Author: Kirsten Matoy Carlson

UN Special Rapporteur Investigates Epidemic of Violence Against Indian Women in the United States

Kirsten Matoy Carlson2 Comments

CHEROKEE, N.C. — At 64 years-old, Matilda Black Bear, better known as Tillie, refers to herself as a “classic case” in regards to her story of domestic violence. She was 26 years old when she entered into a relationship that turned violent. She knew after the first week that she had to get out, but it took her three years to leave.

Photo of Matilda "Tillie" Black Bear
Tillie Black Bear is Public Outreach Coordinator with the Sacred Circle National Resource Center and a long-time advocate for women's rights.

“In the ’70s there were no services for victims, let alone any laws to hold perpetrators accountable,” recalls Tillie. “I went to the police and to the judges and they didn’t know what to do with me.”
According to U.S. Department of Justice Statistics, not much has changed in nearly 40 years. Tillie’s story is shared by thousands of Native women in the United States. One out of three Native women will be raped in her lifetime, and three out of four will be physically assaulted.

These staggering statistics were presented, along with a plea for help, to the United Nations Special Rapporteur on Violence Against Women, Ms. Rashida Manjoo. Manjoo visited the Eastern Band of Cherokee Indians in Cherokee, North Carolina on Jan. 28-29, 2011. Continue reading →

UN Expert to visit Eastern Band of Cherokee Indians to study the epidemic of violence against Native women in the United States

Kirsten Matoy Carlson

Press Release from Indian Law Resource Center and the Easter Band of Cherokee Indians:

January 21, 2011

CHEROKEE, N.C. — A United Nations expert on women’s human rights is investigating why Native women face the highest rates of sexual and physical assault of any group in the United States.

Ms. Rashida Manjoo, United Nations Special Rapporteur on Violence Against Women, will visit the Eastern Band of Cherokee Indians in Cherokee, North Carolina on January 27-28, 2011. Manjoo will meet with tribal leaders and advocacy organizations to learn more about the epidemic of violence against Indian women and what the United States can do to safeguard the human rights of Indian women.

According to U.S. Department of Justice statistics, one out of three Native women will be raped in her lifetime, and three out of four will be physically assaulted. Indian women are stalked at a rate more than double that of any other population. These statistics are linked to legal barriers that prevent Indian nations from adequately responding to crimes.

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UN Declaration Sets New Agenda for US-Indian Relations

Kirsten Matoy Carlson4 Comments

Op Ed by Robert T. Coulter

Today, the United States government at last officially endorsed the UN Declaration on the Rights of Indigenous Peoples and joined the international community in recognizing that American Indians and other indigenous peoples have a permanent right to exist as peoples, nations, cultures, and societies.

The United States is the last of the four countries that voted against the UN Declaration in the UN to reverse its position. This endorsement reflects the worldwide acceptance of indigenous peoples and our governments as a permanent part of the world community and the countries where we live. The Declaration on the Rights of Indigenous Peoples is the most significant development in international human rights law in decades. International human rights law now recognizes the rights of indigenous peoples as peoples, including rights of self-determination, property, and culture.

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Indian Law Resource Center Fellowship Opportunities for Summer 2011

Kirsten Matoy Carlson

The Indian Law Resource Center is a non-profit legal advocacy organization dedicated to providing legal advice, assistance, and representation to Indian tribes and indigenous communities throughout the Americas. We are also committed to developing new attorneys in the fields of Indian law and international human rights law.

To this end, we offer several fellowship and clerkship opportunities in both our Helena, Montana and Washington, D.C. offices. These fellowship and clerkship opportunities require a minimum eight week commitment and entail legal research and writing on major Indian rights issues related to current projects of the Indian Law Resource Center. The Lewis and Sidley Fellowships both offer a stipend of $3,000 for the term of the Fellowship. Applicants are welcome to supplement this stipend with additional financial support through their law school’s public interest programs or through other public interest scholarships.

. The John D.B. Lewis Fellowship is a competitive fellowship awarded each year to a law student who shows particular promise for a career in international indigenous human rights issues.

. The Terrance A. Sidley Fellowship is a competitive Fellowship awarded each year to a law student who shows particular promise for a career in federal Indian law and international indigenous human rights issues.

. A limited number of unpaid, competitive legal clerkships are also available. Applicants for these clerkships are encouraged to seek their own financial support through their law school’s public interest programs or through other public interest scholarships.

About the Indian Law Resource Center:

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Help Support the UN Declaration on the Rights of Indigenous Peoples

Kirsten Matoy Carlson

July 7, 2010 – Chief Darwin Hill, Tonawanda Seneca Nation, addresses U.S. Department of State officials in Washington, D.C. on the UN Declaration on the Rights of Indigenous Peoples.

The United States is currently reviewing its position on the United Nations Declaration on the Rights of Indigenous Peoples. Federal officials are taking comments on the Declaration through October, 2010. Now is the time to speak out and to urge the White House to endorse the UN Declaration.

Visit www.indianlaw.org to send an e-letter to the White House supporting the U.S. endorsement of the UN DECLARATION on the RIGHTS OF INDIGENOUS PEOPLES!

The Indian Law Resource Center also has draft letters and suggested language for Indian leaders and Non-governmental Organizations to use in your letters to the U.S. Department of State.

Get involved and make a difference!

State Department Consultations on the UN Declaration on the Rights of Indigenous Peoples

Kirsten Matoy Carlson

Tribal Leaders Consultation – July 7, 2010
1pm, Department of State, Washington, DC

Meeting with NGOs – July 8, 2010
10am, National Museum of the American Indian, Washington, DC

The State Department is currently reviewing the United States’ failure to endorse the UN Declaration on the Rights of Indigenous Peoples. As part of this formal review, the State Department is holding consultations to discuss the upcoming review process and receive comments from Indian and Alaska Native nations, NGOs, and individuals.

How To Participate:

Members of federally recognized tribes can participate in the July 7th Consultation either in person or by conference call. RSVP to Declaration@state.gov by July 2, 2010, and include “RSVP – July 7th Tribal Consultation” in the subject line. Please indicate if you will be attending in person or participating via conference call.

Anyone can submit written comments to the State Department by July 15, 2010

– By email to declaration@state.gov

– By mail to S/SR Global Intergovernmental Affairs, U.S. Department of State, 2201 C Street NW., Suite 1317, Washington, DC 20520.

More information on the consultations is available at the State Department website: http://www.state.gov/s/tribalconsultation/declaration/

Indian Law Resource Center among winners of $500K Gruber Foundation International Justice Prize

Kirsten Matoy Carlson

The Indian Law Resource Center, based in Helena, Mont., and Washington, D.C., is among three organizations to share the 2010 Gruber Justice Prize given to individuals and groups that, through the legal system, champion the rights of oppressed peoples.

http://www.gruberprizes.org/GruberPrizes/Justice_PressRelease.php?awardid=58

Job Opening: Indian Law Resource Center Attorney Position

Kirsten Matoy Carlson

January 4, 2010

Position Description and Criteria

The Indian Law Resource Center is now considering applications for an attorney position in the Washington, D.C. office. The attorney will provide legal assistance to Indian and Alaska Native nations, including Indian peoples in Mexico, Central and South America, in matters relating to indigenous rights, sovereignty and international human rights, environmental protection and the rights of Native women. The attorney will play a role in carrying out all of the legal programs of the Indian Law Resource Center.

In addition to legal work, the successful candidate will participate in policy analysis, fund raising, communications activities and other program work of the Center, and will assist in the general administrative tasks of the Center. The attorney will work under the supervision of the Executive Director and the Director of the Center’s Washington D.C. office and with the assistance of other Center attorneys and professional staff.

Substantial knowledge and experience in areas of Indian and Alaska Native affairs, federal Indian law, and indigenous legal issues are required. Federal litigation experience and an understanding of international fora are strongly preferred. Strong research and writing skills and the ability to travel are required. The ability to read and speak Spanish is strongly preferred. We are an Equal Opportunity Employer. Native Americans, women, and all others are encouraged to apply.

An applicant must be admitted to the bar in the United States or must be qualified for admission within a reasonable time. Salary for the position will depend on experience. Excellent benefits are provided.

About the Indian Law Resource Center

The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. We provide legal help without charge to indigenous nations in major cases involving indigenous rights, human rights, land claims, and environmental protection. The Center seeks to overcome problems affecting indigenous peoples by establishing national and international legal standards that uphold indigenous human rights and dignity, strengthen indigenous self-determination, and protect indigenous lands and resources. For further information about the Center, visit our website, http://www.indianlaw.org .

Interested attorneys may apply by sending a cover letter, resume, law school transcript, writing sample (exclusively your work), and list of three references to Marilyn Richardson at mt@indianlaw.org or by mail to 602 N. Ewing St., Helena, MT 59601

The link to the announcement on the website. http://www.indianlaw.org/node/526

Indian Country Today – d’Errico: Navajo Nation, known as an ‘Indian tribe’

Kirsten Matoy Carlson

Originally printed at http://www.indiancountrytoday.com/opinion/columnists/43030782.html

On April 6, the U.S. Supreme Court denied the Navajo Nation any compensation for government actions that allowed Peabody Coal to extract millions of tons of Navajo coal at low rates for 45 years. The decision raises deep issues about the meaning and continuing viability of what is known as the “trust doctrine” in federal Indian law.

The original 1964 lease established a maximum royalty rate of 37.5 cents per ton of coal. U.S. Department of Energy historical data show the average market price of coal of all kinds in 1963 was $4.55. Thus, the original royalty rate was 8.24 percent. The rate was “subject to reasonable adjustment” by the secretary of the interior on the 20th anniversary of the lease and every 10 years thereafter. DOE data show that by 1984 the 37.5 cents per ton rate yielded one to two percent of gross proceeds, far less than the original 8.24 percent.

In 1984, the area director of the BIA, pursuant to the presumed federal “trust” authority, raised the lease rate to 20 percent of gross proceeds, as requested by the Navajo Nation. Peabody filed an administrative appeal and requested the secretary of the interior to postpone decision or to rule in Peabody’s favor. Thereafter, the secretary and Peabody representatives met privately and the secretary postponed his decision. The Navajo resumed negotiations with Peabody and a rate of 12.5 percent was agreed to. The secretary approved the amended rate.

In 1993, the Navajo filed suit against the United States, alleging the secretary’s actions constituted a breach of trust. The Court of Federal Claims found the secretary had “violated the most basic common law fiduciary duties owed the Navajo Nation” by acting in Peabody’s best interests rather than those of the Navajo. That court nevertheless concluded the breach of trust did not require any compensation, because “the trust relationship necessary for our jurisdiction does not exist.”

The record of the case shows the entire leasing arrangement was premised on federal supervisory authority, the core of the so-called “trust doctrine.” Under this doctrine, the federal government asserts paramount ownership of and power over Indian lands. The Peabody lease and rates were negotiated in this framework and only became valid after the secretary’s approval.

Leaving aside, for the moment, the corruption of administrative process by the secretary’s private meeting with Peabody, the question that arises from this case is, “What does the federal trust relationship mean if it provides a presumption of authority over Indian nations but carries no responsibility to them?”

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Bozeman Daily Chronicle: Ordinary Justice

Kirsten Matoy Carlson

http://bozemandailychronicle.com/articles/2009/04/11/news/20symposium.txt

From Bozeman Daily Chronicle

‘Ordinary justice’

By GAIL SCHONTZLER Chronicle Staff Writer

Corporations, churches and even canasta clubs have more rights under U.S. law than American Indian tribes, and respect for human rights and basic fairness demand this must change, says a veteran Indian lawyer and rights advocate.

“All we want is ordinary justice,” Tim Coulter, a Potawatomi Indian and director of the Indian Law Resource Center in Helena, said Friday.

Coulter, who has battled for Indian rights for 40 years and has been honored by Columbia University for his work, spoke to a crowd of about 100 attending the American Indian Law and Resistance Symposium at Montana State University.

Congress has the power to take Indian tribal lands, seize millions of dollars from Indian accounts, take over tribal governments, and even wipe out the legal existence of tribes, Coulter said.

Injustice toward Indians is deeply imbedded in U.S. law, he said. The entire legal framework of U.S. Indian law is based upon the notion that the federal government possesses “plenary powers,” which aren’t written anywhere in the U.S. Constitution, but were invented by the U.S. Supreme Court, he said. That idea has been enforced by the government for the past 200 years.

Just as the black civil rights movement of the 1960s dismantled the racist “separate but equal” laws, Indians need to dismantle the racist framework of laws that deny their rights, he argued.

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