TCC convention speaker blasts governments’ treatment of Natives

By Jeff Richardson, Fairbanks Daily News-Miner

FAIRBANKS — A colonial attitude and lack of tribal sovereignty are contributing to an “unconscionable” record for Alaska Native justice, the head of the Indian Law and Order Commission told a Fairbanks audience on Tuesday.

Attendees watch on a television in the hallway as Keynote speaker Troy A. Eid, Chairman of the Indian Law and Order Commission, speaks at the Tanana Chiefs Conference Annual Delegate and Full Board of Directors Meeting Tuesday, March 11, 2014 at the Westmark Hotel.
Attendees watch on a television in the hallway as Keynote speaker Troy A. Eid, Chairman of the Indian Law and Order Commission, speaks at the Tanana Chiefs Conference Annual Delegate and Full Board of Directors Meeting Tuesday, March 11, 2014 at the Westmark Hotel.

In a fiery speech at the Tanana Chiefs Conference convention, Troy Eid blasted the state and federal governments for treating Alaska Natives like second-class citizens. The result, he said, has been an ineffective and unequal system for the state’s indigenous people.

“You are not stakeholders,” Eid told TCC delegates at the Westmark Hotel. “You are members of sovereign governments.”

Eid received a standing ovation following his remarks, which were the keynote speech for a conference with the theme “The time is now.” Eid’s independent commission was created in 2010 to review the justice system for American Indians and Alaska Natives and report its findings to President Obama and Congress.

The report, which was released last November, gave a dismal review of Alaska’s system. 

Eid, a former U.S Attorney for Colorado, called the status of Alaska Natives a “civil rights crisis.” A fourth of Alaska Native youth suffer from post-traumatic stress disorder, he said, the same rate as military veterans returning from Afghanistan. Suicide rates in Alaska rival those in Haiti, one of the poorest countries in the world.

Alaska has domestic violence rates 10 times higher than the national average, and 12 times higher against women, Eid said.

He said lawmakers in Juneau and Washington could help change that.

The first step, he said, is to stop excluding Alaska Natives from federal legislation that protects Native Americans in other parts of the country. Eid dismissed the argument that the Alaska Native Claims Settlement Act requires that Alaska Natives be treated differently than their counterparts in the Lower 48.

“They’re laws Congress made and Congress can revisit it. … It’s not as if these are immutable, unchangeable laws,” he said.

Eid also criticized the state for battling against tribes who want local courts and police, saying that local efforts to combat crime often prove more effective. Tribal courts are now limited to family issues, such as child custody and adoption.

“It is time for the state of Alaska to stop fighting against Alaska Natives,” he said.

Following the remarks, Fort Yukon Chief Steve Ginnis asked delegates to consider a resolution that would ask the federal government to treat Alaska Natives under the same civil rights legislation as other Native Americans.

President Jerry Isaac echoed the comments.

“It’s undoubtedly a long struggle with the tribes in Alaska to be recognized in a place that they deserve,” he said.

Sen. Lisa Murkowski, who spoke by videoconference with TCC delegates, was asked if she would pledge to support such a resolution. She said ANCSA has set up a system which creates a special distinction for Alaska Natives, and that identical legislation for Alaskans and those in the Lower 48 isn’t always possible.

However, Congress needs to make sure the end result shouldn’t be unequal treatment for Alaskans, she said.

“We need to be sure that Alaska Natives are treated justly and fairly, as are all Natives,” Murkowski said.

Federal court holds Interior Secretary retains authority to make trust land acquisitions for Alaska Natives

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This decision is a victory for all Alaska Tribes.

Tuesday, April 2, 2013

On March 31, 2013, the U.S. District Court for the District of Columbia issued an important ruling in Akiachak Native Community, et al. v. Salazar that affirms the ability of the U.S. Secretary of Interior to take land into trust on behalf of Alaska Tribes and also acknowledges the rights of Alaska Tribes to be treated the same as all other federally recognized Tribes.

In 2006, four Tribes and one Native individual—the Akiachak Native Community, Chalkyitsik Village, Chilkoot Indian Association, Tuluksak Native Community (IRA), and Alice Kavairlook—brought suit to challenge the Secretary of the Interior’s decision to leave in place a regulation that treats Alaska Natives differently from other Native peoples.  On behalf of our clients, NARF and co-counsel Alaska Legal Services Corporation sought judicial review of 25 C.F.R. § 151 as it pertains to federally recognized Tribes in Alaska.  This federal regulation governs the procedures used by Indian Tribes and individuals when requesting the Secretary of the Interior to acquire title to land in trust on their behalf.  The regulation bars the acquisition of land in trust in Alaska other than for the Metlakatla Indian Community or its members.  Plaintiffs argued that this exclusion of Alaska Natives—and only Alaska Natives—from the land into trust application process is void under 25 U.S.C. § 476(g), which nullifies regulations that discriminate among Indian Tribes.  The State of Alaska intervened to argue that the differential treatment is required by the Alaska Native Claims Settlement Act (ANCSA).

This decision is a victory for all Alaska Tribes.  The ruling will allow Alaska Tribes to petition the Secretary to have non-ANCSA lands placed into trust and the opportunity to enhance their ability to regulate alcohol, respond to domestic violence, and generally protect the health, safety, and welfare of tribal members.  To read the court’s opinion, click here.

Read more here,

http://www.courthousenews.com/2013/04/03/56308.htm