Second Edition — Tribal Healing to Wellness Courts: The Key Components

Joseph Thomas Flies-Away, Carrie Garrow, and Pat Sekaquaptewa have published the second edition of Tribal Healing to Wellness Courts: The Key Components (PDF).

“Indian Tribes and Human Rights Accountability” Panel 2

Judges Carrie Garrow and Joseph Thomas Flies Away, and Professor Kirsten Carlson. Moderator, Ken Akini.

Ken:

Carrie Garrow Op/Ed: Indians Shut Out of the Courts of the Conqueror

Here. An excerpt:

To the Editor:
In the beginning of the fall semester, you can usually spot the first-year law students in the hallway — bright and optimistic, true believers in the U.S. legal system. If you look closely, it is often just as easy to identify the American Indian students. Not by the stereotypical images portrayed by popular culture, but by looking into their eyes. They know the truth about the U.S. legal system — that the doors of justice are closed to Indian nations.

The recent U.S. Supreme Court’s denial of the Oneida Indian Nation land claims appeal is a case in point. The federal courts acknowledged that New York took Indian land in violation of federal law. But rather than dispensing justice, the courts focus on the “disruptive nature” of Indian land claims. The jurists cringe, contemplating an imagined disruption that towns and counties might suffer if Indian nations were to win their case — despite the fact that the only remedy considered was financial damages from the state and federal government to compensate for the illegal taking of land.

Why is there no weighing of the disruption to the Indian nations, such as the loss of millions of acres? What about the disruption caused by the Thomas Indian Boarding School, run by the state from 1875 to 1957, where Indian children, sometimes forcibly removed from their homes and separated from their siblings and parents, suffered abuse and a regimented, military-type lifestyle?

What about the disruption caused by New York state demanding the federal government give it criminal jurisdiction over the Indian territories within its borders? Isn’t it a good thing to protect crime victims? Maybe, but that’s not happening in Indian Country, as national statistics indicate American Indians are twice as likely as other races to experience rape and sexual assault.

And it’s not Indians committing these crimes. Sex crimes against Native women are disproportionately committed by non-Native men — a staggering 86 percent. Native women are often silent victims, because not only are they scared to report crimes to a state that has a history of stealing their children, they also do not vote or pay property taxes. But let’s not consider the disruption these Indian women feel as they fall victim to violent crimes.

Volumes have been and will be written about the disruption felt by the Indian Nations due to the laws and policies of New York. It is not a surprise that what most concerns the federal courts is any potential disruption that a town or county might suffer. As the late New York State Assemblyman Frank A. Walkley noted in 1970 at a public hearing discussing a potential Indian land claim settlement, “If (the Oneida Indian Nation) claim is a valid one and settlement is made, what I am trying to avoid is another wrong on a town or village.”

Walkley would have been pleased to see that the federal courts did step up to protect the towns and villages built upon land taken illegally by the state. This is no surprise to the Native students at the College of Law — it is just another chapter in 234 years of dealings between the Indian nations and New York.

In the courts of the colonizer, justice is never on our side. But after 234 years of broken treaties and confiscated property, the Nations are still here. The battle is not over.

Carrie E. Garrow is adjunct professor at Syracuse University’s College of Law, where she is executive director of the Center for Indigenous Law, Governance and Citizenship. The eighth annual Haudenosaunee Conference will be held Friday and Saturday at Syracuse University.

Carrie Garrow on the Iroquois Nationals

From the Syracuse Post-Standard, via Indianz:

CarrieGarrow.JPGCarrie Garrow

Earlier this month, the Iroquois Nationals lacrosse team couldn’t participate in the World Lacrosse Championship because British authorities would not accept the team’s Haudenosaunee passports. In news stories and letters to the editor of The Post-Standard, many have focused on one question: Why do the Iroquois care which passport they use? Carrie Garrow, executive director of The Center for Indigenous Law, Governance & Citizenship, at Syracuse University’s College of Law, and a member of the St. Regis Mohawk Tribe, spoke with staff writer Hart Seely.

One news account described the players’ view of being forced to use U.S. passports as “an attack on their identity.” What do they mean by that?
No one would ask a Canadian to travel under a passport from Switzerland or the United States. We have a right as a nation to have our own citizenship laws. We have a right to travel under our own documents.
We’ve been recognized as nations under treaties with the United States and with Great Britain, and we’re simply asking that they continue to recognize that we are nations, and that we can identify our own citizens.

How far back does this go?
Even before the forming of the U.S. Constitution, there were treaties with Great Britain and the United States. … We predate the forming of the Constitution, which is why we are outside of its scope.
Aren’t there counter-arguments that these laws no longer apply?Under international law, treaties are still upheld. We uphold our end of the treaties and we expect the United States to do the same. I think the U.S. would certainly articulate that they’ve broken some treaties and have a right to do so, but under international law, they are bound to uphold their word.

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Carrie Garrow on Haudenosaunee Land Claims

Carrie Garrow has published “Following Deskaheh’s Legacy: Reclaiming the Cayuga Indian Nation’s Land Rights at the Inter-American Commission on Human Rights” in the Syracuse Journal of International Law and Commerce. Here is the intro:

Deskaheh, Chief of the Younger Bear Clan of the Cayuga Nation in the 1920s, prepared the path for international recognition of Haudenosaunee (People of the Longhouse) sovereignty and human rights. An eloquent orator and resolute leader, he spent many years advocating for international recognition of Haudenosaunee sovereignty and treaty violations by Canada. In 1921, as Speaker of the Six Nations Council, he traveled on a passport issued by his nation to seek British aid to halt Canada’s attempt to overthrow the traditional form of government and impose an elected band council. Despite failing to convince the British to intervene and protect the treaty they had signed with the Six Nations living in Grand River, Deskaheh returned to Europe in 1923. He traveled to Geneva to “bring his peoples’ case before the League of Nations.” While he fought to receive permission to appear before the League, the Canadian government, in violation of Haudenosaunee sovereignty and treaties, announced a “free election” under armed guard of twenty Canadian police at Grand River to determine whether or not the Six Nations Government of Grand River Land should be dissolved. Meanwhile back in Geneva, Deskaheh was denied permission to appear before the League’s plenary session, despite the Netherlands and Albania’s support of his petition. Determined to educate the world about the violation of his people’s rights, Deskaheh presented his nation’s case at a press conference attended by many nations and “[w]hen he finished, there was a moment of silence–then the roar of a tremendous ovation. Thousands rose to their feet to cheer him and the great hall echoed and re-echoed with their applause.” At the end of 1924, Deskaheh returned to the United States, an exile from Canada unable to cross the border. Although Deskaheh thought himself a failure, “he found that the people for whom he had fought did not think him a failure. From their northern homes in Grand River Land, they journeyed here to see him and assure him of their loyalty.”

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