Report on the Polar Law Conference and Arctic Circle Conference in Iceland – Long

I just returned from Iceland, where I participated in the 6th annual Polar Law Conference and the inaugural Article Circle Conference. The events drew an impressive array of speakers. It was almost a “who’s who” in Arctic affairs, bringing in heads of state, ambassadors, special envoys, lawyers, scholars, business executives, scientists, activists, students, and other interested people. Coverage of both events can be found online.

Polar Law Conference

Arctic Circle Conference

Instead of simply reviewing the events, I thought I’d mention a few of the presentations and events that were of particular interest to me and that might be interesting to some of you.

This is the second time I have attended the Polar Law Conference. I was impressed both times with how open the attendees are to discussing the implications of Arctic development on the Indigenous peoples who reside in Arctic regions. In fact, I found myself engaged in fascinating discussions with legal scholars from many locations who do not understand the U.S. domestic legal policies toward tribes (does anyone truly understand this?) as well as what appears to the international community as the United States’ hesitance to apply UNDRIP, join ILO 169 or UNCLOS, or apply international customary law norms in US courts. Even more interesting are the discussions on how Indigenous groups around the world are dealing with issues that face us all such as: access to sacred sites, protection of subsistence rights, violence against women, preservation and protection of cultural knowledge, among other things.

Here are some highlights from presentations made at both conferences:

Timo Koivurova, Director of the Northern Institute for Environmental and Minority Law, referred to the evolving indigenous law regime that is developing internationally and the need for this regime to trickle down to the domestic level to be truly effective.

Antje Neumann, Researcher at the Univ of Akureyri and PhD Candidate at the University Tilburg presented a compelling paper on the role of Indigenous knowledge in environmental protection and how assisting Indigenous groups to preserve traditional knowledge may benefit all nations when working on ways to protect and preserve the environment.

Kári á Rógvi, Member of Parliament, Faroe Islands spoke on the struggles that Faroe Islanders face as a self-governing nation under the sovereign authority of Denmark. The similarities in legal struggles between the Faroe Islands and Tribes in the US were striking, and Kári and I both agreed that we might be able to learn much from each other since the issues we face are quite similar.

Leena Heinämäki, Research Fellow, Northern Institute for Environmental and Minority Law, shared a project she is involved with on reclaiming sacred natural sites of Indigenous Peoples in the Circumpolar Arctic. Researchers from various countries are bringing together the similarities and differences that Indigenous Peoples in all Arctic countries are facing, and trying to created a unity of purpose between these groups.

Mara Kimmel, an Alaskan attorney and PhD Candidate, Central European University, gave a fascinating paper called “Land, Governance and Well-Being – An Alaskan Case Study.” Her PhD thesis will be coming out soon, and I am looking forward to reading about Alaska Native land claims, governance issues, and the link to the well-being of the people. Since my presentation had to do with human security issues for Indigenous communities in Alaska and Canada related to economic development, we found a lot of cross issues between human security and the ability to self-govern effectively.

Aqqaluk Lynge, Chair, Inuit Circumpolar Council spoke about the question of whether Indigenous people in the Arctic will thrive or just survive. He said that he is not yet convinced that the Arctic will become a place of peace. He challenged the international community to focus on honesty, integrity, transparency and accountability in its dealings with Indigenous Peoples.

Edward Itta (Inupiaq), Commissioner, U.S. Arctic Research Commission gave a powerful presentation. He wanted to know how the Inupiaq can participate more meaningful in economic opportunities. Perhaps, as he said, it is time for Indigenous peoples to ponder a challenge to the current status quo. As he also said, the Inupiaq “degree” in the Arctic world is their survival!

Gudmundur Alfredsson, Univ of Akureyri (and influential part of the creation of UNDRIP), chaired the session where Mr. Itta spoke. He pointed out the less-than-stellar human rights and Indigenous rights records that many of the Arctic states have. He said that it might be time for the world to start focusing on the North and these important issues. He also took a moment and had every Indigenous person in the audience raise their hands. While there were numerous hands raised, we were still quite a small minority. He said that maybe next year we can do better.

The conference had many memorable moments, from the moment when the director of Greenpeace confronted President Putin’s Special Envoy about the arrest of the 30 Greenpeace protestors to the Google Maps presentation showing the in-depth mapping of the ocean to the gorgeous northern lights display (thanks to Mother Nature for that). It was worth the time to attend.

It would be great to see a stronger representation of Alaska Natives getting their voices heard at these conferences along with other legal scholars from the U.S. While I understand that many in the U.S. do not find it worthwhile to spend much time on the international scene, and it is often cost prohibitive, I think we have a unique opportunity related to the Arctic. The attention of the world is turning to that region, and right now we have an opportunity to have our voices heard. Further down the line, the policies will be set and we will be stuck trying to change the practices that we disagree with. Right now we may be able to influence them from the start. It’s something to consider.

Update in Little River Off Reservation Casino Proposal

Here, from LRB:

Little River Band of Ottawa Indians Ogema Larry Romanelli made a surprise announcement at the tribe’s Fall Membership meeting shortly before 2 p.m. this afternoon. He announced that Michigan Governor Rick Snyder has agreed to let the tribes’ petition to establish a casino proceed to the Bureau of Indian Affairs (BIA) for consideration.

Romanelli brought the Muskegon Casino task force members to the stage at the Makwa Endaat Entertainment Center as details of the announcement were told to the assembled tribal members. Romanelli thanked the task force and past and present members who contributed so much to the four year long effort. The announcement was officially released on the state side by Senator Geoff Hanson in Muskegon.

Tribal Council Speaker Virg Johnson, reacting to the announcement stated that, “We are ecstatic that Governor Snyder has made this move in support of consideration of our project in Muskegon. Our tribe is excited about the potential of our proposed resort to help the people of the Muskegon area and Fruitport in particular…an area hard hit by economic challenges over recent years.”

The Muskegon region is home to a large concentration of tribal citizens who, along with all units of government in the area, actively support the casino project.

Ogema Romanelli, revealed that he and task force members have been waiting to share the information for several days in order for Senator Hanson to make the official announcement. This approval by the Governor is the first step in a multi-step process of due diligence that’s required of the Secretarial Determination Process.

The proposed casino would be on the site of the old Great Lakes Downs race park just off of the intersection of I-96 and US31.

Bruce Fein on NYs Strategy against Tribal Payday Lenders

From HuffPo, here.

Federal Court Orders Individual Defendant to Pay $475K Civil Penalty in City of New York v. Golden Feather

Here is the order:

DCT Order on Civil Penalty

Prior materials here, here, and here.

 

Little River Band Ottawa Signs Two More Collective Bargaining Agreements with Unions

For Immediate Release

(October 6, 2013) Manistee, MI ​

COLLECTIVE BARGAINING AGREEMENTS
COMPLETED UNDER TRIBAL LAW

Deepening a five year relationship under the labor law of the Little River Band of Ottawa Indians, the United Steelworkers Union and the Manistee, Michigan-based Little River Casino Resort have completed two new collective bargaining agreements. The contracts, which cover employees within the Resort’s security and slot tech departments, were ratified late last week by the USW.

“As far as we are aware, no other Indian tribe in the country has as many collective bargaining agreements entered into pursuant to tribal law,” said Wendell Long, the General Manager for the Resort, and a member of the Choctaw Nation of Oklahoma. “This exemplifies tribal sovereignty at work,” said Virgil Johnson, the elected Speaker of the Band’s Tribal Council, which is responsible for enacting the Band’s laws. “We are very proud of our success,” he said.

In 2007, the Band enacted its Labor Organizations and Collective Bargaining Law to cover employees within its public sector operations, including the Little River Casino Resort. The Band conducts gaming as a substitute for a tax base to generate revenue to support governmental services it provides to its members under the Indian Gaming Regulatory Act. The Band’s gaming revenues from the Resort provide the bulk of funds for its health programs, police department, and court system, as well as many other governmental programs.

The Band’s labor law establishes a structure for union elections, bargaining rules, and the resolution of unfair labor practice charges. “We found much to learn from the way state governments regulate collective bargaining,” said Speaker Johnson, “but in the end, this law reflects the unique values of our Ottawa community.”

The Resort and the USW have engaged in bargaining unit elections and collective bargaining over employment terms and conditions affecting more than 100 employees at the Resort. The first agreement was signed in December, 2010 and two others followed by October of 2012. According to Bill Laney, USW Staff Representative: “The USW and the Resort have developed a good working relationship and the successful outcome of these negotiations is proof that the Tribe’s collective bargaining law is now working. It gives employees a voice in determining their wages, hours and working conditions and the ratification of these two contracts shows that unit members are satisfied with the results.”

Ogema Larry Romanelli, the Band’s executive branch leader, has monitored management-union relations at the Band. “A lot of hard work and long hours have gone into the negotiation of these collective bargaining agreements,” he said. “They reflect the good faith of union and management, alike.”

Oral argument is scheduled before the United States Court of Appeals for the Sixth Circuit on Tuesday, October 8th in a case in which the National Labor Relations Board has challenged the authority of the Band to apply its labor law at the Resort.

For information on the Little River Band’s labor and employment laws, contact the Office of Public Affairs for the Little River Band of Ottawa Indians at 2608 Government Center Drive, Manistee, MI 49660. Office phone 231.723.8288. E-mail to gzaring@lrboi.com

Consumer Financial Protection Bureau Denies Petition by Tribal Payday Lenders to Set Aside Investigative Demands

Here:

201309_cfpb_decision-on-petition_great-plains-lending-to-set-aside-civil-investigative-demands

Thanks to S.D. More material here.

Update in Federal Trade Commission v. Payday Financial (Martin Webb) — Defendants Ordered to Pay FTC More than $400K

Here are the new materials in Federal Trade Commission v. Payday Financial LLC (D. S.D.):

52 PF Motion for Summary J

58 FTC Response

60 PF Reply

94 FTC Motion for Summary J

103 PF Opposition

114 FTC Reply

117 DCT Order Denying PF Motion for Summary J

120 FTC Memorandum of Supplemental Authority

120-1 Exhibit A

120-3 Exhibit C

131 DCT Order Granting Partial Summary J to FTC

Materials from the complaint here.

Federal Court Denies Injunction in Otoe-Missouria Tribe v. New York State Dept. of Financial Services

Here:

NY Order Denying PI Relief

Materials are here.

Property & Environment Research Center on Native (Lack of) Property Rights

Here’s an interesting perspective from PERC. It’s hard to tell if it’s a termination/allotment perspective dressed up in new clothes or a true self-determination perspective.

NYTs Coverage of Nez Perce Fight against MegaLoads and Climate Change

Here.

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