Native Americans and Alaska Natives: the Forgotten Minority

Poverty & Race POVERTY & RACE RESEARCH ACTION COUNCIL PRRAC

November/December 2008 Volume 17: Number 6

Native Americans and Alaska Natives: The Forgotten Minority

American Indian Tribes and Structural Racism by Sherry Salway Black American Indian tribes and people tribal governments face in providing face circumstances unique to any other the infrastructure, services and condi- CONTENTS: racial or ethnic group in the United tions necessary for healthy community States. No other racial or ethnic group development. Native Americans: has as the basis of its relationship with Analysis of the socio-economic con- Structural Racism ..... 1 the U.S. a legal framework of trea- ditions confronting tribes and Indian US Human Rights ties, executive orders, judicial rulings people today typically focuses on this and laws spanning centuries. This le- unique federal Indian history and re- Network ...... 2 gal framework, developed over the past lationship. It is not often described in Cobell Litigation ...... 7 300 years, has resulted in a system that terms of racially-based policies and Tribal Self- was supposed to protect the rights and inequities, but rather a direct “[fed- Government ...... 8 trust assets of tribes and Indian people, eral] nation-to-[tribal] nation” rela- Apology Resolution .. 9 but in reality has created structures and tionship, from which the federal trust Housing ...... 10 systems that thwart self-determination responsibility is derived. Yet, one can- Health ...... 14 and diminish the value of Native as- not overlook or undermine the racial Boarding Schools .... 17 sets. These constraints, coupled with basis of many policies of colonialism Juvenile Justice ...... 19 social and economic inequities, are the and paternalism that are the hallmarks root cause of the severe problems that of federal-Indian relations—and are Blacks & the reflected in present-day policies. Economic Crisis ...... 3 Sherry Salway Black (ssblack53@ Historically and continuing into the cox.net), a member of the Oglala modern era, the Indian policies of the Annual Funding Lakota tribe, has worked more than federal government have been aimed Appeal ...... 5 30 years on American Indian issues either at dismantling tribal govern- Witt Internship with the US Congress, the federal gov- ments and assimilating Native people Award ...... 12 ernment and nonprofit organizations. or at paternalistically isolating tribes Sentencing Among the boards she sits on are the to misappropriate their assets. By all Enhancement Zones 22 First Peoples Fund, the Policy Re- accounts, these mixed and often mis- Greensboro Truth/ search Ctr. of the Natl. Congress of guided efforts resulted in the devas- Reconciliation American Indians, the Hopi Education tating social conditions found on many Commission ...... 24 Endowment Fund, and Harvard reservation communities today. More- Resources ...... 27 University’s Honoring Contributions in over, these policies left tribal govern- Index Vol. 17 ...... 30 the Governance of American Indian ments facing a host of structural im- Nations. (Please turn to page 6)

Poverty & Race Research Action Council • 1015 15th Street NW • Suite 400 • Washington, DC 20005 202/906-8023 • FAX: 202/842-2885 • E-mail: [email protected] • www.prrac.org Recycled Paper Indigenous Peoples Response to the Periodic Report of the United States to the United Nations Committee on the Elimination of Racial Discrimination

February 2008

Prepared by: U.S. Human Rights Network CERD Working Group on Indigenous Peoples, Alberto Saldamando, Work- ing Group Co-coordinator, International Indian Treaty Council; Julie Fishel, Working Group Cocoordinator, Western Shoshone Defense Project; Indian Law Resource Center; Hope Clark, Candidate for Masters in Intercultural Service, Leadership, and Management from the School for International Training; Manuel Pino; Josh Clark; Tom Goldtooth, Indigenous Environmental Network; Jaime Arsenault; Roxanne Ornelas, University of Minnesota; Sakura Saunders, CorpWatch. Executive Summary of the Report of the Working Group on Indigenous Peoples

The International Convention on guarantee the right of everyone to sponds to Indian property and Indian the Elimination of All Forms of Ra- equality before the law, particularly claims by enacting legislation that cial Discrimination provides numerous with regard to the “right to own prop- would be forbidden by the Constitu- protections for indigenous peoples. erty alone as well as in association with tion if addressed to any other group’s Article 1 addresses freedom from dis- others” and the “right to freedom of property or claims. Because the fed- crimination based on race, color, de- thought, conscience and religion.” eral government asserts essentially lim- scent or national or ethnic origin. Ar- Articles 5(e)(iv), (e)(v), and (e)(vi) itless power over Indians, and engages ticle 2 requires States to refrain from provide that signatory States must in constant intrusion in the affairs of practicing racial discrimination. Ar- guarantee the right of everyone to indigenous peoples under the plenary ticle 5(a) guarantees the “right to equal equality before the law, particularly power doctrine, Indian governments treatment before the tribunals and all with regard to the “right to public cannot effectively govern their lands other organs administering justice,” health, medical care, social security or carry out much-needed economic and Article 5(b) guarantees the “right and social services,” the “right to edu- development. This denial of simple to security of person and protection by cation and training,” and “the right to justice has long served to deprive In- the State against violence or bodily equal participation in cultural activi- dian nations of a fair opportunity to harm....” Article 5(c) guarantees ties.” advance the interests of their commu- equality in the enjoyment of political Despite these protections and obli- nities. The untenable and insecure po- rights. Articles 5(d)(v) and (d)(vii) gations, by every measure, indigenous sition of indigenous peoples vis-à-vis provide that signatory States must peoples in the United States continue the federal government in the US is to rank at the bottom of every scale of unique, and gives rise to multiple vio- Poverty and Race (ISSN 1075-3591) economic and social well-being, in and lations of the rights of indigenous is published six times a year by the of itself powerful evidence of the ex- peoples under the Convention. Poverty & Race Research Action Coun- istence of racial discrimination in the The federal court system of the cil, 1015 15th Street NW, Suite 400, US. Moreover, the domestic laws and United States has affirmed that the fed- Washington, DC 20005, 202/906- policies of the United States perpetu- eral government is under an obliga- 8023, fax: 202/842-2885, E-mail: ate a legal system that has blatant and tion to conform its laws as much as [email protected]. Chester Hartman, significant discriminatory impacts on possible to international law. Despite Editor. Subscriptions are $25/year, $45/two years. Foreign postage extra. indigenous peoples, particularly with this obligation, the United States con- Articles, article suggestions, letters and regard to rights to property, religious tinues to flagrantly violate many of its general comments are welcome, as are freedom, cultural activities, health, legal obligations under the Convention notices of publications, conferences, education and political rights. The fed- when developing and implementing job openings, etc. for our Resources eral government, acting through Con- domestic policy relating to indigenous Section. Articles generally may be re- gress and the executive branch, con- peoples.... ❏ printed, providing PRRAC gives ad- tinues to take tribal lands and re- The full report is available at http: vance permission. © Copyright 2008 by the Poverty sources, in many cases without pay- //:ushrnetwork.org.files/ushrn/im- & Race Research Action Council. All ment and without any legal remedy for ages/linkfiles/CERD/5_Indig- rights reserved. the tribes. Congress frequently re- enous%20 Peoples.pdf

2 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 Scapegoating Blacks for the Economic Crisis by Gregory D. Squires A simple, yet likely powerful, ex- credit needs of the local communities more subtle practices by mortgage lend- planation has now been offered for the in which they are chartered.” This ers (e.g., refusing to finance, or pro- subprime mortgage lending and fore- included all communities in a lender’s viding loans only on more onerous closure problems that have fed the service area, and federal financial regu- terms, for older and lower-priced nation’s gravest economic crisis since latory agencies were charged with the homes), steering by real estate agents, the Depression. The beauty and sim- responsibility to “assess the insti- fraudulent appraisals and other prac- plicity of this explanation makes one tution’s record of meeting the credit tices reinforced racial segregation wonder why it took so long for us to needs of its entire community, includ- throughout U.S. metropolitan areas. see it. According to this view, it was ing low- and moderate-income neigh- The CRA was enacted as part of an the fault of black people! The federal borhoods, consistent with the safe and effort to undo the effects of such pub- government, another favorite whipping sound operation of such institution.” lic policies and private practices. and boy, also played a hand in this by try- The goal was to put an end to red-lin- it is succeeding. According to studies ing to increase homeownership among ing and to increase access to credit for by the Treasury, the Federal Reserve, minorities and other “undeserving Harvard Joint Center for Housing poor.” The combination of big gov- The argument is utterly Studies and others, the CRA has led to ernment and blacks simply could not false. increasing homeownership in precisely be resisted any longer. As Fox News’ those economically distressed markets Neil Cavuto concluded, “Loaning to where the law intended to do so; it has minorities and risky borrowers is a di- qualified borrowers in areas that had nurtured integration by increasing saster.” long been underserved. But, again, homeownership for racial minorities in According to many conservative only “consistent with safe and sound” predominantly white neighborhoods commentators including Cavuto, lending practices. And the law has that have traditionally been closed to Charles Krauthammer (Washington worked. them; and CRA-related lending has Post), Lou Dobbs (CNN) and edito- Prior to the CRA, government been found to be profitable. If any rial writers at the Wall Street Journal, policy, particularly federal policy, lender made a loan to a black appli- it is the federal Community Reinvest- complemented private industry prac- cant (or anyone else) who was not quali- ment Act—basically a ban on red-lin- tices to deny credit in minority neigh- fied, that lender simply did not under- ing—that forced lenders to make bad borhoods, undercut minority home- stand the law. If such lending institu- loans to African Americans, other mi- ownership and perpetuate racial segre- tion was told it had to do so, it was by norities and other unworthy recipients gation. As is now well known, for at a compliance officer who did not un- in poor neighborhoods around the na- least the first 30 years of its existence, derstand the law. tion, leading to the challenges that are the Federal Housing Administration Timing alone demonstrates the er- now plaguing the nation’s economy. insured mortgage loans almost exclu- roneous nature of the CRA critique. The argument is gaining traction. And sively in white, suburban communities. The law was strongest in the 1990s, it is utterly false. Urban renewal and the concentration before the statute was watered down Under the Community Reinvest- of public housing in central city neigh- and before the surge in subprime lend- ment Act (CRA), passed in 1977, Con- borhoods reinforced traditional patterns ing. Not coincidentally, the CRA was gress concluded that “regulated finan- of segregation. And the federally fi- weakened by the Phil Gramm-led Fi- cial institutions have a continuing and nanced highway system enabled white nancial Modernization Act of 1999 and affirmative obligation to help meet the suburbanites to commute to their subsequent regulatory “reforms.” As downtown jobs without coming into a result, fewer mortgage lenders were contact with racial minorities and pre- covered by the law, and the rules that Gregory D. Squires (squires@gwu. dominantly minority communities. did apply to many institutions were less edu), a member of PRRAC’s Social Exclusionary zoning ordinances in vir- stringent. So the CRA was strongest Science Advisory Board, is a Profes- tually every suburb to this day keep when families were able to buy and stay sor of Sociology and Public Policy and housing prices artificially high, dis- in their homes at record levels. The Public Administration at George couraging low-income families, dis- law was weakened just as the subprime Washington University. He serves on proportionately people of color, from lending craze took off, with the fore- the Board of the Woodstock Inst. and moving into the more prosperous and closure and related economic crises that the National Housing Inst., as well as predominantly white neighborhoods immediately followed. on the Advisory Board of the John outside of central cities. More importantly, it is essential to Marshall Law School Fair Housing But government has hardly acted understand that CRA-covered lenders Legal Support Ctr. alone. Overt red-lining, along with (Please turn to page 4) November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 3 (SCAPEGOAT: Continued from page 3) laws should be even more rigorously creased the volume of responsible enforced. Here is an opportunity for lending to low- and moderate-in- did not make the loans that went bad. the federal government to significantly come households. We should not When the law was passed in 1977, ap- advance the cause of fair lending, fair view the current foreclosure proximately three-quarters of all mort- housing and equitable community de- trends as justification to abandon gage loans were made by depository velopment generally. As Janet L. the goal of expanding access to institutions covered by the CRA. To- Yellen, President and CEO of the San credit among low-income households, since access to credit, and day, approximately three-quarters of Francisco Federal Reserve Bank, stated the subsequent ability to buy a all loans are made by independent last March: home, remains one of the most mortgage brokers and bankers that have There has been a tendency to important mechanisms we have to never been covered by the law. And conflate the current problems in help low-income families build as the National Community Reinvest- the subprime market with CRA- wealth over the long term. ment Coalition reported, CRA lend- motivated lending, or with lend- Unfortunately, there is no magic ers have originated less than one-quar- ing to low-income families in gen- ter of subprime loans, with the over- bullet for what ails the nation’s economy. Apparently this does not whelming number of those loans—the CRA-covered lenders did loans that have led to the mortgage undermine the appeal of simple solu- meltdown—being made by institutions not make the loans that tions, particularly when they buy into that had no CRA responsibilities. In went bad. long-standing stereotypes. Among the 2005, the Federal Reserve reported that many responsibilities now confronting just 5% of loans made by CRA insti- eral. I believe it is very impor- policymakers, as the public is about to tutions were high-cost loans, com- tant to make a distinction between make its multi-billion dollar invest- pared to 34% for non-CRA lenders. the two. Most of the loans made ment, is to resist the racist, anti-gov- With the federal government about by depository institutions exam- ernment rants that have all too often to spend as much as $700 billion to ined under the CRA have not been fueled public policy and private prac- higher-priced loans, and studies ❐ “invest” in troubled financial institu- tice throughout our nation’s history. have shown that the CRA has in- tions, CRA and related fair lending From “Adverse Uses” to “Moral Hazards” by William L. Taylor

This is to underline and elaborate pose is to stave off new regulation and lies who acquire wealth by paying off briefly on the excellent article by Gre- make mortgage credit unavailable even mortgages and those who are unable gory Squires on the myths that con- to people who are sound risks. to do so. servatives have propagated to blame Second, a little history is in order. These inequities continued largely the current financial crisis on African During the 1930s, 40s and into the 50s, unabated until the 1970s when, as Americans and government. the Federal Housing Administration Squires reports, Congress passed the First, it is not just conservative was helping people who could afford Community Reinvestment Act to in- commentators who are blaming mi- only low downpayments to acquire crease access to credit for borrowers norities for the meltdown. Republi- in low- and moderate-income housing. can leaders in Congress such as Eric A little history is in Something else happened, too. The Cantor (R-VA) have challenged order. civil rights laws, particularly the Civil Barney Frank’s demonstration of the Rights Act of 1968, barred discrimi- failure of regulation for more than a nation in housing. But the agencies— decade to restrain unscrupulous lend- decent housing. But FHA policy including the Federal Reserve— ing practices. The conservative pur- (which reflected state policies and real charged with regulating lenders largely estate practices) sought to restrain ac- ignored their responsibilities. In the cess by black families to housing in 1970s, when the Federal National William L Taylor (btaylor@cccr. white areas. Such “adverse (or mixed) Mortgage Association (Fannie Mae) org), a PRRAC Board member, was use” would depress property values, entered the secondary market, they Staff Director of the U.S. Civil Rights in the view of the FHA. These poli- proposed to adopt all the worst prac- Commission from 1965 to 1968 and cies help explain the absence of black tices of the industry. They said they prior to that was the Commission’s families from suburbs, the gap between would not approve mortgages that General Counsel. He now chairs the FHA loans to blacks and whites, and counted a spouse’s income (women Citizens’ Commission on Civil Rights. ultimately, the asset gap between fami- (Please turn to page 6)

4 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 Does PRRAC still need your contribution?

We woke up on November 5th with the realization that a civil rights lawyer and community organizer has been elected President of the United States: someone who has shown that he understands the challenges America still faces at the intersection of race and poverty, and the structural issues that we wrestle with daily in our work. The election of Barack Obama presents an unprecedented opportunity for civil rights groups—but it also brings new challenges. We understand, after the long campaign, that there will be pressures to downplay racial justice issues as the new President seeks to reach consensus on the economic crisis and foreign policy. Yet we also know that there will be enormous potential for change, and many new doors will be open to civil rights researchers and advocates to help frame the future. We need your support to take advantage of this historic opportunity. The ongoing response to the foreclosure crisis is one example of why PRRAC’s work is so important. As difficult as the current economic crisis is for middle-class Americans, its impact on families living in low-opportunity neighborhoods is severe—neighborhoods where the bottom is literally falling out of the housing market, and where quality health care, employment and education are often out of reach. And the way that foreclosure relief is structured could have a pro- found long-term impact on these neighborhoods and the families living in them. This is an example of how PRRAC can contribute—by helping to analyze the hidden impacts of law and policy on poor people of color; to spot new challenges to fairness as they arise; and to work hand-in-hand with policy innovators on solutions that will bring about genuine equality of opportunity. * * * * * * * * * * * * * PRRAC has had a highly productive 20th Anniversary year in 2008 which will provide a strong base for our work next year: We were selected as one of two planning consultants to the recently formed National Commission on Fair Housing and Equal Opportunity. The Commission is chaired by former HUD Secretaries Cisneros and Kemp, and convened by the Leadership Conference on Civil Rights, the National Fair Housing Alliance, the Lawyers Committee for Civil Rights, and the NAACP Legal Defense Fund. The purpose of the Commission is to develop a consensus report on the future of fair housing. Look for our final report in early December—just in time for the Presidential transition. PRRAC had an important impact on the UN’s 2008 review of U.S. compliance with the Convention on the Elimination of All Forms of Racial Discrimination (CERD). Our coalition report, Unequal Health Outcomes in the United States, brought together over 20 public health, civil rights, housing and environmental organizations and scholars in a unified statement on the causes and consequences of minority health disparities in the U.S. This human rights frame— which also looks at social and environmental factors affecting health—will continue to be an important element of the upcoming debate on health care reform. We have continued to provide innovative technical assistance to coalitions working to support regional school and housing desegregation efforts in Hartford and Baltimore. In both cities, community-based coalitions have formed to support and expand the potential of desegregation lawsuits filed by the ACLU and the NAACP Legal Defense Fund. As we celebrated our anniversary recently with many founding Board members and new friends, we were struck by the continuing relevance of PRRAC’s mission, and by how much still remains to be done. We are moving forward into 2009 with new projects in housing, education and health. Plus we will be renewing our Small Grants Program, and continuing to cover cutting-edge research and advocacy in our bi-monthly publication Poverty & Race. We hope that you will consider a generous donation this year. Please send your tax-deductible donation to PRRAC, 1015 15th St. NW, Suite 400, Washington, DC 20005. Thank you for your continuing support! Sincerely,

Philip Tegeler Executive Director [email protected]

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 5 (MORAL HAZARDS: Cont. from page 5) proposed policy. No one can say with conservative pundits and legislators a straight face that issuing mortgages would have it, due to any unsound- might leave the workforce); or in any of the above circumstances led ness in the policies, but rather to the counted bonus income received by to destabilizing the housing market. fact that they were dealing by modest workers (it might not be stable); nor Similarly, my organization sued the means with a deep-seated history of would it approve good housing located federal regulatory agencies on behalf discrimination. in poor neighborhoods (red-lining); or of about a dozen public interest groups It was not until many banks and sav- a mortgage where the age of the ap- to get them to prevent discriminatory ings and loans fled the mortgage field plicant and the term of the mortgage practices. We won a settlement that and subprime lenders took over that added up to more than 85 (a 60-year- required the federal agencies to set up the market went wild. It was not too old applicant could not obtain a 30- civil rights offices and use their ex- much regulation that caused instabil- year mortgage); or applications that ity but too little effective supervision. revealed even small problems in the Too little effective Now, in the face of the financial applicant’s credit history. supervision, not too crisis, we are being told by conserva- As Director of the Center for Na- much regulation, caused tives that policies that would restore tional Policy Review at Catholic Uni- the instability. home loans to hard-working people of versity (which I founded), I undertook modest means would create a “moral to assemble a group of civil rights lead- hazard,” encouraging irresponsible ers, labor union leaders, women’s amination process to detect discrimi- borrowing and lending. The true rights, senior citizen leaders and con- nation. “moral hazard” would be to deny sumer right leaders at a press confer- All of these community reinvest- people opportunities for purchasing a ence, co-sponsored by the Leadership ment and anti-discrimination initiatives place in society that others have long Conference on Civil Rights, to pro- led to modest gains by minorities in enjoyed. ❏ test the proposed FNMA policy. Soon the acquisition of housing. Their fail- thereafter, Fannie Mae withdrew its ure to accomplish more was not, as

(STRUCTURAL RACISM: Cont. from p. 1) Given these structural barriers and the resultant devastating conditions, it New pediments that hamper their ability to would be easy to let a sense of hope- Online fulfill their governmental responsibili- lessness overwhelm efforts for positive ties to their citizens. change in Native communities. Yet Resource At various times, the federal gov- starting in the new era of self-determi- ernment has forcibly removed Native nation in the 1960s and growing to the Visit Integrationagenda.org people from their homelands to reser- present day, tribal leaders are forging is a new “collaborative effort to vations; divested Native people of mil- a new path to break down the pillars develop and execute a compre- lions of acres of valuable land filled of structural racism that diminish op- hensive agenda for residential with natural resources; required gen- integration.” The initiative, erations of Indian children to attend One cannot overlook joined by sister organization residential boarding schools far from MoveSmart.org, grew out of a the racial basis of their homes; passed legislation autho- many policies of recent conference sponsored by rizing the termination of more than 100 the Institute of Government and tribal governments; forced tribal gov- colonialism and pater- Public Affairs at the University ernments to adopt unfamiliar and in- nalism that are the of Illinois at Chicago and the appropriate governance structures; and hallmarks of federal- Jane Addams Hull House Asso- initiated a large-scale effort to relocate Indian relations. ciation. Integrationagenda.org Native people from their tribal com- plans a “forward-looking agenda munities to urban areas. These poli- portunities for their peoples. Building that focuses on research, policies had, as their basis, a prevailing strong foundations of tribal governance cies, and programs that move view of the inferiority and incapabil- through systemic reform, leadership beyond anti-discrimination en- ity of Indian people in managing their development and citizen engagement forcement to examine the other own affairs and economic assets, and is a growing movement in American barriers to integration.” For a goal of assimilation into the domi- Indian communities today. Overcom- more information, go to www. nant, or “white, Anglo-Christian” cul- ing centuries of colonialism and pater- integrationagenda.org. ture. The lasting impact of these fed- nalism will not be easy or quick—but eral policies on tribal communities can- the alternative cannot be considered. not be overstated. ❏

6 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 The Cobell Trust Land Lawsuit by Justin Guilder

Cobell v. Kempthorne (Dirk of trust. In 2001, the Court of Ap- tions of law contained in Cobell XXI: Kempthorne, the current Secretary of peals for the District of Columbia Cir- (1) Although the government rendered the Interior) is one of the nation’s more cuit generally affirmed and recognized impossible its declared accounting complex, long-running and important that the individual Indian trust that duty, the court held that it is unfair to lawsuits, seeking justice for a class of Congress created over 100 years ago hold the government accountable to the American Indians who beneficially had been mismanaged nearly as long. plaintiff class in accordance with tra- own allotted trust land. The trust as- Plaintiffs and defendants battled ditional trust law, despite the absence sets include oil, natural gas, timber, over many issues over the next five of Congressional limitations on either minerals, land leases, grazing leases, years. During these years, mediation the government’s accounting duty or etc. The geographical area covered by occurred, yet the government never its accountability for breach of such these trust revenues stretches all across offered to settle the lawsuit at any duty; (2) The court held that the gov- the Western U.S., from Oklahoma to price, rejecting every proposal to settle ernment has not waived its immunity Montana to California to Arizona and the case made by plaintiffs and by under 5 U.S.C. § 702 with respect to everywhere in between. The land was mediators. Extraordinarily, two pre- a claim for specific relief for interest the subject of the 1887 Dawes Act, that has accrued on plaintiffs’ trust which broke up reservations and gave Plaintiffs were funds, notwithstanding an express individual Indians their own land in awarded $455.6 million statutory trust duty to pay such inter- order to assimilate the Indians into est; and, (3) The court held that funds white culture by destroying their sense of undisbursed trust expressly held in trust by the govern- of tribal (community) property and in- funds. ment for the benefit of individual Os- stilling a sense of self (individual) age Tribe members of the plaintiff ownership. vious Secretaries of the Interior have class are not recoverable if held in an been held in contempt by the district account not expressly designated as an The Background court. individual Indian trust account. On August 7, 2008, Judge James First, the district court concluded that it would be unfair to invoke tra- In 1996, five Indians filed a com- Robertson of the U.S. District Court ditional trust law presumptions and plaint in the U.S. District Court for for the District of Columbia issued the adverse inferences against the govern- the District of Columbia on behalf of latest opinion in Cobell v. Kempthorne ment as trustee that ordinarily apply themselves and all other individual (“Cobell XXI”—there have been so where, as here, the trustee has de- Indian trust beneficiaries (over many major decisions—and minor ones stroyed, lost and compromised records 500,000 in all), alleging the federal —in this case that the courts have be- essential to a complete and accurate government had breached its fiduciary gun numbering the major ones for iden- accounting, because, in the district obligations, claiming that the govern- tification purposes). This most recent court’s opinion, unique characteristics ment destroyed critical records, failed decision, which follows on the heels of the Individual Indian Trust “tem- to account to trust beneficiaries, and of a January 30, 2008 decision in per the application of ordinary trust either lost trust assets or converted which the court concluded that the his- law.” Cobell XXI, 2008 WL 3155157, them to government use. Over the next torical accounting of all individual at *24. The district court’s ruling that three years, the district court certified Indian trust funds was impossible, the government as trustee is not obli- the case as a class action, issued many awards the plaintiff class in restitution gated to prove or justify disbursements opinions and, after conducting a from defendants $455.6 million of that it claims it has made from the IIM lengthy trial, concluded that the fed- undisbursed trust funds. Although the (Individual Indian Money) Trust and eral government had failed to discharge court in Cobell XXI determined that that traditional presumptions and ad- its fiduciary duties and was in breach the plaintiff class is entitled to recover their own undisbursed trust funds, sev- verse inferences do not apply to the eral significant legal errors exist; the government is inconsistent and in conflict with controlling Supreme Court Justin Guilder (JGuilder@kilpatrick plaintiff class is in the process of seek- and Circuit law, as well as governing stockton.com) is a litigation associate ing appellate review of those issues. trust law. The government’s trust du- at Kilpatrick Stockton, LLP, co-counties are not diminished by the unique sel for the Cobell plaintiff class. All of Appellate Review qualities of the IIM Trust, because the court opinions (and much more in- Congress has enacted no legislation that formation) are available on indian Plaintiffs are challenging (at least) expressly, or by necessary implication, trust.com. the following three paramount ques- (Please turn to page 8) November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 7 (COBELL: Continued from page 7) precedent make clear that traditional over Individual Indian Trust lands and trust principles apply to the trust revenue solely for the benefit of limits such fiduciary duties and obli- government’s management of the IIM the plaintiff class. District of Colum- gations. The district court’s expressed Trust notwithstanding its unique quali- bia Circuit law is in accord. A trustee concern about fairness to the govern- ties. In Mitchell v. United States, 463 must show how the trust assets and ment when it rejected traditional trust U.S. 206, 225 (1983), the Supreme funds entrusted to them have been ad- law presumptions and inferences is Court held that traditional trust duties ministered or applied. And if full and unprecedented and in conflict with con- and ordinary incidents of trusteeship accurate accounts have not been kept, trolling law. apply to the IIM Trust because the gov- all presumptions are adversely in- Indeed, Supreme Court and Circuit ernment exercises complete control dulged, and all obscurities and doubts are to be taken most strongly against them. Plaintiffs, therefore, are chal- Tribal Self-Government lenging the court’s conclusion that the presumptions typically utilized in trust in the United States cases do not apply to this case because of the unique nature of the trust. by John Dossett Second, the court held that enforcement of 25 U.S.C. § 4012—which More than 560 federally-rec- ments, much as the federal govern- requires the Secretary of the Interior ognized Indian Nations (variously ment assists state governments. to pay interest “to an individual In- called tribes, nations, bands, pueb- Tribal self-government serves dian in full satisfaction of any claim los, communities, native villages) the same purpose today as it always . . . for interest on amounts depos- exist in the United States. Some has. It empowers Indian Nations to ited” where the claim is identified 226 of these are located in Alaska; remain viable as distinct groups of the rest are located in 34 other people. Tribal cultures enrich The district court states. Indian Nations are ethni- American life, and tribal economies concluded that the cally, culturally and linguistically provide opportunities where few federal government diverse. would otherwise exist. Tribal gov- had failed to discharge Sovereignty is a legal word for ernments provide a broad range of an ordinary concept—local self- governmental services on tribal its fiduciary duties and government. The United States lands, including education, law en- was in breach of trust. Constitution recognizes that Indian forcement, justice systems and en- Nations are sovereign govern- vironmental protection, and provide through “a reconciliation process of ments. just like Canada and Cali- basic infrastructure such as roads, individual Indian money accounts”— fornia. Hundreds of treaties, the bridges and public buildings. Tribal is not specific relief within the waiver Supreme Court, the President and governments and state governments of immunity in 5 U.S.C. § 702. This the Congress have repeatedly af- have a great deal in common, and ruling not only conflicts directly with firmed that Indian Nations retain there is often far more cooperation Supreme Court precedent, but with the their inherent powers of self-gov- at the local level than there is con- law of the Cobell case; the D.C. Cir- ernment. These treaties and laws flict. cuit has already explained that the have created a fundamental contract The status of Indian Nations as a plaintiff class is entitled to recovery between Indian Nations and the form of government is at the heart of interest for any delay in payment. United States. Indian Nations ceded of nearly every issue that touches Cobell v. Norton (“Cobell XIII”), 392 millions of acres of land that made Indian Country. Self-government is F.3d 461, 468 (D.C. Cir. 2004). the United States what it is today, essential if tribal communities are Plaintiffs are deeply troubled by the and in return received the guaran- to continue to protect their unique court’s blatant disregard for such con- tee of self-government on their own cultures and identities. However, trolling precedent. lands. The treaties and laws also pro- too few people are aware of the his- Third, the district court rejected the vide for federal assistance in ensur- tory and purpose of tribal self-gov- arguments of both the plaintiffs and ing the success of tribal govern- ernment. The great challenge for the Osage Tribe that individual Osage Indian Nations, as it is for all of the Indian trust funds collected by the gov- allies in the fight against racism and ernment should be included in the cal- John Dossett ([email protected]) poverty, is to build understanding culation of individual Indian trust rev- is the General Counsel for the Na- of history and legal rights as we enue, and thus in the calculation of a tional Congress of American Indi- address economic and social prob- remedy to the extent the funds remain ans. lems. ❏ undisbursed. The court’s sole basis for that conclusion is the fact that the gov-

8 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 ernment contends that individual Os- ate appellate review of these three is- age Indian trust revenue was deposited sues. It is important to resolve these Thank you for your into a “tribal” rather than an IIM ac- legal issues regarding the exclusion of generous contribu- count. Plaintiffs contend that the par- class members and trust revenue be- tions to PRRAC! ticular Treasury account holding indi- fore significant time and money are vidual Indian trust moneys is irrelevant expended on notice to beneficiaries and to whether it constitutes IIM funds for a plan for distribution. Plaintiffs hope Joel Blau, Hester Eisenstein and purposes of this action. The exclusion that the Court of Appeals reverses the Michael Tanzer, Roger and Joy of the individual Osage revenue had a lower court’s rulings and that this case Floyd. Henry Freedman, Eric significant adverse impact on the res- may move forward to a fair and expe- and Katharine Kravetz, Peter and titution calculation. ditious resolution. Individual Indians Frances Marcuse, Demetria Lynn have faced significant problems McCain, Florence Wagman Next Phase throughout the 120-year history of this Roisman, Gwen Urey trust and, unfortunately, justice is still Plaintiffs recently filed briefs with years away. That is, of course, if it the Court of Appeals for the District can ever be attained. ❏ of Columbia Circuit seeking immedi-

Joint Resolution of Apology to Native People by John Dossett Over the past several sessions 1890. The Resolution acknowledges Cobell lawsuit]; continues to of Congress, several Senators and the resilience and unique nature of underfund tribal health care and edu- Representatives have introduced a Native Peoples’ cultures; and that cation; and has done little to restore Congressional Resolution “to ac- Native Peoples’ creator has endowed tribal lands or support economic de- knowledge a long history of offi- Native People with certain inalien- velopment. Tribes are denied the cial depredations and ill-conceived able rights. ability to develop an equitable tax policies by the United States Gov- The National Congress of Ameri- base necessary for infrastructure and ernment regarding Indian tribes and can Indians has worked with Con- services, similar to state and local offer an apology to all Native gressional leadership to analyze the governments, and the Supreme Peoples on behalf of the United impact of the Apology Resolution. Court continues to chip away at States.” Senator Sam Brownback, NCAI solicited responses to the pro- tribal jurisdiction at every opportu- the conservative and strongly Chris- posed language and facilitated dis- nity. tian Senator from Kansas, has been cussion among tribal leadership and In late 2008, the Senate was con- one of the most outspoken propo- Congress on the issue. Tribal lead- sidering a reauthorization of the In- nents of the apology resolution and ership across Indian Country has dian Health Care Improvement Act introduced the first version (S. J. offered a variety of responses to the that would have done much to mod- RES. 37) during the 108th Con- Apology Resolution. ernize reservation health care. The gress. Some tribal leaders are in favor Apology Resolution was attached to The Apology Resolution refer- of the Resolution, believing that an the health care bill, but so was a ences the historical importance of apology would begin a process for meaningless and politically charged tribes in the United States and ac- reconciliation for past injustices, amendment on abortion. (All fed- knowledges that Native people suf- offering a way to move past histori- eral spending on abortion is already fered cruelly as a result of the United cal wrongs that linger in Native com- prohibited by the Hyde Amend- States’ reservation policy and mili- munities and refocus on the future. ment.) As intended, the abortion tary massacres. In particular, the Others tribal leaders believe that an amendment became a flash point for Resolution lists such events such as apology must be accompanied by election year politics, and the criti- the Trail of Tears, The Long Walk, actions to repair the wrongs. “Sorry cal Indian health care bill and the the Sand Creek Massacre in 1864 we stole your land, but we are keep- Apology Resolution failed to move and the Wounded Knee Massacre in ing the land” isn’t much of an apol- through the House of Representa- ogy. The federal government con- tives. In this environment, it is dif- John Dossett ([email protected]) tinues to fiercely resist a settlement ficult for tribal leaders to see that is General Counsel for the National for mismanagement of Indian trust an apology by a majority in Con- Congress of American Indians. funds [see accompanying article on gress is sincerely intended. ❏

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 9 Housing America’s Native People by Wendy L. Helgemo

The sun shines most days of the ing and kitchen facilities; less than half American Indians, Alaska Natives and year on the adobe homes of a Pueblo of all reservation homes are connected Native Hawaiians (“Native Ameri- outside of Albuquerque, New Mexico. to a public sewer. Unemployment rates cans”) are administered by the U.S. Some have no running water. Some in Native American communities av- Department of Housing and Urban De- have foundation falling away, letting erage 15%, and in some areas it is as velopment (HUD). Within HUD, the daylight in through the cracks. Some high as 80%. Because most American Secretary, operating through the Of- are bright, sprawling ramblers—all Indian reservations and Alaska Native fice of Native American Programs new construction. communities are in geographically re- (ONAP), carries out the United States’ A thunderstorm rolls in over a green mote and rural areas, building homes trust responsibility to Indian tribes and valley in southeastern Montana. A is an extremely costly endeavor and Indian people by improving their hous- modern, but modest, house stands one reason for the high cost of housing conditions and socio-economic sta- across from a small church. It is made ing development in Native communi- tus. from straw bale technology and is ties. A well-built and maintained road Other federal programs in the De- heated by solar energy. Another home system, housing, electricity, wastewa- partments of Agriculture, Veterans has cold wind blowing through plastic ter and land improvements all contrib- Affairs, Health, and Interior also have sheeting over where the glass window components that serve tribal housing panes should be. An old wood burn- Housing in Native needs. ing stove is used for heat. American communities Each of these places someone calls The Native American Housing home. While there is a supply of safe, is far more substan- Assistance and Self-Determination sanitary and adequate housing stock in dard than for the rest Act “Indian Country,” housing in Native of the country. American communities is still far more The Native American Housing As- substandard than for the rest of the ute the necessary foundation for eco- sistance and Self-Determination Act of country. Things are changing, but nomic growth, increased safety and 1996 (as amended, Pub. L. 104-330), some say Third World conditions ex- improved quality of life for Native as noted above, is the main source of ist right here in America. people. legal authority under which the United States provides housing and housing- Overview of Federal related programs for Native Ameri- Housing in Indian cans. Enacted in 1996, NAHASDA Country Housing Programs for combined scattered federal public hous- Native Americans ing programs into a consolidated block After two centuries of U.S. federal grant to better serve the unique needs policy, Indian Country is compara- What has become the leading source of Native American communities. tively underdeveloped to an alarming of capital for housing in Indian Coun- NAHASDA established the Indian degree. An estimated 200,000 hous- try is the Native American Housing Housing Block Grant (IHBG) to pro- ing units are needed immediately in Assistance and Self-Determination Act vide direct federal assistance to Indian Indian Country, and approximately of 1996 (NAHASDA), the major fed- tribes to carry out affordable housing 90,000 Native families are homeless eral law relating to Native American activities. Prior to NAHASDA, tribes, or under-housed. Overcrowding on housing and community development. through tribal housing authorities or tribal lands is almost 15%, and 11% NAHASDA has opened the door for departments, operated housing pro- of Indian homes lack complete plumb- American Indian tribes and Alaska grams under the 1937 Housing Act, Natives to improve tribal capacity and the first law in which Congress ad- increase tribal decision-making in the dressed the housing needs of low-in- Wendy Helgemo (whelgemo@ housing arena. NAHASDA also has come Americans. Notably, tribes had NAIHC.NET), a member of the Ho- enabled greater tribal participation in to wait until 1961 to become eligible Chunk Nation, a federally-recognized the development of federal regulations for assistance and housing programs Indian tribe in Wisconsin, has served through the negotiated rule-making administered by HUD. Currently, al- as the Director of Governmental Af- process and has spurred housing de- most 300 tribal housing authorities fairs at the National American Indian velopment through the leveraging of manage anywhere from a few hundred Housing Council in Washington, DC federal dollars. homes to thousands of homes in In- since 2006. Federal housing programs for dian Country.

10 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 The Indian Housing Block Grant tivities, and model activities. Indian try. For nearly 35 years, NAIHC has The Indian Housing Block Grant tribes pledge future IHBG funds as se- assisted tribes with their primary goal (IHBG) is the single largest source of curity for repayment of Title VI loan of providing housing and community capital made available by the United obligations. development for Native American States for housing development, hous- An amendment to Title VI estab- communities. NAIHC consists of 270 ing-related infrastructure, and home lishes in 2009 a demonstration pro- members, representing 463 tribes and repair and maintenance in Indian gram to guarantee the notes and obli- the Department of Hawaiian Home Country. Since FY1998, more than $7 gations issued by Indian tribes to fi- Lands. billion in federal housing assistance has nance activities that are eligible for This assistance has come in the form been invested in Native American com- financing under the Housing and Com- of on-site technical assistance; tuition- munities for purposes of making munity Development Act of 1974, in- free training classes provided by hous- downpayments on homes, making cluding economic development, housing professionals in the employ of monthly rents, helping with rehabili- ing rehabilitation, public facilities and NAIHC; scholarship programs that tation and building new housing units. large-scale physical development help offset the cost to tribal-designated Prior to NAHASDA implementation, projects. housing entity employees to attend an estimated 2,000 units a year were professional training sessions; and being built, whereas over 6,000 units Section 184 Indian Housing Loan NAIHC’s Leadership Institute, a low- were built in NAHASDA’s first year Guarantee Program cost professional certification course alone. The Section 184 Indian Housing for housing professionals who work in Loan Guarantee Program was estab- Indian housing development. Indian Community Development Block Grant Almost 300 tribal The Native American Veterans The Indian Community Develop- housing authorities Home Loan Program ment Block Grant (ICDBG) is a direct grant program for community manage homes in Indian Within the U.S. Department of Vet- development in Indian and Alaska Country. erans Affairs, the Native American Native Communities. Community de- Veterans Home Loan Program serves velopment includes decent housing, lished to serve the Native American eligible Native-American veterans who a suitable living environment and eco- homeownership market, which is wish to purchase, improve or construct nomic opportunities, primarily for underserved due to the trust status of a home on tribal lands. VA direct loans low- and moderate-income persons. Indian lands. Indian tribes and indi- are generally limited to the cost of the Eligible grantees are any Indian tribe, vidual Native Americans are eligible home, or the Federal Home Loan band, group or nation or Alaska Na- for Section 184 loans. Loans can be Mortgage Corporation single-family tive village. Specifically, ICDBG for new construction, rehabilitation of conforming loan unit, whichever is funding can be used for housing (new an existing home and refinancing. The less. The maximum loan amount may construction and rehabilitation), com- default rate is less than 1%. not exceed VA’s estimate of the rea- munity facilities and economic devel- sonable value of the property to be opment. Ninety-five percent of the Training and Technical Assistance purchased. grant funds are awarded on a competi- NAHASDA authorizes appropria- tive basis. The remaining 5% is tions for assistance to a national orga- Indian Health Service Sanitation awarded on a non-competitive, first- nization representing Native American Facilities come/first-served basis to eliminate housing interests in order to provide problems that pose an imminent threat training and technical assistance to In- Within the Department of Health to public health or safety. dian housing authorities and tribally and Human Services, the Indian Health designated housing entities. Tribal Service (IHS) Division of Sanitation Title VI Tribal Housing Activities housing authorities rely on training Facilities Construction is charged with Loan Guarantee Program and technical assistance to effectively providing Native American homes and The Title VI Tribal Housing Ac- implement their housing programs. communities with essential water sup- tivities Loan Guarantee Program (Title Training and technical assistance has ply, sewage disposal and solid waste VI) provides the backing of a federal proven to be an effective and invalu- disposal facilities. guarantee on loans to Indian tribes able tool for capacity-building for Housing development in Native from private lenders or investors. Title tribes and their housing authorities. American communities involves more VI loans finance eligible affordable Since the 1996 enactment of than simply building dwelling units. housing activities such as housing as- NAHASDA, the National American Community development often starts sistance, housing development, hous- Indian Housing Council (NAIHC) has with the design and construction of ing services, housing management ser- served as the lead training and techni- basic physical infrastructure and vices, crime prevention and safety ac- cal assistance provider in Indian Coun- (Please turn to page 12)

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 11 (HOUSING: Continued from page 11) programs. Funds are awarded on a facilities. Section 538 loans are for new competitive basis. The maximum rental housing and acquisition with re- amenities that most Americans take for award under capacity-building is habilitation of existing properties. The granted. This includes water and waste- $150,000. The maximum amount purpose of the Section 538 program is water infrastructure, electricity, heat awarded for housing development and to increase the supply of affordable and cooling systems, and a host of economic development activities is rural rental housing, through the use other elements. Recurring challenges $400,000. of loan guarantees that encourage part- to the physical infrastructure issue in- nerships between the Rural Develop- volve access to capital and financing, USDA Rural Housing ment program, private lenders and conflicting statutory and regulatory public agencies. Indian tribes can use provisions, and a need for comprehen- Within the U.S. Department of Ag- these programs for housing and related sive planning. Therefore, this IHS pro- riculture (USDA), Rural Housing pro- infrastructure development in conjunc- gram is extremely taxed. Current ap- grams serve the housing needs of low- tion with HUD and Bureau of Indian propriations language prevents IHS income and very low-income Ameri- Affairs funding. sanitation funds to be used in conjunc- cans, including Native Americans. tion with NAHASDA funds to connect Indian tribes can participate in the Di- The Housing Improvement water and wastewater infrastructure to rect Home Loan Program (Section Program (HIP) the new homes. 502) and the Rental Housing Direct Loan Program (Section 538). Section Within the U.S. Department of the HUD Rural Housing and 502 loans are primarily used to help Interior, the Bureau of Indians Affairs Economic Development (BIA) is authorized to assist Indian Some say Third World tribes with housing improvement. In While not a specific Indian pro- conditions exist right 1965, the Housing Improvement Pro- gram, tribes are eligible to participate here in America. gram (HIP) was established pursuant in HUD’s Rural Housing and Eco- to the Snyder Act of 1924 (25 U.S.C. nomic Development programs §13) to provide grants of modest (RHED). RHED is another tool Na- low-income individuals or households amounts (often not more than $1,500) tive American Communities use to help purchase homes in rural areas. Sec- for home rehabilitation, renovation and build homes on isolated Indian lands. tion 502 funds can be used to build, repair. As the waiting lists for new These programs serve to assist in ca- repair, renovate or relocate a home, homes continue to grow and housing pacity-building, fund innovative ac- or to purchase and prepare sites, in- stock becomes older and dilapidated, tivities and provide support for new cluding providing water and sewage HIP strives to ensure that existing housing stock remain safe, healthy and habitable. According to the BIA, HIP assists 375 Indian families annually. The New Witt Internship Award HIP serves a valuable role in keeping PRRAC is pleased to announce lation group. She has teamed up with existing housing stock in habitable con- the winner of the 2008 Edith Witt MBA alumni and high school teach- ditions for the neediest within the In- Internship Award: Patricia Johnson ers to develop a pilot curriculum, dian communities: Indian elders and and the organization she will be which she will test with her partner low-income people. working with, First Place for organization, First Place for Youth, Youth, headquartered in Oakland, founded a decade ago to ensure that Calif., with other offices around the all foster youth have the opportu- Low-Income Housing Bay Area. nity to experience a safe, supported Tax Credits Ms. Johnson is Founder and Ex- transition from foster care, via a ecutive Director of the Game housing program, an academic en- One way tribes can spur new hous- Theory Academy, and prior to that richment program, counseling, a ing development is through leveraging worked for Pacific News Service/ youth community center, collabo- the IHBG. In 1986, the Congress New American Media in San Fran- ration with other Bay Area agencies, changed the Internal Revenue Service cisco, after receiving her MBA and community education. Tax Code to encourage homeownership from the Yale School of Manage- She and the Academy are reach- through the creation of low-income ment. Her goal in founding the able at trish@gametheoryacademy. housing tax credits (LIHTC). Tribes Academy is to increase the eco- org, www.gametheoryacademy. can use IHBG funds for project-based nomic savvy of at-risk youth org; First Place for Youth is reach- or tenant-based rental assistance in through financial literacy programs able at 510/272-0979, www.first LIHTC projects as an eligible afford- designed specifically for that popu- placeforyouth.org. able housing activity. While word about LIHTC leverag-

12 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 ing is getting around Indian Country, • Ensure meaningful consultation to isolated locations; only a small number of tribes have un- with tribal governments and hous- • Improve eGrant submission issues, dertaken LIHTC projects. Education ing authorities in advance of the particularly at HUD, as the current and capacity-building of tribal hous- development of relevant regulations system negatively impacts tribal ing authorities are key in increasing and policies; usage of the program. There is a clear communities; • Restore to the federal agencies an need to increase the training opportu- • Collaborate with tribal governments appropriate role in terms of over- nities for housing authorities in the area and housing authorities to initiate sight and monitoring of tribal hous- of LIHTC program development. This and develop comprehensive and ef- ing programs and services; will open up more doors to opportu- fective risk management and other nities to work with investors, program • Re-institute a vigorous negotiated self-insurance programs and services developers, compliance experts and rule-making procedure with tribal related to Native American housing consultants, and state Housing Finance governments and housing authori- and related assets and property; Agencies and Housing Departments. ties so that the impacts and consequences of proposed federal actions • Ensure a Native presence at White can be fully debated and agreed to House and Cabinet-level positions Financial Education prior to implementation; —e.g., HUD’s Assistant Secretary for Indian Housing and Community Tribal economies can be strength- An estimated 200,000 Development. ened through increased financial edu- housing units are cation programs and through the de- needed immediately in velopment and promotion of asset- Conclusion building rather than asset-stripping in Indian Country. Native communities. Since access to America’s First Americans—Native capital is an ongoing obstacle to hous- • Improve housing development and Americans—have been experiencing ing and community development in leveraging capacity within Indian their own housing and economic cri- Indian Country, the pervasiveness and Housing Authorities, as distin- ses since the era of Treaty-making and impact of predatory lending in all its guished from simply improving have an immediate need for culturally- iterations has destructive consequences housing management skills accord- relevant, decent, safe, sanitary and af- in Native communities. Development ing to federal guidelines; fordable housing. The lack of signifi- of credit programs and increasing bor- cant private investment, functioning • Increase federal funding levels for rowing opportunities through Tribal housing markets and the dire economic Native American housing, with a Community Development Financial conditions most Indian communities particular emphasis on achieving Institutions (CDFIs) will reduce the face mean that federal dollars make up parity with jurisdictions of compa- demand for predatory lending in tribal a significant amount of total housing rable size; communities. Financial education is resources for Native people. We must also a key to combating predatory lend- • Assist Indian tribes in the construc- continue to work to improve housing ing and needs to be culturally-specific tion and maintenance of physical in- conditions in Indian Country by and tailored to Native communities. frastructure, including methods of deconstructing remaining barriers to Asset development, including tribal In- financing similar to those available Indian tribes which endeavor to develop dividual Development Accounts and to state and local governments; their communities and economies and other forms of matched savings ac- improve the lives of their People. ❏ counts, should be emphasized to • Ameliorate high energy and other change the landscape from asset-strip- costs of construction due in large part ping to asset-building. Resources Recommendations for National American Indian Housing National Congress of American In- a New Congress and Council: www.naihc.net dians: www.ncai.org Administration AMERIND Risk Management: Native Financial Education Coali- www.amerind-corp.org tion: www.nfec.info • Restore the focus of federal hous- U.S. Housing and Urban Develop- National Tribal Environmental Coun- ing and housing-related programs ment Office of Native American Pro- cil: www.ntec.org grams: http://www.hud.gov/offices/ and services to one respecting the First Nations Oweesta Corporation: pih/ih/codetalk/onap hallmark of Indian Self-Determina- www.oweesta.org tion; Corporation for Supportive Housing: www.csh.org

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 13 Health Care and Indigenous Peoples* in the United States by Michael Yellow Bird

The health disparities of Indig- labels that subjugate the identities of the United States of America, negoti- enous Peoples in the United States are Indigenous Peoples. While many In- ated and signed nearly 400 treaties with numerous and pressing, and offer a digenous Peoples still prefer to use this nation. During this century of significant policy challenge to the next these former labels. a growing num- treaty-making, the U.S. government Congress and Presidential Administra- ber want to be identified according to agreed to provide, among other things, tion. Both must be committed to hon- their own tribal nation or affiliation. health services to Indian tribes in ex- oring the long-standing treaty obliga- Indigenous Peoples are diverse change for billions of acres of land, tions that the United States has to pro- populations who reside on ancestral natural resources, friendship and vide adequate health care services to lands, share an ancestry with the origi- peace. In a confirmation of the treaty Indigenous tribal nations. The United nal inhabitants of these lands, have dis- process, the legal basis to provide States has a legal responsibility to pro- tinct cultures and languages, and re- health care was accepted by the U.S. vide health care to Indigenous Peoples. gard themselves as different from those and first articulated in The Snyder Act In fulfilling this obligation it must of 1921. This legislation enabled the ensure that there is sufficient funding The United States has a U.S. Congress to authorize the Bureau for tribal and Indian Health Service legal responsibility to of Indian Affairs (BIA) to “expend programs, staffing, technology, re- such moneys as Congress may from search and facility construction, mod- provide health care to time to time appropriate…for the re- ernizing and maintenance. Indigenous Peoples. lief of distress and conservation of health.” In 1955, health services for who have colonized and now control Indigenous Peoples were transferred Who are Indigenous their lands and lives. As of July 1, from the BIA to the Indian Health Ser- Peoples? 2007, the U.S. Census Bureau esti- vice (IHS). which became part of the mated the population of Indigenous Public Health Service (PHS). The In- In the contiguous 48 United States Peoples, including those of more than dian Health Service is now a program and Alaska, many Indigenous Peoples one race, to be 4.5 million, or 1.5 per- within the U.S. Department of Health are mistakenly called Indians, Ameri- cent of the total U.S. population. Of and Human Services that is responsible can Indians or Native Americans. They this group, 2.9 million identified them- for providing health services to Indig- are not Indians or American Indians, selves only as “American Indian” or enous Peoples who are members of because they are not from India. They “Alaska Native.” There are more than federally-recognized tribes in the are not Native Americans, because 560 federally-recognized Indigenous United States. Indigenous Peoples did not refer to tribes in the United States. Approxi- The Indian Health Care Improve- these lands as America until Europe- mately half of the Indigenous popula- ment Act, P.L. 94-437, (IHCIA) was ans arrived and imposed this name. tion resides on or near federal “Indian” first enacted in 1976 as the next legal Indian, American Indian and Native reservations, while the remaining half provision of health care services to American are colonized and inaccurate reside in urban areas. Indigenous Peoples to address long- Not much is known about the health standing health care disparities. The Michael Yellow Bird (mybird@ circumstances of urban natives. One major aims of this legislation were to ku.edu) is a citizen of the Sahnish and major study completed by the Urban increase the number of health profes- Hidatsa Nations, Assoc. Prof. of In- Indian Health Commission in 2005 sionals serving Indigenous communi- digenous Nations Studies at the Univ. reported that cardiovascular diseases, ties; allow services to urban popula- of Kansas, and co-editor of For In- diabetes and depression afflict urban tions; remedy health facility problems; digenous Eyes Only: The Decol- Indigenous Peoples in disproportion- and to ensure access to other federal onization Handbook (Santa Fe: SAR ate numbers. health care such as Medicaid and Medi- Press, 2005). care. The IHCIA has been reautho- rized five times, adding a number of * I do not use the terms Indian, American Indian or Native American to describe the The Legal Basis for amendments each time. In the origi- Aboriginal Peoples of the United States. I only Indigenous Health Care nal findings of this legislation, the use them I am directly quoting another source U.S. Congress agreed that: I am citing. For reasons of clarity, accuracy and consistent with United Nations definitions, From 1778 to 1871, the Indigenous Federal health services to main- I prefer to use the term Indigenous Peoples. nations, of what is now referred to as tain and improve the health of the

14 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 Indians are consonant with and gripped lives of our friends, relatives reach medical services under difficult required by the Federal govern- and members of our tribes due to in- conditions, and the absence of ad- ment’s historical and unique le- sufficient health services. While many vanced, life-saving technologies also gal relationship with, and result- have been able to overcome challeng- produced a daily hardship for our res- ing responsibility to, the Ameri- ing health circumstances, many have ervation communities. While some can Indian people, . . . experienced more than their share of studies report that progress has been A major national goal of the difficulties in achieving and maintain- made to reduce or eliminate gaps in United States is to provide the ing a sufficient level of health. While Indigenous Peoples’ health, many quantity and quality of health communities and individuals continue services which will permit the health statistics show that various health status of Indians to be groups of Indigenous Peoples carry an to be confronted by many of the chal- raised to the highest possible enormous burden of illness, statistics lenges we faced more than two decades level and to encourage the maxi- rarely give true insights into the pain, ago. mum participation of Indians in hopelessness and distress that is felt and the planning and management of shared by those who live in this real- those services, . . . ity. The Facts The unmet health needs of the For many years, I witnessed the American Indian people are se- sorrow of death and the despair of dis- At present, there are numerous and vere and the health status of In- ability within my own tribal commu- appalling health disparities among In- dians is far below that of the gen- nity. Many needlessly succumbed to digenous Peoples that require imme- eral population of the United diate attention and resolution. A press States. release sent out on September 8, 2003 There exist widespread by the U.S. Department of Health and epidemics of depres- Another Reality Human Services titled, Eliminating sion, anxiety and other Health Disparities in the American Some progress has been made in mood disorders. Indian and Alaska Native Community, upgrading the health of Indigenous underscores this reality. The statement Peoples that can be attributed to the numerous preventable diseases such as reported that death rates, due to a num- actions of U.S. federal government. diabetes, alcoholism, suicide, homi- ber of specific illnesses and disorders, However, much remains to be done. cide, depression, obesity, substance were significantly higher for Indig- Despite the compelling and binding abuse, hypertension, heart disease and enous Peoples than for other Ameri- language in the IHCIA, the U.S. has cancer, to name a few. Because of the cans: rarely lived up to its promises to pro- significant loss of life among my tribe, vide sufficient, proper and necessary I’ve learned to appreciate the “Years • Alcoholism 770% higher health care to Indigenous communi- of Potential Life Lost” (YPLL) sta- • Tuberculosis 750% higher ties. Once the U.S. got all the lands tistical measure that is used to calcu- • Diabetes 420% higher and resources it needed from Indig- late the total number of years lost in a • Accidents 280% higher enous Peoples, it has maintained a community from premature death • Homicide 210% higher steady path of insufficient, marginally from a certain cause. While this com- • Suicide 190% higher effective assistance in raising the health putation yields important data, I be- status of Indigenous Peoples “to the lieve that the subsequent stress and In 1994, when I completed the writ- highest possible level.” This negli- grief that lingers among our commu- ing of my Ph.D. dissertation, The Use gence, self-serving behavior and dis- nities, due to high morbidity and mor- of Health Services by American Indi- honesty are transparent and have taken tality, is a major contributor to the ans on Federal Indian Lands, I referred an enormous toll on the health of our continuing poor health of Indigenous to several of these same mortality peoples. Peoples. health statistics to show the poor health The health of Indigenous Peoples When I was the health director for of Indigenous Peoples. The data that I seriously lags behind the rest of the my tribe more than 20 years ago, we reported came from 1987 statistics that U.S. population in several critical ar- faced many daunting challenges. were collected by the Indian Health eas. This is especially true for those Chronic illnesses and behavioral dis- Service: who reside on or near “Indian” reser- orders were widespread and, in many vations and depend on the U.S. fed- instances, deadly. Shortages in fund- • Tuberculosis 400% higher eral government to provide health ser- ing to deliver health services were com- • Alcoholism 322% higher vices to them through the Indian Health mon and often compromised the care • Diabetes 139% higher Service. Indeed, for many of us who of many of our most vulnerable citi- • Accidents 139% higher grew up on our reservations, we have zens. The lack of competent medical • Homicide 64% higher had an up-close view of the struggles, personnel, substandard health care fa- • Suicide 28% higher hardships and suffering that have cilities, traveling long distances to (Please turn to page 16)

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 15 (HEALTH: Continued from page 15) ber of disparities within the Indigenous sive alcohol consumption figured in 27 population: of every 100,000 deaths. The leading In 2002, the National Center for causes cited in alcohol-related deaths Health Statistics reported that Indig- • Rates of substance dependence and among Native Americans: enous Peoples have higher mortality abuse among persons age 12 and rates than whites in all age categories older is highest among American • Motor vehicle crashes — 27.5%. up to age 64. The largest gap is in the Indians and Alaska Natives • Liver disease — 25.2%. 25-44 years age category: There are (14.1%). • Alcohol dependence — 6.8%. 227.4 deaths among Indigenous People • Rates of illicit drug use (10.1%), • Homicide — 6.6%. per 100,000, versus 141.7 for whites alcohol (44.7%). • Liver cirrhosis — 6.2%. —a 62% higher rate of death. How- • Binge alcohol use (27.9%) is among • Suicide — 5.2%. ever, in certain geographical areas, life the highest in the nation. expectancy for Indigenous men is dis- Among different age groups and mal. In an investigation of mortality Death due to alcohol abuse among tribal communities, there exist wide- disparities by race and counties in the Indigenous Peoples is overwhelming. spread epidemics of depression, anxi- United States covering the period 1982 Examining death certificates from 2001 ety and other mood disorders. Psy- -2001, Christopher J.L. Murray found chologists refer to depression as a that the lowest life expectancy for men Type 2 diabetes among whole body illness. It causes intense in the United States was in South Da- Indigenous children and emotional pain, helplessness, hopeless- kota counties that had large popula- ness, loss of sleep and interest in life. tions of Indigenous Peoples. Those liv- young adults is 2.6 It is strongly associated with suicide, ing in these areas “can expect to live times the national thoughts of death, and chronic fatigue, 66.6 years, well short of the 79 years average. sadness and negative emotions. In a for low-income rural white people in 2005 report titled, Invisible Tribes: the Northern Plains.” Focusing only to 2005, the Centers for Disease Con- Urban Indians and their Health in a on Indigenous men in these counties, trol and Prevention released a report Changing World, it was reported that life expectancy plummets to 58 years. on August 28, 2008 that found the rate depression afflicts Indigenous Peoples There are lapses and severely inad- of alcohol-related deaths among Indig- in disproportionate numbers. About equate levels of funding to pay for the enous Peoples was close to four times 30% of this population suffers with health needs of Indigenous Peoples. higher than that of the overall U.S. depression. Those most affected live For instance, a 2003 study by the U.S. population. During this period, 11.7% in cities. In a national study titled, Commission on Civil Rights, titled A of deaths, or 1,514 deaths, were alco- Prevalence of depression among U.S. Quiet Crisis, found that “The unmet hol-related, compared with 3.3% for adults with diabetes: findings from the health care needs of Native Americans the U.S. as a whole. The findings 2006 behavioral risk factor surveil- remain among the most severe of any showed that 68% of the deaths were lance system, which examined depres- group in the United States. Despite men and 66%were younger than 50 sion and diabetes, Indigenous Peoples their need for health care and although years old, and 7% were less than 20 were identified as the ethnic group there are designated health services, years old. having the highest prevalence rates of the monetary value of Native Ameri- The fact that two-thirds of the deaths depression (27.8%). can care is significantly less than the involve people younger than age 50 is Of course, diabetes presents a ma- average health expenditure for all very troubling. Many in this group jor problem for many communities. Americans. The federal government’s represent the next generation of elders On a personal level, I know the dis- rate of spending on health care for that will not be lending their knowl- ease quite well. Of my 11 brothers and Native Americans is 50% less than for edge, presence and experience to those 4 sisters in my family, only 5 of us prisoners or Medicaid recipients, and younger age groups who might have are not burdened by this illness. My 60% less than is spent annually on depended on them for learning their father died from diabetes-related com- health care for the average American. tribal language, culture and critical plications, and my mother has lived IHS’ real spending per Native Ameri- aspects of traditional leadership. The with it for nearly 40 years. Numer- can, after adjusting for inflation and fact that such a large number are men ous studies show that Indigenous population growth, has fallen over means that many children will grow Peoples have the highest prevalence of time, despite funding increases.” up without fathers, uncles, brothers type 2 diabetes in the world. The inci- There are very troubling epidemics and grandfathers who, in most tribal dence of type 2 diabetes is rising faster of substance abuse and dependence communities, serve as important sup- among Indigenous children and young among Indigenous Peoples. On Sep- ports and mentors. adults than in any other ethnic popu- tember 8, 2003, the U.S. Department For every 100,000 American Indian lation, 2.6 times the national average. of Health and Human Services issued deaths, 55 involved excessive alcohol In a report titled, The Diabetes Epi- a press release that identified a num- use. In the general population, exces- demic Among American Indians and

16 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 Alaska Natives, the National Diabetes • 12,465 fewer patients receiving shuttles out the failed policies of the Education Program, National Insti- dental services Bush Administration, let’s demand that tutes of Health, U.S. Department of • 1,500 fewer patients receiving the next Congress and occupant of the Health and Human Services, reports mammogram screenings White House will honor the obliga- that about 16.5% of American Indi- • 3,000 fewer patients receiving can- tions that this nation has to the health ans and Alaska Natives age 20 years cer screenings of Indigenous Peoples. ❏ and older who are served by the In- dian Health Service have diagnosed Despite numerous health disparities diabetes. faced by Indigenous Peoples and a le- Resources gal responsibility agreed to by the United States to meet the health care A Quiet Crisis: Federal Funding What is the Future of and Unmet Needs in Indian Coun- needs of these groups, the funding that try: http://www.usccr.gov/pubs/ Indigenous Health? has been provided to the Indian Health na0703/na0731.pdf Service has never been adequate. Ser- On March 12, 2008, a U.S. House vices are fragmented and mediocre; Christopher J.L. Murray, et al., of Representative subcommittee held medical personnel are in short supply; “Eight Americas: Investigating Mortality Disparities across Races, a hearing on President Bush’s pro- facilities are outdated; technology and Counties, and Race-Counties in posed 2009 Indian Health Service bud- the United States,” PLoS Medi- get, which presented a $21 million President Bush’s 2009 cine, Vol. 3, No. 9 (September decrease from the 2008 budget. The proposed 2009 Indian 2006). chairman of the committee, Rep. Health Service budget Norm Dicks (D-WA), met with 30 Indian Health Service: http://www. was a $21 million de- ihs.gov/ tribal representatives who expressed crease from the 2008 concern over the budget proposal. National Congress of American In- Chairman Dicks quoted the Governor budget. dians: http://www.ncai.org/Home. of the Pueblo of Acoma, Chandler 9.0.html Sanchez, stating that, “The Indian research are limited; and the patients Electronic Code of Federal Regu- Health Service is dying a slow death who use this system have substantial lations: http://ecfr.gpoaccess.gov/ from a 1,000 budget cuts.” During the needs, often beyond the capacity of the cgi/t/text/text-idx?c=ecfr&rgn hearing, IHS Acting Director Robert health care system. Long ago, Indig- =div6&view=text&node=42:1. McSwain acknowledged that the Bush enous nations exchanged their lands, 0.1.13.82.1&idno=42 cuts would severely restrict the freedom and resources for federal American Indian Health: http:// agency’s ability to meet the needs of promises of providing for the health americanindianhealth.nlm.nih.gov/ of the people. However, the United many of its patients and would result PRRAC, Organizing to Address in: States has insufficiently delivered on Minority Health Disparities: A its promise. As a result, the health of Directory of State and Local Ini- • 218,000 fewer outpatient visits Indigenous Peoples has suffered, es- tiatives (2008 Edition), available • 9,000 fewer patients receiving ser- pecially when compared to the rest of at www.prrac.org vices from diabetes programs America. As the November election American Indian Boarding Schools

The following is a Feb. 2008 Shadow Report (lightly edited) submitted as a Response to the Periodic Report of the United States to the United Nations Committee on the Elimination of Racial Discrimination. The full Report can be found at http://www.ushrnetwork.org/files/ushrn/images/linkfiles/CERD/5B_American%20Indian%20Boarding%20Schools.pdf. See also the 2-part NPR series, May 12, 2008 (“American Indian School a Far Cry from the Past”) & May 13, 2008 (“American Indian Boarding Schools Haunt Many”). See also “On the Reservation and Off, Schools See a Changing Tide,” New York Times, May 25, 2008.

Brief History as a matter of state policy. This sys- concluded that such practices should tem had its beginnings in the 1600’s be targeted towards children, because During the 19th century and into when John Eliot erected praying towns they believed adults were too set in the 20th century, American Indian for American Indians, where he sepa- their ways to become Christianized. children were forcibly abducted from rated them out from their communi- Jesuit priests began developing schools their homes to attend Christian and ties to receive Christian civilizing in- for Indian children along the St. U.S. government-run boarding schools struction. However, colonists soon (Please turn to page 18)

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 17 (SCHOOLS: Continued from page 17) Commissioner of Indian Affairs] con- have occurred and continue to occur cluded that it would cost a million in these schools. The U.S. has pro- Lawrence River in the 1600’s. dollars to kill an Indian in warfare, vided no recompense for victims of However, the boarding school sys- whereas it cost only $1,200 to school boarding schools, nor have they at- tem became more formalized under the an Indian child for eight years. Secre- tended to the continuing effects of Grants Peace Policy of 1869/1870. tary of the Interior Henry Teller ar- human rights violations. The Board- The goal of this policy was to turn over gued that it would cost $22 million to ing School Healing Project (303/513- the administration of Indian reserva- wage war against Indians over a ten- 5922, 605/200-0164) has begun docu- tions to Christian denominations. As year period, but would cost less than a menting some of these abuses in South part of this policy, Congress set aside quarter of that amount to educate Dakota. Below are some of the viola- funds to erect school facilities to be 30,000 children for a year. Conse- tions that have targeted American In- run by churches and missionary soci- quently, administrators of these schools dians, constituting racial discrimina- eties. These facilities were a combi- ran them as inexpensively as possible. tion: nation of day and boarding schools Children were given inadequate food Religious/Cultural Suppression: erected on Indian reservations. and medical care, and were over- [Because] Native children were gen- Then, in 1879, the first off-reser- crowded in these schools. As a result, erally not allowed to speak their Na- vation boarding school, Carlisle, was children routinely died in mass num- tive languages or practice their spiri- founded by Richard Pratt. He argued bers of starvation and disease. In ad- tual traditions,…many Native peoples that as long as boarding schools were dition, children were often forced to can no longer speak their Native lan- primarily situated on reservations: 1) do grueling work in order to raise mon- guages. Survivors widely report be- It was too easy for children to run away ies for the schools and salaries for the ing punished severely if they spoke from school; and 2) The efforts to as- teachers and administrators. Over- Native languages. However, the U.S. similate Indian children into boarding crowding within schools contributed has grossly underfunded language re- schools would be reversed when chil- to widespread disease and death. vitalization programs. dren went back home to their families Attendance at these boarding schools Because boarding schools were run during the summer. He proposed a was mandatory, and children were cheaply, children generally received policy where children would be taken forcibly taken from their homes for inadequate food. Survivors testify that far from their homes at an early age the majority of the year. They were the best food was saved for school ad- and not returned to their homes until forced to worship as Christians and ministrators and teachers. they were young adults. By 1909, there speak English (native traditions and [And] according to one former BIA were 25 off-reservation boarding languages were prohibited). Sexual/ school administrator in Arizona: “I schools, 157 on-reservation boarding physical/emotional violence was ram- will say this. . . [C]hild molestation schools, and 307 day schools in op- pant. While not all Native peoples see at BIA schools is a dirty little secret eration. The stated rationale of the their boarding school experiences as and has been for years. I can’t speak policy was to “Kill the Indian and save negative, it is generally the case that for other reservations, but I have talked the man.” Children in these schools much if not most of the current to a lot of other BIA administrators were not allowed to speak Native lan- dysfunctionality in Native communi- who make the same kind of charges.” guages or practice Native traditions…. ties can be traced to the boarding school Despite the epidemic of sexual abuse [The goal of the program was to] era. in boarding schools, the Bureau of [s]eparate children from their parents, Today, most of the schools have Indian affairs did not issue a policy on inculcate Christianity and white cul- closed down. Nevertheless, some reporting sexual abuse until 1987, and tural values into them, and encourage/ boarding schools still remain. While did not issue a policy to strengthen the force them to assimilate into the domi- the same level of abuse has not con- background checks of potential teach- nant society. Of course, because of the tinued, there are still continuing ers until 1989. The Indian Child Pro- racism in the U.S., Native peoples charges of physical and sexual abuses tection Act in 1990 was passed to pro- could never really assimilate into the in currently operating schools. Be- vide a registry for sexual offenders in dominant society. Hence, the conse- cause these schools target American Indian country, mandate a reporting quence of this policy was to assimilate Indians specifically, they are in viola- system, provide rigid guidelines for them into the bottom of the socio-eco- tion of CERD. BIA and HIS [Indian Health Services] nomic ladder of the larger society. For for doing background checks on pro- the most part, schools primarily pre- spective employees, and provide edu- pared Native boys for manual labor or The Continuing Effects cation to parents, school officials and farming and Native girls for domestic of Human Rights law enforcement on how to recognize work. Violations sexual abuse. However, this law was The rationale for choosing cultural never sufficiently funded or imple- rather than physical genocide was of- Human Rights Violations: A mented, and child sexual abuse rates ten economic. Carl Schurz [a former number of human rights violations are dramatically increasing in Indian

18 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 country while they are remaining stable for the general population. Native Americans and Juvenile Sexual predators know they can abuse Justice: A Hidden Tragedy Indian children with impunity…. As a result of all this abuse, Native by Terry L. Cross communities now are suffering the continuing effects through increased n the United States in 2008, there plied to Indian youth, who have no physical and sexual violence that was I are more than 560 federally-recognized recourse, no alternatives and few ad- largely absent prior to colonization. American Indian tribes comprising an vocates. However, the U.S. fails to redress American Indian/Alaska Native (AI/ In 2003, litigation over conditions these effects by not providing adequate AN) population of approximately 4 in a South Dakota state training school healing services for boarding school million individuals. About half this revealed horrible abuses in the use of survivors. population lives on reservations, and restraints and isolation, yet little in the Forced Labor: Children were also the others live off-reservation, prima- way of education or mental health ser- involuntarily leased out to white homes rily in urban communities. The AI/ vices. Findings also showed that Na- as menial labor during the summers AN population is young: 42%—almost tive youth were significantly over-rep- rather than sent back to their homes. 2 million—are under 19 years of age. resented in the lockdown unit and thus In addition, they had to do hard labor Twenty percent (800,000) are at risk— subject to the worst abuses. For ex- for the schools, often forced to do very 60,000 suffer abuse or neglect each ample, one young girl from the Pine dangerous chores. Some survivors re- year. According to the Youth Violence port children being killed because they Research Bulletin, the suicide rate for American Indian youth were forced to operate dangerous ma- American Indian juveniles (57 per 1 chinery. Children were never compen- are grossly over- million) was almost twice the rate for sated for their labor. represented in state white juveniles and the highest for any Deaths in Schools: Thousands of and federal juvenile race. In addition, 200,000 are believed children have died in these schools, to suffer from serious emotional dis- justice systems. through beatings, medical neglect and turbances. malnutrition. The cemetery at Haskell American Indian youth are grossly Ridge Reservation had been held in a Indian School alone has 102 student over-represented in state and federal secure unit within the facility for al- graves, and at least 500 students died juvenile justice systems and secure con- most two years, during which time she and were buried elsewhere. These finement. Incarcerated Indian youth was placed in four-point restraints deaths continue today. On December are much more likely to be subjected while spread-eagled on a cement slab 6, 2004, Cindy Sohappy was found to the harshest treatment in the most for hours at a time, kept in isolation dead in a holding cell in Chemawa restrictive environments and less likely for days and even weeks, and pepper- Boarding School (Oregon), where she to have received the help they need sprayed numerous times. This young had been placed after she became in- from other systems. AI/AN youth are girl, like many of the females confined toxicated. She was supposed to be 50% more likely than whites to receive at the facility, suffered from signifi- checked every fifteen minutes, but no the most punitive measures. Pepper cant mental health and substance abuse one checked on her for over three spray, restraint and isolation appear to issues. Due to the lack of appropriate hours. At the point, she was found not be grossly and disproportionately ap- mental health treatment and the harsh breathing, and declared dead a few conditions in the facility, she resorted minutes later. The U.S. Attorney de- to self-harming behavior as a way to clined to charge the staff with invol- Terry L. Cross ([email protected]), draw attention to herself, and like untary manslaughter. Sohappy’s an enrolled member of the Seneca Na- many of the other girls now has scars mother is planning to sue the school. tion of Indians, is the developer, up and down her arms from cutting A videotape showed that no one founder and Executive Director of the herself. Finally, the facility also insti- checked on her when she started con- National Indian Child Welfare Asso- tuted a rule that penalized Native vulsing or stopped moving. The school ciation. He is the author of the Heri- youth for speaking in their Native lan- has been warned for past fifteen years tage and Helping, Positive Indian guage, and several were placed on from federal health officials in Indian Parenting, and Cross-Cultural Skills lockdown status for speaking Lakota Health Services about the dangers of in Indian Child Welfare (published by to each other. holding cells, but these warnings were the NICWA). He also co-authored There is a growing awareness that ignored. Particularly troubling was that “Toward a Culturally Competent Sys- many tribes’ children and youth are she and other young women who had tem of Care” (published by George- being taken outside the care, custody histories of sexual assault, abuse and town Univ. Child Development Cen- and control of their families, commu- suicide attempts were put in these cells ter) and “Reclaiming Customary of solitary confinement. ❏ Adoption” (published by NICWA). (Please turn to page 20)

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 19 (JUVENILE JUSTICE: Cont. from page 19) bad seeing people drinking and group of American Indians experi- dying… I blaze home to Brown- enced the highest per capita rate of nities and tribal government, and that ing for a funeral every other violence of any racial group con- many are suffering from extreme month.” (2003 NICWA youth sidered by age—about 1 violent focus group) physical, mental and emotional abuse crime for every 4 persons of this in the process. Participants felt that the kids who age.” most needed help, the kids who made bad choices already (“bad • Native American youth represent Exploratory Qualitative kids”), were likely to be left out. 1% of the U.S. population, yet they Research Results One participant succinctly cap- constitute 2-3% of the youth ar- tured the essence of this concern: rested for such offenses as larceny- “Yeah, half the people have theft and liquor law violations. Beginning in 2003, the National In- problems from the life they dian Child Welfare Association chose, but what challenges you • In 26 states, Native American youth (NICWA) has conducted exploratory to change if no one gives you a are disproportionately placed in se- research to identify and highlight the chance?” (2003 NICWA youth cure confinement in comparison to focus group) issues of American Indian children and their population. For example, in youth with regard to juvenile rights and “Children are often taken out of four states (South Dakota, Alaska, the community and offered non- North Dakota, Montana), Native justice. What we have learned can be culturally-specific/relevant ser- youth account for anywhere from best summarized in the words of some vices as individuals (not services of the focus group participants: 29-42% of youth in secure confinement. “[American Indian]… youth are Many tribes’ children ending up in adult facilities be- and youth are taken • Nationwide, the average rate of new cause there are no separate facili- commitments to adult state prison ties for young people in some outside the care, custody and control for Native American youth is almost communities, despite laws forbid- twice (1.84 times) that of White ding contact between minors and of their families, adults in correction facilities;… youth. In the states with enough sometimes even parents are not communities and tribal Native Americans to facilitate com- notified when young people are government. parisons, Native American youth taken into custody.” (2002 were committed to adult prison NICWA leader focus group) from 1.3 to 18.1 times the rate of in conjunction with their family) “Indian status offenders are of- even when tribal services are Whites. ten treated as if they were vio- available.” (2003 NICWA pro- • Of the youth in custody of the Fed- lent offenders;… a young woman vider focus group) (under 16 years of age) was eral Bureau of Prisons, 79% were charged with fourth degree as- Native American as of October sault for spitting on a nurse.” Disparate Rates and At- 2000—an increase of 50% since (2002 NICWA provider focus 1994. group) risk Youth: Sparse Data • Alcohol-related deaths among Na- “State and county workers act In addition to qualitative research, tive Americans ages 15-24 are 17 discriminatorily to both tribal social service workers and young NICWA has also conducted reviews of times higher than the national av- Indian clients.” (2002 NICWA the literature to determine the level of erages. The suicide rate for Native provider focus group) attention these issues are receiving in American youth is three times the research and in the literature. Sparse national average. Forty-four percent “Children are often placed in correctional facilities for inap- data exist, but the data that are avail- of all American Indian students propriate reasons (truancy, par- able point to a serious problem that is drop out of high school, more than ents’ behavior and overdoses).” not currently being addressed. any other group in the country – (2003 NICWA provider focus the rate varies between 25% and • The Bureau of Justice Statistics pub- group) 93%, depending on region. lication, American Indian Crime, “I’m proud and sad to be Indian reported: “On a given day, 1 in 25 at the same time… It feels really American Indians age 18 or older Federal Mandates We are grateful to Sarah is under the jurisdiction of the Hicks and Peter Morris of the criminal justice system—2.4 times The Juvenile Justice Delinquency National Congress of American the per capita rate of Whites …,” Prevention Act (JJDPA) of 1974 was Indians for their assistance in and that “Nearly a third of all amended in 1989 to include a provi- American Indian victims of violence sion addressing the needs of federally- putting this issue together. are between ages 18 and 24. This recognized Indian tribes. The JJDPA

20 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 stipulates that states in their three-year tice system (demographics, nature of and services? In what ways are they plans must include the juvenile justice offenses, victims of abuse and neglect, involved with tribal youth in the cus- needs of Indian tribes. drug and alcohol involvement, gang tody of the state or the Federal Bureau States with a minority representing membership, emotional problems, risk of Prisons? 1% or more in the general population of suicide, educational attainment and are required by the Act to have a Dis- special needs, degree to which youth proportionate Minority Contact experienced detention, etc.)? Recommendations (DMC) plan that addressed the issues, How many American Indian youth concerns and problems of their over- are held in: (a) adult jails, (b) juve- The NICWA Board of Directors representation. More proactive alter- nile detention facilities, (c) juvenile identified the issue of juvenile rights natives to the use of secure confine- commitment facilities or training as an area of concern in 2002, when it ment for the Native youth are needed, schools, and (d) adult prisons? Are became apparent that Indian children and collaborative relations between American Indian youth over-repre- and youth were being maltreated in ju- Indian tribes and states could be sented at each stage of the justice sys- venile detention facilities and that strengthened. Our efforts and findings tem: arrest, detention, transfer to adult many of the youth being confined in are intended to assist states in their stra- court, adjudication, disposition, and those facilities were there, not because tegic planning to reduce Native over- incarceration in juvenile or adult fa- they committed a crime, but because representation and disparate treatment. cilities? there were not appropriate mental Native American youth who have health or child welfare resources avail- committed one of 16 major federal Too much is unknown able to meet their needs. Through our crimes on Indian lands with exclusive about American Indian examination of these issues over a five- federal jurisdiction are prosecuted by year period, we arrived at several rec- children and youth and ommendations. the U.S. Attorney’s Office. Of all the juvenile justice youth in the nation who are prosecuted It is recommended that the Depart- federally, 32% are placed in a secure system. ment of Justice (DOJ) or private facility for juvenile offenders, and funders conduct or sponsor formative 74% of these are Native American. As What is the experience of Ameri- research in states that are known to have there are no federal correctional facili- can Indian youth in the juvenile jus- particularly high levels of over-repre- ties nationwide specifically for juve- tice system? Are their special needs sentation or have documented harsh nile offenders, the Federal Bureau of being met? Are they treated differently treatment of Indian youth in juvenile Prisons contracts beds in state or pri- than other youth? justice systems or juvenile facilities and vate facilities for these youth in their What is the experience of the par- that have already begun to engage in custody. Such facilities must be within ents of American Indian youth in the some dialogue with tribes to explore proximity to the youths’ homes and juvenile justice system? In what ways solutions. Such formative research have culturally appropriate services. are they involved? should address the following questions: • What is the nature and character of current juvenile justice systems and What We Do Not Know: About the Systems What is the nature and character of services that serve American Indian Key Elements current juvenile justice systems and youth and families? services that serve American Indian • To what degree are there data, re- Unfortunately, there is too much youth and families? Are there cultur- search or literature regarding that is unknown about American In- ally authentic support, treatment and American Indian youth in the juve- dian children and youth and the juve- rehabilitation services? What are the nile justice system? nile justice system. Without reliable current recidivism rates of Native • To what degree does an advocacy knowledge, attempts at mobilizing youth? movement, network or voice exist advocacy efforts have gone without To what degree are juvenile justice for American Indian youth in the funding and have failed to gain trac- interventions being used in lieu of juvenile justice system? tion. Research is needed to raise aware- mental health, child welfare and edu- • To what degree are tribal govern- ness of the issues and to justify the need cational services that are unavailable? ment officials having influence in for funding to begin to address the is- Are tribal religious leaders and Na- the treatment, rehabilitation and dis- sues. Things that we do not know and tive healers gaining frequent access to position regarding their tribal mem- research must address include the fol- juvenile correctional facilities to work bers in state or federal juvenile jus- lowing: with and counsel Native youth? Are tice systems and facilities? tribal religions and ceremonial prac- It is further recommended that DOJ About the Youth tices included in these facilities? engage leaders in planning for strate- What is the true nature and charac- What is the nature and character of gic activities that will lead to clear iden- ter of Indian youth in the juvenile jus- current tribal juvenile justice systems (Please turn to page 22)

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 21 (JUVENILE JUSTICE: Cont. from page 21) Resources tification of related problems in Na- Child Welfare League of America. (CWLA). (2001). Child abuse and neglect: A look tive communities, including what at the states. 1999 CWLA Stat Book. Washington, DC: CWLA Press. might be effective alternatives and Cross, Terry. L., Earle, Kathleen A., & Simmons, David. (2000) Child abuse and neglect in Indian country: Policy issues. Families in Society, 81, 49-58. strategies to address the problems. Fi- Earle, Kathleen A., & Cross, Amanda. (2001). Child abuse and neglect among Ameri- nally, it is recommended that the Ju- can Indian/Alaska Native children: An analysis of existing data. Seattle: Casey venile Justice and Delinquency Preven- Family Programs. tion Act be amended to ensure the Federal Bureau of Prisons. (2003). (http://www.bop.gov/inmate_programs/ rights of tribal youth and to begin to juveniles.jsp) Goodluck, Charlotte.T., & Willeto, Angela A.A. (2001). Native American Kids 2001: provide resources to correct this hid- Indian children’s well-being indicators data book. Seattle: Casey Family Programs den problem. and Flagstaff, AZ: Northern Arizona University. Guilfoyle, Michael. (2003). No Justice: Native Youth in the Juvenile Justice System, Conference Presentation at the National American Indian Conference on Child Abuse Conclusion and Neglect, Portland, Oregon, National Indian Child Welfare Association. National Council on Crime and Delinquency (NCCD) (2008), Native American Youth and the Juvenile Justice System, FOCUS: Views from the National Council on Currently, Indian children and Crime and Delinquency, accessed September 4, 2008 at youth who are identified as delinquent http://www.nccd-crc.org/nccd/pubs/2008_Focus_NativeAmerican.pdf have few protections and even fewer Snyder, H. N., & Swahn, M. H. (2004, March). Juvenile Suicides, 1981–1998 Youth advocates. Parents of these children Violence Research Bulletin. Available online at http://ncjrs.org/html/ojjdp/196978/ contents.html. who are served in this system often U.S. Department of the Interior, Bureau of Indian Affairs (1997). Indian Service experience a sense of powerlessness Population and Labor Force Estimates. Washington, DC: U.S. Department of and report being discriminated against. Interior. Tribes that might be resources for posi- U.S. Department of Justice. (1999). American Indians and Crime. Washington, DC: tive change are without resources or U.S. Department of Justice. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and the right to intervene on their citizens’ Delinquency Prevention. (2000). Juvenile Justice Journal (American Indian Issue), behalf. This article is a call to action 7(2). aimed at stimulating dialogue about this Youth Law Center. (2003). No justice: Native youth in the juvenile justice system. little-discussed topic. ❏ Conference presentation handout at the National American Indian Conference on Child Abuse and Neglect. Portland, Oregon, National Indian Child Welfare Asso- ciation.

PRRAC Researcher Report Sentencing Enhancement Zones Fail to Protect Children, Do Increase Racial Disparities in Prison by Aleks Kajstura and Peter Wagner

Most states give longer mandatory tivity away from schools, the laws have N. Cardozo School of Law—examined sentences to Black and Latino drug de- created a two-tier system of justice: the sentencing enhancement law in fendants under flawed statutes that pun- one for dense urban areas where Hampden County, located in Western ish people based not on the offense schools are everywhere and another for Massachusetts. We were able to show committed but on where they live. rural and suburban areas, where that setting sentence lengths on where Originally intended to move drug ac- schools are relatively few and far be- an offense was committed doesn’t stop tween. drugs, can’t ever stop drugs and has Aleks Kajstura has been a Prison A new report by the Prison Policy racially discriminatory effects. Policy Initiative volunteer since 2003 Initiative, The Geography of Punish- These laws, sometimes called and is a 2008 graduate of the Ben- ment: How Huge Sentencing Enhance- “school zones” or “drug-free zones,” jamin N. Cardozo School of Law. ment Zones Harm Communities, Fail vary from state to state, but the spe- Peter Wagner (pwagner@prison to Protect Children—supported by a cifics of the Massachusetts statute are policy.org) is Executive Director of the PRRAC research/advocacy grant and common, creating a mandatory sen- Prison Policy Initiative. a summer stipend through the Benjamin tence of at least two years for certain

22 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 offenses that occur within 1,000 feet blanketing urban areas in overlapping sible to determine where they start and of a school and 100 feet of a park. enhancement zones makes Black, end, and therefore they do not work States began passing these laws in the Latino, urban and poor people dispro- to move dangerous activities away late 1980s, intending them to work as portionately eligible for the enhanced from children. a geographic deterrent, identifying sentence, compared to White, rural and specific areas where children gather suburban populations. This disparity Recommendations and using the threat of an enhanced is not warranted by drug usage rates penalty to drive drug offenders else- among children, which are similar The report offers three suggestions where. However, the law does not across all of these populations. to improve the law’s ability to protect require that the defendant be aware of Twenty-nine percent of the Whites in children from the drug trade and re- the zone, and applies regardless of Hampden County live in zones, but duce its disproportionate effect on ur- proximity to the protected location, 52% of the Blacks and Latinos do. ban, Black, Latino and poor popula- whether school is in session and Latinos are more than twice as likely tions. whether children are present. as Whites to live in a zone. As a re- First, the statute could be amended Previous research has shown that sult, almost 8 out of 10 people con- to exempt circumstances where chil- zone laws fail to move drug dealers victed of zone offenses are Black or dren are not present or endangered, away from schools, and suggested that Latino. Residents of urban areas are such as drug sales that take place in extensive drug-free zones result in five times more likely to live in a zone private dwellings, conducted in the harsher sentences for Black and Latino than those in rural areas. absence of children. defendants because they tend to live The legislature wanted to protect Second, the state could repeal the in dense cities blanketed by overlap- children, but choosing an expansive school zone law and enforce existing ping zones. Our report is the first to distance of 1,000 feet ensured that the laws that explicitly address the goal of quantify the effect of zone laws on law could not operate as intended to the zone statute: selling drugs to chil- Black and Latino populations, and the relocate drug offenses away from dren or involving them in the drug first to offer comparisons between ur- schools. Drug offenses are already trade. ban and rural areas. The report also criminal; the legislature’s separate in- The third option, and the politically directly examined whether the Massa- tent to protect children is evidenced most expedient to implement, is to chusetts legislature was right to assume by this separate penalty. Counter-in- reduce the zones to 100 feet around that 1,000 feet was an appropriate dis- tuitively, by choosing a large distance schools in order to match the distance tance for a geographically-based de- that leaves no place for the offense to already designated for parks and re- terrent. relocate to, the legislature afforded less quire that the property line of desig- protection to children. nated areas be marked. Project Findings A law aimed at reducing children’s A smaller, marked distance would exposure to drugs should punish those be easier for people to see, and be- We set out to answer two questions. specific crimes, not generalize about cause it would apply to only a small First, does Massachusetts’ drug-free the nature of the activity within a huge portion of urban areas it would more zone law punish certain populations area. Though the sentencing enhance- effectively shift drug activity away more harshly because of where they ment zone statute was written for an from schools and parks. Our report live? Secondly, is 1,000 feet a logical important purpose, its fundamental found that smaller zones would also or effective distance for a geography- flaws ensure its complete ineffective- drastically reduce the current law’s dis- based sentencing enhancement? ness as a deterrent. In addition, it does parity in sentencing. We chose to focus on Hampden insidious and devastating harm to ur- The Republican (Springfield, MA) County, which contains both cities and ban, minority and poor populations. newspaper gave our report front-page very rural towns. Hampden County We determined that the zones are coverage. Reflecting the changing po- is twice as likely to charge its citizens too large for someone to reliably esti- litical tide, the article included sup- with drug offenses as the state as a mate and avoid. Deterrence works portive quotes from local officials who whole, and uses the zone law more than when there is a specific harsh conse- have historically been opponents of any other Massachusetts county. As a quence to a limited activity. Deter- criminal justice reform. Interest in re- percentage of its total population, rence-based laws fail to work where form is growing statewide. The Mas- Hampden has the second largest mi- there is no incentive to alter one’s ac- sachusetts Joint Committee on the Ju- nority population in Massachusetts, tions. To create a safety zone around diciary recently introduced a bill in the after Suffolk County (Boston). The schools, the area to be protected needs House that would, among other county’s internal diversity and fre- to be small enough that a person choos- changes, reduce the zones to 100 feet. quent use of the zone law made it an ing to engage in prohibited activities Although the legislative session ended ideal place to study the geographical can choose to go elsewhere to avoid before action on the bill was taken, make-up of these zones. higher penalties. This law creates the stage is set for more organizing and In Hampden County, we found that zones that are so big that it is impos- further progress in the near future. ❏

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 23 The lead article in our Jan./Feb. 2006 P&R was “Truth and Reconciliation in Greensboro, North Carolina: A Para- digm for Social Transformation,” by Marty Nathan and Signe Waller, followed by a short update in our May/June 2006 issue. While down in Greensboro in mid-September to speak at a HUD housing conference, I took the opportunity to meet with Signe Waller and attended the weekly Beloved Community meeting at a local church. It seemed appropriate to report on the project’s progress, which I’ve ask Ms. Waller (now Ms. Waller Foxworth) to do. Another side-trip while in Greensboro was a tour of the under-construction International Civil Rights Center and Museum—in the very Woolworth’s that was the site of the February 1960 sit-in by four No. Carolina A&T freshmen that triggered such a wave of exciting and effective civil rights activities. The ICRCM is scheduled to open in February 2010, on the 50th anniversary of the sit-in. It is a huge (and expensive) undertaking—physically and politically. Further information (or to make a contribution), contact the project’s Executive Director Amelia Parker, 800/748-7116, [email protected]—CH Greensboro’s Radical Experiment in Democracy by Signe Waller Foxworth

“Now comes the hard part, tak- causes, sequence and consequence of of community marches and petitions ing this beautiful body of work out into the events of November 3, 1979,” in in a highly charged political climate the community,” a local supporter of Greensboro, North Carolina, pre- that included constant governmental the Greensboro Truth and Community sented its lengthy final report to city repression and police surveillance and Reconciliation Project (the Project) residents on May 25, 2006. A radical harassment of those who stood with told a reporter. The comment was experiment in community-building the victims, the injured and widowed made after the country’s first Truth and and genuine democracy is taking place survivors of Nov. 3, 1979 realized an Reconciliation Commission, charged in this mid-sized Southern city. What unprecedented, though only partial, with an “examination of the context, has been accomplished thus far has victory in civil litigation. Several Klan members, Nazis and Greensboro po- The Greensboro truth lice officers were found jointly liable Signe Waller Foxworth (signewaller process was grassroots- for one of the deaths. @earthlink.net) is a survivor and The City of Greensboro paid a widow of the Nov. 3, 1979 Klan-Nazi driven. $351,000 settlement—for the Klan and attack; a member of the Greensboro Nazis, as well as the police—to survi- Truth and Community Reconciliation inspired many people in the United vors of the tragedy, but has failed, as Project’s Local Task Force; and au- States and around the globe. yet, to acknowledge any responsibil- thor of Love and Revolution: A Po- ity whatsoever, much less its complicit litical Memoir: People’s History of the and dishonest actions in the affair. A Greensboro Massacre, Its Setting and The Background few thousand dollars was assessed Aftermath (Rowman & Littlefield, against the Klan and Nazis for assault- 2002). The Greensboro Truth and Recon- ing and injuring some demonstrators, The Greensboro TRC’s Final Re- ciliation Commission (Greensboro but they never paid and there was no port and the Executive Summary are TRC) examined events connected to further litigation. Until the release of online at www.greensborotrc.org. The the Greensboro Massacre. On Novem- the Greensboro TRC report, there was Beloved Community Center may also ber 3, 1979, while assembling for an no comprehensive and coherent pub- have some hard copies of the anti-Klan parade, five labor leaders lic account of this civil atrocity. The Commission’s Final Report available and community activists were murdered official narrative proffered by the city for sale – 336/230-0001, josephf@ and ten wounded by Klansmen and and the media was (and remains) sig- belovedcommunitycenter.org. The American Nazis. Killed were four nificantly flawed: It scapegoated the Project’s website, www.gtcrp.org, white men (two of them Jewish, one victims of the tragedy and ignored or offers access to all the Project’s defin- Latino) and an African-American downplayed factual evidence that ing documents as well as several aca- woman. The black community in clearly pointed to police and govern- demic study plans that have been used which this terrorist assault took place mental collusion with the assailants. locally. The documentary film Voices was paralyzed with fear. Four televi- The Commission’s report goes a of Greensboro is available through the sion crews captured the incident on long way toward rectifying false views Beloved Community Center. To obtain film. Nevertheless, all the perpetrators foisted on people through the mass the documentary Greensboro: Closer were twice acquitted of any wrongdo- media. Commissioners concluded that to the Truth, produced by Adam ing, first in a state trial for murder and the “GPD [Greensboro Police Dept.] Zucker, email info@greensborothe later in federal court for civil rights and key city managers deliberately movie.com. violations. Finally, in 1985, after years misled the public about what happened 24 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 on Nov. 3, 1979….” The report ar- high. If people can be mobilized, if sionate community.” The Declaration ticulates that police absence at the anti- there is a strong community group or was signed by 32 community leaders. Klan rally was intentional and that the other non-governmental organizations Community members then prepared absence of the police was the “single with political will and the desire to and published a Mandate and Selec- most important element that contrib- seek truth, restorative justice and the tion Process for a Truth and Recon- uted to the violent outcome of the con- healing of past wounds, then there is a ciliation Commission. Also in 2003, frontation.” potential to embark on a transforma- Archbishop Desmond Tutu met with tional truth process. Alex Boraine, a delegation from the Local Task who served as Deputy Chair of the Force. His inspiring and encouraging Wider Applicability South African Truth and Reconcilia- words, along with the support of other tion Commission, praised the Greens- main players in the South African Can Greensboro’s truth process be boro experiment to a Project delega- Truth and Reconciliation Commission, applied elsewhere? Most definitely. tion visiting South Africa in 2007. reinforced the Project’s orientation The systemic nature of racism and Greensboro, he said, is making a ma- toward a firm spiritual grounding for worker oppression in the U.S. guar- jor contribution to truth processes in- its mission of truth-seeking, restorative antees that virtually every town or city ternationally because it has shown, with justice and community reconciliation. has ample historical experience of in- the strength of its community model, The Selection Panel that appointed justices it has yet to face and over- what people can do without govern- the Commissioners consisted of over come. Everywhere, genuine democ- ment sponsorship. a dozen panelists chosen by diverse racy is blocked by powerful institu- In very sketchy outline, here is how groups and organizations. The Panel tions built to further enrich a wealthy was broadly representative of city resi- elite at the expense of the people. If Greensboro’s truth dents. Everyone in Greensboro was the transformation of society toward process can be applied invited to submit nominations for genuine democracy is the goal, then elsewhere. Commissioners. The panel selected this process of truth and reconciliation seven Commissioners from among the is totally relevant and effective, pro- nominees. Commissioners were in- viding a mechanism with application Greensboro’s radical experiment in stalled on June 12, 2004, in a mov- anywhere. While it focuses on the past, democracy is unfolding: Its pre-Com- ing, historic ceremony at the Transit it is oriented toward the future. The mission phase began in 1999 when the Depot in downtown Greensboro. The Greensboro model can be applied right vision took shape in the minds of sev- swearing-in ceremony was officiated now and adapted to local circum- eral massacre survivors — in particu- by Melvin Watt, North Carolina’s 12th stances. lar, Rev. Nelson Johnson and Joyce Congressional District Congressman Johnson of the Beloved Community and a member of the Project’s National Center and Dr. Marty Nathan of the Advisory Council; Carolyn Allen, a Grassroots-Driven Greensboro Justice Fund. A couple of former Greensboro Mayor and Co- years later, the Project went forward Chair of the Project’s Local Task Most extraordinary perhaps about with financial support from the Andrus Force; and District Court Judge the Greensboro truth process is that it Family Fund and in consultation with Lawrence McSwain, the Chair of the was grassroots-driven, implemented the International Center for Transi- Project’s Selection Panel. Once without official authorization. In fact, tional Justice, which linked the Greens- spawned by the Project, the Commis- the Project thrived against official boro effort to a worldwide trend in re- sion was independent. It hired its own opposition—in 2005, the City Coun- storative justice. staff and made its own decisions. cil voted to oppose it. The vote was The essence of the Project lies in split along racial lines, with three black the local organizing carried out day- Council members in support of the to-day by the Beloved Community The Commission process and six whites against. The Center and affiliated organizations with mayor at the time, who was white, community members. The commit- Overcoming many obstacles, the joined the naysayers. Over a year later, ment to employ genuinely democratic Greensboro TRC carried out its man- when the issue was revisited in Coun- methods and to strive for inclusive par- date faithfully. To mention only a few cil, the opposition vote held. ticipation is unshakable. The Project of these: the need to scramble for fund- However, this is actually good established a Local Task Force and a ing; the lack of an existing template news. When one considers what the National Advisory Council early on. for a grassroots-driven truth and rec- Project has achieved, despite the re- In January 2003, the Local Task onciliation commission; and ongoing sistance it has encountered, including Force announced its Declaration of resistance from the city’s status quo official opposition, then it is clear that Intent to revisit the tragedy in order to leadership and institutions, in particu- communities, towns, cities and states “lead Greensboro into becoming a lar attempts, subtle and not so subtle, do not have to wait for a nod from on more just, understanding and compas- (Please turn to page 26)

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 25 (GREENSBORO: Continued from page 25) claimed that only a few survivors re- The Post-Commission ally care about, or are involved in, the Phase to split the Commission from the truth process. Were that true, Rev. Project—i.e., try to introduce from Nelson Johnson and his wife Joyce Today, the Project is in its post- outside the process ground rules that would not have received the presti- Commission phase. Study of the would cut off the survivors of the gious and highly competitive Ford Commission’s report continues in original incident from the Commis- Foundation’s “Leadership for a Greensboro, where the focus is on its sion, or cast suspicion on the entire Changing World” award in Fall 2005. recommendations for the City govern- process because those victimized in The award was granted in recognition ment. In all of the colleges and uni- 1979 were part of it. of their leadership to the Beloved versities in the Greensboro area, teach- For over two years, the Greensboro Community Center and, in particular, ers and students are studying the re- TRC conducted myriad interviews, to the truth and reconciliation process. port, assigning and writing papers, and held hearings, investigated documen- Far from it being the concern of giving creative, artistic expression to tary evidence and kept open lines of merely a few, over 10,000 Greensboro the themes in the truth process. One communication to Greensboro’s com- residents actively participated in example of the interest on the part of munities. Over the course of three Project events and initiatives by view- students was a Concerned Students for months in the Summer of 2005, the Truth and Reconciliation Conference, Commission held three sets of public The city became a at UNC-Greensboro in April 2007, hearings, each lasting a full day and virtual classroom on with participants from the host cam- an evening. Testimonies came from race and class inequi- pus, Guilford College, North Caro- victims, perpetrators, people who lived ties. lina A&T State University, Greens- in the community where the killings boro College, Elon University and took place, academics, clergy people, Duke University. Another is the community organizers, lawyers, ing the Project’s documentary, Voices memorable and spectacular multi-me- judges, law enforcement and media of Greensboro, that describes the truth dia performance, with choreographed representatives—people with some in- process; attending the Commission’s dancers and a jazz orchestra, in Feb- volvement in, or knowledge of, the installation ceremony; signing a peti- ruary 2008, at N.C. A&T State Uni- incident. tion urging City Council support for versity. The production, “Bullet Holes Throughout its implementation, the the truth process; marching on the 25th in the Wall: Reflections on Acts of Project has received messages of sup- Anniversary of the Greensboro Mas- Courage in the Struggle for Libera- port from the U.S. and abroad. Sev- sacre in support of the Project’s goals; tion,” linked together three Greens- eral individuals and communities have attending the three days and three eve- boro events —the 1960 student sit-ins, approached the Project with queries nings of public hearings held by the the 1969 student uprising and the 1979 about how they might create something Greensboro TRC; participating in spe- attack on an anti-Klan rally—as “part similar to address racism and injustice cial church services that honored the of a larger movement for equality, true in their own histories. Project repre- deep, sacred meaning of the com- democracy and social and economic sentatives have met with, and assisted, munity’s striving for truth and recon- justice...continuing even today.” people from Philadelphia, Mississippi; ciliation; attending and speaking out The democratic methodology of Moore’s Ford, Georgia; New Orleans, at many community-wide meetings seeking truth, building community and Louisiana; Rosewood, Florida; sponsored by the Project or the Com- advancing reconciliation and restor- Abbeyville, South Carolina; and mission over a six-year period; agree- ative justice is being applied here in Wilmington, North Carolina. Groups ing that their organization be a report- Greensboro and in North Carolina to in several other states, including Ten- receiver and then studying the such recent and current struggles as nessee, Alabama, Oklahoma and Commission’s Final Report with their raising the minimum wage; stopping Ohio, have expressed interest in en- groups; adopting the Commission’s racist hate crimes and demanding in- gaging a truth process. In July 2006, Final Report for classroom study; and stitutional accountability when they the Beloved Community Center and attending showings of Greensboro: occur; defending immigrants against the International Center for Transi- Closer to the Truth, an independent abuse in their communities and work- tional Justice co-sponsored an interna- film featuring Greensboro’s truth pro- places; and changing unjust, counter- tional conference in Greensboro at cess. Thousands more were exposed productive ways of dealing with groups which several North American groups to the process through media cover- of youth known as gangs. The Project involved in truth-seeking joined rep- age and other forms of public discus- and the Commission’s work have cre- resentatives from South Africa, Peru, sion. The city was turned into a vir- ated a wonderful opening into the Northern Ireland and Sri Lanka to share tual classroom on questions of racial present, a way to empower people to lessons from their various efforts. and class inequities. acknowledge their past and take own- Some detractors of the Project have ership of their future. ❏

26 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 Resources

Most Resources are Grant-Thomas & Gary Please drop us a line letting us know how useful our available directly from the Orfield (2008), has been Resources Section is to you, as both a lister and issuing organization, published by Temple requester of items. We hear good things, but only either on their website (if Univ. Press. Contributors sporadically. Having a more complete sense of the given) or via other include (PRRAC Board effectiveness of this networking function will help contact information listed. member) john powell, us greatly in foundation fundraising work (and is Materials published by John Mollenkopf and awfully good for our morale). Drop us a short PRRAC are available others. Available at note, letting us know if it has been/is useful to you through our website: www.temple.edu/ (how many requests you get when you list an item, www.prrac.org. Prices tempress/titles/ how many items you send away for, etc.) Thank include the shipping/ 1929_reg.html [11164] handling (s/h) charge you. when this information is • Integrationagenda.org provided to PRRAC. “No is a new “collaborative price listed” items often effort to develop and American Studies Center Chair is PRRAC Board are free. execute a comprehensive for much of this period) member José Padilla). The agenda for residential at [email protected] [11148] 48-page issue is available When ordering items from (possibly free) from PRRAC: SASE = self- integration.” The initiative, joined by sister • “Americans at the NLADA, 1140 Conn. addressed stamped Pulpit and in the Public Ave. NW, #900, Wash., envelope (42¢ unless organization MoveSmart. org, grew out of a recent Square: A conversation DC 20036-4019, 202/ otherwise indicated). about race, religion in a 452-0620, www.nlada.org Orders may not be placed conference sponsored by the Inst. of Govt. & diverse America” will be [11135] by telephone or fax. held Jan. 17-19, 2009 at Please indicate from Public Affairs at the Univ. of Illinois at Xavier Univ. in New which issue of P&R you Orleans. Inf./registration are ordering. Chicago and the Jane Economic/ Addams Hull House Assn. at nolaconference. Community Inf. at www.integration blogspot.com [11190] Race/Racism agenda.org [11167] Development Poverty/ • “Hispanics and the • “The Work That • “Gulf Coast Redevel- Economy,” by Algernon Remains: A Forty-year Welfare opment Pathways to Austin & Marie T. Mora, Update of the Kerner Recovery” (32 pp.), is Commission Report” was the Fall 2008 issue of is a 13-page, Oct. 31, • “Recession Could held Nov. 13 at the Community Developments, 2008 Briefing Paper, Cause Large Increases in Economic Policy Inst. the Community Affairs available (possibly free) Poverty and Push Speakers included Valerie Newsletter of the Comp- from the Economic Policy Millions Into Deep Wilson of the Natl. Urban troller of the Currency; Inst., 1333 H St. NW, E. Poverty,” by Sharon League Policy Inst., Alan available (likely free) Tower #300, Wash., DC Parrott (Nov. 2008), from Curtis of the Milton S. from the CoC, Dept. of 20005, 202/775-8810, the Center on Budget and Eisenhower Foundaton, Treasury, Wash., DC www.epi.org [11134] Policy Priorities (headed Algernon Austin and John 20219, www.occ.treas. by former PRRAC Board Irons of EPI, and Hilary gov/cdd/resource.htm • “Reversal of For- member Robert Shelton of NAACP. Inf. [11133] tune: Economic Gains of Greenstein) is available at from EPI, 1333 H St. 1990s Overturned for www.cbpp.org/11-24- NW, #300 E. Tower, • New York for Sale: African Americans from 08pov.pdf [11182] 2000-07,” by Algernon Wash., DC 20005, Community Planning Austin , a 13-page, Sept. [email protected] Confronts Global Real 2008 Briefing Paper, inaction.org [11165] Criminal Estate, by Tom Angotti, available (likely free) has just been published from the Economic Policy • “Beyond Borders: Justice by MIT Press, Inst., 1333 H St. NW, E. Education in Action,” a mitpress.mit.edu [11136] Tower #300, Wash., DC conference celebrating • “Best Practices for 20005, 202/775-8810, the 40th anniversary of Reentry Programs,” by www.epi.org [11142] Ethnic Studies at UCLA, Julie Verratti, is the cover was held on Nov. 15. Inf. article in the Sept./Oct. Education • Twenty-First Century from PRRAC Board issue of Cornerstone, the Color Lines: Multiracial member Don Nakanishi periodical of the Natl. • “Strengthening Out- Change in Contemporary (who headed the Legal Aid & Defender of-School Time America, eds. Andrew university’s Asian Program (whose Board Nonprofits: The Role of

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 27 Foundations in Building • “One Dream: Two able (possibly free) from House Office of National Organizational Capac- Realities: Perspectives of the Charles Hamilton Youth Policy. Addl. inf. ity” (Oct. 2008) is Parents on America’s Houston Inst. for Race & from Phillip Lovell, First available (possibly free) High Schools” a 2008 Justice at Harvard Law Focus, phillipl@first from the Harvard Family report by Civic Enter- School, 125 Mt. Auburn focus.net or Thaddeus Research Project. prises in association with St., 3rd flr., Cambridge, Ferber, Forum for Youth Harvard Grad. School of Peter D. Hart Research MA 02138, 617/495- Investment, Thaddeus@ Education, 3 Garden St., Associates and the Bill & 8285, houstoninst@ ForumFYI.org [11162] Cambridge, MA 02138, Melinda Gates Fdn., is law.harvard.edu, charles [11139] available at www.civic hamiltonhouston.org • Asset Building and enterprises.net/pdfs/ [11191] Low-Income Families, by • “Can Separate Be onedream.pdf [11156] Signe-Mary McKernan & Equal? The Overlooked Michael Sherraden (300 Flaw at the Center of No • “Present, Engaged, Employment/ pp., 2008, $29.50), has Child Left Behind” is a and Accounted For: The been published by Urban 12-page Reality Check Critical Importance of Labor/ Inst. Press, www.urban. Guiide to the Issues Addressing Chronic Jobs Policy org/books/assetbuilding/ (updated for 2008), Absence in the Early index.cfm [11172] available ($3.50) from Grades,” by Hedy N. • “Creating Post- The Century Foundation, Chang & Mariajose secondary Pathways to • “Ensuring Quality 41 E. 70 St., NYC, NY Romero (7 pp., Sept. Good Jobs for Young Care for Low-Income 10021, 212/535-4441, 2008), is available High School Dropouts,” Babies: Contractimg www.tcf.org [11151] (possibly free) from the by Linda Harris & Evelyn Directly with Providers National Center for Ganzglass (12 pp., Oct. to Expand and Improve • “Left Behind: Children in Poverty, 2008), is available (free) Infant and Toddler Unequal Opportunity in Mailman School of Public from the Ctr. for Law & Care,” by Hannah Higher Education” is a Health, Columbia Univ., Social Policy (headed by Matthews & Rachel 12-page Reality Check 215 W. 125 St., NYC, former PRRAC Bd. Schumacher (20 pp., July Guide to the Issues, NY 10027, 646/284- member Alan Houseman), 2008), a CLASP Policy updated for 2008, 9600, www.nccp.org 1015 15th St. NW, #400, Paper, is available (free) available ($3.50) from [11161] Wash., DC 20005, 202/ from the Ctr. for Law & The Century Foundation, 906-8000, www.clasp.org Social Policy (headed by 41 E. 70 St., NYC, NY • “Failed Promises: [11138] former PRRAC Board 10021, 212/535-4441, Assessing Charter member Alan Houseman), www.tcf.org [11152] Schools in the Twin • Beyond the Fields: 1015 15th St. NW, #400, Cities” (Nov. 2008) has Cesar Chavez, the UFW, Wash., DC 20005, 202/ • “Measuring Skills been issued by the Univ. and the Struggle for 906-8000, www.clasp.org for the 21st Century,” a Minn. Inst. on Race & Justice in the 21st [11189] 2008 report from The Poverty. The study finds Century, by Randy Shaw Education Sector, makes that charter school (2008?), can be ordered the case for incorporating competition has deepened at www.beyondthe Health modern skills into segregation within fields.net [11144] asssessments. Available at traditional public school • “Disability Rights - www.educationsector.org/ systems. Inf. and report • Wage Theft in Public Accommodations research/research_show. available from Baris America, by Kim Bobo Self-Advocacy Toolkit” htm?doc_id=716323 Gumus-Dawes, 612/625- (2008, $17.95+s/h), has (2008) is available [11153] 2872, [email protected] been published by New (possibly free) from the [11168] Press. [11192] Equal Rights Center, 202/ • “Counting on 370-3204, nlaber@equal Graduation,” a 2008 • “Quality Schools, rightscenter.org [11160] Education Trust report, Healthy Neighborhoods, examines state policies on and the Future of DC” Families/ • “Evaluating the graduation rates. Avail- (52 pp., Oct. 2008) is Women/ Economic Causes and able at tinyurl.com/ available from the Urban Children Consequences of Racial 59xnpf [11154] Inst., www.urban.org/ and Ethnic Health UploadedPDF/411768_ Disparities,” by Kristen • “Relationships, Rigor future_of_dc.pdf. [11180] • Federal Youth Suthers, is an Oct. 2008 and Readiness: Strategies Coordination Act of American Public Health for Improving High • “The Fear of ‘Acting 2008 (H.R. 7004) was Assn. brief, available Schools” is a 2008 report White’ & The Achieve- introduced by Congress- (possibly free) from Dr. from MDRC, available at ment Gap: Is There man John Yarmuth (D- Suthers, 202/777-2434, www.mdrc.org/publica- Really a Relationship?,” KY), building on the [email protected], tions/498/full.pdf [11155] by Brando Simeo Starley bipartisan Federal Youth www.apha.org/advocacy/ & Susan E. Eaton, is an Coordination Act and reports [11163] Oct. 2008 report avail- establishes the White

28 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 • Using Taxes to homeowners are victim- immgrants (2008?), is Job Reform Health Insur- ized and vulnerable as a available at www.oakland ance: Pitfalls and result of subprime institute.org [11143] Opportunities/ Promises (Nov. 2008) has mortgages offered in Fellowships/ been published by 2006 and early 2007. • WeAreCA.org is as Grants Brookings Institution Available from the Center new Calif. Council for the Press, www.brookings. for the Study of Working Humanities website, edu/press/Books/2008/ Class Life at www.stony chronicling the history of • The Citizens Com- usingtaxestoreformhealth brook.edu/workingclass/ Calif. immigration and mission on Civil Rights insurance.aspx [11175] ecostimulus/shtml [11145] migration, allowing all (headed by PRRAC Board Californians to tell their member William L. • “Growing Pains to • Discrimination story. [11146] Taylor) is hiring a the Los Angeles Healthy against Housing Choice Project Coordinator. Kids Program” (Oct. voucher holders in • “10 Harmful Miscon- $30,000. Resume/ltr/2 2008), an Urban Inst. Montgomery County, ceptions About Immigra- refs to [email protected] policy study, is available MD is documented in a tion” (Aug. 2008), from [11193] at www.urban.org/ 2008 report from the the Equal Rights Center, health_policy/url.cfm?ID Equal Rights Center, is available (hard copy) • The National =411653. [11176] available from them at 11 from jlaber@equalrights Women’s Law Center Dupont Circle, #450, center.org, and can be (whose Co-President is • “An Analysis of the Wash., DC 20036, 202/ found on their website former PRRAC Board Obama Health Care 234-3062, www.equal under “Publications member Nancy Duff Proposal” (Sept. 2008) is rightscenter.org [11158] Studies and Research,” Campbell) is seeking a available through the www.equalrightscenter.org Vice President/General Urban Institute’s Health “Evicted from the [11157] Counsel and a Communi- Policy Center, American Dream: The cation Manager. Ltr./ www.urban.org/Uploaded Redevelopment of Mount • “Know Your Rights” writing sample/salary PDF/411754_obama_ Holly Gardens” (Nov. is a 2008 immigrant requirements/resume/3 health_proposal.pdf 2008) was issued by the rights handbook, avail- supervisory refs. (prefer- [11177] New Jersey Public able (possibly free) from ably sent electronically, Advocate — available at Natalie Laber at the with position title in • “Headed for a www.state.nj.us/public Equal Rights Center, 202/ subject line) to Crunch: An Update on advocate/public/pdf/ 370-3204, nlaber@equal humanresources@nwlc. Medicaid Spending, gardens_report.pdf rightscenter.org [11159] org; hard copies to the Coverage and Policy [11166] Center, 11 Dupont Heading into an Eco- Circle, #800, Wash., DC nomic Downturn” (109 • “2008 State of 20036, fax: 202/588- pp., Sept. 2008), by the Metropolitan Housing Miscellaneous 5185. [11169] Kaiser Family Report” (Louisville) is Foundation’s Kaiser available (no price listed) • “CLASP Federal • The Citizens Plan- Commission on Medicaid from the Metropolitan Policy Recommendations ning and Housing Assn. and the Uninsured, is Housing Coalition, PO for 2009 and Beyond,” (Baltimore) seeks a available at www.kff.org/ Box 4533, Louisville, KY by (former PRRAC Board Housing Director. Ltr./ medicaid/upload/7815.pdf 40204-4533, 502/584- member) Alan Houseman resume to Ricky Persad, [11178] 6858, www.metropolitan (12 pp., Oct. 2008), is CHPA, 218 W. Saratoga housing.org [11171] available (free) from the St., 5th flr., Baltimore, • The Assn. of Maternal Ctr. for Law & Social MD 21201, 410/539- & Child Health Pro- • Subprime Mortgages: Policy, 1015 15th St. 1969, rickyp@chpa grams is holding its America’s Latest Boom NW, #400, Wash., DC baltimore.org [11170] annual conf. Feb. 21-25, and Bust, by Edward M. 20005, 202/906-8000, 2009 in Wash., DC. Inf. Gramlich (120 pp., June www.clasp.org [11137] • The Center for Law from AMCHP, 2030 M 2007, $26.50), has been & Social Policy (headed St. NW, #350, Wash., DC published by Urban Inst. • “The Measure of by former PRRAC Board 20036, 202/266-3049, Press. [11173] America,” from the member Alan Houseman) AMCHP.org/Events American Human Devel- is seeking a Policy [11149] opment Project (July Analyst for its Paid Sick Immigration 2008), aims to measure Days Initiative. Up to the well-being of the $50,000. Resume/writing Housing • “Uprooted: The nation using the UN’s sample/refs/cover ltr to Impact of Free Markets international development [email protected] [11188] • “Economic Stimulus on Migrants,” by David model. Available at and Economically Bacon, on the measureofamerica.org/ Distressed Workers” deterimental effect of the order [11179] (2008) highlights how N. American Free Trade tens of millions of U.S. Agreement (NAFTA) on

November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 29 Poverty & Race Index, Vol. 17 (2008)

This Index includes the major articles in the six 2008 issues of Poverty & Race (Vol. 17). The categories used frequently overlap, so a careful look at the entire Index is recommended. Each issue also contains an extensive Resources Section, not in the Index below, but available in database form for all 17 volumes. We can provide photocopies of any of the articles in the Index, and can also send an Index for any or all of the first 16 volumes of P&R (1992-2007). Please provide a self- addressed, stamped envelope. Articles are on our website, www.prrac.org. Race/Racism Health

523. “Martin Luther King, Jr. Holiday: How Did It Happen?,” 539. “A Matter of Racial Justice: The Alarming Disparities of Jan. /Feb. Lead-Poisoning Rates in New York State,” by Michael L. 524. “Tax Aversion: The Legacy of Slavery”, by Robin Einhorn, Hanley, Jan./Feb. March/April 540. “Health Care for Indigenous People,” by Michael Yellow 525. “Report from Geneva: U.N. Committe Reviews U.S. Record Bird, Nov./Dec. on Race,” by Philip Tegeler, March/April 526. “Tensions Among Minority Groups?” May/June Housing • “Racial-Ethnic Destinies,” by S.M. Miller • “Great Cause for Optimism,” by Wade Henderson 541. “Public Housing Redevelopment: Balancing the Right to Re- • “Achieving Racial Convergence: A Leadership Challenge,” turn and the Right to Expanded Housing Opportunities,” by Don T. Nakanishi Jan./Feb. • “’Minority’ is a Problem Concept,” by john a. powell 542. “Statement of Fair Housing and Civil Rights Advocates on • “Understanding Commonalities,” by Maria Blanco HOPE VI Reauthorization,” Jan./Feb. • “The Survey Blues,” by Howard Winant 543. “Human Rights and the Demolition of Public Housing in New 527. “The Worst Massacre of Blacks by Whites in U.S. History— Orleans,” March/April ¯And the Lesson It Teaches Today,” by Charles Lane, May/ 544. “Renters and the Housing Credit Crisis,” by Danilo Pelletiere June & Keith Wardrip, July/Aug. 528. “The Kerner Commission: Remembering, Forgetting and 545. “Integration and Housing Choice: A Dialogue,” Sept./Oct. • “Confronting Racial ‘Blind Spots’,” by Maria Krysan Truth-Telling,” by Bruce R. Thomas, July/Aug. • 529. “American Indian Tribes and Structural Racism,” by Sherry “The Need for Multi-Faceted Policy Responses,” by Ingrid Gould Ellen Salway Black, Nov./Dec. • 530. “Indigenous People: Response to the Periodic Report of the “Who Will Live Near Whom?,” by Camille Zubrinsky United States to the United Nations Committee on the Elimi- Charles nation of Racial Discrimination,” Nov./Dec. 546. “Housing America’s Native People,” by Wendy L. Helgemo, 531. “Tribal Self-Government in the United States,” by John Dossett, Nov./Dec. Nov./Dec. 547. “Scapegoating Blacks for the Economic Crisis,” by Gregory 532. “Joint Resolution of Apology to Native People,” by John D. Squires, Nov./Dec. Dossett, Nov./Dec. 548. “From ‘Adverse Uses’ to ‘Moral Hazards’,” William L. Tay- lor, Nov./Dec. Criminal Justice Immigration 533. “Native Americans and Juvenile Justice: A Hidden Tragedy,” 549. “21st Century Gateways: Immigrants in Suburban America,” by Terry L. Cross, Nov./Dec. by Audrey Singer, Susan W. Hardwick & Caroline B. Brettell, 534. “The Cobell Trust Land Lawsuit,” by Justin Guilder, Nov./ July/Aug. Dec. 550. “Building a Labor Base for Immigrant Rights in New York Education City,” by Jim Perlstein, July/Aug. Miscellaneous 535. “How Colleges and Universities Can Promote K-12 Diversity: A Modest Proposal,” by Julius Chambers, John Charles Boger 551. Nobel Peace Prize for Pete Seeger? Jan./Feb. & William Tobin, Jan./Feb. 552. “Greensboro’s Radical Experiment in Democracy,” by Signe 536. “When the Feds Won’t Act: School Desegregation, State Waller Foxworth, Nov./Dec. Courts, and Minnesota’s The Choice is Yours Program,” by Myron Orfield & Baris Gumus-Dawes, Jan./Feb. PRRAC Activities & News 537. Promoting School Diversity Commentaries: March/April • “It Might Actually Work,” by Pedro Noguera, • 553. (PRRAC Researcher Report) “Food Justice Activism in “Some Possible Changes, Critics and Cautions,” by john West Oakland, California,” Jan./Feb. powell 554. (PRRAC Researcher Report), “Keeping Active, Keeping • “An Important Step,” by William L. Taylor • Safe: A Look at Participation in Structured Activities “A More Than Modest Proposal,” by Wendy D. Puriefoy Among Working-Class and Middle-Class Families,” by • “An Excellent Idea,” by Richard D. Kahlenberg • Pamela R. Bennett, Amy Lutz & Lakshmi Jayaram, “Rewarding Students by Nudging Adults,” by Jenice L. March/April View 555. (PRRAC Researcher Report) “Sentencing Enhancement 538. “Settlement Announced in Hartford Regional School Desegre- Zones Fail to Protect Children, Do Increase Racial gation Case,” May/June Disparities in Prison,” by Aleks Kajstura & Peter Wagner,” Sept./Oct. 556. New Witt Internship Award, Nov./Dec.

30 • Poverty & Race • Vol. 17, No. 6 • November/December 2008 PRRAC'S SOCIAL SCIENCE ADVISORY BOARD

Dolores Acevedo-Garcia Roslyn Arlin Mickelson Harvard School of Public Health Univ. of No. Carolina-Charlotte

Frank Bonilla Paul Ong CUNY Department of Sociology UCLA School of Public Policy & Social Research Xavier de Souza Briggs MIT Department of Urban Studies & Planning Gary Orfield UCLA Civil Rights Project Camille Zubrinsky Charles Department of Sociology, Univ. of Pennsylvania Gary Sandefur Univ. Wisconsin Inst. for Poverty Research John Goering Baruch College, City Univ. of New York Gregory D. Squires Department of Sociology, George Washington Univ. Heidi Hartmann Inst. for Women’s Policy Research (Wash., DC) Margery Austin Turner The Urban Institute William Kornblum CUNY Center for Social Research Margaret Weir Department of Political Science, Harriette McAdoo Univ. of California, Berkeley Michigan State Department of Sociology

Fernando Mendoza Department of Pediatrics, Stanford Univ.

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November/December 2008 • Poverty & Race • Vol. 17, No. 6 • 31 POVERTY & RACE RESEARCH ACTION COUNCIL Board of Directors CHAIR Darrell Armstrong Elizabeth Julian Catherine Tactaquin John Charles Boger Shiloh Baptist Church Inclusive Communities National Network for University of North Carolina Trenton, NJ Project Immigrant & Refugee School of Law Maria Blanco Dallas, TX Rights Chapel Hill, NC Institute on Race, Ethnicity Spence Limbocker Oakland, CA and Diversity Neighborhood Funders William L. Taylor VICE-CHAIR University of California Group Citizens’ Commission José Padilla Law School Washington, DC on Civil Rights California Rural Legal Berkeley, CA Demetria McCain Washington, DC Assistance Victor Bolden Inclusive Communities Camille Wood San Francisco, CA NAACP Legal Defense Project National Legal Aid & Educ. Fund Dallas, TX Defender Assn. SECRETARY New York, NY S.M. Miller Washington, DC Sheryll Cashin The Commonwealth john powell [Organizations listed for Georgetown University Institute Kirwan Institute for the Study identification purposes only] of Race & Ethnicity Law Center Cambridge, MA Washington, DC Ohio State University Don Nakanishi Philip Tegeler Craig Flournoy Columbus,OH University of California President/Executive Director Southern Methodist Los Angeles, CA University TREASURER Dennis Parker Chester Hartman Dallas, TX Sheila Crowley American Civil Liberties Director of Research National Low Income Thomas Henderson Union Sprenger & Lang Housing Coalition New York, NY Jason Small Washington, DC Washington, DC Anthony Sarmiento Law & Policy Fellow Olati Johnson Senior Service America Columbia University Silver Spring, MD Kami Kruckenberg New York, NY Health Policy Fellow

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