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Report No. 354/20 , Petition 1582-13 OEA/Ser.L/V/II REPORT No. 354 /20 Doc. 372 24 November 2020 PETITION 1582- 13 Original: English REPORT ON ADMISSIBILITY WARD CHURCHILL UNITED STATES OF AMERICA Approved electronically by the Commission on November 24, 2020. Cite as: IACHR, Report No. 354/20 , Petition 1582-13. Admissibility. Ward Churchill. United States of America. November 24, 2020. www.iachr.org I. INFORMATION ABOUT THE PETITION Petitioner: Human Rights Research Fund Alleged victim: Ward Churchill Respondent State: United States of America1 Article I (life and personal security), Article II (equality), Article IV (freedom of expression), Article V (honor and reputation), Article XIII (culture), Article XIV (employment), Article XVII Rights invoked: (basic civil rights), Article XVIII (judicial protection), Article XXIII (property), and Article XXVI (due process) of the American Declaration of the Rights and Duties of Man2 II. PROCEEDINGS BEFORE THE IACHR3 Filing of the petition: September 30, 2013 Notification of the petition to the April 24, 2019 State: State’s first response: July 24, 2019 Additional observations from the November 4, 2019 petitioner: Notification of the possible archiving November 1, 2018 of the petition: Petitioner’s response to the notification regarding the possible November 2, 2018 archiving of the petition: III. COMPETENCE Competence Ratione personae: Yes Competence Ratione loci: Yes Competence Ratione temporis: Yes Yes, American Declaration (ratification of the OAS Charter on Competence Ratione materiae: June 19, 1951) IV. DUPLICATION OF PROCEDURES AND INTERNATIONAL RES JUDICATA, COLORABLE CLAIM, EXHAUSTION OF DOMESTIC REMEDIES AND TIMELINESS OF THE PETITION Duplication of procedures and No International res judicata: Articles I (personal security), V (honor and reputation), IV (freedom of expression) XIV (employment), XII (education) Rights declared admissible XVIII (judicial protection), XXIII (property)and XXVI (due process) Exhaustion of domestic remedies or applicability of an exception to the Yes, in terms of Section VII rule: Timeliness of the petition: Yes, in terms of Section VII 1 Hereinafter “the United States”, “the U.S.” or “the State.” 2 Hereinafter “Declaration” or “American Declaration.” Also, in support of their claims, the petitioners refer to other international instruments such as International Covenant on Civil and Political Rights (ICCPR), Universal Declaration of Human Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms, and United Nations Declaration on the Rights of Indigenous Peoples. 3 The observations submitted by each party were duly transmitted to the opposing party. 1 V. ALLEGED FACTS 1. This petition centers on the dismissal of the alleged victim as a tenured professor from the University of Colorado at Boulder (hereafter “the UC”) in 2007, giving rise to alleged violations the right to freedom of expression, personal security, due process and other rights. 2. By way of background, the petition identifies the alleged victim as Professor Ward Churchill (hereafter “Professor Churchill” or “the alleged victim) who was a professor of Indian American Studies in the Department of Ethnic Studies (of the University of Colorado). According to the petitioners, The University of Colorado is run by the state of Colorado, which is a political subdivision of the United States. 3. According to the petitioners: (a) Professor Churchill was initially hired by the UC in 1991 as a tenured associate professor of American Indian Studies at UCB and was promoted to full professor in 1997; (b) from 1995 to 2001 he served as Associate Chair of the Ethnic Studies Department, and as its Chair from 2001- 2005; (c) Professor Churchill is an indigenous human rights defender whose political activism, teaching, and extensive body of scholarship have been dedicated to the struggle for self-determination for all peoples, and in particular for indigenous peoples. The petitioners add that for more than 40 years Professor Churchill has been an outspoken critic of U.S. foreign and domestic policy; and that he is regarded as a leading authority on genocidal policies implemented by United States against indigenous peoples. 4. The petition states that on September 12, 2001, Professor Churchill posted an expression of editorial opinion, or an op-ed piece, about the September 11 attacks (his “9/11 op-ed”) in an obscure online journal. Professor Churchill’s opinion piece was provoked by his reaction to the media coverage surrounding the attacks, in which there was virtually no public discussion of why people might carry out armed attacks on the most visible symbols of U.S. military and economic power and, therefore, no discussion of how such attacks might be avoided in the future. Professor Churchill discussed, in deliberately provocative terms, instances of U.S. atrocities committed abroad that could have had a hand in motivating attacks on the United States. For several years, this online commentary received little attention. In 2003, Professor Churchill published an expanded version of the op-ed piece, with extensive documentation of U.S. acts of war and violations of international law, as a book entitled On the Justice of Roosting Chickens: Reflections on the Consequences of U.S. Imperial Arrogance and Criminality. 5. According to the petition, on January 26, a Syracuse, New York, newspaper criticized Professor Churchill’s 2011 commentary on the attacks of September 11 in an ultimately successful attempt to force the cancellation of a lecture scheduled at Hamilton College (in the State of New York). Subsequently, on January 27, 2005, the Interim Chancellor of UC, Philip DiStefano publicly denounced Professor Churchill’s 2001 statements as “abhorrent” and “repugnant”. According to the petitioners, this initial public denunciation ultimately led to a series of internal investigative or disciplinary proceedings by UC over a period of two years that culminated in the dismissal of the alleged victim in 2007. For the petitioners, these proceedings were largely irregular and unfair, and were aimed principally at dismissing the alleged victim – in violation of his right to freedom of expression and other rights. In this regard, the petitioners make a number of allegations set out in the following paragraphs. 6. Following the public statement of the Interim Chancellor, on February 3, 2005, the Regents of the University convened an emergency meeting and issued a blanket apology for Professor Churchill’s comments concerning 9/11. Several Regents had expressed their desire to fire Professor Churchill. On March 24, 2005, the Interim Chancellor reported to the Regents and the press— although not to Professor Churchill— that all of Professor Churchill’s writings and public speeches, including his op-ed piece concerning the September 11 attacks, were protected by the First Amendment to the U.S. Constitution, which guarantees freedom of expression. Simultaneously, the Interim Chancellor announced he was personally lodging a series of complaints against Professor Churchill for alleged research misconduct. 7. Following the announcement of the Interim Chancellor, the Regents formed an ad hoc committee consisting of Interim Chancellor DiStefano, Law Dean David Getches, and Todd Gleeson, Dean of Arts and Sciences, to investigate Professor Churchill’s speech in order to see if there was “cause for dismissal.” This 2 ad hoc committee investigated all of Professor Churchill’s publications, including works published long before he had become a faculty member and those previously reviewed in the University’s hiring, tenure, and promotion processes. Professor Churchill was never formally notified of the inquiry nor consulted by the ad hoc committee, whose investigation was conducted entirely outside the University’s established committee structure and faculty disciplinary procedures. Ultimately, the ad hoc committee accused Professor Churchill of engaging in “plagiarism” which, under University rules, was defined as “the use of another’s ideas or words without appropriate acknowledgment.” In fact, Professor Churchill was not accused of plagiarism, but of (1) improper citations in an essay that Professor Churchill did not author, published in a book he did not edit, and (2) allowing essays he had written to be published under other authors’ names, a practice commonly referred to as “ghostwriting. The ad hoc committee also accused Professor Churchill of “ethnic fraud” and demanded that he “prove” his American Indian identity, although his identity should have no bearing on the substance of his scholarly analyses. This report was published by the ad hoc committee. 8. The allegations/findings of the ad hoc committee were then referred to the University’s Standing Committee on Research Misconduct (“SCRM”) by the Interim Chancellor. The SCRM is responsible for submitting its findings to the Chancellor, who recommends disciplinary action. Thus, Interim Chancellor DiStefano functioned as both the complainant and the person who would determine whether sanctions should be recommended to the University President. 9. Professor Churchill spent the next year defending his work before a SCRM Investigative Committee composed of three UC faculty members and two outside academics. Initially, two American Indian Studies scholars had been appointed to the subcommittee, but they immediately came under intense scrutiny and attack by the local media. The University made no effort to defend their integrity and, within 48 hours, both had resigned in
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