Portland, Oregon: Dozens of social, economic and climate justice organizers from across the Pacific Northwest have been meeting for the past 16 months to bring the Pacific Northwest Social Forum to Portland, Oregon, September, 26th-28th, 2014. The three-day event will feature music; a fundraiser/solidarity action for a computer center in Burundi, Africa; and assemblies and panels on topics including Indigenous Treaty Rights, Climate Justice, Housing and Homelessness and Democracy. The overall goal of the event is to create a Pacific Northwest People’s Plan for Social, Economic and Climate Justice with strategy and actions for the next two years. The event will conclude with a direct action on Sunday that is also the kick-off to the implementation of the Pacific Northwest People’s Plan for Justice.
The Pacific Northwest Social Forum is one of many events taking place across the country in 2014 that are connected to and building toward larger gatherings in 2015 for the US Social Forum. The US Social Forum (USSF) is a national and international movement building process that is connected and accountable to the World Social Forum. After gathering 100,000 people in Porto Alegre, Brazil in 2005, the International Council of the World Social Forum decided the following year there would be regional social forums. The USSF is one of these regional forums, stating that it was strategic to hold a gathering of peoples and movements within the “belly of the beast” that were against the ravages of globalization and neoliberal policies in the US and worldwide. The USSF is not a conference rather it is a space to come up with the peoples’ solutions to the economic and ecological crisis. The USSF is a next most important step in the struggle to build a powerful multi-racial, multi-sectoral, inter-generational, diverse, inclusive, internationalist movement that transforms this country and changes history.
“We hope to gather as many folks from the Pacific Northwest as we can from all walks of life,” reported Shamako Noble, National Coordinator with the USSF and organizer for the event. “We have buses coming from the North, South and East to the Forum, with reps from Hip Hop Congress, Move to Amend, Montana based Indian Peoples Action, and (folks from North), and groups from Seattle like the Multi-Media Center. This is shaping up to be a historic event, a game changer in working together to reclaim our region in a way that makes sense for the people and the planet. We’re excited to come together for this motion forward.”
Alyssa Macy, an organizer with the International Indian Treaty Council has been mobilizing Indigenous Peoples to participate in the forum. She stated, “This is an excellent opportunity to educate those individuals and organizations working for a most just society on Treaty Rights here in the Northwest and our shared responsibility in ensuring that the US honors them. Our struggles are related and it is only together that we can realize the society we envision.”
Registration is now open for this historic event at www.pnwsf.org and offers a sliding scale of $10-$100 with the opportunity to do 2-hours of barter work in exchange for registration.
SEATTLE — On Tuesday the Seattle City Council decided to postpone its vote to rename Columbus Day with Indigenous Peoples Day until October 13 so that the mayor and other elected officials can hold a signing ceremony.
Several dozen American Indian supporters gathered at Seattle City Hall’s steps in support of the name change with drumming and speeches.
The effort to do away with Columbus Day was led by Matt Remie, Ethel Branch and others in Seattle’s Native community. This group influenced the Seattle Human Rights Commission to push through a resolution on July 24, 2014.
“This is simply nothing more than respect and honor for the First People of this land. As this moves forward, I have no doubt whatsoever that the Council and Mayor will be amazed by the strength and power that comes from the original People of this land. Let’s hope this is the beginning of a new chapter and a new partnership,” commented Chris Stearns (Navajo), attorney and past Chairman of the Seattle Human Rights Commission to Native News Online late Tuesday.
The resolution that made its way to the City Council was led by Council Members Bruce Harrell and Kshama Sawant. Mayor Ed Murray is in full support of the renaming.
Seattle Native community
Columbus Day dates back to 1892 when President Harrison made a proclamation observing a day set aside to celebrate Christopher Columbus. It has been a federal holiday since 1937.
Courtesy of ‘Kwel Hoy: A Totem Pole Journey’ A 19-foot pole carved by Lummi master carver Jewell James and the House of Tears Carvers is being taken on a journey to 21 Native and non-Native communities in four Northwest states and British Columbia. James carved the pole to compel people to speak out against coal and oil transport projects that could have a devastating impact on the environment. The pole will be raised at Beaver Lake Cree First Nation on September 6.
LUMMI NATION, Washington—At each stop on the totem pole’s journey, people have gathered to pray, sing and take a stand.
They took a stand in Couer d’Alene, Bozeman, Spearfish, Wagner and Lower Brule. They took a stand in Billings, Spokane, Yakama Nation, Olympia and Seattle. They took a stand in Anacortes, on San Juan Island, and in Victoria, Vancouver and Tsleil Waututh.
They’ll take a stand in Kamloops, Calgary and Edmonton. And they’ll take a stand at Beaver Lake Cree First Nation, where the pole will be raised after its 5,100-mile journey to raise awareness of environmental threats posed by coal and oil extraction and rail transport.
“The coal trains, the tar sands, the destruction of Mother Earth—this totem [pole] is on a journey. It’s calling attention to these issues,” Linda Soriano, Lummi, told videographer Freddy Lane, Lummi, who is documenting the journey. “Generations yet unborn are being affected by the contaminants in our water.… We need people to take a stand. Warrior up—take a stand, speak up, get involved in these issues. We will not be silent.”
The 19-foot pole was crafted by Lummi master carver Jewell James and the House of Tears Carvers. The pole and entourage left the Lummi Nation on August 17 for 21 Native and non-Native communities in four Northwest states and British Columbia. The itinerary includes Olympia, the capital of Washington State, and Victoria, the capital of British Columbia. The pole is scheduled to arrive at Beaver Lake Cree on September 6.
The journey takes place as U.S. energy company Kinder Morgan plans to ship 400 tanker loads of heavy crude oil each year out of the Northwest; a refinery is proposed in Kitimat, British Columbia, where heavy crude oil from Enbridge’s Northern Gateway pipeline would be loaded onto tankers bound for Asia; and as Gateway Pacific proposes a coal train terminal at Cherry Point in Lummi Nation territory. Cherry Point is a sacred and environmentally sensitive area; early site preparation for the terminal was done without permits, and ancestral burials were desecrated.
In a guest column published on August 11 in the Bellingham Herald, James wrote that Native peoples have long seen and experienced environmental degradation and destruction of healthy ecosystems, with the result being the loss of traditional foods and medicines, at the expense of people’s health.
And now, the coal terminal proposed at Cherry Point poses “a tremendous ecological, cultural and socio-economic threat” to Pacific Northwest indigenous peoples, James wrote.
“We wonder how Salish Sea fisheries, already impacted by decades of pollution and global warming, will respond to the toxic runoff from the water used for coal piles stored on site,” he wrote. “What will happen to the region’s air quality as coal trains bring dust and increase diesel pollution? And of course, any coal burned overseas will come home to our state as mercury pollution in our fish, adding to the perils of climate change.”
James wrote that the totem pole “brings to mind our shared responsibility for the lands, the waters and the peoples who face environmental and cultural devastation from fossil fuel megaprojects.… Our commitment to place, to each other, unites us as one people, one voice to call out to others who understand that our shared responsibility is to leave a better, more bountiful world for those who follow.”
‘This Is the Risk That Is Being Taken’
Recent events contributed to the urgency of the totem pole journey’s message.
Two weeks before the journey got under way, a dike broke at a Quesnel, British Columbia, pond that held toxic byproducts left over from mining; an estimated 10 million cubic meters of wastewater and 4.5 million cubic meters of fine sand flowed into lakes and creeks upstream from the Fraser River, a total of four billion gallons of mining waste. A Sto:lo First Nation fisheries adviser told the Chilliwack Progress of reports of fish dying near the spill, either from toxins or asphyxiation from silt clogging their gills; and First Nation and non-Native fisheries are bracing for an impact on this year’s runs.
On July 24, a Burlington Northern train pulling 100 loads of Bakken crude oil derailed in Seattle’s Interbay neighborhood. The railcars didn’t leak, but the derailment prompted a statement from Fawn Sharp, president of the Quinault Indian Nation and the Affiliated Tribes of Northwest Indians and Area Vice President of the National Congress of American Indians.
“People need to know that every time an oil train travels by, this is the risk that is being taken,” she said. “These accidents have occurred before. They will occur again. … The rail and bridge infrastructure in this country is far too inadequate to service the vast expansion of oil traffic we are witnessing.”
A year earlier, on July 6, 2013, an unmanned train with 72 tank cars full of Bakken crude oil derailed in a small Quebec village, killing 47 people. An estimated 1.5 million gallons of oil spilled from ruptured tank cars and burned; according to the Washington Post, it was one of 10 significant derailments since 2008 in the United States and Canada in which oil spilled from ruptured cars.
Some good news during the journey: As the totem pole and entourage arrived at the Yankton Sioux Reservation in Wagner, South Dakota, word was received that the Oregon Department of State Lands rejected Ambre Energy’s application to build a coal terminal on the Columbia River; the company wants to ship 8.8 million tons of coal annually to Asia through the terminal.
One of the concerns that communities have about coal transport is exposure to coal dust; those concerns are shared by residents of Plaquemines Parish, Louisiana, where proponents of a coal terminal on the Mississippi River forecast an increase in Gulf Coast coal exports from seven million tons in 2011 to 96 million by 2030.
Dr. Marianne Maumus of Ochsner Health Systems told the New Orleans Times-Picayune that coal dust contains heavy metals including arsenic, cadmium and mercury, and can cause cancer, neurological, renal and brain-development problems.
“I think the risk is real. I think there is a lot of potential harm from multiple sources,” Maumus told the Times-Picayune.
James said there are alternatives to coal and oil—among them energy generated by wind, sun and tides.
“But we’re not going to move toward those until we move away from fossil fuels,” he said.
In his Nation’s territory, Yakama Chairman JoDe L. Goudy told videographer Lane he hopes the pole’s journey will help the voice of Native people “and the voice of those people across the land that have a concern for the well-being of all” to be heard.
“May the journey, the blessing, the collective prayers that’s [being offered] and the awareness that’s being created lift us all up,” he said, “lift us all up to find a way to come against the powers that be … whether it be coal, whether it be oil or whatever it may be.”
Albert Redstar, Nez Perce, advised young people: “Remember the teachings of your people. Remember that there’s another way to look at the world rather than the corporate [way]. It’s time to say no to all that. It’s time to accept the old values and take them as your truths as well.… They’re ready for you to awaken into your own heart today.”
To Unite and Protect
The totem pole journey is being made in honor of the life of environmental leader and treaty rights activist Billy Frank Jr., Nisqually. Frank, chairman of the Northwest Indian Fisheries Commission, walked on in May.
James said the pole depicts a woman representing Mother Earth, lifting a child up; four warriors, representing protectors of the environment; and a snake, representing the power of the Earth. The pole journey has been undertaken in times of crisis several times this century.
In 2002, 2003 and 2004, to help promote healing after the 9/11 terrorist attacks, James and the House of Tears Carvers journeyed across the United States with healing poles for Arrow Park, New York, 52 miles north of Ground Zero; Shanksville, Pennsylvania, where the hijacked United Airlines Flight 93 crashed; and Washington, D.C.’s Congressional Cemetery, seven miles from the Pentagon. And In 2011, James and a 20-foot healing pole for the National Library of Medicine visited nine Native American reservations en route to Bethesda, Maryland. At each stop on the three-week cross-country journey, people prayed, James said at the time, “for the protection of our children, our communities and our elders, and generally helping us move along with the idea that we all need to unite and protect the knowledge that we have, and respect each other.”
EVERETT, Wash. – About a dozen protesters have blocked railroad tracks at a Burlington Northern Santa Fe yard in Everett.
Railroad spokesman Gus Melonas says some have chained themselves to the tracks. He says the demonstration that started about 6 a.m. Tuesday has blocked freight trains at the yard although the main line remains open.
Everett police spokesman Aaron Snell says officers are standing by. They’ll let BNSF police handle the situation because it’s a trespassing issue.
The demonstration was announced by the group Rising Tide Seattle to protest shipments of oil and coal by train and proposed terminals in the Northwest.
Yellowstone bison were released at the Fort Belknap Reservation in Montana in 2013. Native American tribes have created a host of programs to aid unique Western species. Credit Jonathan Proctor/Defenders of Wildlife
By NATE SCHWEBER
FORT BELKNAP AGENCY, Mont. — In the employee directory of the Fort Belknap Reservation, Bronc Speak Thunder’s title is buffalo wrangler.
In 2012, Mr. Speak Thunder drove a livestock trailer in a convoy from Yellowstone National Park that returned genetically pure bison to tribal land in northeastern Montana for the first time in 140 years. Mr. Speak Thunder, 32, is one of a growing number of younger Native Americans who are helping to restore native animals to tribal lands across the Northern Great Plains, in the Dakotas, Montana and parts of Nebraska.
They include people like Robert Goodman, an Oglala Lakota Sioux, who moved away from his reservation in the early 2000s and earned a degree in wildlife management. When he graduated in 2005, he could not find work in that field, so he took a job in construction in Rapid City, S.D.
Then he learned of work that would bring him home. The parks and recreation department of the Pine Ridge Reservation, where he grew up, needed someone to help restore rare native wildlife — including the swift fox, a small, tan wild dog revered for its cleverness. In 2009, Mr. Goodman held a six-pound transplant by its scruff and showed it by firelight to a circle of tribal elders, members of a reconvened warrior society that had disbanded when the foxes disappeared.
A black-footed ferret at Fort Belknap in 2013. Credit Jonathan Proctor/Defenders of Wildlife
“I have never been that traditional,” said Mr. Goodman, 33, who released that fox and others into the wild after the ceremony. “But that was spiritual to me.”
For a native wildlife reintroduction to work, native habitat is needed, biologists say. On the Northern Great Plains, that habitat is the original grass, never sliced by a farmer’s plow.
Unplowed temperate grassland is the least protected large ecosystem on earth, according to the American Prairie Reserve, a nonprofit organization dedicated to grassland preservation. Tribes on America’s Northern Plains, however, have left their grasslands largely intact.
More than 70 percent of tribal land in the Northern Plains is unplowed, compared with around 60 percent of private land, the World Wildlife Fund said. Around 90 million acres of unplowed grasses remain on the Northern Plains. Tribes on 14 reservations here saved about 10 percent of that 90 million — an area bigger than New Jersey and Massachusetts combined.
“Tribes are to be applauded for saving so much habitat,” said Dean E. Biggins, a wildlife biologist for the United States Geological Survey.
Wildlife stewardship on the Northern Plains’ prairies, bluffs and badlands is spread fairly evenly among private, public and tribal lands, conservationists say. But for a few of the rarest native animals, tribal land has been more welcoming.
The swift fox, for example, was once considered for listing as an endangered species after it was killed in droves by agricultural poison and coyotes that proliferated after the elimination of wolves. Now it has been reintroduced in six habitats, four on tribal lands.
“I felt a sense of pride trying to get these little guys to survive,” said Les Bighorn, 54, a tribe member and game warden at Montana’s Fort Peck Reservation who in 2005 led a reintroduction of swift foxes.
Mr. Speak Thunder, who took part in the bison convoy, agreed. “A lot of younger folks are searching, seeking out interesting experiences,” he said. “I have a lot of friends who just want to ride with me some days and help out.”
Over the last four years in Montana, the tribes at Fort Peck and Fort Belknap, along with the tycoon and philanthropist Ted Turner, saved dozens of bison that had migrated from Yellowstone. Once the food staple of Native Americans on the Great Plains, bison were virtually exterminated in the late 19th century; the Yellowstone bison are genetic descendants of the only ones that escaped in the wild.
This spring, by contrast, Yellowstone officials captured about 300 bison and sent them to slaughterhouses. Al Nash, a park spokesman, said they were culled after state and federal agencies “worked together to address bison management issues.” The cattle industry opposes wild bison for fear the animals might compete with domestic cows for grass, damage fences or spread disease.
Emily Boyd-Valandra, 29, a wildlife biologist at the Rosebud Sioux Reservation in South Dakota, is emblematic of new tribal wildlife managers working around the Northern Plains. She went to college and studied ecology. (Nationwide, the rate of indigenous people in America attending college has doubled since 1970, according to the American Indian College Fund.)
Diploma in hand, Ms. Boyd-Valandra moved home, took a job with her tribe’s department of game, fish and parks, and found a place for what she called “education to bridge the gap between traditional culture and science.”
Blending her college lessons with the reverence for native animals she absorbed from her elders, she helped safeguard black-footed ferrets on her reservation from threats like disease and habitat fragmentation. The animal was twice declared extinct after its primary prey, the prairie dog, was wiped out across 97 percent of its historic range; since 2000, ferrets have been reintroduced in 13 American habitats, five of them on tribal land.
“Now that we’re getting our own people back here,” Ms. Boyd-Valandra said, “you get the work and also the passion and the connection.” One of her mentors is Shaun Grassel, 42, a biologist for the Lower Brule Indian Reservation in South Dakota. “What’s happening gives me a lot of hope,” he said.
Though each reservation is sovereign, wildlife restoration has been guided to a degree by grants from the federal government. Since 2002, the Fish and Wildlife Service has given $60 million to 170 tribes for 300 projects that aided unique Western species, including gray wolves, bighorn sheep, Lahontan cutthroat trout and bison.
“Tribal land in the U.S. is about equal to all our national wildlife refuges,” said D. J. Monette of the wildlife agency. “So tribes really have an equal opportunity to protect critters.”
Nonprofit conservation organizations have also helped. But tribe leaders say that what drives their efforts is a cultural memory that was passed down from ancestors who knew the land before European settlement — when it teemed with wildlife.
“Part of our connection with the land is to put animals back,” said Mark Azure, 54, the president of the Fort Belknap tribe. “And as Indian people, we can use Indian country.”
In late 2013, during the painful federal sequestration that forced layoffs on reservations, Mr. Azure authorized the reintroduction of 32 bison from Yellowstone and 32 black-footed ferrets. That helped secure several thousand dollars from the nonprofit Defenders of Wildlife and kept some tribe members at work on the reintroduction projects, providing employment through an economic dip and advancing the tribe’s long-term vision of native ecosystem restoration. The next project is an aviary for eagles.
One night last fall, Kristy Bly, 42, a biologist from the World Wildlife Fund, visited the reservation to check on the transplanted black-footed ferrets. Mena Limpy-Goings, 39, a tribe member, asked to ride along because she had never seen one.
They drove around a bison pasture under the Northern Lights for hours, until the spotlight mounted on Ms. Bly’s pickup reflected off the eyes of a ferret dancing atop a prairie dog burrow.
“Yee-hoo!” Ms. Bly cheered. “You’re looking at one of only 500 alive in the wild.”
Ms. Limpy-Goings hugged herself.
“It is,” she said, “more beautiful than I ever imagined.”
A group of Oklahoma State University football fans have sparked outrage for a sign they created to hold during ESPN’s GameDay football-preview show.
The Oklahoma State Cowboys play the Florida State Seminoles tonight in a game in Arlington, Texas. The fans in question evidently felt that referencing a historical tragedy would be a clever play on the Seminoles’ name, and created a banner that said “Send ‘Em Home #trail_of_tears#gopokes“.
The sign is concerning on a few levels. The Trail of Tears refers to the consequence of the Indian Removal Act of 1830: The forced relocation of American Indians from the southeastern United States to Indian Territory, a region which would later be known as Oklahoma. Between 1830 and 1837, some 46,000 Indians were removed, and many thousands died on the journey west. It’s odd, to put it mildly, that Oklahoma State football fans in particular could create a sign (and it’s not a small sign) that so casually treated a tragedy that is an integral part of their own state’s history. According to 2010 statistics, Oklahoma State graduated the most Native American students of any college in the country, and its student body was 9.2% American Indian or Alaska Native.
There’s also something ignorant about a sign that references the Trail of Tears and also says “Send ‘Em Home.” The Trail of Tears wasn’t about sending anybody home — it was about driving Native people from their homes. And in a larger sense, the entire continent was Natives’ “home” until certain uninvited guests showed up, beginning in 1492.
Today is the Cherokee National Holiday; when contacted for comment, Cherokee Nation Principal Chief Bill John Baker said that the sign was “not going to ruin our holiday. … We’re trying to at least educate our state and other states as well so they truly understand, and we’ve got more work to do.”
From the official @okstate twitter feed, the university addressed the issue with the following statement: “OSU does not condone the insensitive sign shown at today’s GameDay event and have requested that it be removed.”
The general reaction on Twitter has been one of outrage and disappointment, from Natives and non-Natives alike. Mark Charles, Navajo, who tweets as @WirelessHogan, summed up his feelings with the following graphic:
Rashida Manjoo, UN Special Rapporteur on the Rights of Women presenting her report to the UN General Assembly in New York, 2011.
After decades of grassroots advocacy and calls to action, the Violence Against Women Act is putting justice back in the hands of tribal authorities in cases of abuse and violence against Native American women.
WASHINGTON — In March 2013, following nearly two decades of grassroots work and advocate work, President Barack Obama signed a reauthorization of the Violence Against Women Act that offers expanded protections for Native American women.
The reauthorized act extends tribal jurisdiction to non-Native Americans who commit acts of violence or sexual assault against their Native American spouse or partner. While such incidents often go unreported, the amount that are reported reflect a disproportionate number of Native American women will be raped, stalked or physically assaulted compared to their non-Native American peers.
“One of the most basic human rights recognized under international law is the right to be free of violence. While many in the United States take this right for granted, Native women do not,” –Jana Walker, senior attorney and director of Indian Law Resource Center’s Safe Women, Strong Nations.
Federal authorities currently maintain jurisdiction over offenses committed by non-Native Americans coming onto the territories, but with prosecuting attorneys often located hundreds of miles from these areas, reporting is infrequent. From October 2002 to September 2003, 58.8 percent of cases the Bureau of Indian Affairs referred for federal prosecution were declined, compared to the national average of 26.1 percent.
However, VAWA will now allow territories to impose a penalty on non-Native Americans married to a community member, as well as those living in the community or employed by the community. Many hope this newly granted authority will put an end to the notion of reservations as hunting grounds where offenders have impunity.
The initial Violence Against Women Act resulted from grassroots efforts that started in the late 1980s, with advocates from the battered women’s movement, law enforcement, victims services and prosecutor’s offices. It was signed into law in September 1994 as Title IV sec 4001-4073 of the Violent Crime Control and Law Enforcement Act to fund the investigation and prosecution of acts of violence against women and impose restitution. It also established the Office on Violence Against Women in the Department of Justice.
Throughout its 20 years of reauthorizations, tribal leaders had partnered with the advocacy groups, having to explain to many in Congress the realities of living on a reservation. Tribal jurisdiction continued to be debated last year — largely around questions of whether non-Native American offenders would be treated fairly in tribal judicial systems.
To be eligible, tribes must have a criminal justice system that provides representation for defendants, provide non-Native Americans in a jury, and inform defendants of their right to file federal habeas corpus petitions. The U.S. Attorneys, state and local prosecution offices continue to hold the same authority to prosecute crimes in Indian country if tribes cannot afford prosecution costs or if further charges are pending.
Native women
According to the Indian Law Resource Center: “One in three Native women will be raped in their lifetime, and three in five will be physically assaulted. Native women are more than twice as likely to be stalked than other women and, even worse, Native women are being murdered at a rate ten times the national average.”
These statistics only take reported cases into account, and they also fail to include data on violence against Native American girls, which is estimated to also be “disproportionately high.”
“Young women on the reservation live their lives in anticipation of being raped,” said Juana Majel Dixon, 1st vice president of the National Congress of American Indians and co-chair of the NCAI Task Force on Violence Against Women. “They talk about, ‘How will I survive my rape?’ as opposed to not even thinking about it. We shouldn’t have to live our lives that way.”
The Indian Law Resource Center, the NCAI Task Force on Violence Against Women, Clan Star, Inc., National Indigenous Women’s Resource Center, and other Native American women’s organizations have also turned to the international human rights community for help in the past.
In the summer of 2010, nearly 2,000 Indigenous representatives from around the world gathered at the Headquarters of the United Nations in New York for the ninth session of the Permanent Forum on Indigenous Issues.
Discussion turned to the issue of people from outside Indigenous communities entering these communities to commit abuses against Indigenous women, effectively making such behavior part of these women’s homes and communities. Speakers from Mexico, Kenya and New Zealand emphasized the necessity of Indigenous communities establishing programs relevant to them, as well as holistic approaches, environmental health and government policies to eliminate abuses such as genital mutilation.
Women of the Haudenosaunee, the Maori of New Zealand, Wara Wara of Australia, the peoples of the Lakota, Tibetan and Hawai’i nations came out of the shadows and spoke of disruptions to womanhood.
The U.N. and the Organization of American States began examining the situation of American Indian women. In 2011, Rashida Manjoo, U.N. Special Rapporteur on the Rights of Women, presented her report to the U.N. General Assembly in New York, telling the United States to “consider restoring, in consultation with Native-American tribes, tribal authority to enforce tribal law over all perpetrators, both Native and non-Native, who commit acts of sexual and domestic violence within their jurisdiction.”
After touring Native American territories for a month in the U.S., James Anaya, U.N. Special Rapporteur on the Rights of Indigenous Peoples, went before the U.N. Human Rights Council in Geneva in September 2012 and recommended that the U.S. put creating legislation to protect Native American women as an immediate priority.
The reality of the lives of women around the world started being documented in 1946, when the U.N. created a Commission on the Status of Women. At first focusing on the need for education and employment, by the spring of 2013 the theme of the 57th session of the commission was “Elimination and prevention of all forms of violence against women and girls.”
When it became clear that a cooperative environment could promote protections, space was made to include the Indigenous voice to the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child and the U.N.’s Declaration on the Rights of Indigenous People.
The 2013 report by the U.N.’s Permanent Forum on Indigenous Issues and the International Indigenous Women’s Forum was called “Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women,” based on analysis of data from Africa, the Asia-Pacific region and Latin America. The Indigenous Women’s Rights, Violence and Reproductive Health forum, meanwhile, underlined the need for grassroots programs that reach community members and can set precedents.
In February 2013, Manjoo and Anaya urged the U.S. House of Representatives to approve a revised version of VAWA that would extend protections to not only Native American women, but also to immigrant and gay victims of violence and sexual abuse.
“Congress should act promptly to pass key reforms to the Violence Against Women Act that bolster indigenous tribes’ ability to prosecute cases involving violence against indigenous women,” Anaya said, urging the House to approve the version of the act already approved by the Senate that month.
The OAS’ 2011 Inter-American Human Rights Commission also produced a report, “Violence Against Native Women in the United States,” expressing concern about violence against women in Honduras, Nicaragua, Colombia and the U.S., urging laws, policies and programs in collaboration with the women.
Confederated Tribes of the Umatilla Indian Reservation in Oregon
Given the porous borders of reservations, there’s usually frequent interaction between Native Americans and non-Native Americans and a limited scope for ensuring public safety in Indian country.
“VAWA was really needed in Indian Country,” said M. Brent Leonhard, an attorney for the Confederated Tribes of the Umatilla who was instrumental in crafting the language of VAWA applied in the tribe. “Historically, the federal government didn’t prosecute and it didn’t get reported to them.”
According to statistics cited by the Indian Law Research Center, more than 88 percent of violent crimes committed against Native American women are committed by non-Native Americans over which tribal governments lack any criminal jurisdiction under U.S. law. In 66 percent of the crimes in which the race of the perpetrator was reported, Native Americans victims indicated that the offender was not Native American.
Leonhard told MintPress that the latest changes to VAWA will give communities more confidence in their tribe’s ability to deal with an assault and be more comfortable in reporting it.
“We’re seeing at least 80 percent of those who come to our family violence program have not reported incidents to the police,” he said. “They seek help here but they won’t go to outside systems.”
The Umatilla are located near the city of Pendleton, where the FBI is stationed and can respond quickly to crimes. But for other reserves, federal law enforcement bodies may be as many as four hours away. For example, in Alaska, Leonhard said, “the problem is horrendous.”
The act legislatively reversed the U.S. Supreme Court decision in Oliphant v.Suquamish Indian Tribe, 435 U.S. 191 (1978), which held that inherent tribal sovereignty did not exist and “Indian tribes do not have inherent jurisdiction to try and to punish non-Indians.”
Leonhard said the Obama administration has been supportive of issues in American Indian territory. On July 21, 2011, Ronald Weich, assistant attorney general for the Office of Legislative Affairs, wroteto Vice President Joseph Biden and proposed the amendment to VAWA thatwould create the pilot project.
Pascua Yaqui Tribe of Arizona
Since the pilot program began in March, the Pascua Yaqui Tribe has tried more than a dozen cases involving non-Indians abusing Native American women.
VAWA does not cover crimes committed against Native American women by strangers or those who may live or work on a reservation but are not considered to be dating or in relationship with a Native American woman.
There’s a lot being defined as the process moves forward. “Dating,” for instance, is being questioned: Can it apply to a chance meeting at a restaurant between two people who have just met?
“We’ve found most of our defendants have been in relationships,” Alfred Urbina, the tribe’s attorney general, told MintPress. “Most have been contacted by tribal police six to 10 times, already have felonies on their record or are unemployed.”
To exercise the authority, a tribe must guarantee that a defendant’s rights are similar to those guaranteed by the U.S. Constitution, such as the right to a public defender and effective assistance of counsel. Tribes must also include non-American Indians in jury pools. For tribes with many enterprises that employ non-Native Americans, this is not an issue, but for those without such enterprises, this presents a problem.
Meanwhile, tribes must provide a public defender only if the offender is indigent,which also raises questions regarding who pays the costs associated with probation or treatment, or if an offender is homeless or if an offender needs to be monitored in another town.
“These are all questions we’re running into,” Urbina said. “We’re near Tucson and able to draw on defense attorneys and other resources. But for others who are remote from metropolitan areas, for instance the Diné, this will be difficult.”
Under the Indian Civil Rights Act, nations are limited to the amount of time they can sentence an offender to prison. The Yaqui constitution currently limits sentences to one year, while other tribes can sentence offenders to up to three years. For a case involving strangulation or another form of attempted murder, these sentencing limitations often mean that the cases are sent to U.S. Attorneys for further prosecution.
Meanwhile, some opt to leave criminal matters to the Bureau of Indian Affairs or FBI. The federal government deals with regional problems, so one reservation may be just a small part of an agent’s 100-mile radius. “It could be days before a person gets out to investigate a crime,” said Urbina.
While it’s brought benefits to those under the three pilot projects, Urbina said most reserves won’t have resources to put the program in place. (He estimated that about 30 would have adequate resources for implementing the program.)
The number of Native American women reporting abuse represents just small percentage of the reality, he added.
“If you don’t have jurisdiction over these crimes, you’re not going to collect data,” he said. “It can be decades a community puts up with rape and violent cases. You’re not going to find trust.”
Most tribes have victims services and access to federal grants to fund help for victims, and VAWA strengthens the trust Urbina mentioned by putting the response back into the hands of the nation’s people.
SACRAMENTO >> Native American legislation seemingly opposed by thousands was significantly altered before it was passed by the California Senate on Wednesday.
AB 52, a bill co-authored by Assemblyman Luis Alejo, D-Watsonville, is designed to give Native American tribes more power in the state’s environmental laws, but it galvanized non-federally recognized tribes not included in the bill.
Non-federally recognized tribes pestered lawmakers for months and started an online petition which gathered 8,386 signatures.
In the amended version, both federally and non-federally recognized tribes are included in the definition of a tribe and non-federally recognized tribes were included in the California Environmental Quality Act, or CEQA.
“Although there are still a few sections where we have some reservations, overall, AB 52 in its final draft reflects the two big changes our coalition requested,” said Angela Mooney D’Arcy, executive director of the Sacred Places Institute for Indigenous Peoples.
Alejo spokesman John de los Angeles said the assemblyman passed on concerns some Native Americans had with the bill, especially from his own district, to its main author, Assemblyman Mike Gatto, D-Los Angeles.
Efforts to reach Gatto were unsuccessful.
The bill passed in the Senate 35-0. It must now go back to the Assembly because of the many amendments in the Senate. After that, it can go to Gov. Jerry Brown.
After the changes were announced, signers of the petition on Changes.com expressed delight.
“Congratulations to all the CA tribes,” wrote Carolyn Kualii. “This is a move in the right direction!”
The bill still faces major opposition from business groups because they fear it will result in more CEQA litigation because of claims of tribal heritage at development sites.
The Sacramento Bee editorial board put AB 52 on its “three bills for the governor to kill” list because of classifications of “sacred places” and “cultural resources.”
“The definition is left so open-ended it would add a new layer of anxiety to what is already a horror movie of an environmental review process,” it wrote.
There are 110 federally recognized tribes in California and 78 tribal communities petitioning for recognition, including three in Monterey County, according to the Judicial Council of California.
Louise Miranda Ramirez, tribal chairwoman of the local Ohlone/Costanoan-Esselen Nation, said she was still concerned about some of the language which allows lead agencies in some cases to “consider” mitigation measures (rather than “select,” as it said before.).
Ultimately, she said she was pleased with the changes but questioned why the bill “was so broken in the first place.”
Last winter, months before your Facebook feed started filling with videos of folks taking the “ice-bucket challenge,” Native Americans did the “winter challenge.” Participants jumped in ice-cold streams or banks of snow and challenged others to do the same. Imagine what could happen if Indian Country focused social media on addressing health or civic issues.
Last winter, Native Americans adapted an old practice of private challenges to the new platform of social media. A swarm of Canadian cold-water plunges resulted.
I remember getting in trouble as a teenager. The story beat me home. I was stunned at the velocity of information in a small community. The chain went like this: Something happened. People talked. And the story spread. Fast.
I guess that’s why social media, to me, is an old form of storytelling. It’s how we naturally tell stories, spreading the word to one friend (or follower) in real time. And then another. And again. But while the forum is essentially the same, there are two new twists: the use of digital tools and the increased size of our network. (A generation ago our “network” might be a few friends gathered for coffee at the trading post. Today it’s a thousand friends on Facebook, their thousand friends, and definitely more on Twitter, Tumblr or Snapchat.)
The ice-bucket challenge to raise money to prevent ALS — Amyotrophic lateral sclerosis — or Lou Gehrig’s Disease is a great example of how social media works. The brilliant campaign has earned more than $70 million with the goal of creating a world “without ALS!”
Every day my Facebook feed has new posts from someone taking this challenge.
Of course this whole challenge thing is familiar anyway. It’s a lot like the Winter Challenge that spread across Canada and Indian Country. Carielynn Victor, from Chilliwack, B.C., told Global News Canada that the idea was not a new one, but the concept of taking it public was new.
So why ALS? It’s a fabulous cause and worth doing. That said: What if Indian Country could harness social media to affect the diseases that are killing most of our friends and family?
So heart disease is the leading killer in Indian Country. What if we raised money for research and action for American Indians and Alaska Natives? Or diabetes? Or any disease that affects most of us. It could be money targeted to make a real difference in our lives.
Then, the power of social media is not just about money. Imagine what we could do to health disparities if social media challenged tens of thousands of people to walk more. Or eat better. Then post results in real time so that we all stay on task.
Beyond disease and public health, social media could be used to “challenge” American Indians and Alaska Natives to register and vote at levels that are unprecedented. If the same intensity of the winter challenge, or the ice bucket challenge, or any social media phenomenon, was applied to November’s balloting, well, it would upend the status quo. Guaranteed.
One reason the winter challenge and the ice-bucket challenge worked so well is that they were simple to do, and easy to pass along virally. It’s fun to see a friend jump in a creek. We laugh at the way people met their challenge. (I did a snow angel in the shadow of Denali courtesy of Laura John at the Montana Policy and Budget Center.)
So any election challenge must be simple and fun. And be specific. Laura challenged me. Then I added friends, creating an exponential network.
There have already been some really smart efforts to increase Native voting. Indeed, the last election cycle produced record numbers. In New Mexico and Montana, for example, Native Americans voted at a higher percentage than the general population, 77% and 64%. That could be across the country. Especially in Alaska, Oklahoma, Arizona, the Dakotas. Already this year, the National Congress of American Indians has called for a summer of action for the Native Vote (there was a Google hangout that explores details) to do just that.
Now it’s time to add to those efforts and tap the awesome power that is social media. If we can ask our friends to jump into a creek, we sure as hell can ask them to vote. We ought to do that in a video and on our Facebook page. Let’s take the ice bucket into the voting booth and really change the country.
Mark Trahant serves as the Atwood Chair at the University of Alaska Anchorage. He is an independent journalist and a member of The Shoshone-Bannock Tribes. For up-to-the-minute posts, download the free Trahant Reports app for your smart phone or tablet.
