A Letter from the Publisher

Vol. 1, Issue 36 March 26, 2014 A Letter from the Publisher Shekóli. This week’s newsletter features the latest in- coverage this week illuminates the pre-filing actions of stallment of our ongoing series about a prominent the attorneys working on behalf of the tribes, and their Indian Child Welfare Act-based lawsuit in South Da- communications with state government officials. One kota. Oglala Sioux Tribe v. Van Hunnik charges South of the most telling aspects of how the state is handling Dakota State and local Pennington County officials the custody of children—and the point of greatest criti- with violating the rights of Indian parents and tribes cism for Indian plaintiffs—is a hearing held within the in state child custody proceedings. The class-action first 48 hours after a child is initially removed from lawsuit challenges the alleged systematic removal of In- their home. It is a crucial period that determines just dian children in South Dakota from their families and how deep into the state system the child will go—and, tribal communities without proper hearings, violating generally speaking, how far away they will be from the constitutional right to due process and the ICWA. personal connections and support networks in their nation. In this episode, the attorneys for the tribes were The American Civil Liberties Union the ACLU of unsuccessful in negotiating what for them was a more South Dakota, and Dana Hanna of the Hanna Law Of- cooperative and transparent process. With adjustments fice in Rapid City, South Dakota, filed the lawsuit in seemingly taken off the table, they took the next avail- March 2013 on behalf of two tribes—the Oglala Sioux Tribe and able action: filing a lawsuit that is shaping up to be the most closely the Rosebud Sioux Tribe—and three Indian parents who allegedly watched litigation in Native America today. suffered the loss of their children without regard for state law and without receiving timely and adequate hearings as mandated by the NΛ ki� wa, Fourteenth Amendment’s due process clause and ICWA. On January 28, 2014, a federal court denied a motion by South Dakota officials to dismiss the case. Indian Country Today -Me dia Network correspondent and accomplished journalist Suzette Brewer has delved into the story of the case for months, and her Ray Halbritter Table of Contents 2 COMMENTARY 12 WEEK IN PHOTOS 4 NEWS 13 TRADEWINDS CLASSIFIEDS 8 THE VAN HUNNIK CRUCIBLE 14 WEB, EVENTS, LETTERS 10 AFTERMATH AT 15 CARTOON, NEWS ALERTS YELLOWSTONE 16 UpCOMING POW WOWS 11 THE NAVAJO NAtion’s ELECTORAL CHALLENGE THE BIG PICTURE AGES 17 IM 12 P A IndianCountryTodayMediaNetwork.com March 26, 2014 2 commentary Rescind the Medals of Dishonor cause, quite unfortunately, these dark moments of American history are not ICTMN contributor Simon Moya- Since the Medal of Honor was created shared in our schools as much as they Smith calls for the return of 20 Medals in 1861, it has been reserved for those should be. of Honor that were awarded to soldiers military personnel who have exhibited It is very difficult for this country to who took part in the Wounded Knee selflessness, bravery and heroism on the fully recognize what it has done to its in- Massacre of 1890: field of battle. But Wounded Knee was digenous population. Well, it is time to It has been more than 120 years since not a battle. It was a massacre, and to start recognizing, and in so doing a time the U.S. 7th Calvary opened fire on the award 20 U.S. soldiers who acted in stark of healing (and learning) can begin. It is camp of Lakota. Yet, those 20 “Medals of contrast to what the Medal of Honor imperative that we restore the integrity Dishonor”, as they’ve often been referred stands for tarnishes its purpose and di- to the Medal of Honor by revoking those to, remain. And although there have been minishes its value. medals awarded to the soldiers of the 7th numerous calls by Native American lead- Native Americans continue to feel the Cavalry. If we truly seek to do what’s right ers to have the medals rescinded, no ac- pierce of what occurred that deplorable and just, then let’s do what’s right and tion has been taken on the part of any winter day. The story of the brutality just and revoke the 20 medals from those president or Congress since that day of and the inhumanity of what occurred is who exhibited the antithesis of honor. carnage. passed down to us from our elders be- http://bit.ly/1daBGp3 0 Native American Land and Classism the Housing and Community Develop- ment Act. Section 184 allows tribes and Tim Richmond, who writes about the improve, purchase, or build homes. The tribal members to request that land in mortgage industry, personal finance and problem was that the property that they trust become a leasehold estate. This al- home ownership, strongly urges greater would put the mortgage on was “trusted” lows a mortgage to be taken on a lease use of personal loans as one way out of to the United States government, other- that is associated with the land. If the Na- poverty on reservations: wise known as “trust land.” This meant tive borrower cannot repay the loan, the Reservations are not traditionally that it could not be sold. Lenders were lender will be repaid by HUD, which will known for their affluent living conditions. unwilling to take the chance that they then take over the leasehold. Some tribes are better off than others, but could not collect the property as payment This is a miniscule step in the right di- overall, tribes tend to scrape by. This is the for an unpaid loan. This kept tribal mem- rection. But loans should not be neces- result of years upon years of being shuffled bers in the unenviable situation where sary if the American government would aside by the United States government. they needed to improve their living ar- release control of Native land to the As if that is not bad enough, until re- rangements, but could not, nor could tribes, or at the very least, ensure that the cently tribes have had limited capability they acquire the proper funds. funds were used in a manner that would of applying for loans. Tribes and tribal In an effort to solve this problem, HUD benefit the tribes and not outside entities. members could not borrow money to 184 was created. HUD is better known as http://bit.ly/1j0e1FO 0 Why ‘Redskins’ Is Different kings, Cowboys, and others may indeed be hurtful and offensive—a very real DaShanne Stokes, a Lakota doctoral that sense, they share a basic commonal- problem that needs to be taken seri- candidate in sociology at the University ity with Native mascots and team names. ously—their use does not activate or of Pittsburgh, notes the crucial difference That’s where the similarity ends. The maintain the same historical legacy of between the term “Redskins” as applied to Fighting Irish, Vikings, Cowboys, and oth- genocide and institutionalized racism the Washington, D.C. NFL franchise, and ers, despite being stereotypes, do not func- that helps to create high rates of unem- similarly stereotypical team names: tion to suppress entire peoples in the same ployment, poverty, health problems, and I have a hard time buying what so many ways that they function to suppress Native inadequate education plaguing so many people say about Native team names and Americas. Those with primarily Viking indigenous people today. mascots—that they are meant to honor or Irish descent, after all, can still benefit The Redskins are right about one Native people, that they are no differ- from the privilege of having light skin. And thing. There truly are many challenges ent from team names and mascots like there are no masses of Irish Americans liv- facing Native Americans. But it’s high the Fighting Irish, the Vikings, and even ing on reservations, no hordes of people time they acknowledge, despite their best the Cowboys. Nonsense. The Vikings, with Viking descent fighting to retain their hopes and intentions, that they are help- Fighting Irish, Cowboys, and others in- languages and ways of life. ing to create the very problems they say deed portray caricatures and stereotypes, Furthermore, even though team names we should be fighting to solve. http://bit. which some people do find offensive. In and mascots like the Fighting Irish, Vi- ly/1mdDBMg 0 IndianCountryTodayMediaNetwork.com March 26, 2014 MX9221_IndianCountryTodayAd_Layout 1 2/7/14 3:29 PM Page 1 Seeking a Job in an Expanding Field? Explore AHIMA’s Coding Basics Online Program! Demand for medical coding professionals is growing. Capture the opportunity! Who Should Choose Why Choose AHIMA? AHIMA’s Coding Basics? We’re the experts and have set standards for Anyone interested in the flexibility and benefits medical information across all healthcare of our online program! settings for over 86 years • Create a training schedule to fit your needs. 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