Archive for Native American
On 28 January 2013 Idle No More protesters gathered in no fewer than 30 Canadian cities. They were joined by solidarity protests around the world as the indigenous grassroots movement marked a global day of action.
We contend that: The Treaties are nation to nation agreements between The Crown and First Nations who are sovereign nations. The Treaties are agreements that cannot be altered or broken by one side of the two Nations. The spirit and intent of the Treaty agreements meant that First Nations peoples would share the land, but retain their inherent rights to lands and resources. Instead, First Nations have experienced a history of colonization which has resulted in outstanding land claims, lack of resources and unequal funding for services such as education and housing.
We contend that: The state of Canada has become one of the wealthiest countries in the world by using the land and resources. Canadian mining, logging, oil and fishing companies are the most powerful in the world due to land and resources. Some of the poorest First Nations communities have mines or other developments on their land but do not get a share of the profit. The taking of resources has left many lands and waters poisoned – the animals and plants are dying in many areas in Canada. We cannot live without the land and water. We have laws older than this colonial government about how to live with the land.
We contend that: Currently, this government is trying to pass many laws so that reserve lands can also be bought and sold by big companies to get profit from resources. They are promising to share this time…Why would these promises be different from past promises? We will be left with nothing but poisoned water, land and air. This is an attempt to take away sovereignty and the inherent right to land and resources from First Nations peoples.
We contend that: There are many examples of other countries moving towards sustainability, and we must demand sustainable development as well. We believe in healthy, just, equitable and sustainable communities and have a vision and plan of how to build them. Please join us in creating this vision.
A rather malicious reaction to the Idle No More Movement concerns the widely held belief that “it is about time these people moved out of the past and into the 21st century”. Just assimilate and get over it! After all, conventional “wisdom” suggests that white Europeans “conquered” the “Indians.” This is, of course, propaganda.
Contrary to popular belief, indigenous peoples did not surrender their land or sovereignty to the Europeans. Treaties were a scheme devised by the white man to circumvent costly Indian Wars, like those ensuing in the American West (see also here). Moreover, it was believed that once whites “killed the Indian and saved the man,” the treaties would prove unnecessary because supposedly all indigenous peoples would become “civilized” and assimilate into white society.
The white man believed indigenous peoples were just that docile! The white man was wrong!
Aaron Paquette, one of Canada’s premiere First Nations artists, recently captured just how erroneous this thinking was when discussing the Idle No More Movement. He asks: “why are Canada’s Indigenous Peoples the only ones who are standing up? Why are they now the World’s Protectors?”
This is much greater than angry protesting natives, this is about becoming aware. First they gutted the sciences, long term studies that would help us understand our ecosystem better so we could develop more responsibly, and no one said a word. Then they cut funding for our shared history and those who work to preserve it, while at the same time dumping tens of millions of dollars into celebrating a British colony war that happened before we were even a country, and still no one said anything. Then the world was made aware of the shameful conditions for small children growing up on underfunded, polluted Reservations. A small murmur and then nothing. And now, because of the apathy they see, this government has taken galling steps to sell out our wilderness, our resources and sovereignty. And not even to the highest bidder. It’s a yard sale with no regard for responsibility or care for anyone who might be negatively affected (in other words, all of us). From millions of protected waterways a couple weeks ago, we now have hundreds. Yes, you read that right.
As Kent McNeil, professor at Osgoode Hall Law School, York University (Toronto) has argued, the Idle No More Movement deserves the thanks of all Canadians as it has exposed a lack of respect for aboriginal and treaty rights on the part of the government of Prime Minister Stephen Harper.
April Blackbird is a sociology honours students and politics major at the University of Winnipeg in Manitoba, Canada and a First Nations activist. Kimberley A. Ducey is a faculty member in the Department of Sociology, University of Winnipeg.
Below is a collection of creative vignettes and poems from a diverse group of Sam Houston State University students who were engaged in projects that involved critical examinations of white racial framing and counter-framing. Their work contests and challenges stereotypes generated by the white racist and gendered framing often deeply engrained in both the minds of dominate group members and subordinate group members who have internalized features of the framing toward their own groups and unacquainted subordinate groups.
The first four vignettes were created by students for their in-class group presentation on “Extending the White Racial Frame” from The White Racial Frame: Centuries of Framing and Counter-Framing. The last two poems were created by two students for their personal projects that focus on racial and ethnic, and gendered marginalization:
By Austin Campbell
I think this is what you think when you see me, I don’t really have to ask. Sure I’m black so I must be a thug, full of ghetto love and talking like “yeah that’s my homeboy” or n-word what’s up? Yeah I’m black so the crack corner must be my throne, and yeah you think you got it all figured out thinking that I come from a really bad home. Oh and don’t forget to clutch your purse when I come your way because you know I’m black and looking for a pay day. So congrats to you for thinking that you’re all right, but I’m going to show you how that’s all a lie. Yes I am black and that true but let me make you aware of something new. No I don’t come from a bad home at all. In fact I may even be living next door to you. Yes my mom and dad got a divorce but my mom and step-dad raised me up too. Using the n-word, nah, that’s not my thing. Some rappers may say it but really that’s not me. And a crack corner or stealing your purse, phss, get out of here. Next time don’t believe every movie you see. You really want to know me then look around your own group and you’ll realize I’m just like you.
So next time you see me what will you say? All I want to know is after hearing me speak, is this what you will see or think when I come by your way?
By Erik Jackson
Is this what comes into your mind when you hear my name Sky? When I tell you that I am a Cherokee and not a Native American, is this what you think? Or is it when you see me and my Native American hair that you think, “boy I bet s/he can put down the alcohol. They are known for drinking, hell they even have alcohol made after them.” Or maybe it’s a different thought, a thought about the history of how my people have come to be treated by “Americans” and the policies that have been “thankfully given” to us. You know about our lands and our casinos that barely make any money and that we must live on welfare because we spend all of our money on gambling and alcohol. In fact none of these are true about me at all. Yeah I do go by my Cherokee-American background because I’m proud of it. Another thing that might surprise you I bet would be in fact that I nor my parents or anyone in my family for that matter drinks, so no we are not able to “put them down” like you might imagine. Also, we aren’t on welfare, as a matter of fact I live in your basic residential neighborhood and once again no one I know of Native American background works at a casino.
I’m just one of many voices speaking out about Native Americans. In all honesty it’s up to you to believe what you want, all I have to question is this—is this what you will think when you see me, is this what I am to you?
By Benjamin Prochazka
Is this what you think when you see me? Yes I wear Sperry’s and I do tend to dress nicely on a regular basis but is this me to you? You think when you see me walk, sure thanks to my genes, I’m a little shorter, with my slanted eyes and jet black hair, and my calm quiet nature, this is me? Or is it my backpack stuffed with things weighing me down that makes you think “wow I bet he has a lot of sushi, and video games, and books in there. He’s probably on his way to study “ right? Well surprise! Most of this isn’t true. I’m an average student, C+ to be honest. You’ll find this hard to believe too that I don’t eat sushi. I’ve never really cared for it. As you can see I don’t have an Asian accent either, shocker right? I dress this way because I’m comfortable in these clothes. You know what I mean because y’all wear the same clothes as I do.
So is this what you think when you see me? Or have you always seen me as one of you?
By Denise Castillo
Is this what comes to mind when I tell you that I am a Latina? Do you automatically assume that I can dance and move my hips really well? Or that I’m an amazing cook because that’s what we are known for? Or is it that you think all the men in my family are lazy and begging for jobs on a street corner and desperately taking any job they can get just so they can have the money to support their family? You probably think that we all live in a small house on welfare in some horrible neighborhood with gang members on every corner. Do you assume that any Mexican you see on the street is illegal? Or that I have some family in jail for doing some illegal activity? Do you think that I eat tacos and rice and beans all day every day? Or that we all have accents or can’t even speak any English for that matter? Well to be perfectly honest with you, none of that about me is true. I am definitely not the best dancer out there and the only one thing I’m really good at cooking is Ramen! All the Mexicans I know are actually very far from being lazy in any way. We work our asses off and a majority of Mexicans I know are very successful in the businesses they are in. I grew up in your average household with my mom and dad and only 1 other sibling. My family is not big at all and not a single one of them has been to jail or involved in any gang related activities. One thing that will be sure to surprise you is that I’m really not a big fan of Mexican food at all so there is definitely no way that I could eat that every day! I have lived here in the U.S. my entire life and English was my first language that I learned. None of the Mexicans I know have an accent and surprisingly most Mexicans here in the U.S. can speak English pretty well.
So is this what you really think of me when you learn that I am a Mexican? Is this how you’ll always picture me?
By Lorin Perez
So Which Side of the Border Do I Belong?
I wasn’t brought up in “the barrio”
But I wasn’t raised in a white suburb either
I have never packed my car with relatives
But I would never just leave them to rot in a nursing home either
I’m not an amazing salsa dancer
But I’m not a lousy dander either
So which side of the border do I belong?
I’ve been called “illegal”
I’ve been called “gringa”
I was not born in Mexico but I am not white
So which side of the border do I belong to?
My mom makes turkey for Thanksgiving
But she makes tamales for Christmas
My dad works very hard every day of the week
But he is not a construction worker
My grandparents instilled American traditions in our family
But they didn’t let us forget our roots
So which side of the border do I belong?
I am a light skinned Hispanic
I don’t fit the stereotypical part of a Mexican girl
Yet I don’t fit the stereotypical part of a Caucasian female either
So which side of the border do I belong?
I can speak English
I’m not addicted to drugs
I have a passion for soccer
I love apple pie
I don’t want twenty kids
I like to put “chile” on my food
I enjoy country music
I don’t like PDA
I will graduate from college
I am religious
I am not racist
I would cry if my dog died
I am intelligent
I am not arrogant
I am unique
I am an individual
I am not only Mexican, and I am not only American
So which side of the border do I belong to?
By Gilisa Walls
I decided to touch on the theory of labeling. In society today it has become the norm to place labels on those by what they wear, how they act, their skin color, and the people they hang around. I wrote a poem based on some of the things I have been labeled and how it makes me feel and how I respond to those labels. I also touched on the topics of discrimination and prejudice because whenever talking about labeling you will always run into those issues as well. Labeling can be anything from calling you or a group of people certain names because of race, gender, beliefs, culture, etc. Most people don’t live up to the labels society places on them because society usually receives their source of information through the media, family values and beliefs, or the people they hang around or admire. Once people label you they feel as if they know exactly what you’re going to do, how you are going to act and react in any given situations. They base this off of past experiences from other people they have labeled the same as you.
If You’re Going to Label Me. . .
Label me as a rare form of a human not lesbian, black, or a female.
There’s only a few of my kind and we are very hard to find.
I’m the one that walks strong with my head high not letting the stereotypes get to me.
The one that knows I’m more than what this society labels me to be.
I’m a rare form of a human that realizes that, labels are only what you wear and put on, but you, you are just pure beauty from the inside out.
Society has labeled me as this stud, this black female, this statistic that all blacks are the same.
They don’t even label me the name that my mom created for me after carrying me for nine months.
They fail to realize that I’m not a part of the African American statistics and that my personality and attitude makes the substance of beauty within, distinguishing me from the rest.
Only a few of us know how to be more than what we are said to be and know how to reflect on the external judgment that comes for us.
From that first breath we breathe, to the time society sets a description of who we are on our lives, to the moments we cherish from overcoming the boundaries and perceptions of what “my kind” should do or how we should act.
There’s going to come a time when we do show weakness, that we like the same sex or that our skin is darker than others; but we, No I, won’t allow myself to let the obvious overtake my greatness.
But if you ever find one like me, that one that is one of a kind, don’t allow your prejudice ways make you assume that I’m just like the rest.
Don’t let your discrimination take over and you attack those of my kind because they are proud to be who they are.
Don’t be about of statistics that acts on prejudice and discrimination and attack or label those that are black.
Be the one that is will to get to know that rare form of a human.
Be the one to make a change towards equality instead of labeling us according to the definitions they give us on TV.
With football and the fall season—which is always tough for Native folks because of the U.S.’s insistence on honoring Columbus, the awful Pocahontas Halloween costumes, and the ever-present Thanksgiving mythology of the goodness of the pilgrims and the simple-mindedness of Indigenous people—fast approaching us, I must make a request publicly. I’ve struggled over this decision, knowing many of you might judge me and say “this type of thing just isn’t done” or “that’s not how things are done around here.” I also understand my statement will have both social and political consequences for me.
The request: Think of the worst word any person could call you, whether regarding your racial, ethnic, or national heritage, your gender or sexuality, or your religion, or any other identity that you hold dear. Now, imagine hearing that word used daily all around you. Imagine seeing distorted, ugly images of that word everywhere you go. Imagine that you can’t turn on the TV, go shopping, watch movies, or even read a book without hearing or seeing what this terrible word implies because it’s that pervasive in the public discourse. Now imagine people telling you to “get over it” and that you’re being “too sensitive” when you protest its usage.
Can you empathize?
I’m a member of the Muscogee (Creek) Nation. I don’t say that to produce eye-rolling (just as I wouldn’t roll my eyes at your heritage). I want you to understand this is more than a social justice issue. It’s very, very personal. The 90 to 95% of the population of Indigenous folk who died after the arrival of the Europeans and the mere 1 percent of the current U.S. population that remains (which includes me) deserves better than to have racialized, pejorative terms spoken about or around them/me—even if others believe it’s still socially acceptable.
Specifically, I’m referring to these terms: redskins, skins, chief(s), braves, red Indian, injun. More broadly, I’m speaking about terms used in ways that do disservice to different Native Nations: tipi, wigwam, squaw (which means whore or c**t to many tribes), tomahawk, etc. You get the drift. If you research a topic with these words, by all means, use them, but please contextualize the terms.
Many of you may not know how offensive these particular words and others are to Indigenous people. Then again, some just don’t care. Whichever the case, this is an official notice that I consider the term “redskin(s)” a racist term. I’m not calling you a racist just because you use that term. But I am saying if you continue using it after knowing what it means, then you are choosing to consciously participate in the maintenance of white privilege and systemic racism.
I’m not being overly sensitive (which is often the claim of the dominant and those who have internalized the narrative of the dominant), and it doesn’t matter if you know one or more “Native” people who don’t find it to be a bad term (that’s called internalized oppression or racism).
Better yet, join us in our fight against racist mascots, name brands, products, entertainers using sacred headdresses as costumes, and other harmful stereotypical practices. Help us change the public discourse about Native peoples. Support us in our efforts to speak truth to power and bring about social change. We’ll support you, too!
Here’s some text from Cheryl Head’s blog that conveys this issue concisely.
“There is some debate about where the name “Redskins” came from. To my mind, its origins don’t matter … Native American activists have engaged in a 13-year legal battle to get rid of the offensive name. These activists claim the name is disparaging and violates a federal trademark law. Three trademark judges agreed (1999); but were overturned by a federal district court judge (2003); and an appeal (Harjo, et. al vs. Pro Football, Inc.) was denied by the U.S. Supreme Court in 2009. These activists posit the R-word is on par with the use of the N-word. I’m African American and offended by the latter so if my Indian brothers and sisters say the R-word has deeply disparaging connotations for their people, I believe them and support their efforts to discontinue the use of this name.”
Remember, the Supreme Court also ruled that there was such a thing as “separate but equal.” And less than 100 years ago, women could not vote.
In closing, socially acceptable doesn’t mean ethical, decent, or right. Slavery, lynching, and the right to refuse service to people of color used to be socially acceptable. Social acceptance cannot be the benchmark for social justice. History bears out its incompetence. We’re a long way from social parity, but we can do our part by respecting each other.
~ Dwanna L. Robertson is a citizen of the Muscogee (Creek) Nation, a PhD candidate at the University of Massachusetts, Amherst, a writer for Indian Country Today Media Network, and a public sociologist. This post originally appeared here.
Today is Mardi Gras (French for “fat Tuesday”) is the celebration of debauchery before the beginning of the Lenten season of sacrifice. As it is celebrated in New Orleans, it’s also a fabulous celebration of black history.
NPR ran a story today (h/t Karen Hanson) about the Mardi Gras Indians who have a rich history, dating back to slavery.
Native Americans often helped escaped slaves navigate their way to freedom and sometimes former slaves lived within Native American communities as free people.
The outfits of the Mardi Gras Indian groups, who call themselves “tribes,” are inspired by Native American ceremonial regalia. Members call these costumes “suits,” and it can take up to a year to create the intricate designs out of thousands of sequins, beads and pounds of feathers. In this way, the costumes are strikingly similar to those on display at the West Indian Day Festival in Crown Heights Brooklyn each summer.
Both celebrations speak to the power of resilience in the face of oppression and the similarities suggest the ways that diaspora shapes culture. For more about diaspora, check out Theorizing Diaspora (Wiley-Blackwell, 2003).
Recently, ABC ran a series called “Hidden America: Children of the Plains” that highlighted the poverty of Native American children living on reservations. The story, as told by ABC, is an unrelenting sad one. Some Native American youth took issue with the reporting, and created their own short video (2:35) response to it, called “More than that…”
The standard Thanksgiving narrative in the U.S. is that when the Pilgrims arrived at Plymouth Rock, it was the Wampanoag of Southern Massachusetts who met them and helped the settlers survive. Yet beyond that dominant Thanksgiving narrative, few know much about the Wampanoag (h/t to Minal via FB and Colorlines). There is a new film“We Still Live Here: Âs Nutayuneân” target=”_blank”, that documents the incredible effort of the Wampanoag cultural revival through language. Beginning in the 1990s, the Mashpee, Aquinnah, Assonet, and Herring Pond Wompanoag communities initiated the Wopanaak Language Reclamation Project after uncovering a trove of documents from the sixteenth century. The documents were written in their native language, which hasn’t been spoken in over a century and a half. Here’s a short clip (4:15) from the film:
The story begins in 1994 when Jessie Little Doe, an intrepid, 30-something Wampanoag social worker, began having recurring dreams: familiar-looking people from another time addressing her in an incomprehensible language. Jessie was perplexed and a little annoyed — why couldn’t they speak English? Later, she realized they were speaking Wampanoag, a language no one had used for more than a century.
These events sent her and members of the Aquinnah and Mashpee Wampanoag communities on an odyssey that would uncover hundreds of documents written in their ancestral language, lead Jessie to a earn herself a masters degree in linguistics at MIT, and result in something that had never been done before – bringing a language alive again in an American Indian community after many generations with no native speakers. With commitment, study groups, classes, and communitywide effort, many are approaching fluency. Jessie’s young daughter Mae is the first native speaker in more than a hundred years.
Recently, I was in an academic setting with several people and the “holidays” came up, a particularly sensitive race scholar noted that I do not celebrate “Thanksgiving.” The observation itself was noteworthy for its rarity. There is absolutely no reason for a Native American to celebrate Thanksgiving. It is an event which celebrates the survival of a people who would go on to perpetrate possibly the most far reaching genocide in human history. This post began as a historical retelling, and if you are looking for corrections to the historic record Jessie has excellent ones here and here and Joe does a wonderful job here. An interesting note on Thanksgiving is that the turkey is known as the giveaway bird because he is willing to sacrifice everything to help the people live. Whereas, many outsiders see the turkey as a silly bird, he embodies a fundamental concept about sacrifice and survival in Indian country.
Thanksgiving creates interesting reactions in Indian Country and in my household. On the one hand, it is very Native. All special times and ceremonies are celebrated with the inclusion of a feast and a giveaway. So, any ceremonial occasion could be Thanksgiving. Every Thanksgiving, we take time to remember that if we were a less trusting or less honorable culture, we would not have Thanksgiving. We would also not have stone carvings of genocidal men carved in the Sacred Black Hills and drilling set to commence at the foot of Bear Butte. We fill a pipe and make prayers, with small hope, that Leonard Peltier will see the Black Hills again before he dies. We sing songs in languages that are barely surviving and teach our children to sing it as well so that it may survive one more generation. We are grateful to have our children since for so many generations they were stolen away to missionary boarding schools where they were punished for speaking their language and sexually assaulted with regularity while being indoctrinated with “Christian” principles those Pilgrims brought over.
We make prayers for the elderly and the children on reservations with no heat and inadequate housing. We hope that we will not be attending the celebrations of their life as they succumb to death by exposure as so many do each winter. In my household, we bring out choke cherries saved from the summer picking up North and a bit of buffalo to keep us connected to home. We set out the gifts received from others in the many ceremonies through the year and make prayers for them and smile in appreciation of them. We do all of these things before we put on the turkey and dressing and get ourselves ready to join in the dominant pastimes of food excess and football. Because we too have become a part of that colonizing culture in so many ways. Some years we duck those traditions and spend the entire day remembering our ancestors and relatives in ceremonies more in keeping with our culture and take a moment to be thankful because we are still here against all odds.
~ This post is from the archive, originally posted November, 2010.
In an upcoming chapter in Governing Washington: Politics and Government in the Evergreen State Luis R. Fraga and I examine the political incorporation of ethnic and racial communities by asking the question: Do ethnic and racial communities fit within the state’s general understanding of the common good and the public interest? This is important because the choices political leaders make regarding the state’s growing ethnic and racial diversity will have long-term consequences for how inclusive and responsive state government will be to all citizens and residents in the state of Washington. If Washington State serves as a model for the rest of the country, then political incorporation of people of color as the nation continues to get more diverse does not look good.
Like many states across the nation, the 2010 census reveals that during the last decade Washington State has experienced notable growth and profound shifts in its population. In 2000, it had a total population of 5,894,121; in 2010 its population rose to 6,724,540, a growth rate of 14.1 percent. It is estimated that 73% of all population growth in the state over the last decade was due to increases in its nonwhite population. Over the last ten years, Hispanics/Latinos increased by 37.8%, Whites increased by 27%, Asians by 18.8%, people of two or more races by 8.6%, African Americans by 5.4%, Native Hawaiians/Pacific Islanders by 1.9%, and American Indians/Alaska Natives by 0.4%. Whites were 78.9% of the state population in 2000, but by 2010 they had declined to now comprising under three-quarters of the population at 72.5%. How will this growing racial and ethnic diversity affect politics and policy-making? Will Latino, African American, Asian/Asian American, and Native American communities and their interests will be included within the state’s and in the larger country’s general understanding of the common good and the public interest?
In Protest is not Enough, Rufus Browning and his colleagues define political incorporation as “the extent to which group interests are effectively represented in policy making” (1984, 25). Looking at just a couple of measures such as political representation and material well-being through poverty measures and unemployment levels help us to answer the level of political incorporation of people of color in Washington. For example, ethnic and racial minority groups in Washington are not particularly well represented at any level of government. It was only in 2010 that the first Latina was elected to Congress. She is the only minority member of the state’s congressional delegation. There are two Asian Americans and one Latina serving in the state senate, comprising only 6% of the 49-member body. There are also only three Asian Americans, one Latina, one Latino, one African American, and one Native American serving in the 98-member state house of representatives. Together they comprise only 7% of all the members of the House, 27.5% of the population of the state is comprised of ethnic and racial minority communities.
Another way of gauging the political incorporation of communities of color is by examining levels of material well-being that, in part, result from the distribution of national- and state-level policy benefits. Overall, an estimated 15% of all people living in Washington live at or below the federally-established poverty level. Based on cross-group comparisons, Latinos have the highest poverty rates in the state; it is estimated that 30% of all Latinos live below the official poverty level. While 12% of Whites live at or below the poverty level, and over a quarter (27%) of African Americans live at or below the poverty level according to the U.S. Census Bureau’s March 2009 and 2010 Current Population Survey. Rates of unemployment by racial ethnic group statewide, demonstrate that both Latinos and African Americans have unemployment rates that are noticeably higher than that of their White counterparts. It is estimated that 9.2% of Latinos across the state are unemployed, whereas the figure for Whites out of work is 6.4%. African Americans have the highest estimated unemployment rate of any racial/ethnic group, registering 12.3%.
In sum, measures of policy benefits regarding poverty rates, and those who are unemployed reveal that Latinos and African Americans do considerably worse than Whites in the state of Washington. Undoubtedly, this pattern of systematic inequity in condition can be documented in virtually every state in the nation.
We are at a critical juncture to determine whether politics and policy-making processes have the capacity to effectively engage the growing ethnic and racial diversity in America. The choices made by the national and states political leaders will directly affect whether the country will incorporate communities of color. They will affect how well local communities of all classes, races, and backgrounds are empowered by the way they decide to adapt to demographic changes. Whatever path political leaders choose, the results of their decisions over the course of the next decade will be with us for generations and will impact how diverse communities are included in conceptions of the common good in America.
Let me begin this blog with a disclaimer. I have recently returned from over a month on reservations in South Dakota, Oklahoma and Arizona. In the 30 years I have been making these trips, the situation has not improved. The Pineridge reservation continues to be the poorest county in America. According to the CDC suicides have increased, untreated health conditions such as diabetes continue to rise in numbers, infant mortality remains high. As a paralegal, one of the things I do while there is help people understand and move forward with legal issues and problems. Criminal justice is more criminal than justice as NPR discovered when investigating rape reports and convictions. In 2007, Native women had the highest rate of rape of any ethnic group, 2.5 times higher than the national average. This prompted Amnesty International to investigate and report on justice in Indian country. Their report firmly lays the blame on the justice system and the courts for this problem.
This situation was very present for me as I read the article in The Atlantic about the virtual nonexistence of Native American judges in the United States. The author takes issue with the Senate patting itself on the back for finally confirming an openly gay judge while having confirmed only one openly Indian judge in the history of this country. In 224 years, only one.
As it happens, a Native American judicial nominee is currently waiting on confirmation. Arvo Mikkanen was nominated 6 months ago. He received unanimously qualified ratings from the American Bar Association. His nomination was pronounced “dead” by the white Senator from Oklahoma. Apparently, the White House did not consult them before nominating him. This breach of professional etiquette is the theoretical reason for his nomination being stalled without hearings or consideration. Mikkanen makes his own case persuasively. He questions the reasoning of the senators and also of the White House which placed him in this position and has failed to speak on his behalf.
As a lawyer and a nominee, he is circumspect in his questioning. As a Native American and a race scholar, I intend to be more critical. Oklahoma is the end of the Trail of Tears. It has the second largest native population (after Alaska) of any state in the country. White Oklahoma elected officials have a long history of expressing that being Indian is reason enough to conclude incompetence. Not one of the elected officials in Oklahoma has spoken in defense of Mikkanen or elaborated on what makes him unfit.
Additionally, the White House has remained silent. I would suggest as Cohen hints that Mikkanen is a symbolic gesture and a pawn in the White House game to pretend to support Native justice while using Republicans as the foil to keep from actually delivering on that justice. To wit, the Cobell settlement for pennies on the dollar languished for almost 2 years before being approved after having spent 15 years in the federal courts. The Department of the Interior, which oversees Indian lands and resources has yet to promulgate new standards for leases, trust management or native protections. While signing the Native American Law Enforcement Act, Obama said,
government’s relationship with tribal governments, its obligations under treaty and law, and our values as a nation require that we do more to improve public safety in tribal communities.
The act itself only increases a possible sentence, for any crime in Indian Country including murder, from 1 year to 3 years. However, it does, finally, allow Indian courts to question and investigate crimes by white people on reservations. Not necessarily prosecute them or charge them or sentence them commensurately, but at least investigate them.
This is justice in Indian Country. This is the improvement the President touts. Meanwhile, there are no Indian judges off the reservation. This should not surprise us particularly, there have only been two Indian U.S. Senator in our history and 3 congressmen. No states have ever elected a Native American as governor.
An Indian, from India, in Louisiana, but no Native American. Arvo Mikkanek joins a long list of Native Americans whose qualifications for public service could not overcome their inherent disqualification of being Indian. Members of both parties will continue to make great public statements and act as if justice, health and representation for Native Americans are a priority. They will also continue to fail to enact any policy of inclusion or solution to the problems in Indian Country. Until one Senator or one White House official rises to defend the defamation of Mikkanen’s character, we can assume it is business as usual. White people take what they want, offer trinkets and solemn never kept promises while pursuing an uninterrupted program of annihilation of Native Americans through any means necessary.
There is a very good website to bookmark, Native American Netroots. It has important researched articles on Native American issues of many kinds. Today I saw this article on the U.S. invasion of Navaho territory in the southwest, and the ways in which the U.S. government and its military invaded Navaho territory and stole land, often using deception and killing to gain its goals. This era is the one in which the white-racist expansionist term, “manifest destiny,” was created to justify this kind of expansion. Here are some excerpts from a blog article, “the First U.S. Treaties with the Navaho,” by Ojibwa:
In 1846, the United States took control of New Mexico and Arizona. The United States Army . . . occupied the territory which had been acquired from Mexico. One of the major priorities of the new regime was to “pacify” the Navajo who had been raiding against the Spanish settlements in the area. However, instead of bringing peace, federal government actions often brought increased warfare. The American army made it clear that they intended to side with the European settlers without examining the causes for the hostilities. The army refused to recognize that the Indians had often been the victims of unfriendly European settlers [colonists].
One of the typical rationalizations in the white racial framing of Native Americans, from the beginning, has been that they were “uncivilized” and “primitive savages,” who did not know how to use the land. Yet, even white U.S. Indian officials and traders like Charles Bent, in an 1840s letter, presented easily gained information that showed these racist images were frequently just intentional misrepresentations and lies designed to legitimate the land theft and oppression (often genocide) often directed at Native Americans. Here is part of Bent’s that letter about the Navaho as
an industrious, intelligent and warlike tribe of Indians who cultivate the soil and raise sufficient grain for their own consumption and a variety of fruits.
Ojibwa summarizes other parts of the letter, indicating that Bent further explained the advanced Navahos also
manufactured blankets and woolen goods. Other traders during this time observed that Navajo blankets were coveted trade items among other Indians, such as the Cheyenne.
After years of struggle, battles, and treaties, the U.S. army finally forced the Navaho onto a barren “reservation”:
In 1863, General Carleton issued an ultimatum to the Navajo: they were to peacefully transfer to the reservation at Bosque Redondo or be treated as hostile. Colonel Kit Carson began to wage a “scorched earth” campaign against the Navajo. The plan … called for all male Navajo to surrender or be shot. This resulted in the Navajo Long Walk [see here on this march of 10,000 Navajos and Apaches at gunpoint], their imprisonment, and having the Treaty of Bosque Redondo forced upon them in 1868.
This was in the middle of the U.S. Civil War. Clearly, the white manifest destiny’s call could not even be put aside during that massive war. Once again, our highly racialized and oppressive history in regard to indigenous Americans is not realistically taught (are not taught at all) in most of our schools to most of our country’s children or adults. We are nation built on land theft, genocide, and slavery, but I rarely even cursory discussion of any of that in the mainstream media–and indeed even in the white progressive/left media online or in print publications. Why do you suppose that is?