Michigan State Law Review has published several articles from its symposium on Wenona Singel’s paper “Indian Tribes and Human Rights Accountability.”
Tribal Rights, Human Rights
Kristen A. Carpenter & Angela R. Riley
2013 Mich. St. L. Rev. 293 | Download PDF
Nenabozho’s Smart Berries: Rethinking Tribal Sovereignty and Accountability
Heidi Kiiwetinepinesiik Stark
2013 Mich. St. L. Rev. 339 | Download PDF
Jurisdiction and Human Rights Accountability in Indian Country
Kirsten Matoy Carlson
2013 Mich. St. L. Rev. 355 | Download PDF
First “Review” of Scholarly Promise and Achievement
2013 Mich. St. L. Rev. 291 | Download PDF
Tribal Sovereignty and Human Rights
Joseph William Singer
2013 Mich. St. L. Rev. 307 | Download PDF
A Most Grievous Display of Behavior: Self-Decimation in Indian Country
David E. Wilkins
2013 Mich. St. L. Rev. 325 | Download PDF
Healing to Wellness Courts: Therapeutic Justice
Joseph Thomas Flies-Away & Carrie E. Garrow
2013 Mich. St. L. Rev. 403 | Download PDF
Our own Wenona T. Singel has posted her paper, “Indian Tribes and Human Rights Accountability,” on SSRN. The San Diego Law Review recently published it.
Here is the abstract:
In Indian country, the expansion of self-governance, the growth of the gaming industry, and the increasing interdependence of Indian and non-Indian communities have intensified concern about the possible abuse of power by tribal governments. As tribes gain greater political and economic clout on the world stage, expectations have risen regarding the need for greater government accountability in Indian country. Despite these expectations, Indian tribes are largely immune from external accountability with respect to human rights. In fact, tribes have effectively slipped into a gap in the global system of human rights responsibility. The gap exists in the sense that tribal governments are not externally accountable in any broad sense for abuses of human rights that they commit. The failure of the legal system to provide for tribal accountability for human rights produces serious harms for Indian tribes and their polities. In this Article, I argue that the conventional understanding of tribal sovereignty must be reformed to reflect the transformative international law principle that all sovereigns are externally accountable for human rights violations. I then offer a proposal based on tribal accountability and respect for tribal sovereignty. I propose that tribes develop an intertribal human rights regime that includes the formation of an intertribal treaty recognizing tribal human rights obligations and establishing an intertribal institution with the capacity to enforce human rights violations. An intertribal human rights regime offers the best possible method for providing external accountability for tribal abuses of human rights. It allows tribes to address human rights violations without relying upon solutions supplied or imposed by the federal government. It also allows tribes to articulate and interpret universal human rights in light of their cultural, philosophical, spiritual, political, and social perspectives, and it allows them to develop effective and culturally appropriate institutional enforcement mechanisms.
You may recall that Michigan State Law Review hosted a symposium on Wenona’s paper. We will post those papers as soon as they’re published.
Wenona Singel’s concluding remarks:
Kirsten Carlson, Kristen Carpenter, Wenona Singel, Angela Riley, and Carole Goldberg
Gerald Torres, Lani Guinier, and Joe Gone.
A very serious panel — Dean Kristen Carpenter, Professor Angela Riley, and Vice-Chancellor Carole Goldberg. Moderator, Susan Bitensky.
Eva Petoskey, and Professors Rebecca Tsosie and Heidi Stark. Moderator, Hannah Brenner.
Trent Crable, John Echohawk, and Professor Frank Pommersheim. Moderator, Glen Staszewski.
Judges Carrie Garrow and Joseph Thomas Flies Away, and Professor Kirsten Carlson. Moderator, Ken Akini.
The first panel, Dean Stacy Leeds, and Professors John Borrows and Joseph Singer. Moderator, Estrella Torrez.