits on the powers of the executive and legislative branches; (5) Reduced standing committees from eighteen to twelve; (6) Shifted power to appoint the membership of the legislative committees from the chairman/president to the speaker of the council (Wilkins, 2002: 104).
These changes modeled the American government system. In 1998, the council passed the Navajo Nation Local Governance Act. The purpose of the act is to recognize governance at the local level and allow chapters to make decisions over local issues. While this act allows chapters the ability to self-determine their affairs and to acquire more local authority, the Council can preempt chapter authority with a statute and/or resolution. The Navajo Nation Council has plenary authority over all one hundred ten chapters on the reservation. The outcome of this legislation is still pending but conflict has already risen between the Council and chapter houses regarding economic development issues (Albuquerque Journal, 2004). Coincidentally, the people have never sanctioned the current Navajo government system.
One area of concern in Navajo governance is the lack of political power Diné citizenry has under the 1989 amendments, specifically in the referendum process. The Council has the ability and power to call for special referendums. These referendum elections provide an opportunity for certain Council resolutions to become or not become law, even if passed by the Council. These resolutions need to receive the majority approval of adult Navajos in an election. In 1994, 1997, and 2004, the Council initiated national referendums to decide whether or not people wanted to have the Navajo Nation involved in gaming operations. The people voted against gaming operations in 1994 and 1997. In 2003, the Council and the President authorized the Navajo Nation to implement a casino gaming enterprise. In 2004, the people voted yes to approve and expand gaming operations on the Navajo Nation. While the process for the Council to initiate referendums is well understood and has worked, the process to initiate referendums by the general public is very challenging.
Title XI of the Navajo Nation Code authorizes registered Diné voters to petition “to place a referendum measure (an initiative) on a Navajo Nation general or special election ballot where the scope of the referendum affects the entire Navajo Nation and is not limited to a chapter or chapters (Wilkins, 2003:111).” Diné citizens have the power to initiate the referendum process through a general or special election but it is daunting. For instance, a Diné citizen group in May 2006 filed papers with the Navajo election office to start gathering signatures for a ballot referendum to authorize a constitutional convention. The election office rejected their request because the Navajo Nation Code limits referendums to lawmaking measures. Only the council can call for a constitutional convention not registered Diné voters. Ivan Gamble of Tuba City who led the group appealed the office’s decision. The referendum for a constitutional convention never came to fruition. While the Council approved of this referendum process, they have made it extremely difficult for Diné citizens to initiate a measure.
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A second concern is continued corruption by officials. Peter MacDonald and Albert Hale are two recent examples. Council delegates and government officials can be sanctioned for ethics violations. Diné people know about the corruptions and scandals of their elected officials. While the public has never recalled an elected official, corruption continues and many people feel Navajo government will never improve. This feeling of hopelessness and apathy can be reversed by the government’s ability to rebuild trust in their own efficient work.
The lack of connection between the historical way of governance and the way the contemporary structure functions is a third concern. Historically, Diné families were independent from other families. The fundamental political entity was called a “natural community” comprised of ten to forty families (Wilkins, 2003: 35). Naat’áaniis or planners led only the families that comprised the natural community. They did not speak for all Diné people. Regional gatherings, called the naachid, of twenty-four naat’áanii, twelve of whom were peace leaders and the other twelve war leaders constantly occurred (Wilkins, 2003: 35). They met to discuss internal matters for the region. During years of peace, the twelve peace leaders presided over meetings and in times of war, the war leaders commanded. War and peace leaders were separate. No one person could hold both positions. The character and knowledge of the individual determined if the person became a war or peace leader. These individuals held the positions for life however relatives or offspring did not inherit them.
Families choose the naat’áanii, who always relied upon the hastóí (elder men) and hataa[ii (healer) for guidance, advice, and support. Naat’áaniis role modeled proper behavior, maintained moral ways, and enforced economic laws in the families. He or she did not function as a dictator. Prosperity for the families was the goal for all naat’áaniis.
Every two or four years a naachid was assembled. The meeting took place in a specially constructed hogan. Prayers, songs, and ceremonial dances took place at the gathering. Decisions made at the gathering were not binding. If a leader chose not to obey the gathering’s decision, it was his or her decision to do so. No reprisal would come of such an action. The decision made at these gatherings only considered the families involved in the meeting and not all Diné people. This form of political government functioned for over a millennia. No centralize political unit with a single leader existed within Diné communities prior to 1923. Families functioned in a democratic process free from outside influence. While problems did occur and life was difficult, Diné people were self-sufficient.
The current form of Navajo government is different. While historical Diné thought has always allowed for other perspectives to be infused by the people, some people do not interweave American and Diné thought into their contemporary way of life. The Navajo government structure is ingrained with American attitudes and values and historical Diné thought is lacking in how the people are governed. These concerns can be rectified to make Navajo government function efficiently.
Actions toward Rebuilding Navajo Governance
To improve the efficiency of Navajo government, Diné people need to think of the Navajo Nation in a more positive fashion. For the last sixty years, an American education has either acculturated or assimilated Diné people. It has become more important than ever for the Navajo Nation to take control of the education system on the reservation and exert more influence on policy, curriculum, and standards. Navajo policy and curriculum must be amended to incorporate historical Diné principles, values, and attitudes.
The education system on the reservation teaches the people to acculturate to American way of life. It does not teach the people how to balance historical Diné thought with contemporary living. Diné people can develop a critical consciousness to the oppression being experienced presently if Diné thought is taught. They can demand a change to the education system to reflect the humanity of the people. This redesigned education system can ensure Diné children learn the ability to think critically and to be creative. Diné ancestors had those abilities and skills.
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Michael Yellow Bird, associate professor at Humboldt State University, has proposed indigenous communities set up and develop critical thinking centers. These centers would transform the education of indigenous people and create the opportunity for them to develop critical thinking skills. At the moment, an American education does not fully develop the critical thinking skills necessary to perceive the social, political, and economic oppressions indigenous peoples face in the twenty-first century. Most Native American students in college are trained to learn the skills necessary to work for institutions that tell their workers what to do and negate the humanity of the individual. The role of education is not to control thinking and action and inhibit students’ creative power, it should instead help Diné citizenry to think, plan, live, and reflect.
Taiaiake Alfred in Peace, Power, Righteousness: An Indigenous Manifesto calls for such changes in indigenous governance. Alfred urges Indigenous communities to return to their historical political values to educate leaders committed to preserving indigenous nationhood. He details how indigenous people can develop a powerful and unifying force to overcome oppression. He draws upon the Rotinohshonni Condolence ceremony in the Iroquois Confederation to theorize a way indigenous people can free themselves from oppression. For instance, he equates the ‘requickening’ portion of the ceremony to bringing something back to life; that something is recognizing the discomfort in our communities. He writes, “The question being addressed here is, what’s wrong in our community? What is the fundamental concern that we’re dealing with as a people (Alfred, 1999: xxi)?” According to Alfred, areas to focus on include reclaiming indigenous space (intellectual, political, and geographic), developing indigenous consciousness, having a commitment to improving indigenous community, looking out for the dangers that might entice leaders, communicating the ideals to the community, keeping in touch with the historical teachings, and ensuring people are safe on the journey. Decolonizing the way Diné people have done things to this point is integral to creating a positive experience for the Navajo Nation. Alfred provides guidance when he states, “Adapt, change, go forward, but always make sure you’re listening to the traditional knowledge at the same time. Commit yourself to uphold the first principles and values. We have to refer to both the past and the future in our decision-making (Alfred, 1999: xxii).”
The Navajo Nation can use creativity and historical knowledge to craft a government with goals of harmonious cooperation, coexistence founded on respect for autonomy, and the principle of self-determination. In order to create a government that is fundamentally efficient, Diné people should be able to invoke the Fundamental Laws of the Diné in all aspects of life and not only in governance. These fundamental laws are the foundation of the people and way of life. These laws categorized as traditional, customary, natural, and common envision what Alfred describes as characteristic of an strong ideal indigenous nation: (1) wholeness with diversity, (2) shared culture, (3) communication, (4) respect and trust, (5) group maintenance, (6) participatory and consensus-based government, (7) youth empowerment, and (8) strong links to the outside world (Alfred, 1999: 82).
The following descriptions contain actions Diné people can consider in rebuilding Navajo governance. First, Diné people need to know and understand the Fundamental Laws. Diné communities must know what these laws mean for them. For example, in traditional law, it stipulates Diné people have the right and freedom to choose leaders of their choice. In the 2006 Navajo election, New Mexico State Senator Leonard Tsosie ran for the Navajo Nation council delegate position for Pueblo Pintado, Torreon, and Whitehorse Lake chapter houses. He was one of two selected for the position. However, because of his State Senator position, the Navajo Nation Election Administration and the Office of Hearings and Appeals requested he choose which position he wanted to serve. Tsosie wanted to serve both positions and argued the Fundamental Laws gave him the right to do so. The Navajo Nation Supreme Court did not agree. In their opinion, they stated the selection of a person by voters had two requirements. One was the selection of the person by voters and the other was the selected person must accept the selection and take an oath to defend and serve the laws of the Navajo Nation.
Customary, natural, and common law detail vital elements for the people and governance. Some Diné people know about these laws but the full knowledge and understanding of what these laws mean needs to be strengthened. For instance, in the natural law portion of the Fundamental Laws, it states:
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The right and freedoms of the people to the use of the sacred elements of life as mentioned above and to the use of the land, natural resources, sacred sites and other living beings must be accomplished through the proper protocol of respect and offering and these practices must be protected and preserved for they are the foundation of our spiritual ceremonies and the Diné life way; and it is the duty and responsibility of the Diné to protect and preserve the beauty of the natural world for future generations (Navajo Nation, 2002).
Navajo grass roots group have made numerous attempts to invoke the Fundamental Laws to protest mineral resource development on the Navajo Nation, specifically the building and operation of the Desert Rock Power Plant. The Navajo Nation Council and Supreme Court do not agree with this invocation. The plant has not been built, in fact, the Environmental Protection Agency has revoked its permit. Navajo grass root organizations and the government view the usage of the Fundamental Laws in distinct ways. That can not be for the present and future of the Navajo Nation.
A second action is to redefine the role of Navajo government. People who are committed to working on government reform for years can come together to formulate ideas about the central purpose of Navajo governance authority in their lives. This process can be idealistic and driven by the notion of how government can assist people’s lives. Different ideas might be brought out and shared resulting in a consensus-based understanding of the government’s purpose. Historically, Indigenous communities discussed ideas until an agreement was reached. Tom Holm, emeritus professor in American Indian Studies at the University of Arizona, describes this process.
Normally, Native councils were made up of elders, who, with their long experience and knowledge of tribal custom and law, settled disputes and made policy. All policy-making decisions rested on the ability of these elders to recall an instance from customary practice or from the tribal sacred history that could serve as an example for a resolution and convince others in the council to accept the precedent. The idea was to gain consensus based on already established law, whether sacred or secular, because the two were blended so as to be inseparable. That is why oratory was so highly esteemed in Native governance. A good speaker could persuade and become the wellspring of friendly relations. Good relations, in turn, were the bases for obtaining consensus (Holm, Pavlik and Wildcat, 2006: 55).
All ideas should be discussed. As many definitions of government function as possible should be included in the discourse. Diné people can be creative and visionary in this process. Once the creative framework is established, a more specific provision can result from this exercise.
A third action is to be mindful of historical notions of governance. The peacemaking courts function well for the purpose they were designed for, however, Diné communities should be cautious when citing tradition in government performance. For instance, Diné leaders and the people cannot cite the creation narratives as a way to bar a woman from serving as chief executive of the Navajo Nation. Historically and presently, Diné women have been leaders in families. Past leaders had humility, valor, honesty, integrity, and generosity; being a man or woman had no bearing on these characteristics. Holm describes what historical Indigenous leadership encompassed:
A leader must have demonstrated his or her courage in the face of adversity, his or her absolute integrity in reporting either the movements of game or tribal enemies, his or her humbleness in the performance of religious duties, and his or her munificence in preserving accord within the community. And leadership in Native communities was demonstrative and often specific (Holm, Pavlik and Wildcat, 2006: 56).
151 Past leaders put the people first rather than him or herself. For example, the Iroquois Confederation established the Pine Tree chiefs to acknowledge a person’s willingness to help the people first.
Should any man of the Nation assist with special ability or show great interest in the affairs of the Nation, if he proves himself wise, honest, and worthy of confidence, the Confederate sachems may elect him to a seat with them and he may sit in the Confederate Council. He shall be proclaimed a “Pine Tree sprung up for the Nation” and shall be installed as such at the next assembly for the installation of sachems. Should he ever do anything contrary to the rules of the Great Peace—no one shall cut him down—but thereafter everyone shall be deaf to his voice and his advice. Should he resign his seat and title no one shall prevent him. A Pine Tree chief has no authority to name a successor nor is his title hereditary (The Constitution of the Iroquois Nations, 1996).
Diné leadership was based on community prosperity and happiness not exclusion of one gender.
A fourth action is to allow creativity when improving government efficiency. If the people do not allow for imagination in the development of a fundamentally efficient and positive Navajo government, Diné communities will not believe in the institution. Rebuilding Navajo governance will take imagination, hard work, patience, and vision.
A fifth action is to work openly so Diné people know exactly what is taking place with governance. Without monitoring government, improvement might fail and the people will continue to be suspicious and ridicule it. All Diné people will lead the effort to rebuild and put resistance to a minimal. Sharing information and discussing the possible ways of rebuilding Navajo government is a need. Openness is fundamental because without it the legitimacy of an efficient Navajo government will fail. Good ideas will come about and the bad will fail. The Navajo Nation cannot fear its own citizenry.
A sixth action is to allow opposition and convince them that rebuilding Navajo government is beneficial for the Navajo Nation. Opposition will come from the conservatives within the community. Traditional people, who are concerned about undermining tradition, and old-style politicians, who are fearful of change, will most likely lead the opposition. One common denominator among all Diné people is the dislike of tribal government efficiency. All sectors of the Navajo Nation can work on improving government. By including traditional people and conservatives in the process, an efficient style of Navajo governance can occur. However, conservatives must be convinced that political rebuilding is in their own self-interest as well as for all people.
A seventh action is to have patience and to listen. This process will not be completed in one week, one month, or even one year. It will take some time. For many people who start this process now, they may not see the fruition of a fundamentally different and efficient Navajo government. People need to listen to one another. Failure and lack of patience and respect will lead to continued inefficiency.
The ultimate goal for improving governance is to ensure the system helps all Diné people. Improving government is resourceful for the Navajo Nation, it will boost morale, and future generations will take pride in what all people were able to do together.
Conclusion
Instead of attempting to reform the current hierarchical governmental system we can restructure it into a form of government of true unity, equality and connectedness to our spirituality, our communities and families. Rather than utilizing the hierarchical structure of government, the branches of the government need to be restored by holistic concepts representing the four cardinal directions with Dineh traditional teaching placed in each of the directions (Perry and Davis, 2001).
152 Carol Perry and Patricia Anne Davis issued the call for restructuring Navajo government. Others have also called for a new government system. Various Diné grass root organizations such as Diné Bidziil and Diné CARE have worked to rectify the problems in Diné communities and to protect Diné Bikéyah. As in all things in life, the current form of Navajo government offers both positive and negative outcomes for the people. While the positive has helped mature the Navajo Nation, the negative has entrenched the consequences of colonization to the detriment of morale and livelihood. Government is the people and only they can work to heal this pain. Rebuilding Navajo governance is key to the healing process.
There are three areas of concern in Navajo government: (1) the lack of connection between the contemporary structure to historical Navajo governance; (2) corruption by tribal officials; and (3) a referendum process that does not allow for a viable democratic process. While the tribal government has been reformed in the past, colonial notions of governance exist in the current structure. The peacemaking courts are the only entities in Navajo government connecting the philosophical principles of Hózh= and Sa’ah Naagháí Bik’eh Hózh==n to the way they function.
The following actions the people can take to rebuild Navajo governance are: (1) have a full knowledge and understanding of the Fundamental Laws of the Diné; (2) clearly define the function of government; (3) be mindful of historical notions of governance; (4) allow for creativity in the function of an efficient government; (5) work openly so all people know and understand what is taking place; (6) allow for opposition and convince opposing parties of the benefits to improving the government; and (7) to have patience. Diné communities can develop more actions over time to help themselves in the process. Rebuilding Navajo governance can only take place with the people understanding and working toward this objective. Diné ancestors sacrificed, protected, prayed, and died to ensure Diné continuance; helping to rebuild Navajo governance continues that legacy.
Bibliography
Alfred T (1999) Peace Power Righteousness: An Indigenous Manifesto. Oxford: Oxford University Press.
Holm T, Pavlik S and Wildcat DR (eds) (2006) Destroying Dogma: Vine Deloria Jr. and His Influence on American Society. Golden, CO: Fulcrum Publishing.
Indigenous Peoples Literature. (1996) The Constitution of the Iroquois Nations. Available at: http://www.indigenouspeople.net/iroqcon.htm
(2004) Navajo Chapters Object to Idea Tribe Would Own Their Casinos. Albuquerque Journal, 22 November.
(2003) Navajo grass roots fed up with tribal government. The Farmington Daily Times, 8 October.
Perry C and Davis PA (2001) Dineh Sovereignty is Spiritual Empowerment & Self-Identity. The Office of Government Reform Public Hearing, Window Rock, AZ.
The Fundamental Laws of the Diné, No. CN-69-02, Amending Title 1 of the Navajo Nation Code to Recognize the Fundamental Laws of the Diné.
Wilkins D (2002) Governance within the Navajo Nation: Have Democratic Traditions Taken Hold? Wicazo Sa Review 17 (1): 96-129.
Wilkins D (2003) The Navajo Political Experience Revised Edition. Lanham, MD: Rowman & Littlefield Publishers, Inc.
Young RW (1972) The Rise of the Navajo Tribe. In: Spicer E and Thompson R (eds) Plural Society in the
153 Southwest. Albuquerque, NM: University of New Mexico Press. <ˇ†ˇ>
LIMA DECLARATION OF THE WORLD CONFERENCE OF INDIGENOUS WOMEN November 6, 2013, Republished from Cultural Survival, http://www.culturalsurvival.org/news/lima-declaration- world-conference-indigenous-women
We, Indigenous women from the seven sociocultural regions of the world, met at the World Conference of Indigenous Women - ‘Progress and challenges regarding the future we want’ in Lima, Peru, from October 28-30, 2013. Our gathering included elders and youth, urban and rural, knowledge holders and healers, activitists and artists. We were honoured by the participation of our allies and supporters, including UN agencies, donors, governments and organizations in solidarity. We shared our stories, struggles, victories, challenges and proposals to move us forward building upon what we have already achieved.
We based our discussions on the contributions of those women who came before us, as well as our aspirations for future generations. We celebrated the strength, beauty and expertise of indigenous women at this gathering and around the world.
Indigenous Women assert our right to self-determination, which encompasses the direct, full and effective participation of Indigenous peoples, including the vital role of Indigenous women, in all matters related to our human rights, political status, and well-being. We endorse the principle: “Nothing about us, without us", and further declare "Everything about us, with us.”
Indigenous Women affirm our responsibility to protect the Earth, our Mother. Indigenous women experience the same pain and impacts from the physical abuse and excessive exploitation of the natural world, of which we are an integral part. We will defend our lands, waters, territories and resources, which are the source of our survival, with our lives. Protection of Mother Earth is an historic, sacred and continuing responsibility of the world’s indigenous peoples, as the ancestral guardians of the Earth’s lands, waters, oceans, ice, mountains and forests. These have sustained our distinct cultures, spirituality, traditional economies, social structures, institutions, and political relations from time immemorial. Indigenous women play a primary role in safeguarding and sustaining Mother Earth and her cycles.
Today, at this time of compounded crises of climate change and impending irreversible loss of biological diversity, Indigenous Women underscore the duty of States to protect the territories of Indigenous Peoples, as critical areas for the social, cultural and ecological recovery and resilience of humankind and the natural world.
For Indigenous Peoples, our lands and territories comprise not only the geographical and physical areas of our lands, waters, oceans, ice, mountains and forests, but also the profound cultural, social and spiritual relationships, values and responsibilities, that connect us to our ancestral homelands.
Indigenous Peoples’ sovereign jurisdiction over our lands, territories and resources is the foundation of our rights to self-determination, self-governance and free, prior and informed consent. State violations and failure to uphold these rights are a primary source of conflicts and overlapping claims by extractive industries, forest concessions, energy programmes, and other harmful projects arising from a failed and exploitative model of economic growth and development.
Indigenous women call upon states to recognize and respect our rights to lands, territories and resources as enshrined in Indigenous customary law, the UN Declaration on the Rights of Indigenous Peoples, and other international human rights instruments. This includes our right to freely pursue our own economic, social, and cultural development.
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There is an urgent need to implement the rights enshrined in the UN Declaration on the Rights of Indigenous Peoples. Indigenous women are active human rights defenders of all individual and collective human rights of our Peoples. We often bear the burden of social and environmental harms arising from the consistent denial and violation of our human rights and the lack of implementation and accountability of States.
Indigenous women and girls experience multiple forms of discrimination, lack of access to education and health care, high rates of poverty, maternal and child mortality. We are subject to all forms of violence, such as domestic violence and sexual abuse, including in the contexts of trafficking, armed conflict, environmental violence, and extractive industries.
As Indigenous women, we recognize the importance of sexual and reproductive health and education for all ages. This includes our associated rights to culturally appropriate health and education services in our communities, and the right to exercise, maintain, and control our own health knowledge and practices. We call for zero tolerance for all forms of discrimination, and all forms of violence against Indigenous Women and girls, which are among the worst and most pervasive forms of human rights violations perpetrated against Indigenous Peoples.
Finally, we affirm that Indigenous women have knowledge, wisdom, and practical experience, which has sustained human societies over generations. We, as mothers, life givers, culture bearers, and economic providers, nurture the linkages across generations and are the active sources of continuity and positive change.
In regard to forthcoming global events,
We call upon the WCIP to include the proposals in the Alta Outcome Document for the establishment of effective mechanisms to hold States accountable to their human rights and other obligations.
We call upon the WCIP to prioritise the issues and concerns of Indigenous Women in all the themes, organizational arrangements, outcome documents, and to ensure the full and effective participation of indigenous women, including elders and youth.
We call upon States, the UN system, and all relevant actors to ensure the effective implementation of the Plan of Action and Recommendations arising from the World Conference of Indigenous Women, including through the provision of sufficient finantial resources and other support within the frameworks and processes of Beijing+20, Cairo+20 and the Post 2015 Development Agenda.
We thank our hosts, the Indigenous Peoples and the Government of Perú, in particular CHIRAPAQ, Centro de Culturas Indígenas de Perú, and the International Indigenous Women’s Forum, Enlace Continental de Mujeres Indígenas, Asia Indigenous Peoples’ Pact, Indigenous Women Africa, Alianza de Mujeres Indígenas de Centroamerica y México, Asian Indigenous Women’s Network, Pacific Indigenous Women’s Network, and Indigenous Information Network. Together, we will continue our movement forward. -&*&*&*&- LETTER OF THE LORETTO COMMUNITY TO POPE FRANCIS ON RESCINDING THE DOCTRINE OF DISCOVERY
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LETTER OF PAX CHRISTI INTERNATIONAL ON RENOUNCING THE DOCTRINE OF DISCOVERY ACCOMPANYING THE LORETTO LETTER
Pax Christi Vieux Marché aux Grains 21 1000 Bruxelles, Belgium Tel : +32 2 502 55 50 / Fax : +32 2 502 46 26 [email protected] / www.paxchristi.net
To Rev. Olav Fykse Tveit Secretary General World Council of Churches P.O. Box 2100 1211 Geneva 2 Switzerland Brussels, 12 April 2012
Response to WCC “Statement on the Doctrine of Discovery and its Enduring Impact on Indigenous Peoples”
Pax Christi International congratulates the WCC Executive Committee on its 14 – 17 February 2012 Statement and warmly endorses its concluding expressions of solidarity, affirmation and its calls for on-going action.
In doing so, we would wish to note that the Statement takes a critical step forward in a process whereby the Catholic Church has increasingly distanced itself from the positions of some 15th Century Papal documents which form a base for what appears to be more of a political than a theological “doctrine”. However, it should be remembered that underlying the Doctrine is a fundamental belief in the primacy of [Western] Christians in intellectual, social, political and cultural as well as religious matters which still needs to be addressed in some quarters.
In a brief delivered to the Waitangi Tribunal examining constitutional issues in New Zealand, internationally-respected indigenous lawyer, Moana Jackson noted that Papal documents like "Dum Diversas" (1452), "Romanus Pontifex" (1455) and "Inter Caetera" (1493) affirmed in canon law an assumption "that any discovery of a heathen land by a Christian state automatically made it the sovereign property of the discoverer."(Moana Jackson; Brief of Evidence to Waitangi Tribunal 2010 (70.a)). "What was never discussed in all the legal debate", he goes on to claim, "was the legitimacy of the right itself … What was also never acknowledged was the application of any indigenous jurisdiction that might be in place … it was an essentially racist assertion of the right to dispossess." (Jackson, op cit (70.d and 70.d)
As the conquest of the Americas proceeded, voices were periodically raised against the treatment of the indigenous peoples and their land. Among these was that of the Dominican friar, Antonio Montesinos: “You are living in Mortal Sin because of the atrocities you impose on these innocent people.” (Sermon, Santo Domingo 1511) and. In his book, “A Short Account of the Destruction of the Indies”, Bartholeme de Las Casas (1474 – 1556) describes and reviles the inhumane treatment of fellow human beings. The campaigns of such men led to Pope Paul III’s 1537 Bull “Sublimis Deus” in which he proclaimed: “We consider that the Indians are truly men … The said Indians and all other people who may later be discovered by Christians are by no means to be deprived of their liberty or the possession of their property …”
158 Unfortunately, these imprecations were offset by a dominant perception of Christian European superiority which continued to justify colonial dispossession on the grounds that it was for the native’s temporal as well as eternal good. De Las Casas himself observed that such people need to be “cultivated” with “love, gentleness and kindness”.
Effectively, Jackson claims, "the right to dispossess … placed an obligation on the colonisers to treat those they were dispossessing with honour and the utmost good faith. By the late 18th century, [this] was the motivating ethos of a Humanitarian Movement that was especially influential in Britain. The doctrine of a benevolent protection, is premised on …racist dualities about the inferiority of indigenous peoples and the consequent assumption that they lacked the capacity to look after themselves." (Jackson op cit (71.c and 71.e).
By the end of the 19th century, Pope Leo XIII, in an encyclical “In Pluribus”, was moved to reiterate Pope Paul III’s declaration relating to indigenous, stating “that they all had a just and natural right … that each was master of his own person, that they could live together under their own laws, they could acquire land and hold property for themselves.”
But most advances in recognising the wrongs done to indigenous peoples came during the papacy of John Paul II. His Message for the World Day of Peace 1989, “To Build Peace, Respect Minorities”, followed visits to Australia and New Zealand where he delivered special messages to indigenous peoples. He made some very clear statements regarding the rights of ‘minorities’, including indigenous peoples subjected to dominant colonisation: “The first right of minorities is to exist … certain peoples … have always maintained a special relationship to their land, a relationship connected with the group’s very identity as a people having their own tribal, cultural and religious traditions. When such people are deprived of their land, they lose a vital element of their way of life and actually run the risk of disappearing as a people.”
A very similar stance is apparent in the Pontifical Commission Justitia et Pax 1988 statement, “The Church and Racism”: “The right of first occupants to land and a social and political organisation which would allow them to preserve their cultural identity … must be guaranteed.” In 2001, Pope John Paul II issued his response to issues raised at the 1998 Synod of Oceania Bishops in “Ecclesia in Oceania” (The Church in Oceania.) Though dealing with the situation of the nations of the South Pacific, it had obvious reference to other regions recovering from colonisation:
“It is the Church’s task to help indigenous cultures preserve their identity and maintain their traditions. The Synod strongly encouraged the Holy See to continue its advocacy of the United Nations Declaration on the Rights of Indigenous Peoples.”
“The Church will support the cause of all indigenous peoples who seek a just and equitable recognition of their identity and their rights and the Synod fathers expressed support for the aspirations of indigenous peoples for a just solution to the complex question of the alienation of their lands.”
Towards the end of the document, he apologised for past wrongs and pointed a way to the future: “The Church expresses deep regret and asks forgiveness where her people have been or still are party to these wrongs. Aware of the shameful injustices done to the indigenous peoples of Oceania [she] apologises unreservedly for the part played in these by members of the Church.”
There is a consistent development in these statements which makes it logical for Pax Christi International, as a Catholic peace movement, to support for the World Council of Churches’ call for the repudiating of the Doctrine of Discovery. Pax Christi Member Organisations in various parts of the world, particularly those based in countries whose indigenous peoples have been subjected to colonisation, have already been active in solidarity actions, the removal of unjust and discriminatory legislation and compensatory restoration of lands and fundamental human rights.
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But this timely Statement also calls on all in Pax Christi International to reflect seriously on our current commitment to developing closer relations with indigenous peoples, to broadening our reflection on theology and spirituality to include indigenous people and to ensuring that we are at all times open to their “visions of full, good, and abundant life” built on the peaceful relationships between God, People and Land.
Marie Dennis Bishop Kevin Dowling Co-President Co-President 2012-0144-en-gl-PB .___^^^^^^^___.
RESEARCH NOTES
POLAR BEAR HUNTING VIEWED THROUGH INDIGENOUS CROSSHAIRS
Moki Kokoris Originally posted on the Polar Bears International – Scientists & Explorers Blog, April 2013.
Part I
The ICON ON ICE: International Trade and Management of Polar Bears report states: “Managers, biologists, Arctic communities and conservation organizations may have differing opinions or different methods for achieving and measuring success or failure. However, they do share a common goal: to conserve polar bears.”
w w w w
Whether or not they subscribe to the science of human-induced global warming, tourists flock to the areas where polar bears can be viewed in their natural surroundings. The urgency to glimpse the majestic creatures “before it’s too late” is palpable, and staunch environmentalists have made the species the symbol of their various causes and advocacy campaigns.
An ostensible icon of the Arctic, the polar bear is attracting ever-increasing international attention. As the Far North continues to warm and the ecosystem is poised to experience an inevitable dramatic transition, this sentinel species has become the primary focus of conservation efforts, some of them misguided. Along with consequences for the polar bears themselves, the impacts of impending changes will affect not only their habitat, but also the lifestyles of the indigenous communities who have lived in harmony with the bears for countless generations.
Having evolved, adapted, and altered their distribution in relation to shifts in climate, landscape, and resource availability, all indigenous peoples throughout the Arctic region have a deep-rooted relationship with their environment. Wildlife and its spiritual significance have been central in the development of many Northern cultures, and often play an integral role in their respective oral histories, traditions, and mythologies. Even in the face of societal pressures of globalization, many indigenous groups continue to rely on herding, fishing, and hunting as their primary sources of subsistence, each of which enables the people to maintain their social, cultural and spiritual identities.
For the Inuit specifically, the polar bear and the hunting of it are means by which the hunters and their culture have defined themselves for thousands of years as is portrayed in northern art and legends. A traditional activity that ensures cultural cohesion and provides sustenance for the community, the polar bear hunt is a source of prestige, accomplishment and pride – but always with deep respect paid to the bear, even in death.
160 Just as one traditional story claims that nanuk was a man in disguise who would shed his pelt upon entering his home, there are many other legends and rituals associated with the taking of a polar bear. Once killed, the bear’s body would be oriented with its head facing North, and water was poured into its mouth as the last drink before its journey. The hunter might even hang the bear skin inside his igloo for a few days to give its spirit sufficient time to settle into the afterlife. Occasionally the bear’s spirit would be offered gifts. Such customs allowed the killed bear to share with other polar bears how well its spirit had been treated so that they, too, might one day agree to be hunted.
Traditional knowledge dictates that as little as possible of any bear taken is wasted. Its meat is shared with the whole community, the prime parts offered to the elders. Its bones are carved into tools and handicrafts, the hide fashioned into clothing (i.e. fur pants, mittens, boots or mukluks, fur ruffs for parkas), and various raw membranes are used to make instruments such as traditional drums and shamanistic implements.
Because polar bear hunting is a controversial and invariably contentious issue, and particularly since there are so many regulatory aspects and data to consider, it is difficult to establish a single viewpoint or recommended course that will guarantee an optimal conservation outcome. The complexities of the issues notwithstanding, we should nevertheless strive to foster a balanced and objective discourse, without marginalizing the indigenous frame of reference.
It is important to note that the 1973 Agreement on the Conservation of Polar Bears and subsequent conservation efforts and actions taken by polar bear range countries (the United States, Canada, Greenland/Denmark, Norway, and Russia) have helped to preserve polar bear populations in much of their historic territories, but it is essential to bring attention to the fact that representatives of Northern indigenous groups are not yet being given equal bearing at policy-making tables.
Fundamentally, not only to the aboriginal peoples of the Arctic but to all indigenous cultures who inhabit this Earth, the ultimate edict is that man is not distinct from nature but is a part of it. Human beings are an inherent component of the ecosystem as a whole. We in the industrialized – and seemingly more civilized – world have lost our connection with nature. When we are hungry, we have the luxury of buying our food in prepackaged form, and we rarely think about all the steps required to bring it to our shelves in that state. Likewise, when we are cold, we have the option of purchasing a thick parka that we choose from a store rack. How often do we question where the goose down that will keep us warm came from or how it is collected? To most of us who are accustomed to modern day conveniences, the concept of subsistence is foreign, and yet our tendency is to judge those who live in a very basic and direct relationship with an environment that is the sole source of food, shelter and clothing.
Many television programs and films feature nature as it really is “out in the wild.” As we observe the dynamic interplay between the hunter and the hunted, the majority of us will hope that the seal escapes the polar bear’s attack, but at the same time, we grieve for the polar bear mother who lost her cubs to starvation, her own future in jeopardy. Only when we view the seal and polar bear jointly do we grasp the relationship in which the two species exists. Moreover, considering the indigenous conviction that humans are an equal constituent in that same environment and ecosystem, why would we not condone the hunter’s pursuit to take a seal or polar bear that will feed and clothe not just the hunter’s own family but many others in the community? These are the principal rules of nature.
Native peoples around the globe do not presume that they are superior to the animals they hunt because they understand that humans are intimately intertwined with the ecosystem and are intrinsic to the cycle. They respect the interconnectivity of the natural world by taking only what they need, thereby maintaining a sustainable balance that guarantees survival for all. How could their lifestyle be criticized as unethical in comparison to ours of over-consumption and little regard for how our behavior affects the planet?
161 Perhaps without considering the negative repercussions of their biased crusades, and as well-meaning as their intentions may be, “save the seals” or “save the polar bears” flag-waving activists who categorically oppose all hunting – including harvests based on sustainable quota systems – may not realize that they are wrongfully removing man from the system of ecological interdependence. In taking that stance, the protesters are unjustly condemning native hunters for following millennia-old practices that manifest as much respect for their quarry as for man’s place in the symbiotic natural order of life. We would do well to honor this perennial indigenous wisdom.
There may be many valid opinions on the topic of polar bear hunting, however, the indigenous perspective remains the most crucial scope through which all of us should view the issue. By granting the native peoples the freedom to hunt polar bears as they always have, we are helping them preserve their subsistence cultures, and in the process we are entrusting the future of the polar bear to the people who best understand and can safeguard its place in our world.
Part II
Revelations from the Desk of a Reformed Activist
This segment of the two-part article is written in the first person because it reflects my own views as they have evolved through time, experience and personal edification.
Part I of this entry expressed a perspective I did not always have. In mentioning “flag-waving activists who categorically oppose all hunting,” I was also referring to myself in the past. With respect to the Arctic’s ecological interdependence of species, I knew little about the intricate aspects of a subsistence lifestyle prior to my direct interactions with indigenous people. That lack of understanding was evidenced by my vehement protests against the hunting of polar bears across the board. But for the sake of the future of Inuit hunter and polar bear alike, my views have fortunately changed, transforming me from the uninformed subjective activist I had been to the more objective advocate for indigenous rights I have become.
As my participation at annual Permanent Forum on Indigenous Issues conferences at the United Nations over the past decade has offered me numerous opportunities to meet and speak with representatives of all indigenous populations around the globe, I grew to understand that these groups lay claim to an ancient ethic of responsibility toward the environment and all the creatures that thrive in it.
In direct contradiction with the accepted views of the industrialized world, to all indigenous peoples, their environment is not a “grocery store at the service of men.” Aboriginal people survived for millennia by respecting nature and living sustainably in a symbiotic relationship with it. They do not attempt to conquer the natural world nor mold it nor exploit it, and their cultural belief systems are fundamentally based on the interconnectivity with their surroundings.
Regrettably, westerners have a tendency to believe that because we have been formally educated, it is somehow our responsibility to go forth and “civilize” those whom we view as more primitive. As I have gained broader perspective and look back at my own past actions, though any effort to “improve upon” age-old traditions may seem to be altruistic, I now know that it is nevertheless misguided. Why had I assumed that my values were superior? As well intentioned as my mission might have been, why was I imposing my ethics and philosophy on people to whose lifestyles I could not relate?
We must think about the inadvertent consequences of our activism. By prohibiting the Inuit to hunt seals or polar bears even within quota limits, we force them into living scenarios in which their only option is to rely on government subsidies, be it for food or clothing, all of which is imported and therefore prohibitively expensive. As 162 I had zealously endeavored to save the seal and the polar bear, I was unwittingly condemning an entire culture to a lifestyle to which it cannot relate.
It is not the polar explorers nor the colonialists nor any of us environmental activists, but the Inuit people (and their counterparts in other territories of the Far North) who should be regarded as “guardians of the Arctic.” Their lives are directly intertwined with the ecosystem of which they are a crucial component and which is the source of the traditional knowledge that sustained them and which they sustained for thousands of years. They themselves call their relationship with nature "a common understanding of what life is about." It is this mutualism that defines the Inuit spirit. And it is that spirit that I finally chose to honor.
The reason I speak on this topic with so much passion is because I feel it is critical that all of us examine the validity of our convictions before we decide to embark on a course of action that could be one-sided. While I still consider myself an environmental activist, and one who adamantly opposes trophy hunting of any kind, my personal evolution as it relates to indigenous practices has offered me a balanced perspective that is respected not only in wide societal circles but also by the Inuit themselves. Just as the Inuit respect and guard the Arctic and the animals with which they coexist, so I respect and guard their rights, cultural knowledge and inextricable relationship with the polar bear. <<<+<>+>>>
DUCK DOWN AND THERMOSTATS IN AN INTERCONNECTED WORLD
Moki Kokoris, “Duck Down and Thermostats in an Interconnected World”
It was in 1913 that American filmmaker and explorer Robert Joseph Flaherty first landed on the Belcher Islands in what is now the Qikiqtaaluk Region of Nunavut, Canada. Though most of the 30,000 feet of footage he took with his hand-cranked motion picture camera was lost in a fire, the Inuit culture he encountered in the Belchers intrigued him deeply enough that he was inspired to make a new film that would document the life of a traditional Inuit family. The dramatic interpretation Nanook of the North (1922) went on to become the first commercially successful feature-length documentary, for which Robert J. Flaherty is known as the father of the documentary film.
When viewed on a satellite image, the archipelago of 1,500 separate islands that comprise the Belcher Island chain gives an appearance of marbled paper. Composed of folded meta-sedimentary rock, the grouping collectively covers an area of 5,000 square miles in southeastern Hudson Bay, approximately 1,160 of which are dry land. The archipelago’s 800 residents reside in the hamlet of Sanikiluaq on the northern coast of Flaherty Island, one of the four larger islands.
As in many regions across the Arctic, there is no agriculture or farming on the chain due to the lack of arable soil. Therefore, the residents of Sanikiluaq rely mainly on subsistence hunting, following age-old Inuit traditions. Hunters supply food not only for their own families but for the entire community. The waters around the islands support a wide variety of fish including Arctic char, capelin, lumpfish, and cod. Predominant wildlife that provides food, clothing and other necessities consists of beluga whales, ringed and harbor seals, walrus, and large populations of the Common Eider duck. Even today, the Inuit depend heavily on the fish and seals, but it is with the Eider that these indigenous people have the strongest historic relationship.
Many of the low-lying islets provide prime nesting grounds for the Eiders. The strong water currents around the islands in the winter create ice-free areas, called polynyas. Because these areas of open water allow the sea-ducks to dive for urchins and mussels on the sea floor throughout the year, the Eiders remain in the Belchers through the winter instead of migrating south. They are an important resource for the Inuit who continue to rely on the ducks for their livelihood. Eiders are harvested for their meat to this day, and until only one generation ago did the Belcher Inuit still use their feathered skins to make their coats. Traditionally, men wore anoraks made only
163 from Eider drakes (mainly black with white accents), and women wore amautiit constructed exclusively from Eider hen skins (speckled brown). More recently, along with a few eggs that are collected for personal sustenance, small clumps of down are sustainably gathered from the Eiders’ nests during nesting season with which the Inuit fill contemporary fabric parkas.
Seriously troubled by major die-offs of thousands of Eider ducks during typical winters during the 1990s, the Belcher Island community contacted the Canadian Wildlife Service. It was eventually determined that the large-scale hydroelectric projects built near James and Hudson Bays in the 1970s were the root cause. Little was known at the time about the impacts these dams would have on the surrounding ecosystem. Initially deemed to be a “green” alternative to coal-fired and diesel power generation, hydroelectric plants require the damming of rivers and collection of spring run-off. To power the turbines, the water from these reservoirs is released during the winter months when energy demand is highest in the regions using the electricity. Research now shows that as it enters the saltwater, the released freshwater decreases salinity in the bay, causing the bay to freeze up more quickly over a much larger area, often catching wildlife by surprise. These freshwater plumes result in frequent entrapments and mass die-offs of not only Eider ducks but also belugas.
Moreover, because most species of phytoplankton are adapted to narrowly specific marine environments and conditions, even minor changes in salinity levels, currents and sea ice conditions can create major disruptions in the food chain. One of the unexpected biological effects is that hunters report that carcasses of the seals and belugas they dispatch sink before they can be retrieved. This phenomenon is a principal example of the cumulative impact the hydroelectric dams can have on animal development. The food sources of seals and belugas determine the composition of their body fat. Seals, for example, have different buoyancy in freshwater than they do in seawater. The bodies of the killed seals sink and come to rest several meters below the surface in the water column beneath the freshwater plume. Belugas that have a thinner layer of blubber due to the imbalance in their food supply simply drown and are lost altogether. Additionally, thinning sea ice and increasingly unpredictable weather patterns render hunting too dangerous, and therefore make the Eider a relatively easier-to-obtain quarry.
As a direct consequence of hydroelectric industry practices, the plight of the Common Eider population has been no less grave. In an attempt to remedy the growing problems, a group of Inuit and Cree leaders traveled to New York in 1996, to lobby against further hydro-development. Their monumental First Nations rights achievements at the time have now become tenuous as energy demand and pressures to establish new hydro projects increase.
In collaboration with the Canadian Wildlife Service, Canadian ecologist Joel Heath came to Sanikiluaq in 2002, to study the ducks and create a community-based monitoring program that would combine the collected scientific data with traditional knowledge. Not only would such a process empower the community, but it could help the Inuit people who are directly impacted to address the environmental changes in a more comprehensive way.
While researching the ducks and their habits, Joel developed new time-lapse monitoring technology and an underwater camera system that captured the first ever images of Eiders diving below the sea ice. During this time, he also compiled a series of stories in which the local Inuit shared their concerns about the troubled future living with the hydroelectric dams that power eastern North America in such close proximity. This seven-year effort became Joel Heath’s first feature documentary film called People of a Feather.
To better understand the environmental impacts, the Flaherty Island hamlet formed the Sanikiluaq Environment Committee, which in the early 1990s conducted a three-year survey to record what indigenous hunters and elders knew about Hudson Bay, and what changes they were observing. Their observations were published in the book Voices from the Bay: Traditional Ecological Knowledge of Inuit and Cree in the Hudson Bay Bioregion. Joel Heath’s People of a Feather film and the subsequently established Arctic Eider Society support and further build on their predecessors’ objectives.
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In the director and filmmaker’s own statement, “Motivated by deep personal relationships and intimate first hand experience, the film presents an engaging story of life in the Arctic through the eyes of Inuit. Dialogue among characters establishes context, creating an open discussion of critical socio-environmental issues with limited voiceover. Versatile cinematography (Canon 7D) and unprecedented access provide stunning visuals, capturing uninhibited moments, reflecting modern life while maintaining deep roots in the Flaherty tradition. The drama is carried by the unique rhythm of the Arctic seasons, juxtaposing past and present revealing increasing discord as we travel through the seasons that are ultimately being disrupted.”
Evidence shows that the simple act of turning on a light switch in Quebec or adjusting a thermostat in a New York City apartment creates a cascade of cumulative consequences on the ecology of Hudson Bay, its sea ice and currents, salinity levels, and ultimately on the complex dynamics of the Gulf Stream and thermohaline circulation that controls climate patterns around the globe.
It may not be possible to halt expansion of the hydropower industry, but “the eyes of a remote subsistence culture challenge the world to find energy solutions that work with the seasons.” The future of the changing environments and economies depend on it, and the fate of the Common Eider and its feather-clad human partners will be much less uncertain…
For more information, visit these websites: http://www.peopleofafeather.com/, http://www.arcticeider.com/. -+<::::::<>::::::>+-
ARTICLES
As IPJ is a refereed journal, articles may be posted on a different schedule from the rest of the journal. We will send out an e-mail announcement when the next set of articles are posted when they are not posted with a regular new journal, and they can be downloaded as a pdf file. Current articles are available with list on line at: http://www.indigenouspolicy.org/ipjblog/. >>>>:------+------:<<<<
REVIEWS
John W. Friesen,* Review of The New Buffalo: The Struggle for Aboriginal Post-Secondary Education in Canada by Blair Stonechild. Winnipeg, MB: University of Manitoba Press, 2006, 190pp., including notes, bibliography and index.
Although somewhat dated because of Canada’s rapidly changing academic landscape, this book is worthy of a late review because it represents the cutting edge of the Indigenous foray into formerly forbidden territory. Replete with relevancy—a catchy title, easy-to-read prose, and up-to-date statistics, Professor Stonechild deserves praise for outlining the successes and challenges of Aboriginal post-secondary education in Canada.
Penned in six distinctive chapters, the book’s introduction takes a bit of a reach in suggesting that post- secondary education represents the buffalo of the past; after all, the lumbering beasts of the prairie did at one time provide for the comprehensive needs of the nation’s First Peoples, whereas even a good college education can hardly provide all-inclusive sustenance. That said, Stonechild deserves commendation for documenting the tempestuous trail of Aboriginal post-secondary education. Hopes rise high, however, as Stonechild indicates when he observes that “The role of Aboriginal post-secondary education has evolved from a tool of assimilation to an instrument of empowerment” (p. 2). However, if this dream is to become reality, serious changes need to be made with regard to funding. For example, it is true that provincial funding for elementary and secondary education for off-reserve First Nations is in place, but when it comes to post-secondary education, legal stipulations about responsibility remain unclear (p. 3).
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A brief summary of the book’s six chapters will elucidate Professor Stonechild’s agenda. The first chapter outlines early government policies regarding Indigenous post-secondary education including the funding of residential schools, largely run by religious organizations featuring teachers with little or no relevant training, paralleled by dozens of day schools with similar features and an assimilative agenda. Concerns about post- secondary education (chapter two) was never much of a concern until the production of the Canadian federal government’s White Paper (1969), and Native response the following year in the form of the Red Paper inspired by Alberta’s Indian chiefs. This report was followed up with a comprehensive report by the National Indian Brotherhood in 1972. The reality was that by 1976, only 750 individuals of Aboriginal ancestry in Canada had obtained university degrees (p. 42).
The third chapter outlines government response to the dismal record of Aboriginal post-secondary experience during the 1970s. Six major educational targets were identified, including the promotion of post- secondary enrolments featuring specially developed Native studies programs. By 1986 some twenty such programs were in existence in Canada, pioneered by Father Andre Renaud at the University of Saskatchewan in 1961. Although deemed somewhat of a breakthrough for the Indigenous cause, like other university undertakings, the underlying objective was assimilative in nature. This appears not to have hindered the increase of Indigenous students enrolled in postsecondary institutions (chapter four), so much, in fact that by the mid 1980s the federal government placed a cap of 93.7 million dollars on financing for some 35,000 students. The cutbacks were accompanied by stringent measures about qualification. The government was not prepared for the public demonstrations that followed.
In chapter five Stonechild documents the evolution of the Native “taking back” post-secondary education campaign via the Hawthorn Report of 1963, the Penner Report of 1983, and the 1996 Royal Commission on Aboriginal Affairs, all of which implied or emphasized the need to expand the principle of Aboriginal self- government. Four models of governance are outlined: (i) the assimilationist model, which implies the incorporation of Native studies programs; (ii) the integrated model, which allows for some Aboriginal input through advisory committees; and (iii) the independent model, which endorses the establishment of tribal colleges that heretofore have been compelled to operate with limited resources. Stonechild indicates that underfunding is a common challenge for tribal colleges in both Canada and the United States, therefore endorsing (iv) the federated model, exemplified by the Saskatchewan Indian Federated College and Navajo Community College which are financially and administratively independent. This model also fosters encourages increased involvement of stronger ties with members of local communities.
Stonechild offers his most emphatic analysis in the final chapter by quoting Aboriginal leaders who claim that the country continues to fail Native students in their quest to “capture the new buffalo.” His survey of Native postsecondary education proceeds province by province, pointing out that Aboriginal postsecondary institutions operate in six provinces with only two in the four Atlantic provinces and one in the Yukon. If the liberal ideology of equal rights, allegedly entrenched in the Canadian psyche is to have merit, increased efforts in this sector will have to be undertaken for the First Nations of Canada.
With this writing Blair Stonechild has accomplished an outstanding academic task, carefully backing each observation with indisputable statistical evidence. I could only wish that a scholar with his experience in teaching and research would have been a bit more precise in offering specific recommendations. It goes without saying that the present federal government could certainly use some assistance in this important matter.
*John W. Friesen is on the Faculty of Education at the University of Calgary ………………………………………………………………………………………….
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John W. Friesen,* Review of The Poetics of Land & Identity Among British Columbia Indigenous Peoples by Christine J. Elsey. Halifax, NS: Fernwood, 2010, 138pp., including glossary, bibliography, and index.
If one’s reading tastes gravitate towards “something a little different,” this volume easily qualifies. However, because of the writer’s penchant for language peculiarity, this nature of this scholarly work may motivate readers to search for more easily read accounts on the subject and drive them away from what could be an insightful experience.
Elsey’s purpose in writing is to re-visit the traditional Indigenous attachment to land using a poetic paradigm (poiesis) at least partially derived from non-Aboriginal sources. As the glossary states, poiesis, is a term “originally drawn from the works of philosophers Aristotle and Heidegger, and means poetry or poetics. The term is used throughout this book to refer to the symbolic expressions of the lived body as they emerge directly from experience” (p. 126). Perhaps the author’s melding of non-Aboriginal thinking in elaborating the Indigenous proclivity towards the land will help to bridge the rapidly diminishing gap between contemporary Native and non- Native philosophical frames of reference.
The Poetics of Land and Identify is made up of seven chapters, each of which is anchored in Elsey’s metaphoric orientation. The first chapter, entitled, “The People in the Land and the Land in the People,” sets the stage for the argument that Canada’s First Nations cultures were and are unique in this respect. Perhaps that very claim requires closer examination in light of the fact that many Canadian farming communities consider themselves very much tied to the land, even in a spiritual sense. Amish, Hutterite, and Mennonite farmers are particularly exemplary in this regard. It is a well-established legendary truth that when an Amishman intends to buy a piece of land he takes off his shoes and walks barefoot across a field in order to get the “feel of the earth.”
In chapter two Elsey documents the historical Aboriginal struggle to maintain a meaningful land attachment against the formation of “White Man’s Maps” and “the Myth of Inadequate Civility.” Elsey blames Canada’s first European immigrants for positing an “either-or” orientation towards land, describing their view of land as as “inalienable, material, private property, while the traditional Indigenous perspective may be defined as “a holistic terrestrial consciousness” (p. 43). Surely this dichotomy exaggerates reality in light of subsequent developments in American land apportionment of Native lands, and subsequent changes in vocation, as well as the pending Nisga’a preference for the same arrangement in British Columbia.
Chapter three continues along the poetic trail by extolling the role of “the other parties” in treaty making, representing the Aboriginal side—trees, rocks, deer, and fish (p. 44), while chapter four seeks to build a case for a strong land attachment through Indigenous stories and legends. Depictions of territory as iconic poiesis, however, are validated by non-Aboriginal sources, namely the works of Franz Boas and Irving Goldman, rather than relying on Indigenous sources such as wisdom of the elders. The selection of non-Aboriginal authority could raise questions about the validity of the thesis that either-or thinking separates the two camps. By citing Boas and Goldman it seems plausible that non-Aboriginals can become quite “in-the-know” when it comes to authenticating Indigenous ways of thinking. Perhaps the two philosophical orientations—Aboriginal and non-Aboriginal are not that far apart after all. Besides, significant changes in thinking have occurred in both camps since the time of first contact.
The fifth chapter introduces the notion of “storyscape,” a concept intended to “address a geographic region that represents a cultural world by virtue of its meaningful, poetic, and storied significance based on the historical tellings of regional events” (p. 126). Chapter six continues in the same vein by introducing the poiesis of “enfoldment” in the context of a case study pertaining to Stein Valley Nlaka’ pamux Heritage Park. Among other things—like a boulder, an old Aboriginal trail, a very large painting site, etc., the case study is intended to illustrate how “place names provide a linguistic map of the territory and give a description of the land at a certain place, after the manner of the land’s speaking…” (p. 107).
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The final chapter represents an attempt to explain “how the phenomenological view on the imbrication of the self and the world—an interconnected process—is useful in illuminating the non-dualistic approach in the world-view represented in the B.C. First Nations oral traditions, symbolism and folklore” (p. 123). The present hope is that the alleged gap between the two philosophical perspectives can further be narrowed as larger numbers of non-Aboriginals, like Maurice Merleau, Martin Heidegger, Richard Zaner and others (p. 123) grow in their understanding of and appreciation for the Indigenous attachment to land.
Sadly, because of its esoteric approach and content this book will probably not be read by many, and it should be. Individuals do not suffer simply because their minds are challenged to think in another dimension.
*John W. Friesen is on the Faculty of Education at the University of Calgary. >HIHIH<
REVIEW OF WARREN ELLIS, GUN MACHINE Thomas Brasdefer, “review of Warren Ellis, Gun Machine [email protected]
If you looked up Warren Ellis’ name in 2013, chances are that he will be introduced as a comic book author. And that is certainly the way he became known – as the writer of illustrated stories, or “graphic novels” – long form story writing. Gun Machine is Warren Ellis’ second fictional novel, where he has to rely entirely on his own descriptions to conjure images. Crooked Little Vein was the story of a rogue detective whose mission is to find a covert founding document of the United States which has been lost in a less-than-reputable establishment by a previous U.S. president. The “Crooked Little Vein” of the title refers to the path less travelled when visiting North America – away from straight interstate lines and spiritually void tourist traps.
Gun Machine, albeit a very different story from Crooked Little Vein’s, explores a somewhat similar territory, one that is dear to its author. Detective John Tallow, the protagonist, witness the death of his partner by shotgun. The shooter is an ordinary man who did not understand or accept why the owners of his building evicted him. His identity is rather unimportant; upon further investigation, the floor on which the shooter was located reveals a cache of weapons that was not just meticulously ordered: it was arranged in such a way that each gun had a meaning. It painted a picture invisible to the naked eye. For lack of better terms, it was a “gun machine”: a dynamic assemblage serving a purpose towards something, or someone.
As he investigates further with the help of a couple of forensic specialists, John Tallow finds that the dilapidated building, which has been previously deemed unworthy of elevators, is situated in a strategically important place for a fraction of New York’s population. For example, its location makes it centrally important to traders who require the fastest network connection to Wall Street. It is also built on Pearl Street, where the Lenape of New York used to find sustenance, where the New Amsterdam traders used to exchange goods with the indigenous peoples, and subsequently other American settlers. The strategic significance of the place was not new
That is, until someone well-versed in indigenous history and sufficiently aware of modern conveniences made it their (ghastly) home. Detective Tallow’s quest is an exploration of modern and ancient history to find a killer who managed to remain below the radar of contemporary policemen while committing the most primitive crimes. The murderer’s methods are both a reminder of the very narrow accuracy of maps and their inaptitude to convey a true account of places and spaces. Tallow must instead rely on traditional knowledge – his own and the place’s – in order to solve the gun machine mystery. Pinnacle of irony is that the revelation of New York’s past history springs from its very repetition, as technocrats oust the new New York natives to establish their empire.
168 Gun Machine, whose adaptation for television will almost certainly lose some of its scathing social commentary, is a riveting work of fiction to be enjoyed by all – save for the graphic imagery and language which may be a deterrent for younger minds. It is also a clear assertion of Warren Ellis’ talent as an excavator qua storyteller, whose political role lies in the maintenance and transmission of knowledge. And while Gun Machine is not so much about indigeneity as it is about modern existence, its themes resonate strongly with the issues of territory and policy that can be found throughout Indian Country today. >>>>))))+((((<<<<
MEDIA NOTES
University of Arizona Press listings include: Andrae M. Marak; Laura Tuennerman, At the Border of Empires: The Tohono O'odham, Gender, and Assimilation, 1880-1934 (232 pp. for $55 Cloth); Craig N. Cipolla, Becoming Brothertown: Native American Ethnogenesis and Endurance in the Modern World (240 pp. for $50); M. Bianet Castellanos; Lourdes Gutiérrez Nájera; Arturo J. Aldama, eds., Comparative Indigeneities of the Américas: Toward a Hemispheric Approach (376 pp. for $37.95 Paper); Mark D. Mitchell, Crafting History in the Northern Plains: A Political Economy of the Heart River Region, 1400–1750 (288 pp. for $60 cloth); Foreword by Gregory Cajete; Edited by Lloyd L. Lee, ed., Diné Perspectives: Revitalizing and Reclaiming Navajo Thought (208 pp. for $29.95 paper); C. Timothy McKeown, In the Smaller Scope of Conscience: The Struggle for National Repatriation Legislation, 1986–1990 (288 pp. for $26.95 Paper); Alice Beck Kehoe, A Passion for the True and Just: Felix and Lucy Kramer Cohen and the Indian New Deal (256 pp. for $55 Cloth); Matthew Liebmann, Revolt: An Archaeological History of Pueblo Resistance and Revitalization in 17th Century New Mexico (328 pp. for $30 Paper); Daniel J. Herman, Rim Country Exodus: A Story of Conquest, Renewal, and Race in the Making (400 pp. for $60 cloth); Allice Legat; Foreword by Joanne Barnaby, Walking the Land, Feeding the Fire: Knowledge and Stewardship Among the Tlicho Dene (184 pp. for 32.95 paper); and Michelle M. Jacob, Yakama Rising: Indigenous Cultural Revitalization, Activism, and Healing (152 pp. for Cloth), all from the University of Arizona Press, 355 S. Euclid Ave., Suite 103, Tucson, AZ 85701, phone/fax (800) 426-3797, http://www.uapress.arizona.edu/.
Offerings from the University of Hawaii Press include: Hudson, Mark J.; Lewallen, Ann-Elise; Watson, Mark K., ed, Beyond Ainu Studies: Changing Academic and Public Perspectives; Robert J. Cabin, ed. Restoring Paradise: Rethinking and Rebuilding Nature in Hawai‘i (Three quarters of the United States’ bird and plant extinctions have occurred in Hawai‘i, and one third of the country’s threatened and endangered birds and plants reside within the state. Yet despite these alarming statistics, all is not lost: There are still 12,000 extant species unique to the archipelago and new species are discovered every year. In Restoring Paradise, Robert Cabin shows why current attempts to preserve Hawai‘i’s native fauna and flora require embracing the emerging paradigm of ecological restoration—the science and art of assisting the recovery of degraded species and ecosystems and creating more meaningful and sustainable relationships between people and nature. 280 pp. for $24.95 paper); Michael French Smith, A Faraway, Familiar Place: An Anthropologist Returns to Papua New Guinea (gives the lie to stereotypes of anthropologists as either machete-wielding swashbucklers or detached observers turning real people into abstractions. Smith uses his anthropological expertise subtly to illuminate Papua New Guinean lives, to nudge readers to look more closely at ideas they take for granted, and to take a wry look at his own experiences as an anthropologist. Although Smith first went to Papua New Guinea in 1973, in 2008 it had been ten years since he had been back to Kragur Village, Kairiru Island, where he was an honorary “citizen.” Through practicing Taoist “not doing,” Smith continues to learn about villagers’ difficult transition from an older world based on giving to one in which money rules and the potent mix of devotion and innovation that animates Kragur’s pervasive religious life. 272 pp. for $52 cloth); Matthew G. Allen, Greed and Grievance: Ex-Militants’ Perspectives on the Conflict in Solomon Islands, 998–2003 (264 pp. for $55 cloth); Moshe Rapport, ed., The Pacific Islands: Environment and Society, Revised Edition (458 pp. for $48 paper); Richard Pearson, Ancient Ryukyu: An Archaeological Study of Island Communities (432 pp. for $55 cloth); Selwyn Katene, The Spirit of Māori Leadership (188 pp. for $35 paper); and Mikael Gravers and Flemming Ytzen, eds, Burma/Myanmar—Where Now? (160 pp. for $20 paper, $65 cloth), All, plus $5 first item, $1 each additional, shipping, from University of
169 Hawai’i Press, 1840 Kolawalu St., Honolulu, HI 96822 (808)956-8255, [email protected], http://www.uhpress.hawaii.edu.
Recent offerings from the University of New Mexico Press include: Jon C. Lohse, Clasic Maya Politival Ecology: Resource Management, Class Histories, and Political Change in Northwestern Belize (254 pp for $67 paper); Edward Dorrn; Matthew Hofer, ed., The Shoshoneeans: The People of the Basin-Plateau, Expanded Edition (256 pp. for $34.95 paper ), all plus $5 for the first item and $1 for each additional, shipping, from the University of New Mexico Press, MSC04 2820, 1 University of New Mexico, Albuquerque NM 87131-0001 (505)272-7777 or (800)249-7737, http://www.unmpress.com/.
University of Nebraska Press offerings include: James H. Howard, The Canadian Sioux, Second Edition ( $30 paper); Gregory O. Gognan, Culture and Customs of the Sioux Indians ($19.95 paper); Roxanne Dunbar Ortiz, The Great Sioux Nation ($21.95 paper); and Allen E. Grey, The Life of Chief Joseph ($15/95 paper), all, plus $5 for the first item, $1 for each additional, from University of Nebraska Press, 1111 Lincoln Mall, Lincoln, NE 68588 (800)755-1105, [email protected], www.nebraskapress.unl.edu.
Offerings from the University of Oklahoma Pres include: Jerome A. Greene American Carnage: Wounded Knee, 1890 (648 pp. for $34.95 cloth); M. John Lubetkin, Jay Cooke’s Gamble: The Northern Pacific Railroad, the Sioux, and the Panic of 1873 (400 pp. for $29.95 paper and cloth); Gary Clayton Anderson, Ethnic Cleansing and the Indian: The Crime That Should Haunt America (472 pp. for $29.95 cloth); William R. Nester, The French and Indian War and the Conquest of New France (400 pp. for $34.95 cloth); Danna A. Levin Rojo, Return to Aztlan: Indians, Spaniards, and the Invention of Nuevo México (320 pp. for $34.95 cloth); Ronald K. Wetherington and Frances Levine, eds, Battles and Massacres on the Southwestern Frontier: Historical and Archaeological Perspectives (260 pp. for $24.95 paper); Edwin R. Sweeney, ed, Cochise: Firsthand Accounts of the Chiricahua Apache Chief (336 pp. for $49/95 cloth); Ronald D. Parks, The Darkest Period: The Kanza Indians and Their Last Homeland, 1846–1873 (328 pp. for $34.95); Diana Meyers Bahr, The Students of Sherman Indian School: Education and Native Identity since 1892 (192 pp. for $29.95 paper); Robert S. McPherson, Viewing the Ancestors: Perceptions of the Anaasází, Mokwic˘, and Hisatsinom (256 pp. for $34.95 cloth); C. Daniel Crews and Richard W. Starbuck, eds, Records of the Moravians Among the Cherokees Volume Five: The Anna Rosina Years, Part 3: Farewell to Sister Gambold, 1817–1821, (648 pp. for $60 cloth); Sergio Quezada, Translated by Terry Rugeley, Maya Lords and Lordship: The Formation of Colonial Society in Yucatán, 1350–1600 (264 pp. for $34.95 cloth); William Y. Chalfant, Foreword by Jerome A. Greene, Hancock’s War: Conflict on the Southern Plains (544 pp. for $26,95 paper, $59.95 cloth); R. David Edmunds and Joseph L. Peyser, The Fox Wars: The Mesquakie Challenge to New France (304 pp, for $19.95 paper, $29.95 cloth); Brad D. Lookingbill, War Dance at Fort Marion: Plains Indian War Prisoners (308 pp. for $19.95 paper, $29.95 cloth); Nichole St-Onge, Carolyn Podruchny, and Brenda MacDougall, eds, Foreword by Maria Campbell, Contours of a People: Metis Family, Mobility, and History (520 pp. for $24.95 paper, $39.95 cloth); Lillian A. Ackerman, A Necessary Balance: Gender and Power Among Indians of the Columbia Plateau (300 pp. for $19.95 paper); and Scott Riney, The Rapid City Indian School, 1898–1933 (292 pp. for $19.95 paper and cloth), all, plus $5 for first item, $1.50 for each additional, shipping, from the University of Oklahoma Press, Attn: Order Department, 2800 Venture Drive, Norman, OK 73069-8218, www.oupress.com.
Offerings from the University of Alaska Press include: Igor Krupnik and Michael Chlenov, Yupik Transitions: Change and Survival at Bering Strait, 1900–1960 (400 pp.in Ebook); and Ernest S. Burch, Jr., Edited by Erica Hill, Inupiaq Ethnohistory Selected Essays (360 pp. for $24.50 paper), all plus $6 first item, $1 each additional, from University of Alaska Press: www.alaska.edu/uapress.
Books from University of Pennsylvania Press include: Juliana Barr and Edward Countryman, eds, Contested Spaces of Early America (480 pages, for $49.95 cloth and Ebook); and Jeffrey Glover, Paper Sovereigns Anglo- Native Treaties and the Law of Nations, 1604-1664 (352 pages for $59.95 Cloth and Ebook), all plus $5 first item, $2 each additional, from University of Pennsylvania Press, www.pennpress.org.
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Offerings from the University of Kansas Press include: Colleen O’Neill, Working the Navajo Way: Labor and Culture in the Twentieth Century (New in Paperback 2013, 236 pp. for $19.95 paper, $29.95 Cloth); and William E. Unrau, Indians, Alcohol, and the Roads to Taos and Santa Fe (192 pages for $29.95 Cloth), all, plus $5 for first item, $1 for each additional, shipping, from: WWW.kansaspress.ku.edu.
Davi Kopenawa, with Bruce Albert, Translated by Nicholas Elliott and Alison Dundy, The Falling Sky: Words of a Yanomami Shaman is a first-person account of the life story and cosmo-ecological thought of Davi Kopenawa, shaman and spokesman for the Yanomami of the Brazilian Amazon, th first book written by a Yanomami tribal member, 648 pp. for $39.95 cloth or E-book from: Harvard University Press: http://www.hup.harvard.edu/features/the-falling-sky/.
Heenetiineyoo3eihiiho' (Language Healers) is a new film on Native Language Revitalization Efforts across the Unted States that can be seen on Cultural Survival’s web site at: http://www.culturalsurvival.org/news/language- healers-new-film-native-language-revitalization-efforts.
Northern Arizona University Indigenous Studies Publications include: Jon Reyhner, Joseph Martin, Louise Lockard & Willard Sakiestewa Gilbert, eds., Honoring Our Children: Culturally Appropriate Approaches for Teaching Indigenous Students (166 pages); and Jon Reyhner, Willard Sakiestewa Gilbert & Louise Lockard, eds., Honoring Our Heritage: Culturally Appropriate Approaches for Teaching Indigenous Students (Dedicated to the Memory of William G. Demmert, Jr. 1934-2010) (210 pp.), available at http://jan.ucc.nau.edu/~jar/HOC.
Kind Hearted Woman, a film by David Sutherland, illuminates the epidemicv of child abuse on some Indian reservations and the failure of some tribal governments to protect those childrens, is a 5 hour DVD for $29.99 from PBS, (800)645-4737, shopPBS.org.
Award winning filmmaker Andrea Leland’s current film project YURUMEIN (Our Homeland) is the untold first voice story of the Indigenous Carib/Garifuna people of St. Vincent. The film recounts their painful past, while building an intimate portrait of Garifuna culture-in-transition today. We see firsthand accounts from both Carib descendants in St. Vincent and the diaspora who unite in YURUMEIN to reinvigorate Garifuna culture on the island. – A trailor is available on the Cultural Survival web site: http://www.culturalsurvival.org/news/yurumein- our-homeland-film-about-garifuna-cultural-renaissance-st-vincent#sthash.s2ftPc8i.dpuf. For more information on ht film project go to: http://www.cid.mimoona.com/Projects/477.#sthash.s2ftPc8i.dpuf.
Survey of Earliest Human Settlements Undermines Claim That War Has Deep Evolutionary Roots Just in time for the fall semester we expect at the Global Nonviolent Action Database to publish "tags" that will make easily searchable all the cases we have of indigenous nonviolent campaigns. We have a lot of them -- fighting for their cultural survival, land rights, right to participate in setting national direction in economic policy, etc. We include so many partly because of the stereotypes about indigenous people as "warlike," "submissive," "lazy," etc., and depending on the selection a teacher makes for readings a number of points could be made including coalition possibilities with other oppressed groups in society like women, workers, and so on. Some of their tactics are deeply inspiring, as well. And the sheer variety -- from various continents and historical periods -- deeply questions easy assumptions about what human beings are made of. For more information go to: Global Nonviolent Action Database at Swarthmore College, at: nvdatabase.swarthmore.edu. ~~~
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Survey of Earliest Human Settlements Undermines Claim That War Has Deep Evolutionary Roots Just in time for the fall semester we expect at the Global Nonviolent Action Database to publish "tags" that will make easily searchable all the cases we have of indigenous nonviolent campaigns. We have a lot of them -- fighting for their cultural survival, land rights, right to participate in setting national direction in economic policy, etc. We include so many partly because of the stereotypes about indigenous people as "warlike," "submissive," "lazy," etc., and depending on the selection a teacher makes for readings a number of points could be made including coalition possibilities with other oppressed groups in society like women, workers, and so on. Some of their tactics are deeply inspiring, as well. And the sheer variety -- from various continents and historical periods -- deeply questions easy assumptions about what human beings are made of. For more information go to: Global Nonviolent Action Database at Swarthmore College, at: nvdatabase.swarthmore.edu. ~~~
Ph.D. Dissertations from Universities Around the World on Topics Relating to Indians in the Americas, Compiled from Dissertation Abstracts
Jonathon Erlen, Ph.D., History of Medicine Librarian, Health Sciences Library System University of Pittsburgh, [email protected]
and
Jay Toth, M.A., Professor of Anthropology, SUNY Freedonia, [email protected]
IPJ hosts a regularly updated data base of American Indian related Ph.D. from 2006 – the present. In addition, each regular issue of IPJ now carries the Indians of the Americas Ph.D. dissertation abstracts of the last half year. The dissertation coverage includes all languages and is international in scope as far as Dissertation Abstracts covers. This includes most European universities, South African universities, and a few in the Far East. They do not cover all the universities in the world, but do a pretty good job covering first world universities. There is no coverage of Latin American universities' dissertations.
Dissertation abstracts Data Base 2006 – the present http://indigenouspolicy.org/index.php/ipj/thesis
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Useful Web Sites
CELANEN: A Journal of Indigenous Governance was launched, this winter, by the Indigenous Governance Program at the University of Victoria, at: http://web.uvic.ca/igov/research/journal/index.htm. CELANEN (pronounced CHEL-LANG-GEN) is a Saanich word for "our birthright, our ancestry, sovereignty" and sets the tone for this annual publication containing articles, poetry, and commentary. The first issue is dedicated to Art Tsaqwassupp Thompson (Ditidaht), who donated his artwork entitled "new beginnings" for use by the Indigenous Governance Program.
Native Research Network is now at: www.nativeresearchnetwork.org. Its vision statement is: "A leadership community of American Indian, Alaska Native, Kanaka Maoli, and Canadian Aboriginal persons promoting integrity and excellence in research". Its mission is "To provide a pro-active network of American Indian, Alaska Native, Kanaka Maoli, and Canadian Aboriginal persons to promote and advocate for high quality research that is collaborative, supportive and builds capacity, and to promote an environment for research that operates on the principles of integrity, respect, trust, ethics, cooperation and open communication in multidisciplinary fields". The Native Research Network (NRN) provides networking and mentoring opportunities, a forum to share research expertise, sponsorship of research events, assistance to communities and tribes, and enhanced research
The American Indian Studies Consortium is at: http://www.cic.uiuc.edu/programs/AmericanIndianStudiesConsortium/.
Some news sources that have been useful in putting the issues of Indigenous Policy together are: For reports of U.S. government legislation, agency action, and court decisions: Hobbs, Straus, Dean and Walker, LLP, 2120 L Street NW, Suite 700, Washington, DC 20037, http://www.hobbsstraus.com. Indian Country Today: http://www.indiancountry.com/index.cfm?key=15. News from Indian Country: http://www.indiancountrynews.com/. The Navajo Times: http://www.navajotimes.com/. IndianZ.com: http://www.indianz.com. Pechanga Net: http://www.pechanga.net/NativeNews.html Survival International: http://www.survival-international.org/. Cultural Survival: http://209.200.101.189/publications/win/, or http://www.cs.org/. Censored (in Indian Country): http://bsnorrell.blogspot.com/. ArizonaNativeNet is a virtual university outreach and distance learning telecommunications center devoted to the higher educational needs of Native Nations in Arizona, the United States and the world through the utilization of the worldwide web and the knowledge-based and technical resources and expertise of the University of Arizona, providing resources for Native Nations nation-building, at: www.arizonanativenet.com The Forum for 'friends of Peoples close to Nature' is a movement of groups and individuals, concerned with the survival of Tribal peoples and their culture, in particular hunter-gatherers: http://ipwp.org/how.html. Tebtebba (Indigenous Peoples' International Centre for Policy Research and Education), with lists of projects and publications, and reports of numerous Indigenous meetings: http://www.tebtebba.org/. Andre Cramblit ([email protected]) has begun a new Native news blog continuing his former Native list serve to provide information pertinent to the American Indian community. The blog contains news of interest to Native Americans, Hawaiian Natives and Alaskan Natives. It is a briefing of items that he comes across that are of broad interest to American Indians. News and action requests are posted as are the occasional humorous entry. The newsletter is designed to inform you, make you think and keep a pipeline of information that is outside the mainstream media. “I try and post to it as often as my schedule permits I scan a wide range of sources on the net to get a different perspective on Native issues and try not to post stuff that is already posted on multiple sources such as websites or other lists”. To subscribe to go to: http://andrekaruk.posterous.com/. Sacred Places Convention For Indigenous Peoples provides resources for protecting sacred places world wide. Including, news, journals, books and publishing online Weekly News and providing an E-mail list serve, as well as holding conferences. For information go to: http://www.indigenouspeoplesissues.com. Mark Trahant Blog, Trahant Reports, is at: http://www.marktrahant.org/marktrahant.org/Mark_Trahant.html
UANativeNet, formerly Arizona NativeNet, is a resource of topics relevant to tribal nations and Indigenous Peoples, particularly on matters of law and governance.
The Harvard Project on American Indian Economic Development offers a number of reports and its “Honoring Indian Nations” at: http://www.ksg.harvard.edu/hpaied/res_main.htm.
The Seventh generation Fund online Media Center: www.7genfund.org
Native Earthworks Preservation, an organization committed to preserving American Indian sacred sites, is at: http://nativeearthworkspreservation.org/.
Indianz.Com has posted Version 2.0 of the Federal Recognition Database, an online version of the Acknowledgment Decision Compilation (ADC), a record of documents that the Bureau of Indian Affairs has on file for dozens of groups that have made it through the federal recognition process. The ADC contains over 750 MB of documents -- up from over 600MB in version 1.2 -- that were scanned in and cataloged by the agency's
173 Office of Federal Acknowledgment. The new version includes has additional documents and is easier to use. It is available at: http://www.indianz.com/adc20/adc20.html.
Tribal Link has an online blog at: http://triballinknewsonline.blogspot.com.
The National Indian Education Association: http://www.niea.org/.
Climate Frontlines is a global forum for indigenous peoples, small islands and vulnerable communities, running discussions, conferences and field projects: http://www.climatefrontlines.org/.
Cry of the Native Refugee web site, http://cryofthenativerefugee.com, is dedicated to “The True Native American History.”
The RaceProject has a Facebook Page that is a forum for the dissemination and discussion of contemporary Race and Politics issues. It includes a continuing archive of news stories, editorial opinion, audio, video and pointed exchanges between academics, graduate students and members of the lay-public. Those interested can visit and sign up to the page at: http://www.facebook.com/RaceProject.
Rainmakers Ozeania studies possibilities for restoring the natural environment and humanity's rightful place in it, at: http://rainmakers-ozeania.com/0annexanchorc/about-rainmakers.html.
Oxfam America’s interactive website: http://adapt.oxfamamerica.org shows how social vulnerability and climate variability impact each county in the U.S. Southwest region. The methodology exposes how social vulnerability, not science, determines the human risk to climate change.
The International Institute for Indigenous Resource Management is at: http://tinyurl.com/yaykznz.
The Newberry Library received a grant in August, 2007, from the National Endowment for the Humanities to fund “Indians of the Midwest and Contemporary Issues.” The McNickle Center will construct this multimedia website designed to marry the Library’s rich collections on Native American history with state- of-the art interactive web capabilities to reveal the cultural and historical roots of controversial issues involving Native Americans today. These include conflicts over gaming and casinos, fishing and hunting rights, the disposition of Indian artifacts and archeological sites, and the use of Indian images in the media. In addition to historical collections, the site will also feature interviews with contemporary Native Americans, interactive maps, links to tribal and other websites, and social networking. For more information contact Céline Swicegood, [email protected].
The site www.pressdisplay.com has scanned and searchable versions of thousands of newspapers daily from around the world. These are not truncated "online versions". You can view the actually pages of the paper published for that day. There are also 100's of US papers included daily. The service also allows you to set search terms or search particular papers daily. The service will also translate papers into English.
Native Voice Network (NVN: www.NativeVoiceNetwork.org), is a national alliance of Organizations interested in collablrative advocacy on issues impacting Native people locally and nationally.
The Northern California Indian Development Council has a web-based archive of traditional images and sounds at: http://www.ncidc.org/.
Resource sites in the Indian Child Welfare Act (ICWA): National Indian Child Welfare Association: http://www.nicwa.org, offers include publications, a library, information packets, policy information and research. NICWA's Publication Catalog is at: Http://www.nicwa.org/resources/catalog/index.asp’ Information
174 Packets are at: http://www.nicwa.org/resources/infopackets/index.asp. Online ICWA Courses are at: http://www.nicwa.org/services/icwa/index.asp. The Indian Child Welfare Act: An Examination of State Compliance, from the Casey Foundation is at: http://www.casey.org/Resources/Publications/NICWAComplianceInArizona.htm. Tribal Court Clearinghouse ICWA Pages, with a brief review of ICWA and links to many valuable resources including Federal agencies and Native organizations. http://www.tribal-institute.org/lists/icwa.htm. Other resource sources are: the Indian Law Resource Center: www.indianlaw.org, the National Indian Justice Center: www.nijc.indian.com. Other sites can be found through internet search engines such as Google. Some research web sites for ICWA include: http://www.calindian.org/legalcenter_icwa.htm, http://www.narf.org/nill/resources/indianchildwelfare.htm, http://www.tribal-institute.org/lists/icwa.htm, http://www.nicwa.org/library/library.htm, http://www.nationalcasa.org/JudgesPage/Newsletter-4-04.htm, http://www.dlncoalition.org/dln_issues/2003_icwaresolution.htm, http://www.helpstartshere.org/Default.aspx?PageID=401, http://cbexpress.acf.hhs.gov/articles.cfm?section_id=2&issue_id=2001-0, http://thomas.loc.gov/cgi- bin/query/z?i104:I04296:i104HUGHES.html, http://nccrest.edreform.net/resource/13704, http://www.naicja.org, http://www.tribal-institute.org/.
Tribal College Journal (TCJ) provides to news related to American Indian higher education: tribalcollegejournal.org.
American Indian Graduate Center: http://www.aigcs.org.
The Minneapolis American Indian Center's Native Path To Wellness Project of the Golden Eagle Program has developed a publication, Intergenerational Activities from a Native American Perspective that has been accepted by Penn State for their Intergenerational Web site: http://intergenerational.cas.psu.edu/Global.html.
The Indigenous Nations and Peoples Law, Legal Scholarship Journal has recently been created on line by the Social Science Research Network, with sponsorship by the Center for Indigenous Law, Governance & Citizenship at Syracuse University College of Law. Subscription to the journal is free, by clicking on: http://hq.ssrn.com/.
The National Council Of Urban Indian Health is at: http://www.ncuih.org/.
A web site dedicated to tribal finance, www.tribalfinance.org.
Lessons In Tribal Sovereignty, at: http://sorrel.humboldt.edu/~go1/kellogg/intro.html, features Welcome to American Indian Issues: An Introductory and Curricular Guide for Educators. The contents were made possible by the American Indian Civics Project (AICP), a project initially funded by the W.K. Kellogg Foundation's Native American Higher Education Initiative, The primary goal of the AICP is to provide educators with the tools to educate secondary students - Indian and non-Native alike - about the historical and contemporary political, economic, and social characteristics of sovereign tribal nations throughout the United States.
The Columbia River Inter-Tribal Fish Commission (CRITFC) has a blog as part of its Celilo Legacy project, serving as a clearinghouse for public discourse, information, events, activities, and memorials. The blog is accessible by going to www.critfc.org and clicking on the "Celilo Legacy blog" image, or by simply entering: www.critfc.org/celilo.
The Coeur d’Alene Tribe of Idaho has Rezkast, a Web site of Native affairs and culture at: www.rezkast.com.
175 A listing of the different Alaska Native groups' values and other traditional information is on the Alaska Native Knowledge website at: www.ankn.uaf.edu.
Red Nation Web Television: www.rednation.com.
A list of Indigenous Language Conferences is kept at the Teaching Indigenous Languages web site at Northern Arizona University: http://www2.nau.edu/jar/Conf.html.
UNESCO Interactive Atlas of the World's Languages in Danger is at http://www.unesco.org/culture/ich/index.php?pg=00206. For a detailed cautionary note about the usefulness of the UNESCO Atlas, see Peter K. Austin's comments. He is the Marit Rausing chair in field linguistics and director of linguistics at SOAS in the UK: http://blogs.usyd.edu.au/elac/2009/02/unescos_atlas_of_the_worlds_la_1.ht
The Council of Elders, the governing authority of the Government Katalla-Chilkat Tlingit (provisional government): Kaliakh Nation (Region XVII) has initiated a web site in order to expose crimes against humanity committed upon the original inhabitants of Alaska, at: http://www.katalla-chilkat-tlingit.com/.
An interactive website, www.cherokee.org/allotment, focuses on the Allotment Era in Cherokee History during the period from 1887 to 1934, when Congress divided American Indian reservation lands into privately owned parcels that could be (and widely were) sold to non Indians, threatening tribal existence.
The Blue Lake Rancheria of California launched a web site, Fall 2007, featuring the nation’s history, philosophy, economic enterprise, community involvement, and other topics, with many-links. One purpose of the site is to make tribal operations transparent. It is at: www.bluelakerancheria-nsn.gov.
UN Secretariat of the Permanent Forum on Indigenous Issues: www.un.org/indigenous, The newsletter Message Stick highlighting the activities of the United Nations Permanent Forum on Indigenous Issues (UNPFII) and its Secretariat 05 is available at: http://www.un.org/esa/socdev/unpfii/news/quarterlynewsle_home1.htm.
Indigenous Rights Quarterly can be accessed at: http://www.aitpn.org/irq.htm.
NGO Society for Threatened Peoples International, in consultative status to the United Nations ECOSOC, and in participatory status with the Council of Europe, Indigenous Peoples Department, USA: http://www.gfbv.de.
The Unrepresented Nations and Peoples Organization (UNPO): http://www.unpo.org/.
The Native Studies Research Network, UK, University of East Anglia, Norwich is at: .http://www.nsrn-uk.org/.
The World Indigenous Higher Education Consortium (WINHEC) and its Journal are online at: http://www.win- hec.org/. (See the Ongoing Activities Section for more on WINHEC). The WINHEC site includes links to other Indigenous organizations and institutions.
A link on Latin American Indigenous Peoples: http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/LACEXT/0,,contentMDK:20505834~menuPK:258 559~pagePK:146736~piPK:226340~theSitePK:258554,00.html
The Asian Indigenous and Tribal Peoples Network produces occasional papers and reports at: http://www.aitpn.org/Issues/II-08-07.htm. >>>------((((+))))------<<<
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ANNOUNCEMENTS
U. OF OREGON SEEKING ADMIN/FACULTUY POSITION DEALING WITH SOVERIGNTY
The University of Oregon is currently searching for an Assistant Vice President and Advisor (AVP&A) to the President on Sovereignty and Government-to-Government Relations: President’s Liaison to the Governments of the Federally Recognized Tribal Governments in Oregon.
The Assistant Vice President and Advisor will serve as a senior advisor to the president on the university’s government-to-government relationships with Oregon’s nine federally recognized tribal governments. The AVP&A reports directly to the president and works closely with all vice presidents including specifically the Senior Vice President and Provost, and the vice presidents with direct responsibility for advancement, government and community relations, and equity and inclusion, and the deans to provide campus leadership, guidance, and support for the University of Oregon Native American Initiatives. This position will also collaborate with and support various UO Native American organizations and programs. Salary range: $105,000 to $125,000 annually, plus an excellent benefits package. Search will remain open until filled; application review begins January 10, 2014. For more detailed information: http://jobs.uoregon.edu/unclassified.php?id=4527, or contact: Burke Hendrix, Department of Political Science, University of Oregon (607)351-1588, [email protected]. +++------<<<<(((0)))>>>>------+++
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