Guest Post by Rob Williams: NCAI, NOT STATE RECOGNIZED TRIBES, HAS AN IDENTITY ISSUE

By Robert A. Williams, Jr.

At its annual meeting next week, the National Congress of American Indians (NCAI) will consider removing state recognized tribal governments from its voting membership. This proposal comes amid an all-out, misguided assault on state recognized Tribes based on the asserted claim that they somehow threaten Tribal sovereignty.

This self-righteousness about who qualifies and who doesn’t qualify as Indigenous is all too familiar.  This brand of identity-policing is based on the historically mistaken belief that there has been a foolproof, legitimate and consistent system developed by the United States as a colonizing government for recognizing the Tribal governments it believes it has successfully colonized. It ignores the colonial, post-colonial and neo-colonial  impacts on Indigenous peoples who may not have been fortunate enough to be recognized with the stroke of the pen by a federal Indian affairs bureaucrat, or to have been participants in a federal court case, or to have been signatories to a treaty that Congress bothered to ratify but has never fully enforced or honored.

The proposal NCAI will entertain in New Orleans—that Tribal rights should be dictated and determined by a listing of select tribes made up by the federal government—is one of the highest and more efficient forms of colonization one can imagine; getting the “officially” colonized to do the dirty work of culling out and silencing the voices of those “unofficial” groups the colonizer doesn’t want to bother with.  

NCAI was “established in 1944 in response to the termination and assimilation policies of the U.S. government.”  According to Thomas W. Cowger’s book, The National Congress of American Indians: The Founding Years, the Indian Congress originally “stressed both civil and tribal rights by declaring that the common welfare of Native Americans required the preservation of cultural values.” The organization has drifted far from its original instructions.

In 1978, NCAI convened its historic National Conference on Tribal Recognition, unanimously adopting a Declaration of twelve principles, proclaiming that “as an organization that represents the common interest of all tribes,” NCAI demands that the United States “fulfill its obligation to all tribes . . . and acknowledge the existence” of non-federally recognized Tribal governments. That proclamation aligns with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including its affirmation of the right to “distinct political, legal, economic, social and cultural institutions” and related “constructive arrangements” with nation-states.

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Rob Williams Named U of A Regents Professor

Congrats Rob!! Here is “UA Law professor named Regents Professor.”

 

Who Won Indian Law and Policy 2014? First Round Bracket — 6 of 8

Second part of the third category, people and parties.

# 2 Justice Sonia Sotomayor

Everyone’s favorite Supreme Court Justice. Wrote scholarly and compelling concurrence in the Bay Mills matter. Wrote amazing dissent in the affirmative action case.

v.

# 15 McAllen Grace Brethren Church

Won Fifth Circuit case, along with Lipan Apache members, which held that the Eagle Act regs might violate RFRA.

# 7 Hon. William Canby

Just published the sixth edition of his legendary Nutshell. He’s legendary too.

v.

# 10 Frank Pommersheim

Professor, lawyer, tribal judge, poet. Posted all of his tribal court opinions online, an absolutely incredible resource. Still stirring things up in South Dakota.

# 3 Hon. Keith Harper

Confirmed as Ambassador to the United Nations Human Rights Council. Went right after violence against Indigenous women and girls.

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# 14 Chris Deschene

An amazing year, so far unsuccessfully challenging the Diné language requirement to run for tribal office at Navajo.

# 6 Robert A. Williams, Jr.

Probably should get his own category that we could parse out through the years, but this year was on Moyers. Force of nature.

# 11 Dean Stacy Leeds and Prof. Angelique EagleWoman

Yeah, time passes quicker than I thought. Turns out their great book, “Mastering American Indian Law,” was a 2013 masterpiece. Ok.

The real # 11 — Authors of “Structuring Sovereignty”

My favorite book of 2014, Structuring Sovereignty is a wonderful scholarly survey of modern tribal constitutions. Melissa Tatum, Miriam Jorgensen, Mary Guss, and Sarah Deer (a second appearance in the game).

Rob Williams Presenting “Savage Anxieties” at Harvard/MSU Alumni Reception

And thanks again to Greenberg Traurig and Fletcher Law.

Rob’s opening:

RAW

Crowd shots:

Crowd 1

Crowd 2Crowd 3

 

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MSU ILPC and Harvard Law Alumni Event at Fed Bar Featuring Rob Williams

Thursday evening in the Kid’s Camp/Buffalo Club Room:

Spring Speaker Series_April_final