And Yet More Press Coverage of Inland Settlement

From the Detroit Free Press: “Some people argue that Indians who exercise their treaty rights should be required to use only the fishing and hunting gear available in 1836. But the treaty doesn’t say that, and if you read histories of northern Michigan in the 1830s, when Sault Ste. Marie was a much bigger town than Detroit, you’ll realize that the Indians already had a fairly substantial commercial net fishery going to supply the needs of their tribesmen and the white settlers.”

MSU Student Paper: “Conducting Embryonic Stem Cell Research on Tribal Lands in Michigan” by Dr. Jake Allen

An MSU 3L, Jake Allen, a member of the Nez Perce Tribe and a surgeon, has recently published this paper in the Michigan State Journal of Medicine & Law. From the paper:

A unique relationship has developed between the Native peoples and the United States government, which in some ways resembles the relationship between the States and the federal government.Historically, however, the term “domestic dependent nation” has been applied to the sovereignty status of a tribe. Exclusive federal authority and tribal sovereignty trump many laws of the particular state in which the tribal lands are located. Gaming is a well known example, but to what extent are other state laws inapplicable to Indian land located within the boundaries of a particular state? Michigan has civil and criminal statutes prohibiting the use of live or dead embryos and human somatic cell nuclear transfer technology to produce a human embryo. In the opinion of Michigan State Representative Andy Meisner, these statutes severely limit stem cell research, negating the potential medical benefits that may be derived from such research, and are among the most restrictive in the nation. There is enough concern in promoting stem cell research in Michigan, that a newly formed group called Michigan Citizens for Stem Cell Research & Cures, has launched a stem cell public education project. On the other end of the spectrum, some states are actively promoting and funding stem cell research. Despite the laws in Michigan inhibiting stem cell research, could research that is prohibited by state law be conducted on Indian land should the Indian governing bodies so desire? The answer depends on many factors, but none more important than Indian tribal sovereignty.

For example, state laws restricting gaming are unenforceable on Indian land, at the discretion of the tribal government. Michigan has some of the most restrictive laws concerning stem cell research, when compared to most other states. The question of whether this type of research could be done on Indian lands is compelling because there are medical diseases which affect the native populations disproportionately compared to Caucasian populations, and for which stem cell research shows great promise to cure or improve the treatment. One of the most devastating diseases that has disproportionate affects on Native Americans is diabetes, a disease that has been hailed as having great potential to be cured with stem cell research. Additionally, the economic benefit from a large research center on Indian lands would greatly aid the Native population financially. Third, there is the consideration of keeping top Michigan scientists in the field from moving (along with their research dollars, prestige, and programs for budding Michigan scientists) to other states, such as California, that allow, encourage, and fund embryonic stem cell research.

This article provides a background for the legal considerations that play a part in debates concerning embryonic stem cell research and therapeutic cloning as it affects this research being performed on Indian lands. This article first examines the importance of stem cell research (Part I), Indian sovereignty (Part II), the Michigan statutes prohibiting such research (Part III), the status of international, federal, and other state laws (Part IV), the legal status of an embryo (Part V), and discusses the ethics of embryonic stem cell (Part VI). In Part VII, the issue of whether embryonic stem cell research and cloning can be done in Indian lands is discussed. This article argues that under most scenarios, embryonic stem cell research, and probably therapeutic cloning, could be performed on Indian reservations in Michigan despite the state statutes prohibiting such research.

Occasional Paper on Economic Development

In conjunction with the upcoming 2nd Annual Great Lakes Economic Development Symposium, which Matthew posted about here, I’ve written an introduction to eight articles we’ve submitted for the conference materials. The piece, From Economic Development to Nation Building: Observations on Eight Articles about Tribes, Sovereignty and Economic Development, will also be available on the Center’s Occasional Papers website.



Gatherer’s Rights under the Inland Settlement

http://www.freep.com/apps/pbcs.dll/article?AID=/20071007/NEWS06/710070683

New rules on gathering seen as an attack on Indians’ way of life

ST. IGNACE — Standing in a field with the Mackinac Bridge as a backdrop, Tony Grondin scatters loose tobacco on the ground.

He mutters a prayer in Anishinabewoon under his breath, thanking the life he is about to take for its gift. With a knife, he makes a deft, bloodless cut and then gently holds up his prey: branches of a nannyberry bush.

Grondin, 58, is a gatherer for his tribe, the Sault Ste. Marie Chippewa. From boiled bear fat (used as a salve) that he renders himself to porcupine pelts picked clean by beetles, he provides medicine and ceremonial items for the tribe’s healers. But he said his gathering is at risk, after five tribes and the state signed an agreement that restricts it.

“It’s wrong,” he said.

And he may flaunt the new rules.

Grondin said he treats all forms of life with dignity. Much of his knowledge of the woods and waters of the eastern Upper Peninsula was absorbed from elders and relatives who taught him. He will take the branches to his garage for drying, along with hundreds of other things he’s preparing.

Grondin isn’t just a gatherer; he’s a prodigious hunter, tracker, fisherman, trapper and taxidermist who tans his own hides. He makes unprocessed tobacco for ceremonies. He builds drums from tanned deer hides stained with dye he makes from walnuts.

When he harvests birch bark, he is careful not to kill the tree. When he harvests a plant or kills an animal, he uses every scrap.

Under the new agreement, Grondin — for the first time in his life — needs a permit to gather. The deal restricts him to certain state lands and limits what and how much he can gather. He must make reports on what he has picked or cut.

The rationale is to conserve nature’s resources, but he doesn’t buy it.

“We have been preserving them forever,” he said. “It baffles my mind to get permits.” Having someone dictate where elements of a medicine are gathered could render it useless. “A healer could reject it,” he said.

Living in 2 worlds

Grondin is a tall, silver-haired man. He thinks before he speaks.

Born and raised in St. Ignace, the city on the Upper Peninsula side of the Mackinac Bridge, Grondin has traced relatives back to the 1600s. His grandfather owned Rabbit’s Back, a lumpy chunk of land on Lake Superior where the tribe’s newest casino sits. His father taught him the Anishinabewoon language and how to gather.

He inhabits parallel worlds. He was raised Catholic, flies an American flag and won a Purple Heart as a U.S. soldier in Vietnam. He worked for the state highway department until retirement. The kitchen of the family home, which is not on a reservation, is decorated in an apple motif.

But in his study, the Indian half of his life unfolds. A gnarling bear on the wall is surrounded by seven majestic deer heads and a stuffed hawk, bobcat, fox, raccoon and weasel. Beautifully tanned pelts of coyote, badgers, beavers, skunks and deer hang in a corner. From a closet he pulls the elaborate outfit he wears at powwows, which he fashioned partly from the head, claws and feathers of a bald eagle killed by a car.

Gathering is more than roots and berries for Grondin. He gets excited when he comes across fresh roadkill — a possum, raccoon or a rabbit — that’ll soon be in his freezer. He saves the animals’ toenails for rattles.

Grondin’s garage, too, is a place of wonder: a cave of powerful sweet smells and odd bits of hairy flesh scattered among things like his Sears riding mower and red tool chest.

Every corner holds a surprise. There is a jar of rendered bear fat he boiled himself, moose hooves from Canada, bear claws with hair still stuck to them in a baggie and beetles feasting on the underside of a porcupine pelt on the floor. Dried sage and sweetgrass hang in bunches from the ceiling.

He gathers cedar bark to sheath the roof of a tepee at the local American Indian museum. Cutting cedar bark will kill the tree. He typically takes about 10 cedars a year, he said, using leaves for tobacco, milling the wood for drums and turning the tiniest branches into buttons for ceremonial shirts.

“My dad taught me all this,” he said. “Our culture teaches us to take what we need, and leave the rest for others.”

Reasons for a change

The Sault tribe’s 23,000 adult members are voting until Oct. 17 on whether to approve the hunting-fishing-gathering agreement with the state; ballots went out the last week in September. Until the voting ends, said tribal spokesman Cory Wilson, the tribe has no comment.

The state sought the rules on gathering so tribes could have access to what they need, but would work with local forest managers on where and when to get it, said Mary Dettloff, spokeswoman for the Department of Natural Resources.

“We’re permitting them to do it, but asking their cooperation,” she said. “You can’t just go into the forest and cut down the trees.”

Frank Ettawageshik, chairman of the Little Traverse Bay tribe near Petoskey, said the agreement gives the tribes certainty that their hunting, fishing and gathering rights under a 1836 treaty with the U.S. government will be honored. He said the gathering rules would help protect resources for coming generations.

Grondin disagrees.

“I hope our tribe rejects it,” Grondin said. “Whatever the tribe requires, I’ll do. But I will still gather where I want.”

This is a very interesting story, but if the only problem is that tribal gatherers and hunters need a permit, I’m not sure it’s compelling. I don’t see the Inland settlement doing anything but guaranteeing the right to gather, subject to tribal regulations. If Soo Tribe members want to reject the settlement, that is their prerogative, but the alternative likely is costly and (possibly disastrous) litigation.

However, though it isn’t as spectacular a story as the Makah whaling controversy, the possibility that some Michigan Indians will reject the Inland settlement is similar to that case, where tribal people harvested a whale in violation of tribal and federal law. The notion of tribal people rejecting treaty rights and their various interpretations by courts, tribes, and non-Indian governments in favor of “pre-treaty” rights is an interesting legal, historical, and political question.

Michigan Indian Gaming Materials: Compacts

The 1993 stipulation and consent judgment in Tribes v. Engler is here.

The GTB compact is here — the compacts of GTB, Saginaw Chippewa, LVD, Sault Tribe, BMIC, Hannahville, and KBIC are the same.

The LTBB compact is here — the compacts of LTBB, LRB, Pokagon, and Huron Nottawaseppi are all the same. LTBB’s Mackinaw City amendment is here.

All the compact materials are available here.

Rethinking Columbus Day at GVSU

GVSU Columbus Day Event — from Media Mouse

columbus wanted posterYesterday, Grand Valley State University’s (GVSU) Native American Student Association held a “Rethinking Columbus” panel discussion. The discussion offered an alternative to the prevailing mythology of Columbus as a great hero in American history and honored the legacy of indigenous people in the Americas.The panel began with GVSU history professor Brian Collier discussing the origins of the “Columbus Day” national holiday. Collier explained that the Colombian Order first celebrated Columbus’ encounter with the Americas on its 300th anniversary in 1792. By 1892, a movement led by Italian-Americans developed to make the day an official holiday. That effort was largely spear-headed by the Knights of Columbus and it became more successful in the early 1900s as it was able to play off of sympathies directed towards Italians because of a series of natural disasters that struck Italy during that time. Denver became the first city to host a “Columbus Day” event in 1907, followed by New York City in 1909, and becoming a national holiday shortly thereafter. The day, according to Collier, has become a celebration of colonization and the killing of more than 100 million indigenous people–a number that dwarfs the 100,000 people killed in Italy’s natural disasters during that period. As an alternative to “Columbus Day,” Collier urged the audience to honor native peoples by respecting cultural knowledge, promoting sovereignty, supporting native businesses, and teaching others about natives.

Native American artist, actor, and activist Lee Sprague–a current resident of Oakland and Michigan native–spoke next. He addressed the problem of the panel being attended entirely by folks who already understood the devastating legacy of Columbus and expressed the need to both engage a larger audience as well as those with power in society. Sprague encouraged the audience to think about how media images of Native Americans–especially “romantic” images–dehumanize indigenous peoples. He repeatedly stressed the importance of being polite and willing to discuss issues with opponents. As part of that strategy, Sprague told the audience that it was important to do positive and forward-looking organizing–such as the renaming of “Columbus Day” to “Indigenous Peoples Day” in Berkley adopting a native city as a “Sister City”–as well as trying to shift colonial paradigms, an example of which could be changing the language you use to say that you are from Michigan to saying that you are from “the territories currently occupied by Michigan.”

Sprague–who has a degree in international law–told the audience that it is also important to think of the conquest of the Americas in the framework of international law. Sprague explained that Article 2 of the United Nations’ “Convention on the Prevention and Punishment of Genocide1“–of which the United States is a signatory–describes the actions of both Columbus and the United States. Article 2 describes genocide as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:”

“(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.”

Sprague–who admitted that colonialists founded the United Nations–said that the mass killing of the indigenous peoples of the Americas should be considered genocide based on this Convention. However, it has never been described as such, nor has anyone ever been prosecuted for it, despite the fact that the Convention sets no statue of limitations. Sprague said that no indigenous nations are currently recognized at the United Nations and therefore nobody has standing to bring forth such a prosecution.

The final panelist was Ben Williams who is a local Native American drummer/singer and community activist. Williams–who was recovering from a recent cold–spoke briefly about Columbus and the travesty of “Columbus Day.” He reminded the audience that Columbus did not even land on North America and that from the time when he landed in the Caribbean he abused the native peoples, using them as games for his dogs, for testing their knives, and throwing their babies for “fun.” In reaction to the real legacy of Columbus, the state of Minnesota does not observe the holiday, South Dakota celebrates it as “Native Peoples Day,” and Nevada does not celebrate it as a holiday. He told the audience that “Columbus Day” is one of only two federal holidays named after people, with the other being Martin Luther King, Jr. Day. He said that this is an insult to Martin Luther King, Jr. and his fight for equality. In closing, he shared the following graphic with the audience:

equal?

For details, see here.

Grand Traverse Band Marina Proposal

From the Leelanau Enterprise:

Tribal officials have unveiled plans to build a 129 to 135-slip municipal marina in Peshawbestown that could be open for business as early as the 2008 boating season.

The Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians took actions last week that could pave the way for the dredging and construction project to begin before the end of this year.

2nd Annual Great Lakes Tribal Economic Development Symposium

This symposium is scheduled for October 31 and November 1 at the Soaring Eagle casino and hotel in Mt. Pleasant.

Keynote speakers include Lance Morgan of Ho-Chunk Inc. and Joe Kalt of the Harvard Project.

The most recent agenda (subject to change) is here.

More Federal Recognition Materials: Grand River Bands

The Grand River Bands of Ottawa Indians of Michigan (official website) has been petitioning for federal recognition.

Chairman Ron Yob’s powerful testimony before the Senate Indian Affairs Committee is here (2006) and here (2007).

Senator Carl Levin’s statement about the Bands is here.