Descendants of Sitting Bull, Crazy Horse break away from US
Thu Dec 20, 1:16 AM ET
The Lakota Indians, who gave the world legendary warriors Sitting Bull and Crazy Horse, have withdrawn from treaties with the United States, leaders said Wednesday.
"We are no longer citizens of the United States of America and all those who live in the five-state area that encompasses our country are free to join us," long-time Indian rights activist Russell Means told a handful of reporters and a delegation from the Bolivian embassy, gathered in a church in a run-down neighborhood of Washington for a news conference.
A delegation of Lakota leaders delivered a message to the State Department on Monday, announcing they were unilaterally withdrawing from treaties they signed with the federal government of the United States, some of them more than 150 years old.
They also visited the Bolivian, Chilean, South African and Venezuelan embassies, and will continue on their diplomatic mission and take it overseas in the coming weeks and months, they told the news conference.
Lakota country includes parts of the states of Nebraska, South Dakota, North Dakota, Montana and Wyoming.
The new country would issue its own passports and driving licences, and living there would be tax-free -- provided residents renounce their US citizenship, Means said.
The treaties signed with the United States are merely "worthless words on worthless paper," the Lakota freedom activists say on their website.
The treaties have been "repeatedly violated in order to steal our culture, our land and our ability to maintain our way of life," the reborn freedom movement says.
Withdrawing from the treaties was entirely legal, Means said.
"This is according to the laws of the United States, specifically article six of the constitution," which states that treaties are the supreme law of the land, he said.
"It is also within the laws on treaties passed at the Vienna Convention and put into effect by the US and the rest of the international community in 1980. We are legally within our rights to be free and independent," said Means.
The Lakota relaunched their journey to freedom in 1974, when they drafted a declaration of continuing independence -- an overt play on the title of the United States' Declaration of Independence from England.
Thirty-three years have elapsed since then because "it takes critical mass to combat colonialism and we wanted to make sure that all our ducks were in a row," Means said.
One duck moved into place in September, when the United Nations adopted a non-binding declaration on the rights of indigenous peoples -- despite opposition from the United States, which said it clashed with its own laws.
"We have 33 treaties with the United States that they have not lived by. They continue to take our land, our water, our children," Phyllis Young, who helped organize the first international conference on indigenous rights in Geneva in 1977, told the news conference.
The US "annexation" of native American land has resulted in once proud tribes such as the Lakota becoming mere "facsimiles of white people," said Means.
Oppression at the hands of the US government has taken its toll on the Lakota, whose men have one of the shortest life expectancies -- less than 44 years -- in the world.
Lakota teen suicides are 150 percent above the norm for the United States; infant mortality is five times higher than the US average; and unemployment is rife, according to the Lakota freedom movement's website.
"Our people want to live, not just survive or crawl and be mascots," said Young.
"We are not trying to embarrass the United States. We are here to continue the struggle for our children and grandchildren," she said, predicting that the battle would not be won in her lifetime.
Thursday, December 20, 2007
Friday, December 7, 2007
Navajo president published in law review
For Immediate Release: December 5, 2007
Navajo Nation Office of the President & Vice President
www.opvp.org
Navajo President Joe Shirley, Jr.'s, speech published in law review to commemorate founding of Jamestown, Virginia, 400 years ago
WINDOW ROCK, Ariz.- Navajo Nation President Joe Shirley, Jr., has been published in the Richmond Law Review's Jamestown Commemorative issue.
The President's speech, "Native America and the Rule of Law," presented during the University of Richmond School of Law's April 2007 Rule of Law Conference, was published as one of four articles from the four-day conference.
Also published in the same issue was "Global Issues and the Rule of Law" by Lord Chief Justice Nicholas Phillips of Worth Matravers, Lord Chief Justice of England and Wales; "Human Rights in China and the Rule of Law" by Xu Wenli, Senior Fellow at the Watson Institute for International Studies at Brown University; and "Social Justice and the Law" by Elaine R. Jones, the former President and Director-Counsel of the NAACP's Legal Defense and Educational Fund, Inc
As part of a national effort to commemorate the founding of the first permanent English settlement, the University of Richmond School of Law hosts the Rule of Law Conference
Jamestown founded on May 14, 1607. It is located on Jamestown Island in the Virginia Colony. It is commonly regarded as the first permanent English settlement in what is now the United States, following several earlier failed attempts. It became the first capital of the colony for 92 years, until 1699, when it was relocated to Williamsburg.
TO READ THE FULL STORY CLICK HERE
TO READ THE LAW REVIEW CLICK HERE
Navajo Nation Office of the President
George Hardeen,
Communications Director
E-mail: pressoffice@opvp.org
Ofc: 928-871-7917 Cell: 928-309-8532
Navajo Nation Office of the President & Vice President
www.opvp.org
Navajo President Joe Shirley, Jr.'s, speech published in law review to commemorate founding of Jamestown, Virginia, 400 years ago
WINDOW ROCK, Ariz.- Navajo Nation President Joe Shirley, Jr., has been published in the Richmond Law Review's Jamestown Commemorative issue.
The President's speech, "Native America and the Rule of Law," presented during the University of Richmond School of Law's April 2007 Rule of Law Conference, was published as one of four articles from the four-day conference.
Also published in the same issue was "Global Issues and the Rule of Law" by Lord Chief Justice Nicholas Phillips of Worth Matravers, Lord Chief Justice of England and Wales; "Human Rights in China and the Rule of Law" by Xu Wenli, Senior Fellow at the Watson Institute for International Studies at Brown University; and "Social Justice and the Law" by Elaine R. Jones, the former President and Director-Counsel of the NAACP's Legal Defense and Educational Fund, Inc
As part of a national effort to commemorate the founding of the first permanent English settlement, the University of Richmond School of Law hosts the Rule of Law Conference
Jamestown founded on May 14, 1607. It is located on Jamestown Island in the Virginia Colony. It is commonly regarded as the first permanent English settlement in what is now the United States, following several earlier failed attempts. It became the first capital of the colony for 92 years, until 1699, when it was relocated to Williamsburg.
TO READ THE FULL STORY CLICK HERE
TO READ THE LAW REVIEW CLICK HERE
Navajo Nation Office of the President
George Hardeen,
Communications Director
E-mail: pressoffice@opvp.org
Ofc: 928-871-7917 Cell: 928-309-8532
Thursday, November 15, 2007
Native Authors Earn Recognition
Excellent News - not only did Sherman Alexie win a National Book Award last night in New York City for his young adult novel, The Absolutely True Diary of a Part-Time Indian,
but also N. Scott Momaday is being honored at the White House today. See the following links to read more about both of these amazing Native authors.
2007 National Book Award Winner, Young People's Literature:
Sherman Alexie, The Absolutely True Diary of a Part-Time Indian
Little, Brown & Company
Thursday, November 15, 2007
Bush adding to poet's honors
By M.J. Van Deventer
http://newsok.com/article/3169308/?print=1
NewsOK.com - Oklahoma City,OK,USA
Oklahoma Centennial Poet Laureate N. Scott Momaday will receive the National Medal of Arts in a ceremony at the White House today. President Bush announced the 10 recipients for 2007 on Monday.
Momaday is the only Oklahoman and the only author to be honored. The recipients will be honored in a ceremony in the East Room of the White House this morning. President and Mrs. Laura Bush will present the awards.
The National Endowment for the Arts manages the National Medal of Arts nomination process and notified the recipients of their selection to receive the medal, the nation's highest honor for artistic excellence.
"We are delighted that N. Scott Momaday has received this distinguished honor for his contributions to American literature. His books, poetry and memoirs, which so lyrically celebrate Native American culture, have made a historic contribution to our national letters,” NEA chairman Dana Gioia said.
Established by Congress in 1984, the National Medal of Arts goes to recipients based on their contribution to the creation, growth and support of the arts in the United States.
"Scott is one of those rare individuals who belong to Oklahoma and to the world,” said Betty Price, former executive director of the Oklahoma Arts Council. She will attend the ceremony.
"His generous spirit touches our lives — both Indian and non-Indian. He is among the few honored ones who have been named an Official Oklahoma Cultural Treasure. His compositions allow us to see the world through his eyes and have enriched our national culture,” Price said.
Momaday is the third Oklahoman to receive the honor. Ballerina Maria Tallchief and sculptor Allan Houser were previous recipients.
Momaday is a Pulitzer Prize- wining writer who celebrates American Indian art and oral tradition in his novels and essays. A member of the Kiowa tribe, he also is a poet, painter, playwright, photographer, storyteller and professor of English.
Gov. Brad Henry named Momaday the Oklahoma Centennial State Poet Laureate on July 12 at an Oklahoma History Centerceremony.
Momaday, whose first name is Navarre, was born in Lawton on Feb. 27, 1934. Momaday learned the Navajo, Apache and Pueblo Indian cultures of the Southwest while growing up because both his mother and father taught on Indian reservations in Arizona and New Mexico.
After receiving his undergraduate degree from the University of New Mexico, Momaday won a poetry fellowship to the creative writing program at Stanford University.
He earned a doctorate in English literature there in 1963, and took a teaching position at the University of California in Santa Barbara.
Of Momaday's books, "The Way To Rainy Mountain," written in 1969, and "The Names,” written in 1976, emphasize the importance of landscape and heritage. His collections of poetry include most recently, "In The Presence Of The Sun,” published in 1992, and "In The Bear's House,” published in 1999. A new collection of poetry is in progress.
Momaday divides his time between Oklahoma City and Santa Fe, N.M., where he is a senior scholar at the School for Advanced Research.
He is the founder and chairman of The Buffalo Trust, a nonprofit foundation for the preservation and restoration of Native American culture, a founding trustee of the National Museum of the American Indian in Washington and a founding member of The Stewardship Council of the Autry Center for the American West in Los Angeles.
but also N. Scott Momaday is being honored at the White House today. See the following links to read more about both of these amazing Native authors.
2007 National Book Award Winner, Young People's Literature:
Sherman Alexie, The Absolutely True Diary of a Part-Time Indian
Little, Brown & Company
Thursday, November 15, 2007
Bush adding to poet's honors
By M.J. Van Deventer
http://newsok.com/article/3169308/?print=1
NewsOK.com - Oklahoma City,OK,USA
Oklahoma Centennial Poet Laureate N. Scott Momaday will receive the National Medal of Arts in a ceremony at the White House today. President Bush announced the 10 recipients for 2007 on Monday.
Momaday is the only Oklahoman and the only author to be honored. The recipients will be honored in a ceremony in the East Room of the White House this morning. President and Mrs. Laura Bush will present the awards.
The National Endowment for the Arts manages the National Medal of Arts nomination process and notified the recipients of their selection to receive the medal, the nation's highest honor for artistic excellence.
"We are delighted that N. Scott Momaday has received this distinguished honor for his contributions to American literature. His books, poetry and memoirs, which so lyrically celebrate Native American culture, have made a historic contribution to our national letters,” NEA chairman Dana Gioia said.
Established by Congress in 1984, the National Medal of Arts goes to recipients based on their contribution to the creation, growth and support of the arts in the United States.
"Scott is one of those rare individuals who belong to Oklahoma and to the world,” said Betty Price, former executive director of the Oklahoma Arts Council. She will attend the ceremony.
"His generous spirit touches our lives — both Indian and non-Indian. He is among the few honored ones who have been named an Official Oklahoma Cultural Treasure. His compositions allow us to see the world through his eyes and have enriched our national culture,” Price said.
Momaday is the third Oklahoman to receive the honor. Ballerina Maria Tallchief and sculptor Allan Houser were previous recipients.
Momaday is a Pulitzer Prize- wining writer who celebrates American Indian art and oral tradition in his novels and essays. A member of the Kiowa tribe, he also is a poet, painter, playwright, photographer, storyteller and professor of English.
Gov. Brad Henry named Momaday the Oklahoma Centennial State Poet Laureate on July 12 at an Oklahoma History Centerceremony.
Momaday, whose first name is Navarre, was born in Lawton on Feb. 27, 1934. Momaday learned the Navajo, Apache and Pueblo Indian cultures of the Southwest while growing up because both his mother and father taught on Indian reservations in Arizona and New Mexico.
After receiving his undergraduate degree from the University of New Mexico, Momaday won a poetry fellowship to the creative writing program at Stanford University.
He earned a doctorate in English literature there in 1963, and took a teaching position at the University of California in Santa Barbara.
Of Momaday's books, "The Way To Rainy Mountain," written in 1969, and "The Names,” written in 1976, emphasize the importance of landscape and heritage. His collections of poetry include most recently, "In The Presence Of The Sun,” published in 1992, and "In The Bear's House,” published in 1999. A new collection of poetry is in progress.
Momaday divides his time between Oklahoma City and Santa Fe, N.M., where he is a senior scholar at the School for Advanced Research.
He is the founder and chairman of The Buffalo Trust, a nonprofit foundation for the preservation and restoration of Native American culture, a founding trustee of the National Museum of the American Indian in Washington and a founding member of The Stewardship Council of the Autry Center for the American West in Los Angeles.
Sunday, October 14, 2007
Vernon Bellecourt Passes
R.I.P.Vernon BellecourtDate: Oct 13, 2007 10:46 PM
AIM Leader Vernon Bellecourt Dies at 75
MINNEAPOLIS (AP) — Vernon Bellecourt, a longtime leader of the American Indian Movement who fought against the use of American Indian nicknames for sports teams, died Saturday his brother said. He was 75.
Bellecourt died at Abbott Northwestern Hospital of complications of pneumonia, according to Clyde Bellecourt, a founding member of the militant American Indian rights group. Just before he was put on the respirator, Vernon Bellecourt joked that the CIA had finally gotten him, his brother said.
"He was willing to put his butt on the line to draw attention to racism in sports," his brother said.
Vernon Bellecourt — whose Objibwe name WaBun-Inini means Man of Dawn — was a member of Minnesota's White Earth band and was an international spokesman for the AIM Grand Governing Council based in Minneapolis.Clyde Bellecourt helped found AIM as a militant group in 1968 and Vernon Bellecourt soon became involved, taking part in the 1973 occupation of the town of Wounded Knee on the Pine Ridge reservation in South Dakota. He was present only briefly during the 71-day standoff with federal agents, serving mostly as a spokesman and fundraiser, Clyde Bellecourt said.
He was active in the campaign to free AIM activist Leonard Peltier, who was convicted of killing two FBI agents during a shootout in 1975 on the Pine Ridge reservation.He was also involved as a negotiator in AIM's 1972 occupation of the Bureau of Indian Affairs headquarters in Washington as part of the Trail of Broken Treaties caravan.In recent years, Bellecourt had been active in the fight against American Indian nicknames for sports teams as president of the National Coalition on Racism in Sports and Media.
He was arrested in Cleveland during the 1997 World Series and again in 1998 during protests against the Cleveland Indians' mascot, Chief Wahoo. Charges were dropped the first time and he was never charged in the second case.After Wounded Knee, Vernon Bellecourt became a leader of AIM's work abroad, meeting with presidents such as Daniel Ortega of Nicaragua, Palestinian leader Yasser Arafat and Libyan leader Moammar Gadhafi, his brother said. He said they plan to list them as honorary pallbearers.
Clyde Bellecourt said his brother had been in Venezuela about four weeks ago to meet with President Hugo Chavez to discuss Chavez' program for providing heating assistance to American Indian tribes. He fell ill around the time of his return, Clyde Bellecourt said.
*PLEASE PRAY FOR THE FAMILY OF VERNON BELLECOURT*
Vernon Bellecourt (WaBun-Inini)
SERVICES:
MONDAY, October 15, 2007
PMALL NATIONS CHURCH
1515 East 23rd Street, Minneapolis, Minnesota
TUESDAY, October 16, 2007
Circle of Life School, White Earth, Minnesota
WEDNESDAY
Funeral, White Earth, Minnesota
For further information contact Clyde Bellecourt at 612-251-5836
Donations needed and accepted
He was arrested in Cleveland during the 1997 World Series and again in 1998 during protests against the Cleveland Indians' mascot, Chief Wahoo. Charges were dropped the first time and he was never charged in the second case.After Wounded Knee, Vernon Bellecourt became a leader of AIM's work abroad, meeting with presidents such as Daniel Ortega of Nicaragua, Palestinian leader Yasser Arafat and Libyan leader Moammar Gadhafi, his brother said. He said they plan to list them as honorary pallbearers.
Clyde Bellecourt said his brother had been in Venezuela about four weeks ago to meet with President Hugo Chavez to discuss Chavez' program for providing heating assistance to American Indian tribes. He fell ill around the time of his return, Clyde Bellecourt said.
*PLEASE PRAY FOR THE FAMILY OF VERNON BELLECOURT*
Vernon Bellecourt (WaBun-Inini)
SERVICES:
MONDAY, October 15, 2007
PMALL NATIONS CHURCH
1515 East 23rd Street, Minneapolis, Minnesota
TUESDAY, October 16, 2007
Circle of Life School, White Earth, Minnesota
WEDNESDAY
Funeral, White Earth, Minnesota
For further information contact Clyde Bellecourt at 612-251-5836
Donations needed and accepted
Thursday, October 11, 2007
American Indian lawsuit sparked by Montana woman being heard
Oct 10, 2007 07:26 AM CDT
Reporting from KPAX in Missoula
Some 11 years ago a woman from Montana sued the federal Interior Department over money owed to Native Americans and over time that suit by Elouise Cobell of Browning became the largest class action ever filed against the U.S. government.
Come Wednesday Cobell will be in a federal courtroom in Washington, D.C. as her case goes to trial for the second time. At issue is whether or nit the government can provide an accounting for money that it held in trust for half a 500,000 people.
Cobell believes that if she wins it could be the key to ending the lawsuit.
"Then we can come up with an amount that is due Indian beneficiaries. Actually it's called the remedy. And then we would be able to come up with a rough justice figure about how much is owed. I think we're a huge step closer to people getting their money."
Cobell and her lawyers believe the government could owe Native Americans hundreds of billions of dollars in principal and interest dating back to the 1800's.
Two years ago Cobell's legal team offered to settle the case for $27 billion.
For a full list of documents that have been produced in this ongoing (since 1996) litigation:
see Indian Trust: Cobell v. Kempthorne
Oct 10, 2007 07:26 AM CDT
Reporting from KPAX in Missoula
Some 11 years ago a woman from Montana sued the federal Interior Department over money owed to Native Americans and over time that suit by Elouise Cobell of Browning became the largest class action ever filed against the U.S. government.
Come Wednesday Cobell will be in a federal courtroom in Washington, D.C. as her case goes to trial for the second time. At issue is whether or nit the government can provide an accounting for money that it held in trust for half a 500,000 people.
Cobell believes that if she wins it could be the key to ending the lawsuit.
"Then we can come up with an amount that is due Indian beneficiaries. Actually it's called the remedy. And then we would be able to come up with a rough justice figure about how much is owed. I think we're a huge step closer to people getting their money."
Cobell and her lawyers believe the government could owe Native Americans hundreds of billions of dollars in principal and interest dating back to the 1800's.
Two years ago Cobell's legal team offered to settle the case for $27 billion.
For a full list of documents that have been produced in this ongoing (since 1996) litigation:
see Indian Trust: Cobell v. Kempthorne
Wednesday, October 10, 2007
Tribal Defense Attorney Group
The following message was forwarded to me by Lori Guevara, who serves as a Trustee for the Washington State Bar Association's Indian Law Section. She wanted me to get the word out about this group - so feel free to pass the following information on to whomever may be interested. Thank you.
We are pleased to announce the creation of a new national web page and listserve for attorneys, law students and lay advocates who represent native defendants in criminal proceedings before tribal courts! So far we have over 30 individuals participating from across the county ( i.e. Arizona, Washington, Oregon, Michigan, Colorado, and Minnesota), which includes public defenders from such tribes as Swinomish, Lummi, Tulalip, Umatilla, Pascua Yaqui, Navajo, Gila River, Tohono O'odham, Southern Ute, Sault Ste Marie, Bay Mills, Mississippi Choctaw and attorneys from Indian legal aid offices that provide criminal representation in tribal courts. We have had discussions concerning such things as the ICRA, mental competency hearings, and funding sources. The web site is http://groups.yahoo.com/group/tribaldefenseattorneys/. Because it is a "closed" group, it does required the approval of a moderator to join and have access. We would love to have all tribal public defenders and defense attorneys join us.
Thank you,
Cami
--
Cameron Ann Fraser
Michigan Indian Legal Services
814 S Garfield Avenue, Suite A
Traverse City, MI 49686
(231) 947-0122
cfraser@mils.org
We are pleased to announce the creation of a new national web page and listserve for attorneys, law students and lay advocates who represent native defendants in criminal proceedings before tribal courts! So far we have over 30 individuals participating from across the county ( i.e. Arizona, Washington, Oregon, Michigan, Colorado, and Minnesota), which includes public defenders from such tribes as Swinomish, Lummi, Tulalip, Umatilla, Pascua Yaqui, Navajo, Gila River, Tohono O'odham, Southern Ute, Sault Ste Marie, Bay Mills, Mississippi Choctaw and attorneys from Indian legal aid offices that provide criminal representation in tribal courts. We have had discussions concerning such things as the ICRA, mental competency hearings, and funding sources. The web site is http://groups.yahoo.com/group/tribaldefenseattorneys/. Because it is a "closed" group, it does required the approval of a moderator to join and have access. We would love to have all tribal public defenders and defense attorneys join us.
Thank you,
Cami
--
Cameron Ann Fraser
Michigan Indian Legal Services
814 S Garfield Avenue, Suite A
Traverse City, MI 49686
(231) 947-0122
cfraser@mils.org
Navajo president addresses crime issues at Native law enforcement conference
For Immediate Release: October 5, 2007
Navajo Nation Office of the President & Vice President
www.opvp.org
Navajo President Joe Shirley, Jr., addresses Native crime before National Native American Law Enforcement Assoc. conference
MEMPHIS, Tenn.- Navajo Nation President Joe Shirley, Jr., has credited the National Native American Law Enforcement Association with helping to elevate the profile of tribal law enforcement agencies and bring greater attention to the needs of tribes nationally.
The President made his comments Tuesday during the opening session of NNALEA's 15th annual training conference here.
Approximately 600 participants attended the conference. Also representing the Navajo Nation was Navajo Division of Public Safety Director Samson Cowboy, Navajo Police Chief Jim Benally and Navajo Nation Emergency Management Incident Commander Johnny Johnson.
NNALEA is a nonprofit organization to promote and foster mutual cooperation between American Indian Law Enforcement Officers/Agents/Personnel, their agencies, tribes, private industry and public.
"In this day and age, it seems every which way we turn our sovereignty as individuals, as families, as communities, as nations is tested by crime," President Shirley said.
TO READ THE FULL STORY CLICK HERE
Audio:
President Shirley 1
President Shirley 2
President Shirley 3
President Shirley 4
Navajo Nation Office of the President
George Hardeen,
Communications Director
E-mail: pressoffice@opvp.org
Ofc: 928-871-7917 Cell: 928-309-8532
Navajo Nation Office of the President & Vice President
www.opvp.org
Navajo President Joe Shirley, Jr., addresses Native crime before National Native American Law Enforcement Assoc. conference
MEMPHIS, Tenn.- Navajo Nation President Joe Shirley, Jr., has credited the National Native American Law Enforcement Association with helping to elevate the profile of tribal law enforcement agencies and bring greater attention to the needs of tribes nationally.
The President made his comments Tuesday during the opening session of NNALEA's 15th annual training conference here.
Approximately 600 participants attended the conference. Also representing the Navajo Nation was Navajo Division of Public Safety Director Samson Cowboy, Navajo Police Chief Jim Benally and Navajo Nation Emergency Management Incident Commander Johnny Johnson.
NNALEA is a nonprofit organization to promote and foster mutual cooperation between American Indian Law Enforcement Officers/Agents/Personnel, their agencies, tribes, private industry and public.
"In this day and age, it seems every which way we turn our sovereignty as individuals, as families, as communities, as nations is tested by crime," President Shirley said.
TO READ THE FULL STORY CLICK HERE
Audio:
President Shirley 1
President Shirley 2
President Shirley 3
President Shirley 4
Navajo Nation Office of the President
George Hardeen,
Communications Director
E-mail: pressoffice@opvp.org
Ofc: 928-871-7917 Cell: 928-309-8532
Friday, October 5, 2007
A Practical Guide to the Indian Child Welfare Act
BOULDER, CO-NARF is proud to announce the publication of its new "Practical Guide to the Indian Child Welfare Act." The Guide, available both on the Internet and in print, is a powerful resource tool for tribal, state and federal entities involved in Indian child custody proceedings. Among the wealth of contents and resources is frequently asked questions with answers falling under 22 topics, including:
Application of the ICWA
Jurisdiction
Who has rights under the Act
Intervention
Role of Tribal Courts
Tribal State Agreements
Foster placement & removal
Resources
The Internet version, available at www.narf.org/icwa, also contains more than 1,000 full-text resources.
Application of the ICWA
Jurisdiction
Who has rights under the Act
Intervention
Role of Tribal Courts
Tribal State Agreements
Foster placement & removal
Resources
The Internet version, available at www.narf.org/icwa, also contains more than 1,000 full-text resources.
The ICWA Practical Guide Project was generously funded by the Administration for Native Americans, with supplemental funding by the Morongo Band of Mission Indians, and supported by NICWA as a key partner. NARF and an Advisory Board-made up of multi-disciplinary team consisting of members of tribal courts, tribal ICWA departments, state governments, Indian law practitioners, Native non-profit organizations, law firms and urban Indian centers-provided guidance on the comprehensive content of the guide. To order a copy of the Guide, print a free copy, or access the expanded Internet edition, please visit: www.narf.org/icwa.
Thursday, September 20, 2007
Carrie Dann to appear live on ArizonaNativeNet
Carrie Dann, Western Shoshone elder and human rights activist to appear live on ArizonaNativeNet at 3:30 p.m. (PST), Friday, September 28, 2007
The University of Arizona Rogers College of Law Indigenous Peoples Law & Policy (IPLP) Program is pleased to announce an upcoming webcast on ArizonaNativeNet featuring Carrie Dann, Western Shoshone elder and human rights activist. Please tune in to mms://128.196.84.6/aznnlive at 3:30 p.m. (PST) on Friday, September 28, to hear Ms. Dann discuss current environmental threats to Western Shoshone land and the United States' ongoing violation of international law. You will need to have the Windows Media Player, www.windowsmediaplayer.com, to view this webcast. If you are not able to join us for the live webcast, an archive will be available for free at www.arizonanativenet.com.
For over forty years, Carrie Dann (Western Shoshone), along with her sister Mary (now deceased), has been at the forefront of the Western Shoshone Nation's struggle for land rights and sovereignty. They have led a political and legal battle to retain ancestral lands in Nevada, California, Idaho and Utah. Ms. Dann has squared off against international gold mining corporations, the nuclear industry and the U.S. government. The United Nations and the Organization of American States have supported the Dann sisters in their fight to protect Western Shoshone territory. For their courage and perseverance in asserting the rights of Indigenous peoples, the Dann sisters have received numerous awards including the 1993 Alternative Nobel Prize and the International Right Livelihood Award. Ms. Dann is also the subject of countless film documentaries, articles and books, and is considered a living legend in the struggles of Native Americans.
The actions of the United States against the Western Shoshone have been condemned by both the Organization of American States (OAS) Inter-American Commission on Human Rights and the United Nations Committee on the Elimination of Racial Discrimination (CERD). The IPLP Program, through Professor S. James Anaya, provides legal representation to Carrie Dann before these international institutions. Ms. Dann continues to push for implementation of the Inter-American Commission's decision, appearing before the Commission in March 2007 to urge the United States to comply with the Commission's recommendations and conclusions. The Western Shoshone Defense Project, a non-governmental organization set up to support Carrie Dann and her struggle, is leading the advocacy efforts before CERD. To access the case files and other documents on the CERD and IACHR actions, go to: www.law.arizona.edu/depts/iplp/advocacy/shoshone/index.cfm?page=advoc
The University of Arizona Rogers College of Law Indigenous Peoples Law & Policy (IPLP) Program is pleased to announce an upcoming webcast on ArizonaNativeNet featuring Carrie Dann, Western Shoshone elder and human rights activist. Please tune in to mms://128.196.84.6/aznnlive at 3:30 p.m. (PST) on Friday, September 28, to hear Ms. Dann discuss current environmental threats to Western Shoshone land and the United States' ongoing violation of international law. You will need to have the Windows Media Player, www.windowsmediaplayer.com, to view this webcast. If you are not able to join us for the live webcast, an archive will be available for free at www.arizonanativenet.com.
For over forty years, Carrie Dann (Western Shoshone), along with her sister Mary (now deceased), has been at the forefront of the Western Shoshone Nation's struggle for land rights and sovereignty. They have led a political and legal battle to retain ancestral lands in Nevada, California, Idaho and Utah. Ms. Dann has squared off against international gold mining corporations, the nuclear industry and the U.S. government. The United Nations and the Organization of American States have supported the Dann sisters in their fight to protect Western Shoshone territory. For their courage and perseverance in asserting the rights of Indigenous peoples, the Dann sisters have received numerous awards including the 1993 Alternative Nobel Prize and the International Right Livelihood Award. Ms. Dann is also the subject of countless film documentaries, articles and books, and is considered a living legend in the struggles of Native Americans.
The actions of the United States against the Western Shoshone have been condemned by both the Organization of American States (OAS) Inter-American Commission on Human Rights and the United Nations Committee on the Elimination of Racial Discrimination (CERD). The IPLP Program, through Professor S. James Anaya, provides legal representation to Carrie Dann before these international institutions. Ms. Dann continues to push for implementation of the Inter-American Commission's decision, appearing before the Commission in March 2007 to urge the United States to comply with the Commission's recommendations and conclusions. The Western Shoshone Defense Project, a non-governmental organization set up to support Carrie Dann and her struggle, is leading the advocacy efforts before CERD. To access the case files and other documents on the CERD and IACHR actions, go to: www.law.arizona.edu/depts/iplp/advocacy/shoshone/index.cfm?page=advoc
Friday, September 14, 2007
Federal Circuit Court Rules in Favor of Navajo Nation
Court: Navajo Nation owed money for bungled lease
Friday, September 14, 2007
The Interior Department breached its trust to the Navajo Nation and must pay damages for mishandling a coal mining lease, a federal appeals court ruled on Thursday. In a unanimous decision, the Federal Circuit Court of Appeals said the "undisputed facts" prove Interior breached its fiduciary duties to the largest tribe in the country. Swayed by a lobbyist, the Reagan administration approved a coal mining lease for a less than a "reasonable" royalty rate, the three-judge panel concluded. That action violated common trust law, as well as a "network" of federal laws and regulations aimed at protecting the tribe's coal resources and keeping the tribe informed about its assets, the court said.
Federal Circuit Decision:
Navajo Nation v. US (September 13, 2007)
Supreme Court Decision:
Syllabus | Opinion [Ginsburg] | Dissent [Souter]
Related Supreme Court Decision:
Syllabus | Opinion [Souter] | Concurrence [Ginsburg] | Dissent [Thomas]
Relevant Links:
Navajo Nation - http://www.navajo.org
Peabody Energy - http://www.peabodyenergy.com
Friday, September 14, 2007
The Interior Department breached its trust to the Navajo Nation and must pay damages for mishandling a coal mining lease, a federal appeals court ruled on Thursday. In a unanimous decision, the Federal Circuit Court of Appeals said the "undisputed facts" prove Interior breached its fiduciary duties to the largest tribe in the country. Swayed by a lobbyist, the Reagan administration approved a coal mining lease for a less than a "reasonable" royalty rate, the three-judge panel concluded. That action violated common trust law, as well as a "network" of federal laws and regulations aimed at protecting the tribe's coal resources and keeping the tribe informed about its assets, the court said.
"Accordingly, this court holds that the nation has a cognizable money-mandating claim against the United States for the alleged breaches of trust and that the government breached its trust duties," Judge Arthur J. Gajarsa, a Reagan nominee, wrote in the 39-page ruling.
Barring further appeals, the Court of Federal Claims will now determine the damages the government must pay for mishandling the lease. The tribe claims it lost out on at least $600 million in royalties for one of the most valuable coal deposits in the U.S. But a trip to the Supreme Court is possible, a move that would delay resolution of one of the longest-running breach of trust cases in history. The Bush administration already took the Navajo case to the justices and won a ruling in 2003 that limited the tribe's legal maneuvers. In that 6-3 ruling, the high court said the two laws the tribe cited to make its case weren't enough to create a damages-enforceable trust relationship. The justices noted that the Indian Mineral Leasing Act and the Indian Mineral Development Act, in fact, give more power to tribes to exercise self-determination over their trust assets. The Navajo Nation, however, was able to revive its claim by citing other federal laws and regulations that put the government in control. This "network" included the Navajo-Hopi Rehabilitation Act, which the Federal Circuit said imposes a duty on the government to keep the tribe informed about its coal resources and the Surface Mining Control and Reclamation Act, which deals with coal mining and contains an Indian lands section. The Federal Circuit also said the government violated its "common law trust duties of care, candor, and loyalty" by approving a lease with a royalty rate that was more favorable to Peabody Coal than to the Navajo Nation. Peabody is the world's largest coal company and has been mining the reservation for decades. When the Bureau of Indian Affairs recommended the tribe receive a 20 percent royalty rate on its coal, Peabody hired a lobbyist who was a "a former aide and friend" to then-Interior Secretary Don Hodel, the court said. After a meeting that was kept secret from the tribe, Hodel told the BIA to stand down from the higher rate and to urge the tribe to negotiate with Peabody. "Facing severe economic pressure," the court said, the tribe was forced to agree to a lease with a 12.5 percent royalty rate. The difference cost the tribe at least $600 million in royalties, according to the lawsuit. Although the actions at issue took place more than 20 years ago, they remain fresh in the minds of many Navajo leaders, who feel betrayed by their trustee. Their feelings worsened when Hodel's previously unknown dealings with the lobbyist came to light through the course of the lawsuit. "I feel like they¹ve been doing an injustice to us all along, and right now we're beginning to call their hand," said President Joe Shirley Jr. Navajo leaders were further dismayed when two of the officials who were involved in the debacle secured top positions in the Bush administration. One was former deputy secretary J. Steven Griles, who oversaw the mining division that supported the higher royalty rate, and who was deposed under oath for the case. Griles, a former lobbyist for the coal industry, eventually pleaded guilty for lying to Congress about his dealings with another lobbyist. He will be serving 10 months in federal prison. The second official was Ross Swimmer, who currently serves as Special Trustee for American Indians and is responsible for ensuring the government meets its trust obligations. He approved the lease with the lower royalty rate without studying the effect it would have on the tribe. Swimmer was also deposed for the case but failed to recall doing so when asked about it during his confirmation hearing before the Senate Indian Affairs Committee and during a federal court trial for the Cobell trust fund case. He also told Native reporter Jodi Rave that he couldn't remember whether he was deposed. Separate from the suit against the government, the Navajo Nation is suing Peabody Coal, alleging a violation of federal racketeering laws over the collusion between the lobbyist and Interior. The case remains alive despite Peabody's numerous attempts to have it dismissed or delayed indefinitely. If the tribe wins the suit, it could be entitled to up to three times the damages for the lease. "It's very good to hear that the nation got what it had coming all this time, being neglected and not getting what it's supposed to get," said former President Kelsey Begaye, whose administration filed the Peabody suit.Federal Circuit Decision:
Navajo Nation v. US (September 13, 2007)
Supreme Court Decision:
Syllabus | Opinion [Ginsburg] | Dissent [Souter]
Related Supreme Court Decision:
Syllabus | Opinion [Souter] | Concurrence [Ginsburg] | Dissent [Thomas]
Relevant Links:
Navajo Nation - http://www.navajo.org
Peabody Energy - http://www.peabodyenergy.com
UN Declaration of Indigenous Rights
Yesterday the General Assembly of the United Nations adopted a landmark declaration outlining the rights of the world’s estimated 370 million indigenous people and outlawing discrimination against them – a move that followed more than two decades of debate. Unfortunately, there were four votes against this declaration and they are not coincidentally countries with sizeable Indigenous populations. The four countries that voted against the Declaration are Australia, Canada, New Zealand and the United States. What reasons were given by these four nations for casting their votes against a declaration that was supported by 143 Member states?Well, here is the rather lame excuse from Ambassador John McNee of Canada gave for voting against this land mark Declaration: Canada "had 'significant concerns' about the language in the document." He went on to remark that "the provisions on lands, territories and resources 'are overly broad, unclear and capable of a wide variety of interpretations' and could put into question matters that have been settled by treaty."
Mr. McNee also said that "the provisions on the need for States to obtain free, prior and informed consent before it can act on matters affecting indigenous peoples were unduly restrictive, and he also expressed concern that the Declaration negotiation process over the past year had not been 'open, inclusive or transparent.'" It is more that a little bit ironic that the four countries that have among them over 4 million Indigenous people voted against a non-binding declaration whose primary purpose is the "promotion and protection of human rights and fundamental freedoms for all."
The Declaration does however set a high standard for the treatment of Indigenous people and serves to reinforce "both individual and collective rights; cultural rights and identity; rights to education, health, employment, language, and others. It outlaws discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them. It also ensures their right to remain distinct and to pursue their own visions of economic, social and cultural development. The Declaration explicitly encourages harmonious and cooperative relations between States and Indigenous Peoples."
Here's a link to the full-text of the Declaration of the Rights of Indigenous Peoples.
Comments welcome!
Wednesday, September 12, 2007
Herb Yazzie appointed permanent Chief Justice of the Navajo Nation
For Immediate Release: September 10, 2007
Navajo Nation Office of the President & Vice President
www.opvp.org
Navajo President Joe Shirley, Jr., pleased to re-appoint Navajo Chief Justice Herb Yazzie as permanent chief justice
WINDOW ROCK, Ariz.- Navajo Nation President Joe Shirley, Jr., has written to the Honorable Navajo Nation Supreme Court Chief Justice Herb Yazzie to inform him of his re-appointment as permanent chief justice.
"It is a pleasure and honor to appoint you to serve as Chief Justice of the Navajo Nation Supreme Court," the President wrote on Sept. 5. "Your permanent appointment shall become effective upon confirmation by the Navajo Nation Council."
The President said the confirmation of Chief Justice Yazzie could occur during the fall session of the Council.
The Chief Justice is the second Navajo lawyer to serve in the top positions of all three branches of Navajo government after the late Navajo Nation Chief Justice Claudeen Bates-Arthur.
TO READ THE FULL STORY CLICK HERE
Navajo Nation Office of the President
George Hardeen,
Communications Director
E-mail: pressoffice@opvp.org
Ofc: 928-871-7917 Cell: 928-309-8532
Navajo Nation Office of the President & Vice President
www.opvp.org
Navajo President Joe Shirley, Jr., pleased to re-appoint Navajo Chief Justice Herb Yazzie as permanent chief justice
WINDOW ROCK, Ariz.- Navajo Nation President Joe Shirley, Jr., has written to the Honorable Navajo Nation Supreme Court Chief Justice Herb Yazzie to inform him of his re-appointment as permanent chief justice.
"It is a pleasure and honor to appoint you to serve as Chief Justice of the Navajo Nation Supreme Court," the President wrote on Sept. 5. "Your permanent appointment shall become effective upon confirmation by the Navajo Nation Council."
The President said the confirmation of Chief Justice Yazzie could occur during the fall session of the Council.
The Chief Justice is the second Navajo lawyer to serve in the top positions of all three branches of Navajo government after the late Navajo Nation Chief Justice Claudeen Bates-Arthur.
TO READ THE FULL STORY CLICK HERE
Navajo Nation Office of the President
George Hardeen,
Communications Director
E-mail: pressoffice@opvp.org
Ofc: 928-871-7917 Cell: 928-309-8532
Friday, September 7, 2007
Another Blog of Possible Interest
Hello NPLCers (& Others),
Just thought some of you all might be interested in reading some posts that I wrote a few weeks ago as I attended INDN's List Campaign Camp and Prez on the Rez.
Please visit the following link to read about an amazing week of Natives and Progressive politics:
http://emailstosms.blogspot.com/2007/08/reflections-on-incredible-week.html#links
http://emailstosms.blogspot.com/2007/08/campaign-camp-prez-on-rez.html#links
http://emailstosms.blogspot.com/2007/08/campaign-camp-day-three.html#links
http://emailstosms.blogspot.com/2007/08/campaign-camp-day-two.html#links
http://emailstosms.blogspot.com/2007/08/campaign-camp-day-one.html#links
Thanks for visiting my blog and if you'd like to check out other posts, please visit:
http://emailstosms.blogspot.com/
Thanks again!
Cheers,
Faye Hadley
Just thought some of you all might be interested in reading some posts that I wrote a few weeks ago as I attended INDN's List Campaign Camp and Prez on the Rez.
Please visit the following link to read about an amazing week of Natives and Progressive politics:
http://emailstosms.blogspot.com/2007/08/reflections-on-incredible-week.html#links
http://emailstosms.blogspot.com/2007/08/campaign-camp-prez-on-rez.html#links
http://emailstosms.blogspot.com/2007/08/campaign-camp-day-three.html#links
http://emailstosms.blogspot.com/2007/08/campaign-camp-day-two.html#links
http://emailstosms.blogspot.com/2007/08/campaign-camp-day-one.html#links
Thanks for visiting my blog and if you'd like to check out other posts, please visit:
http://emailstosms.blogspot.com/
Thanks again!
Cheers,
Faye Hadley
The Huntington Free Library Native American Collection
From the Library's web site: "The Huntington Free Library's Native American Collection was transferred to Cornell University on June 15, 2004 from its former home in the Bronx, New York. One of the largest collections of books and manuscripts of its kind, the Huntington collection contains outstanding materials documenting the history, culture, languages, and arts of the native tribes of both North and South America. Contemporary politics and human rights issues are also important components of the collection."
http://rmc.library.cornell.edu/collections/HFL.html
http://rmc.library.cornell.edu/collections/HFL.html
Thursday, August 30, 2007
Navajo President praises water rights report
For Immediate Release: August 27, 2007
Navajo Nation Office of the President & Vice President
www.opvp.org
Navajo President Joe Shirley, Jr., praises Arizona Republic for special report spotlighting Navajo water rights, needs
WINDOW ROCK, Ariz.- On Sunday and Monday, the Arizona Republic published a two-part, 4,500-word special report titled "Navajo Nation Crisis" about the Navajo Nation's efforts to assert its water rights to bring drinking water to its people.
The paper reports that, if approved by Congress, Navajo settlements would result in the largest Indian water rights settlement in history.
Written by the Republic's water and environment reporter, Shaun McKinnon,the stories begin with a description of an elderly Navajo grandmother who ran out of water and had to endure a weekend without any.
"Ethel Whitehair ran out of water again over the weekend, emptied every bucket and pot, drained the barrels lined up outside her front door," Mr.McKinnon wrote. "The community well was closed until Monday."
"Water from a well at a nearby windmill could supply the sheep, but it was untreated and made Whitehair's skin itch. At another windmill down the road,vandals had torn the cover off the storage tank. Deep inside, a car battery steeped in the soupy dregs, the surface stirred by the bloated bodies of three dead crows.
TO READ THE FULL STORY CLICK HERE
Navajo Nation Office of the President
George Hardeen,
Communications Director
E-mail: pressoffice@opvp.org
Ofc: 928-871-7917 Cell: 928-309-8532
Navajo Nation Office of the President & Vice President
www.opvp.org
Navajo President Joe Shirley, Jr., praises Arizona Republic for special report spotlighting Navajo water rights, needs
WINDOW ROCK, Ariz.- On Sunday and Monday, the Arizona Republic published a two-part, 4,500-word special report titled "Navajo Nation Crisis" about the Navajo Nation's efforts to assert its water rights to bring drinking water to its people.
The paper reports that, if approved by Congress, Navajo settlements would result in the largest Indian water rights settlement in history.
Written by the Republic's water and environment reporter, Shaun McKinnon,the stories begin with a description of an elderly Navajo grandmother who ran out of water and had to endure a weekend without any.
"Ethel Whitehair ran out of water again over the weekend, emptied every bucket and pot, drained the barrels lined up outside her front door," Mr.McKinnon wrote. "The community well was closed until Monday."
"Water from a well at a nearby windmill could supply the sheep, but it was untreated and made Whitehair's skin itch. At another windmill down the road,vandals had torn the cover off the storage tank. Deep inside, a car battery steeped in the soupy dregs, the surface stirred by the bloated bodies of three dead crows.
TO READ THE FULL STORY CLICK HERE
Navajo Nation Office of the President
George Hardeen,
Communications Director
E-mail: pressoffice@opvp.org
Ofc: 928-871-7917 Cell: 928-309-8532
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