News

BLT: Experts Debate Effects of Voting Rights Act Case on Indian Voting Rights

Matthew L.M. Fletcher

Here.

Excerpt:

During a February 22 media conference call with legal experts, Laughlin McDonald, director of the ACLU Voting Rights Project, said he thinks it is the Supreme Court’s duty to reject the challenge of constitutionality of Section 5. “The Section 5 objections enforcement actions…show that the extension of Section 5 in 2006 was more than justified,” McDonald said. In his report, “Voting Rights in Indian Country,” McDonald lays out several discriminatory decisions, such as redistricting in South Dakota, which diluted the Indian vote.

However, Section 5 is not permanent and jurisdictions may terminate or “bail out” from coverage if they have not discriminated for at least 10 years. Nine states are currently covered as a whole: Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia.

According to Patricia Ferguson-Bohnee, law professor at Arizona State University and author of an amicus brief filed by the Navajo Nation, Section 5 has improved American Indian’s voting rights in Arizona. However, she said, voters are still facing challenges, such as distant poll locations, linguistic barriers, and restrictive ID requirements.

James Tucker, a voting rights of counsel with Wilson Elser Moskowitz Edelman & Dicker and a primary author of the amicus brief filed by the Alaska Federation of Natives, said Section 5 remains an appropriate measure to prevent the ongoing voting discrimination against Alaska Natives. Section 203 of the Act requires that minorities in certain designated jurisdictions are to be given assistance in voting in their native language.

NYTs: Interior Secretary Salazar Details Interior Cuts During Sequester: $130M Cut from Indian Programs

Matthew L.M. Fletcher

Here.

News Profile of USFWS Decisionmaking Process in Question of Bald Eagles and Wind Turbines

Matthew L.M. Fletcher

Here.

An excerpt:

The U.S. Fish and Wildlife Service (FWS) is considering eliminating most public oversight of wind turbine impacts on protected bald and golden eagles by offering developers 30-year permits to kill eagles by accident, as opposed to the current 5-year permits. What’s more, they’re shaping the implementation of that proposed policy change in a series of private “stakeholders'” meetings to which the public is not invited.

American Bird Conservancy letter here.

Free Admission to Cherokee Supreme Court Museum This Weekend

Matthew L.M. Fletcher

Here.

Moapa Drops Tribal Court Suit against Wells Fargo; Agrees to Mediation (Updated 2/25/13)

Matthew L.M. Fletcher

Here is the tribe’s press release:

MOAPA DISMISSES TRIBAL COURT ACTION
Moapa, NV –The Moapa Band of Paiute Indians today announced that it and Wells Fargo Financial Advisors LLC had agreed to submit to mediation certain issues between the parties, and that the Band had caused dismissal of an action against Wells Fargo Financial Advisors commenced in the Tribe’s tribal court.
Tribal Chairman William Anderson commented that “The Tribe will always defend its inherent sovereign rights. However, the Tribe also observes its valid agreements, including valid waivers of its sovereign immunity. Further, the Band strives to be commercially responsible in its contractual relationships. We believe that the Band’s voluntary submission of the issues to mediation and dismissal of the tribal court action reflect these principles. We hope that through good faith mediation the parties will mutually resolve the issues.”
About the Moapa Band of Paiutes
The Moapa Band of Paiute Indians is located on its 72,000 acre Moapa River Reservation in Nevada. The Tribe’s reservation is the proposed site of a solar 350 megawatts energy project generating (sufficient to power 100,000 homes) being developed by K Road Power.

We posted on this case here.

Update — docs here:

Moapa 2-22-13 Press Release

Moapa Tribal Court Dismissal

 

International Indian Treaty Council Files Action with UN CERD in Conjunction with Chief Theresa Spence and the Mushkegowuk People of Attawapiskat First Nation

Matthew L.M. Fletcher2 Comments

Press release here:

Final Press Release IITC Attawapiskat Feb 18 2013

UN Human Rights Press Release: UN Experts Call for VAWA Reauthorization

Matthew L.M. Fletcher1 Comment

USA: UN rights experts call on Congress to reauthorize the Violence Against Women Act

GENEVA (19 February 2013) – The United Nations Special Rapporteurs on violence against women, Rashida Manjoo, and on the rights of indigenous peoples, James Anaya, urged the United States Government to reauthorize the Violence Against Women Act (VAWA). Their call follows the recent approval by the US Senate of a bipartisan bill to reauthorize and strengthen VAWA.

“Since its enactment in 1994, the Violence Against Women Act has played a crucial role in providing guidance to state and local level governments, and in facilitating their adequate responses to violence against women,” Ms. Manjoo said. “It has steadily expanded funding to address domestic violence and, with each reauthorization, it has included historically underserved groups.”

The new bill includes improvements with regard to the criminal justice system’s response to crimes including sexual assault and homicides resulting from domestic violence. It also foresees enhanced protections for Native American and Alaskan Native women, lesbian, gay, bisexual, and transgender victims, as well as immigrant victims and their children.

“Following my visit to the United States in 2011, I highlighted the positive legislative and policy measures undertaken by the US Government to fight violence against women, including the enactment and subsequent reauthorizations of the Violence Against Women Act, and the establishment of a dedicated office on violence against women at the highest level of the Executive,” the expert on violence against women said.

Likewise, Special Rapporteur Anaya expressed concern in his report following his visit to the United States in 2012 that numerous cases of violence against indigenous women are committed by non-indigenous individuals, many of whom are not subject to indigenous prosecutorial authority because of their non-indigenous status.

“Congress should act promptly to pass key reforms to the Violence Against Women Act that bolster indigenous tribes’ ability to prosecute cases involving violence against indigenous women,” emphasized the expert on the rights of indigenous peoples.

“We would like to reiterate the importance of reauthorizing VAWA in order to build upon its accomplishments and continue striving for more adequate responses from the authorities in providing protection to victims and ensuring accountability for perpetrators,” the UN Special Rapporteurs stressed.

ENDS Continue reading →

News Coverage of Casino Developer Suit against Delaware Tribe

Matthew L.M. Fletcher

Here.

NYTs on VAWA Reauthorization

Matthew L.M. Fletcher1 Comment

Here.