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

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.

"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!

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

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

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