Native Voices   ~ American Indian Identity and Resistance ~ edited by Richard A. Grounds, George E. Tinker, & David E. Wil...
Dedicated to the memory and legacy of  Vine Deloria, Jr. 1913-2005 A member of the Standing Rock Sioux tribe, Vine Deloria...
Joy Harjo (Mvskoke) talks about how she is part of an old story involving the migrations of winds, ocean currents, seeds, ...
Chapter 1 Ethnoastronomy as the Key to Human Development and Social Organization (Clara Sue Kidwell Choctaw/Ojibwe) The pr...
<ul><li>Ceremonies are timed by the stars, sun and moon. The stars, sun, and moon, are associated with the emotional aspec...
<ul><li>The cluster of seven stars known as the Pleiades were recognized by many tribes, including the Cheyenne, Paviotso,...
<ul><li>The Aztec calendar system and the theory of “seasons” came from an early Mayan system. Many tribal ceremonies surr...
<ul><li>American Indians lived with their environments and observed the world around them with keen and scientific interes...
Chapter 2 <ul><li>The argument that John Mohawk (Seneca) makes is that many Indian tribes practiced customs that defined w...
The author’s point of view is to substantiate by historical time line that Handsome Lake could not have been guilty of des...
The Seneca society was an elder-centered as well as a women-centered society. The rights of individual young men and women...
There are perceived historical misinterpretations in much of the literature written about culturally diverse people. The a...
<ul><li>Upon speaking with one our Paiute language teachers that works with our organization, Owen Valley Career Developme...
Slides from the Native American Paiute Language Class Instructor Jamie Meredith instructing her class. Student giving comm...
Indigenous Native Traditions in Mexico <ul><li>During t he week my children and I were in Mexico it was during of </li></u...
<ul><li>Indigenous Natives from Mexico </li></ul><ul><li>While on a trip to Mexico I had the opportunity to interview an e...
Indigenous Natives from Mexico <ul><ul><li>The three main questions that I asked him were: </li></ul></ul><ul><ul><li>Were...
Indigenous Mexican Native Language Words <ul><li>The following are some of Demecio’s native words </li></ul><ul><li>Englis...
Introduction:  Chapter Four The Metaphysics of Federal Indian Law and U.S. Colonialism of American Indians
There are numerous Indigenous people and many tribal nations are survivors of U.S. Colonialism, as well as teachers and ho...
Vine Deloria, Jr.-  knowledgeable in indigenous nationalism, political, legal and institutional analysis of Western law an...
Chapter Four From Time Immemorial: Chapter written  by  David E. Wilkins (Lumbee) The Origin and  Import of  the  Reserved...
Reservations are “tracts of land expressly set aside or reserved for Indian nations by some Federal action.” (Wilkins 81) ...
Non-natives seem to be confused or bothered when tribal nations move to assert their reserved rights that include tribal l...
Vine Deloria, Jr  and Charles Wilkenson – two prominent scholars of Indian law and policy. The Reserved Rights Doctrine- “...
Judicial Origins of Reserved Rights The central role in tribal, federal and state relations is land, and the natural resou...
The first Supreme Court case that the judiciary  was the United States vs. Winans. The Winans brothers established a priva...
McKenna cited the Indian treaty rule of interpretation that ambiguities in the document would be “resolved from the standp...
“ Powers of Indian Tribes”- “perhaps the most basic principle of all Indian law, supported by a host of decisions hereinaf...
Section 16 of the Indian Reorganization Act “authorized tribes that approved the measure to adopt constitutions and bylaws...
Reserved Rights in Contemporary Times Hunting and fishing rights were since included in the treaties and agreements throug...
The “Trustee” and the “Reservee” In the cases of Winans, Winters and Menominee, the Supreme Court asserted supremacy over ...
Minnesota vs. Mille Lacs Band of Chippewa Indians Retained the right to hunt fish and gather on ceded lands. <ul><li>Impor...
The Reserved Rights Doctrine Often listed with three other canons “ 1.) that ambiguities expressed in treaties are to be r...
www.speak2bfree.blogspot.com www.kirbysattler.sattlerartprint.com www.hickerphoto.com www.old-photos.blogspot.com www.mysp...
Chapter 5 Vine Deloria, Jr., and the Development of a Decolonizing Critique of Indigenous Peoples and International Relati...
Deloria worked to bring to light the subversive ideological colonization of indigenous people through the US government's ...
In comparing the struggle of Native peoples with those of other ethnic minorities, Morris reminds us that to this day ther...
“ We have to think about the terminology that we use. We must think about thoughts that go with that terminology... Becaus...
Chapter Six International Law and U.S. Trust Responsibility toward Native Americans Chapter Written by S. James Anaya (Pur...
Chapter Six  describes to us in broad terms the trust doctrines evolution in relation to international legal developments....
Historical Strains of thought in the Development of Trusteeship Doctrine <ul><li>Consent/Protectorate Strain </li></ul><ul...
The Trust Doctrine: <ul><li>Includes a “general duty on the international  </li></ul><ul><li>community at large and more p...
Consent/Protectorate Strain “ Under the consent/protectorate strain, a State owes a duty of protection to an  indigenous  ...
White Man’s Burden Strain “ Under this strain of thought, which has intellectual underpinnings in the now infamous school ...
Liberal Assimilation Strain “ Under this more modern strain of thought, trustee- ship doctrine continues as a source of of...
International Labor Organization <ul><li>Responsible for the only two international instruments relating exclusively to in...
Dawes General Allotment Act of 1887 <ul><li>“ An early manifestation of the philosophy of breaking up Indian tribes and as...
Indian Reorganization Act of 1934 <ul><li>Intended to fix the problems with the Allotment Policy as previously described. ...
“ TERMINATION” <ul><li>1950’s: Government attempts to complete assimilation program by adopting the termination policy. </...
Contemporary   International Law and U.S. Trusteeship The following slides explain the new developments that are giving ri...
Indigenous  Rights Movement “ International law’s contemporary treatment of indigenous peoples has taken form over the las...
ILO Convention No. 169 <ul><li>“ That in many parts of the world [indigenous] peoples are unable to enjoy their fundamenta...
New and Emergent Customary International Law <ul><li>Self-Determination:  “any decision that may affect the interests of i...
Juncture of Contemporary International law and Exercise of U.S. Trust Responsibility Though much has changed, many treatie...
Bureau of Indian Affairs Exercises substantial influence over tribal affairs. Has programs for education, housing, buildin...
Conclusion Referring to both domestic and international expressions, doctrines of a special duty of care toward indigenous...
Slide 1: S. James Anaya-  uanews.org/node/ 19014   Slide 2, 3: Trust Doctrine-  csc.noaa.gov   Slide 4: Mono Lake- www.cel...
PART III: NATIVE AMERICAN RELIGIOUS TRADITIONS  AND RESISTANCE
WHEN GOD BECAME RED  CECIL CORBETT (NEZ PERCE’) <ul><li>Cecil Corbett, author, and Vine Deloria, Jr.  Were both seminary g...
CHAPTER SEVEN:  EARTH MOTHER AND PRAYERFUL CHILDREN: SACRED SITES RELIGIOUS FREEDOM  BY HENRIETTA MANN (Cheyenne) <ul><li>...
1978 American Indian Religious Freedom Act (AIRFA) PL 95-341 NEZ PERCE- SWEAT LODGE The US government had banned the sweat...
Native American Grave Protection Repatriation Act 1990 This school was founded by the United States Government to assimila...
Religious Freedom Restoration Act Public Law 103-344 1994 <ul><li>Reversing a Supreme Court decision  (Employment Division...
Indian Sacred Sites 1996 President Clinton-Executive Order <ul><li>It ordered federal land management agencies to be respo...
Chapter 8 Religious Studies on the Margins: Decolonizing Our Minds ( Michelene E. Pesantubbee)  (Choctaw)  This study is o...
<ul><li>Many Native American students who began studying religious studies had change in mind. They didn’t like how schola...
<ul><li>This chapter will look at how three American Indian scholars named Vine Deloria Jr. (Standing Rock Sioux), Ines Ta...
<ul><li>Vine Deloria has been an activist for American Indian religious freedom, and has challenged many court decisions t...
<ul><li>George Tinker , Professor of cross-cultural ministries at Iliff School of Theology, has taken up the challenge, by...
Native American Culture and Traditions The sun dance is a tradition of the Native American people and is what people might...
<ul><li>Purification ceremonies are generally held separately for men and women.  To enter into a purification ceremony is...
Gathering of Nations Pow Wow <ul><li>The purpose is to Promote the traditions and culture of the American Indian people in...
<ul><li>ACTIVITIES: </li></ul><ul><li>Maintain an on-campus presence at the University of New Mexico.         </li></ul><u...
Here are a couple more pictures from the Gathering Pow Wow Miss Indian World 2007
Part Four Indian Intellectual Culture and Resistance Introduction There is No Such Thing as a One-Way Land Bridge Joy Harj...
Chapter 10 Contours of Enlightenment: Reflections on Science, Theology, Law, and the Alternative Vision of Vine Deloria, J...
The Politics Although considered an “intellectual of the first order”, Deloria was also an activist who was at least indir...
Excavations Deloria presented a critique of the arrogance of anthropology and modern science in general. He cited that ant...
Towards a New Synthesis of Understanding Though conceding that Deloria's arguments were well-founded, the establishment to...
Native Voices Chapter Eleven Transforming American Conceptions about Native America:  Vine Deloria, Jr., Critic and Coyote...
We live in time and space and receive most of our signals about proper behavior from each other and the environment around...
<ul><ul><li>In Chapter Eleven, Ines Talamantez discusses the importance of Vine Deloria’s work on Native American writers ...
Native Voices  Chapter Twelve Yuchi Travels: Up and Down the Academic “Road to Disappearance” Richard A. Grounds (Yuchi/Se...
<ul><li>Yuchi: an extinct agricultural and hunting tribe living in eastern Tennessee and northern Georgia at the time of t...
The Passage of Generations <ul><li>This is a reflection of the life of the author, Vine Deloria, Jr. (Standing Rock Sioux)...
The author, Vine Deloria Jr., makes reference to a time when he entered Indian affairs and the Indian world was much simpl...
“ Until [scholarly literature is] develop[ed]…that can transform consent [for legislation] into a legal requirement, [ther...
Our textbook refers to Native American historical experiences and present day repercussion as a direct result of those his...
From December 5th to the 16th, delegates from the International Indian Treaty Council, along with almost 100 other Indigen...
Because the “Native” voice has rarely been sought out or heard when offered, the conclusions in this book differ from thos...
   The Boarding School Experience “ After generations of indigenous children had been socialized in government or missiona...
Off-reservation boarding schools for American Indian children began on November 1, 1878 when Captain Richard H. Pratt open...
“ Pratt’s goal was to “kill the Indian, not the man”. In order to assimilate American Indian children into European cultur...
&quot; It's cheaper to educate Indians than to kill them .&quot; --Indian Commissioner Thomas Morgan speaking at the estab...
<ul><li>For more information about the Boarding School Experience: </li></ul><ul><li>View “Our Spirits Don’t Speak English...
<ul><li>As part of our combined efforts to immerse ourselves in Native culture for this  book project, several of us atten...
Do the conclusions differ from the textbook or other books you have read? “ No--The textbook refers to Native Americans’ h...
“ Deloria’s work has touched me profoundly, at times angered me, always motivated me to continue, and shaped my own work a...
“ The conceptual seeds he has sown will undoubtedly continue to sprout for decades hence, after the man himself and those ...
Additional Resources All photographs and graphics from public domain sites such as  www.photobucket.com   or Google Images...
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Native Voices

  1. 1. Native Voices ~ American Indian Identity and Resistance ~ edited by Richard A. Grounds, George E. Tinker, & David E. Wilkins Presentation by: Kelli Brown Gloria Howell Peggy Vega Kelli Ruelas Kathy Freeman Jeslen Saenz Barb Lieberman Cultural Competence in Human Services HMSV C102 Cerro Coso Community College Spring 2009 Please click left mouse button to proceed to next slide and press <esc> to exit presentation. Turn on speakers for sound and double-click directly on speaker icon for music.
  2. 2. Dedicated to the memory and legacy of Vine Deloria, Jr. 1913-2005 A member of the Standing Rock Sioux tribe, Vine Deloria, Jr.'s life included contributions to indigenous nationalism, analysis of Western law, theology, history, legal theory, and political activism as well as his framework for understanding the relationship between the native people and the federal government. He published nearly 25 books, hundreds of articles, and held a multitude of positions from which – in his own words – he “sought to plant the seeds of ideas and raise doubts about what we believe.” For nearly forty years, Deloria stood as the most widely recognized and respected spokesperson for Native America. Indeed, for many people he was Native America. In sum, Deloria was to Native people a social reformer who was in every way the equal of a Cesar Chavez or Dr. Martin Luther King, Jr. Adapted from “In Honor of Vine Deloria, Jr., http://www.nwic.edu/deloria/memoriam.pdf Vine Deloria, Jr., Google Images Robbie Robertson ~ “Words of Fire, Deeds of Blood”
  3. 3. Joy Harjo (Mvskoke) talks about how she is part of an old story involving the migrations of winds, ocean currents, seeds, songs and generations of nations. She recalls what it was like to grow up as a female artist of Creek descent Introduction The Psychology of Earth and Sky
  4. 4. Chapter 1 Ethnoastronomy as the Key to Human Development and Social Organization (Clara Sue Kidwell Choctaw/Ojibwe) The practice of ethnoastronomy constitutes a basic principle in Native American studies – that time is a function of place and space. The attention to the cycles of nature become the organizing principles of intellectual inquiry and social organization in American Indian cultures.
  5. 5. <ul><li>Ceremonies are timed by the stars, sun and moon. The stars, sun, and moon, are associated with the emotional aspects of life. A lot of tribes have differing stories revolving around the sun, moon, and stars. These stories have been passed down through generations. Indian cultures are very spiritual, and the passing down of these stories are an important part of their culture. </li></ul>
  6. 6. <ul><li>The cluster of seven stars known as the Pleiades were recognized by many tribes, including the Cheyenne, Paviotso, Kiowa, Cherokee, Shasta, Tewa, Zuni, Hopi, Pai Pai, Inuit, Seneca, and Lakota. </li></ul>
  7. 7. <ul><li>The Aztec calendar system and the theory of “seasons” came from an early Mayan system. Many tribal ceremonies surrounded the changing seasons. Seasons provide the great metaphors of cosmology and are key to understanding different cultural worldviews. </li></ul>
  8. 8. <ul><li>American Indians lived with their environments and observed the world around them with keen and scientific interest. For Indian people, the heavens are a metaphor for life on Earth. The sun, moon, and stars in their processions, both influence and replicate the processes of human life. </li></ul>
  9. 9. Chapter 2 <ul><li>The argument that John Mohawk (Seneca) makes is that many Indian tribes practiced customs that defined women’s societal roles dramatically differently from their roles in their European and Euro-American societies of the same period. The discussion in this chapter is in regard to the role or not that the Seneca prophet Handsome Lake (1730-1815) had in the decline of power among Seneca women (petticoat government or their gynocracy) and the presumed rise of patriarchy in Seneca culture. </li></ul>gHO Handsome Lake preaching his “code” Handsome Lake
  10. 10. The author’s point of view is to substantiate by historical time line that Handsome Lake could not have been guilty of destroying the Seneca “gynocracy” by urging or commanding the abandonment of woman-centered housing because the communal longhouses no longer existed in 1799, the earliest possible date to sustain this assertion. The hillside longhouse dwellings had disappeared at midcentury, some two generations before handsome Lake began his career as a prophet. Daily life in the period of the classic longhouses.
  11. 11. The Seneca society was an elder-centered as well as a women-centered society. The rights of individual young men and women were clearly subordinate to the perceived needs of the group by custom and the defined group was the extended, female family occupying the longhouse of the wife.
  12. 12. There are perceived historical misinterpretations in much of the literature written about culturally diverse people. The author, John Mohawk (Seneca), clarifies for the reader accurate time lines to dispel the authors* of other books mentioned in this chapter that have been written about Handsome Lake replacing the “petticoat government” with a male-centered form of government. *Paula Gunn Allen, M. Annette James, Joy Bilharz
  13. 13. <ul><li>Upon speaking with one our Paiute language teachers that works with our organization, Owen Valley Career Development Center about the classes she currently teaches to the people. She informed me that she has a group of all ages from 1 year old to and elder in her class and invited me and my son to attend one of her classes. </li></ul><ul><li>She confirmed what we all already know, our language is diminishing and our children will never know what how our ancestors spoke to each other. </li></ul><ul><li>Her teaching methods were very easy to follow as my son Tommy quickly caught on as you will see in the video. </li></ul><ul><li>The three terms used the most in English were; pick up, touch, and point at a person or object. </li></ul><ul><li>Here are a couple of pictures from the class and the videos are on the next slide. </li></ul>Native American Paiute Language One parent explained that she asks her baby for body parts to wash as he is bathing and he will lift a leg or arm when asked for it. Chapter 3
  14. 14. Slides from the Native American Paiute Language Class Instructor Jamie Meredith instructing her class. Student giving commands Student and my son Tommy trying to command
  15. 15. Indigenous Native Traditions in Mexico <ul><li>During t he week my children and I were in Mexico it was during of </li></ul><ul><li>Mexico’s biggest holidays called Semana Santa. </li></ul>For Mexico, Easter is a combination of Semana Santa (Holy Week – Palm Sunday to Easter Saturday) and Pascua (Resurrection Sunday until the following Saturday). For most Mexicans, this 2 week period is the time of year for vacation (good time to not be on the highways - just stay put and enjoy the community of your choice during this holiday season). Holy Week celebrates the last days of the Christ's life. Easter is the celebration of the Christ's Resurrection. It is also the release from the sacrifices of Lent. In many communities, the full Passion Play is enacted from the Last Supper, the Betrayal, the Judgment, the Procession of the 12 Stations of the Cross, the Crucifixion and, finally, the Resurrection. In some communities, flagellation and/or real crucifixion is included. The enactments are often wondrously staged, costumed and acted, with participants preparing for their roles for nearly the full year leading up to Semana Santa.
  16. 16. <ul><li>Indigenous Natives from Mexico </li></ul><ul><li>While on a trip to Mexico I had the opportunity to interview an elder from the Mayan tribe. His name was Demecio Ibarra Vega 65 years old who was born and raised in the town of Capomos, El Fuerte Sinaloa Mexico. </li></ul><ul><li>He was able to speak in his Native language as I asked </li></ul><ul><li>him questions about himself and his childhood. </li></ul><ul><li>The two languages he spoke were Spanish and </li></ul><ul><li>Mayan. </li></ul><ul><li>I asked a few simple questions and he answered first in his Native Language and then in Spanish. If you speak Spanish then you can tell the two languages apart but if you don’t then you will not be able to tell them apart. </li></ul>We had a good conversation as I described a little bit about our tribes here in America and how our language is fading just like theirs is, but classes are being taught to our children in schools and community members.
  17. 17. Indigenous Natives from Mexico <ul><ul><li>The three main questions that I asked him were: </li></ul></ul><ul><ul><li>Were you born and raised in this town and where did you live? </li></ul></ul><ul><ul><li>Answer: Yes I was born here and we lived up on the hill with my mother and father and my siblings. When my father died my mother brought us closer to town to attend to school. </li></ul></ul><ul><ul><li>When you started school did you only speak your indigenous language? </li></ul></ul><ul><ul><li>Answer: Yes we all spoke our language and when we started school we were forced to speak Spanish. </li></ul></ul><ul><ul><li>Are they teaching the children the Native language of the tribe and how effective are the classes? </li></ul></ul><ul><ul><li>Answer: Yes they teach classes in schools to all the children but it is not the same as we spoke when our parents taught us. The children know words and pronounce the words correctly but, they cannot carry on a conversation with one of us who speak the language fluently. I have to leave my home and find an elder to talk to if I want to have a conversation with somebody in my Native language </li></ul></ul>
  18. 18. Indigenous Mexican Native Language Words <ul><li>The following are some of Demecio’s native words </li></ul><ul><li>English Spanish Mayan </li></ul><ul><li>Chicken gallina totose </li></ul><ul><li>Deer venado mago </li></ul><ul><li>Dog perro chui </li></ul><ul><li>Cat gato misi </li></ul><ul><li>me yo inapo </li></ul><ul><li>You tu empo </li></ul><ul><li>Mother mama in ma </li></ul><ul><li>Father papa in pa </li></ul><ul><li>Brother hermano sailam </li></ul><ul><li>Children hijos in husiam </li></ul><ul><li>Water agua ba’am </li></ul>
  19. 19. Introduction: Chapter Four The Metaphysics of Federal Indian Law and U.S. Colonialism of American Indians
  20. 20. There are numerous Indigenous people and many tribal nations are survivors of U.S. Colonialism, as well as teachers and holders of indigenous knowledge in many fields of study.
  21. 21. Vine Deloria, Jr.- knowledgeable in indigenous nationalism, political, legal and institutional analysis of Western law and its impact of tribal cultures, identities and nationhood. Achievement as theologian historian, theorist and activist, Deloria has influenced through his writings and teachings. Hugely impacting, Deloria offered an different perspective in the modern age, which includes Natives and non-Natives together. “The metaphysics of modern existence” gives concepts and ideas of the traditions that sustains a worldview so the cultures can continue. Glenn T. Morris- emphasizes moral legitimacy of First Nations and their quest for political autonomy. S. James Anaya- reiterates the important international aspect of indigenous legal and political status. David E. Wilkin- focuses on reserved rights.
  22. 22. Chapter Four From Time Immemorial: Chapter written by David E. Wilkins (Lumbee) The Origin and Import of the Reserved Rights Doctrine
  23. 23. Reservations are “tracts of land expressly set aside or reserved for Indian nations by some Federal action.” (Wilkins 81) Many were created during the Treaty Era circa 1850. Due to the Indian Appropriations Acts which led to the selling of land from the Natives, and later in 1934 the Indian Reorganization Act, reservations were created to preserve what was left of the Natives ways. Chapter Four addresses one of the most legal doctrines strengthening the treaty and trust rights of tribal nations reserved rights. “ There are 278 reservations in 32 states formally recognized by the federal government.” (Wilkins 81)
  24. 24. Non-natives seem to be confused or bothered when tribal nations move to assert their reserved rights that include tribal landownership. Perhaps non-natives don’t believe Indian tribes should reserve all those powers and rights, or that they may exercise only those rights that have been delegated to them by express act of Congress. Tribal landownership means rights to tribal property or treaty or civil. Though Natives are seen as having “lost” their native land to the westward movers, through determination and liberal federal Indian policies, “reservations” have been reserved for t he natives people. They reserved rights as a sovereign nation which includes property rights, political rights, tax, administration of justice, and exercise of civil and criminal jurisdiction.
  25. 25. Vine Deloria, Jr and Charles Wilkenson – two prominent scholars of Indian law and policy. The Reserved Rights Doctrine- “holds that any rights that are not specifically addressed in a treaty are reserved to the tribe.” (Wilkins 82) U.S. Constitution’s Tenth Amendment- “lodged both expressly and implicitly in Indian treaties that reserved to tribes sovereign powers not expressly surrendered to the federal government.” (Wilkins 82) Deloria and Wilkenson compared reserved rights to the 10 th Amendment and proved that the reserved and preserved inviolate to the Indians the fishing rights which “from time immemorial they always had and enjoyed.” (Wilkins 82) The reserved rights performs the same function for Indian nations as does the 10 th Amendment for States. “ Our task is simply to identify what specific attributes of sovereignty tribes have ceded, recognizing that they reserve all other powers, both external and internal, to themselves”- (Wilkins 83) Vine Deloria Jr . Charles Wilkenson
  26. 26. Judicial Origins of Reserved Rights The central role in tribal, federal and state relations is land, and the natural resources. Land Claims and conflicts between tribal and state about hunting, fishing, water, timber, environmental regulations, cause continued affairs because of shared boundaries, shared resources, and even shared citizens. When there is a tribal-state conflict, what factors determine whether the federal government will become involved? And if so, it will most likely support the state, however, tribes have explicit treaty-based rights guaranteeing them land and access to use of natural resources. An important retained right was that the natives could fish at their usual places, on or off the reservations. The reserved rights doctrine can from the making of a treaty that preserved the natives their hunting and fishing rights.
  27. 27. The first Supreme Court case that the judiciary was the United States vs. Winans. The Winans brothers established a private fishing company on the Columbia River in a location that was fishing grounds for the Yakama Indians. The brothers claimed they had exclusive right to fish there because they had a state license. They constructed fish wheels that were highly effective in catching fish, leading to the Yakamas to complain their fish supply was being depleted. A suit in the federal court to stop the Winans from interfering with ‘fishing rights guaranteed to the Indians…” was filed and the treaty was reviewed. It expressed that the Natives had two kinds of rights: exclusive rights and rights to be enjoyed in common with non-natives. Though the Indians were supported, there was also no treaty against keeping others from participating on their land either. The importance of fishery to the Indians was expressed, and the States expressed “it is an immemorial right like a ripened prescription.” Because this occurred on Native’s reserved land, it is their sovereign right to not allow it to occur. This case was a crucial and timely acknowledgement that a tribe’s sovereign rights was recognized and specifically reserved in treaties, warranted and respected and were to be enforced.
  28. 28. McKenna cited the Indian treaty rule of interpretation that ambiguities in the document would be “resolved from the standpoint of the Indians.” (Wilkins 88) Also, Winter’s argument of “equal footing” was not allowed. This is a landmark case that supported a tribe’s implied right to water as well as reinforcing of the doctrine that treaties must be understood as Indians would read them. “Equal footing” is explained on slide 15. Similarly, and shortly after there was a case known as United States vs. Winters. The reserved rights doctrine was applied in an implied fashion to water rights on Indian lands. The issue was whether a landowner could construct a dam on his property, but any regulations about it had not been established. The reservations was established before Winter’s purchased his property, but he argued that the reservation was not entitled to a specific amount of water. Through Justice McKenna a four point rationale in ruling for the United States and the Indians was established. “ 1.) the reservation had be culled from a “much larger tract” that was necessary for a “nomadic and uncivilized people” 2.) the government’s policy and the “desire of the Indian” was to transform and elevate tribal culture from a “nomadic” to an “agrarian” lifestyle 3.) this transformation could occur only if the tribal lands were severely reduced in size, making them more amenable to agricultural pursuits 4.) the capstone argument, since the lands were arid, they would remain practically valueless without an adequate supply of water for irrigation.” (Wilkins 87)
  29. 29. “ Powers of Indian Tribes”- “perhaps the most basic principle of all Indian law, supported by a host of decisions hereinafter analyzed, is the principle that those powers lawfully vested in an Indian tribe are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. Each Indian tribe begins its relationship with the Federal Government as a sovereign power, recognized as such in treaty and legislation.” (Wilkins 89) This declaration held intrinsic tribal powers that meant “recognition of internal sovereignty, the power to form or change a government, the power to determined tribal citizenship and membership, the power to regulation domestic relations, the power to manage descent and distribution of property, the power to tax the power to administer justice.” (Wilkins 89) This was later restated in Felix Cohen’s classis work Handbook of Federal Law published in 1941. Felix, along with John Collier and Nathan Margold, were important figures in federal Indian policy in the 1930’s and 1940’s. Legislative Recognition of Reserved Rights
  30. 30. Section 16 of the Indian Reorganization Act “authorized tribes that approved the measure to adopt constitutions and bylaws, stating “ In addition to all powers vested in any Indian tribe or tribal council by existing law, the constitution adopted by said tribe shall also vest in such tribe or its tribal council the following rights: 1.) to hire legal counsel subject to secretarial approval 2.) to wield veto power over certain land transactions or other tribal assets 3.) to engage in negotiations with federal, state, and local governments 4.) to expect information from the interior secretary regarding “all appropriation estimates on Federal projects for the benefit for the tribe” before such estimates were submitted to the Budget Bureau of Congress.” (Wilkins 89) Essentially, Collier, Margold, and Cohen stated the policy of the tribes inherently reserving a panoply of powers and rights based on pre-existing standing as the original sovereigns and proprietors of the United States and unless they are expunged totally by tribal or federal actions, that are to remain in force and in use. John Collier Felix Cohen
  31. 31. Reserved Rights in Contemporary Times Hunting and fishing rights were since included in the treaties and agreements through implied reservation. These rights can only be severed by Congress. The Menominee had a terminated agreement in 1954. The tribe had brought suit to the court of claims to recover compensation for the loss of hunting and fishing rights. The termination act had provided for the end of federal supervision over all tribal members and property. Though this law granted jurisdiction over offenses committed by the Natives, it also said nothing shall deprive them of anything under the Federal treaty. It was deemed the tribes right to hunt and fish survived the acts as Justice Douglas declined to “construe the Termination Act as a backhanded way of abrogating the hunting and fishing rights of these Indians.” (Wilkins 90) Recently, however, the Menominee Nation was not successful when they attempted to acquire off-reservation hunting and fishing rights.
  32. 32. The “Trustee” and the “Reservee” In the cases of Winans, Winters and Menominee, the Supreme Court asserted supremacy over the tribal and the states rights. In these cases, the court could easily have ruled in favor of the non-Indians, denying the existence of reserved rights, but they did not. They served in the Native’s favor. With such reserved rights the rights are respected by the trust doctrine between the federal government and the tribes. The question is in the cases involving “recognized” Indian territory and natural resources, is the federal government acting the legal owner of the reserved rights or is the tribal nation?
  33. 33. Minnesota vs. Mille Lacs Band of Chippewa Indians Retained the right to hunt fish and gather on ceded lands. <ul><li>Important incident because </li></ul><ul><li>Court reaffirmed that treaty rights cannot be terminated </li></ul><ul><li>The principle that treaties are to be interpreted liberal in favor of the Indians was also reaffirmed </li></ul><ul><li>States were reminded that they were without inherent power over Indian rights or resources and the even when territories were admitted to statehood on an “equal footing”, they still did not have any rights over the Indians. </li></ul>The “Equal Footing Doctrine”- “does not interfere with the federal government’s authority to control the nation’s Indian affairs under the commerce clause, the property clause, the supremacy clause and the important treaty-making authority.” (Wilkins 93)
  34. 34. The Reserved Rights Doctrine Often listed with three other canons “ 1.) that ambiguities expressed in treaties are to be resolved in the Indian’s favor 2.) that treaties are to be interpreted as the Indians themselves would have understood them 3.) that treaties are to be liberal construed in favor of these tribes.” (Wilkins 94) History shows that reserved rights have be “honored more in the breach than the fulfillment” with the treaty process itself being dramatically and problematically transformed in 1871. Today, tribal nations and their treaty-and-trust-recognized reserved rights persist, even though their consistent recognition and enforcement lag far behind.
  35. 35. www.speak2bfree.blogspot.com www.kirbysattler.sattlerartprint.com www.hickerphoto.com www.old-photos.blogspot.com www.myspace.com/thecat/whowalksbyherself http:/indiancountrynews.info/fullstory.cfm-ID=343.htm and http://www2.nau.edu/community/node/124 www.canada-photos.com www.coyote_trails.com Citations of location of photos (Chapter 4)
  36. 36. Chapter 5 Vine Deloria, Jr., and the Development of a Decolonizing Critique of Indigenous Peoples and International Relations Glenn T. Morris (Shawnee) “Only one thing's sadder than remembering you were once free, and that's forgetting that you were once free. That would be the saddest thing of all. That's one thing we Indians will never do.” Noble Red Man (Matthew King), Oglala Lakota elder (p. 97) Image from www.photobucket.com
  37. 37. Deloria worked to bring to light the subversive ideological colonization of indigenous people through the US government's interpretation of such issues as tribal sovereignty, self-determination, plenary power, domestic dependency, and semantics as a colonizing weapon in the “domestication of the dominated”. (p. 123) While Deloria has inspired some to take up this cause, there remains the question of who in the next generations will continue to fight for the rights of Native peoples in North America. Through subsections entitled “Language as the Legal and Political Instrument of Empire”, “Semantics, Colonialism, and Law: Creating A Colonization of the Mind”, and “Keeping Indigenous Revolutionary Consciousness Alive: The Next Wave”, Glenn T. Morris outlines how those who control the story control history and how the power of words can be used to subjugate and decimate entire civilizations. Whether describing the history of indigenous peoples, wording a treaty, or handing down a Supreme Court decision, language has been used as a weapon as effective as knife or cannon.
  38. 38. In comparing the struggle of Native peoples with those of other ethnic minorities, Morris reminds us that to this day there is no equivalent legislation for Native students to that of Brown v. Board of Education, which ended legal educational segregation of African-American students. (p. 116) Ruby Bridges, Google Images 4 th grade class, Reservation School, Google Images
  39. 39. “ We have to think about the terminology that we use. We must think about thoughts that go with that terminology... Because if we do not think about this struggle we are engaged in, if we do not use our minds to think about the coming generations, then [the invaders] will win their psychological genocide against us.” (p. 128-129) John Trudell, Dakota poet, musician, and former national director of AIM John Trudell, Google Images John Trudell ~ “Crazy Horse”
  40. 40. Chapter Six International Law and U.S. Trust Responsibility toward Native Americans Chapter Written by S. James Anaya (Purepecha/Apache) Presented by Jeslen Mishelle Saenz
  41. 41. Chapter Six describes to us in broad terms the trust doctrines evolution in relation to international legal developments. The trust doctrine in an international context , as explained in this chapter, helps us to come to an understanding how the doctrine over time acquired it’s highly textured character. Much is shaped by “discrete patterns of thought.” The federal “trust responsibility toward the Native Americans is multidimensional, and works as an “extraconstitutional source of broad power by the federal government, and as a source of affirmative obligation beneficial to native peoples” (Anaya 155).
  42. 42. Historical Strains of thought in the Development of Trusteeship Doctrine <ul><li>Consent/Protectorate Strain </li></ul><ul><li>The White Man’s Burden </li></ul><ul><li>Liberal Assimilation </li></ul><ul><li>are all strains that are jurisprudential and philosophical and are developments in international and </li></ul><ul><li>domestic law of the United States. </li></ul><ul><li>They are the three “discrete” strains of a way of </li></ul><ul><li>thinking that “fed into the notion that independent states owe special duties or trusteeship obligations to the indigenous populations falling under their authority or control” (156) </li></ul>
  43. 43. The Trust Doctrine: <ul><li>Includes a “general duty on the international </li></ul><ul><li>community at large and more particularized state </li></ul><ul><li>obligations to ensure the well-being of indigenous </li></ul><ul><li>peoples and the full enjoyment of their rights”(155). </li></ul><ul><li>Has been associated with the terms trusteeship , </li></ul><ul><li>wardship or fiduciary obligation , although its </li></ul><ul><li>development in the law only roughly approximants </li></ul><ul><li>the legal regimes ordinarily attached to those terms. </li></ul><ul><li>Is “Sui generis, arising from a nucleus of jurisprudential and practical considerations unique to the conditions of indigenous peoples” (155). </li></ul><ul><li>Ensures just treatment of indigenous peoples. </li></ul><ul><li>Has been a constant doctrine in legal thought since nineteenth century </li></ul><ul><li>The doctrines normative elements “have changed as dominant thinking about the substantive content of indigenous peoples’ rights and well-being has shifted” (155). </li></ul><ul><li>New and diverse strains of thought have shape the current doctrine. </li></ul><ul><li>Modern concepts are affective in the contemporary U.S.’s exercise of the trust responsibility toward Native Americans. </li></ul>
  44. 44. Consent/Protectorate Strain “ Under the consent/protectorate strain, a State owes a duty of protection to an indigenous people on the basis of mutual consent” (156). Because of the Cherokee nation vs. Georgia, this strain is illuminated. It began when with relationship between sovereign nations when the Supreme court started making decisions considering the status of the Indian tribes living within the exterior boundaries of the country. though it waned after the case. Changes had to be made. Today, this strain is seen to influence federal-tribal relations. It is defined by federal regulatory and assistance programs to which tribes expressly or tacitly have consented while maintaining sovereign powers.
  45. 45. White Man’s Burden Strain “ Under this strain of thought, which has intellectual underpinnings in the now infamous school identified as “scientific racism,” trusteeship exists over indigenous peoples irrespective of their consent and instead arises due to their “backward” and ‘uncivilized character” (157). This strain is shown through the work of Francisi de Victoria in his lecture On the Indians Lately Discovered (1532). He analyzed a series of arguments and eventually, when the U.S. came to be, it easily embraced this trusteeship doctrine in its domestic law and policy. In 1868, an Indian commissioner exclaimed, “What, then, is our duty as the guardian of all the Indians under our jurisdiction… must we drive and exterminate them as if void of reason and without souls? Surely, no.” Currently, Congress still has broad powers over Indians pursuant to its trusteeship obligation, “reviewable only by minimal rationality standard.” (160). It has, nonetheless, dwindles with the rise of the Liberal Assimilation Strain.
  46. 46. Liberal Assimilation Strain “ Under this more modern strain of thought, trustee- ship doctrine continues as a source of official power, but only a transient one” (160). The trusteeship’s goals under this view is to not just to instill indigenous people’s with Western skills and values, but to go beyond that and to “assimilate them into nontribal societies constructed on the basis of individualistic precepts of equality” (160), rather than to watch over the people’s affairs indefinitely. It was because of Woodrow Wilson’s promotion of the liberal model of political organizations as a basis for world order. This Wilsonian liberalism fused with trusteeship notions and is was strengthened. It has a very large impact, especially with the UN Charter and the human rights frame. This includes heightened international concern over the segments of humanity that continued to experience colonization and legacies.
  47. 47. International Labor Organization <ul><li>Responsible for the only two international instruments relating exclusively to indigenous and tribal peoples: </li></ul><ul><li>-the Indigenous and Tribal Populations Convention, 1957 (No. 107) which has been ratified by 27 countries (2003); </li></ul><ul><li>-the Indigenous Tribal Peoples Convention, 1989 (No. 169) that revises Convention No. 107 and which has been ratified by 18 countries (2007). </li></ul><ul><li>Embraced the strain of the Liberal Assimilation. </li></ul><ul><li>No. 107 promotes improved conditions for indigenous people, particularly in economic and social. </li></ul><ul><ul><li>-No. 107 is framed “in terms of members of indigenous populations and their rights as equals within the larger society. </li></ul></ul><ul><li>It was because of the Liberal Assimilation Strain of though that promoted No. 107 internationally and reflected it as well as guided in in a series of legislative measures enacted by Congress in exercising its judicially sanctioned power of trusteeship over native Americans. </li></ul>
  48. 48. Dawes General Allotment Act of 1887 <ul><li>“ An early manifestation of the philosophy of breaking up Indian tribes and assimilating their members into the American immigrant society” (163). </li></ul><ul><li>Was to allot communal tribal lands into separate parcels and distribute them to individual tribal members who, after a period of transition from tribal life, were to hold their allotteed parcels by fully alienable title” (163). </li></ul><ul><li>“ Excess Indian lands could then be open to non-Indians. </li></ul><ul><li>Allottees could become U.S. citizens once they abandoned their tribes and demonstrated their “competency” (163). </li></ul>Because of President Wilson’s liberalism, Congress passed a law saying that all Indians born in the U.S. were citizens. By then, the allottment policy had been attacked and dropped.
  49. 49. Indian Reorganization Act of 1934 <ul><li>Intended to fix the problems with the Allotment Policy as previously described. </li></ul><ul><li>Included measures to secure the Indian land base. </li></ul><ul><li>Established a framework for Indians to adopt constitutions for reservation governance under the authority of the secretary of interior. </li></ul><ul><li>Initiated by U.S. Indian Commissioner John Collier who quoted, “Does it contemplate for the Indian a permanent tribal status, isolation from the white man, collective as distinguished from individual enterprise, and non-assimilation into American civilization? The answer is a clear cut one: No.” </li></ul><ul><li>Collier explained that this act would provide the Indians “experience in “civic and business responsibility and the opportunity to manage property and money,” which would prepare them for “real assimilation” (164). </li></ul>“ An effort within a larger design of Indian assimilation” (164)
  50. 50. “ TERMINATION” <ul><li>1950’s: Government attempts to complete assimilation program by adopting the termination policy. </li></ul><ul><li>The object of it was: “as rapidly as possible, to make the Indians within the territorial limits of the United States subject to the same laws and entitled to the same privileges and responsibilities as are applicable to other citizens of the United States, and to end their status as wards of the United States” (164). </li></ul><ul><li>Was abandoned since the trusteeship over the Indians evolved beyond it. </li></ul><ul><li>Instead, Liberal Assimilation took action. </li></ul>
  51. 51. Contemporary International Law and U.S. Trusteeship The following slides explain the new developments that are giving rise to an evolved body of international law in dealing with Indigenous peoples. Currently, relevant international ways are formed with obvious respect for the dignity of indigenous peoples. Today, the U.S. continues to acknowledge a special duty or trusteeship obligation toward the Native Americans. Movements have shaped where the indigenous peoples sit today. <ul><li>Indigenous Rights Movement </li></ul><ul><li>ILO Convention No. 169 </li></ul><ul><li>New and Emergent Customary International Law </li></ul>
  52. 52. Indigenous Rights Movement “ International law’s contemporary treatment of indigenous peoples has taken form over the last few decades as a result of activity that has involved, and has substantially been driven by, indigenous peoples themselves” (165). “ Indigenous peoples have ceased to be mere objects of the discussion of their rights and have become real participants in an extensive multilateral dialogue facilitated and sanctioned by the United nations and other international institutions” (165).
  53. 53. ILO Convention No. 169 <ul><li>“ That in many parts of the world [indigenous] peoples are unable to enjoy their fundamental human rights to the same degree as the rest of the population of the States within which they live, and that their laws, values, customs and perspectives have often been eroded” (166). </li></ul><ul><li>“ Based on these premises, the convention places affirmative duties on states to advance indigenous cultural integrity, uphold land and resource rights, and secure nondiscrimination in social welfare spheres; it generally enjoins states to respect indigenous peoples’ aspiration in all decisions affecting them” (166). </li></ul><ul><li>It avoids terms such as trust and trusteeship as the terms have become disfavored due to their linkage with old and no longer acceptable philosophies and policies. </li></ul><ul><li>Has been criticized for several provisions that contain caveats or seem to be recommendations. </li></ul><ul><li>This convention “contains few absolute rules but fixes goals, priorities and minimum rights” (166). </li></ul><ul><li>Creates treaty obligations among ratifying states in line with current trends concerning indigenous peoples. </li></ul>
  54. 54. New and Emergent Customary International Law <ul><li>Self-Determination: “any decision that may affect the interests of indigenous group, and it bears generally on the contours of related norms” </li></ul><ul><li>Cultural Integrity: “kinship patterns, language, religion, ritual, art, and philosophy that may extend into political and economic spheres” </li></ul><ul><li>Lands and Resources: Indigenous peoples are “acknowledged to be entitled to ownership of, or substantial control over and access to, the lands and natural resources that traditionally have supported their respective economies and cultural practices” </li></ul><ul><li>Social Welfare and Development: Special attention is due in regard to indigenous people’s health, housing, education and employment. </li></ul><ul><li>Self-Government: On-going self determination. “Upholds local governmental or administrative autonomy for indigenous communities” </li></ul><ul><li>Special Duty of Care: “Safeguarding of Indigenous peoples’ enjoyment of all generally accepted human rights and fundamental freedoms are the objectives of this” (171-172). </li></ul>
  55. 55. Juncture of Contemporary International law and Exercise of U.S. Trust Responsibility Though much has changed, many treaties created and ratified, and many movements have passed, the U.S. government continues it’s relationship with the Indigenous peoples and many of their affairs. The U.S. government describes the relationship in terms of a trusteeship.
  56. 56. Bureau of Indian Affairs Exercises substantial influence over tribal affairs. Has programs for education, housing, building and maintaining roads, providing emergency relief, and administering grant programs. Has a duty to protect the Native Americans. Limitations on executive authority because of trust relationship. Supports wider obligations in treating Native peoples. Because of numerous changes, numerous Native American groups organized a protest in 1972, known as the Trail of Broken Treaties, that traveled from San Francisco, California, to Washington, D.C. They wanted to bring attention to concerns. Once in Washington, about 500 Native Americans went to the Bureau of Indian Affairs (BIA) to present a 20-point program of demands. The protesters took over the BIA building and renamed it the Native American Embassy. The occupation ended after government officials agreed to appoint a committee to study the demands and not to arrest the protesters. The BIA favored them.
  57. 57. Conclusion Referring to both domestic and international expressions, doctrines of a special duty of care toward indigenous peoples is what is needed to acquire just treatment of humanity, as described in chapter six. Though this ‘just’ treatments has had changing ideas over time, it is understood that our ways of thinking and accepting just keep getting better and more equal and fair, and we understand that we evolve. S. James Anaya urges us to let go of the old fashioned ways of thinking and invoke contemporary international law, as it can be a great tool in the effort of seeing normative assumptions and positive changes.
  58. 58. Slide 1: S. James Anaya- uanews.org/node/ 19014 Slide 2, 3: Trust Doctrine- csc.noaa.gov Slide 4: Mono Lake- www.celp.org Slide 5, 7, 15: Natives- www.susty.com Slide 6: Native- firstnations.com Slide 8: ILO logo- ifinger.com Slide 9: Allotment- www.media-2.web . britannica.com Slide 10: Group- websters-online- dictionary.org/definition/TRIBES Slide 11: Jail- flickr.com/photos/robby/2055381304/ Slide 12: Art- www. needlenart.com/id35.html Slide 13: Rights- www.answers.com/topic/native-american Slide 16: Map- epa.gov/pmdesignations/1997standards/biamap.htm Slide 17: BIA- encarta.msn.com/media_701508412/occupation_of_the_bureau_of_indian_affairs_building.html Slide 18: Woman- guestlife.com and art by Laura Collier. http://www.aloradesigns.ca/index_files/paradigms.htm Photo Sources Numbered within Chapter 6
  59. 59. PART III: NATIVE AMERICAN RELIGIOUS TRADITIONS AND RESISTANCE
  60. 60. WHEN GOD BECAME RED CECIL CORBETT (NEZ PERCE’) <ul><li>Cecil Corbett, author, and Vine Deloria, Jr. Were both seminary graduates, they were asked to sit on several National Church Council meetings. The last was the Indian Goals Study, Deloria resigned after the first meeting. Corbett later found out that they were being used to close down Indian Missions. </li></ul><ul><li>Deloria, said in his book, Custer Died for Your Sins , “ This book has been hardest on those people in who I place the greatest amount of hope for the future-Congress, the Anthropologists, and the Churches. They have been spinning their wheels either emotionally or programmatically.” </li></ul>The first recorded baptisms in Alta California. Many Natives died while building the Missions. Deloria expected much from the church in terms of righting the wrongs that had been perpetrate on American Indian in the course of the European conquest of North American.
  61. 61. CHAPTER SEVEN: EARTH MOTHER AND PRAYERFUL CHILDREN: SACRED SITES RELIGIOUS FREEDOM BY HENRIETTA MANN (Cheyenne) <ul><li>Manifest Destiny- </li></ul><ul><li>” The White Man excused his presence here by saying that he had been guided by the will of his God; and so saying absolved himself of all responsibility for his appearance in a land occupied by other men.” </li></ul><ul><li>Standing Bear </li></ul><ul><li>Peace Policy of 1869-Because of the Church’s involvement in the newly forming government. The US government looked to the churches to assimilate and civilize the Native Americans. </li></ul><ul><li>The peace policy was a failure and abandoned in the 1880’s. </li></ul><ul><li>Alvin Josephy, Jr. </li></ul>
  62. 62. 1978 American Indian Religious Freedom Act (AIRFA) PL 95-341 NEZ PERCE- SWEAT LODGE The US government had banned the sweat lodge in 1873. Also outlawed were the Sun Dance, the Snake Dance, The Ghost Dance, The Potlatch Ceremony and the use of peyote for religious purposes. In 1890 at Wounded Knee Massacre 300 people killed practicing the Ghost Dance. “ It is a simple but critical matter of respecting sacred sites and the freedom of religion so that indigenous people can pray un culturally appropriate ways for all their relations on earth, It has been that way from the past of long ago,” Nistaomeno.
  63. 63. Native American Grave Protection Repatriation Act 1990 This school was founded by the United States Government to assimilate Native Americans into the mainstream society, upon which hundreds of  Native American children were removed from their homes and tribal cultures, sent to these schools to be educated, taught a trade and required to conform to Euro-American society.  Because of Bureau policies, students did not return home for several years, many of whom died and were buried in the school cemetery. <ul><li>NAGPRA provided: </li></ul><ul><li>Protected grave sites </li></ul><ul><li>Provided for the </li></ul><ul><li>repatriation and reburial of remains, and </li></ul><ul><li>Mandated the return of </li></ul><ul><li>sacred objects. </li></ul><ul><li>In consultation with </li></ul><ul><li>traditional spiritual </li></ul><ul><li>leaders. </li></ul>
  64. 64. Religious Freedom Restoration Act Public Law 103-344 1994 <ul><li>Reversing a Supreme Court decision (Employment Division, Department of Human Resources of Oregon v. Smith et al.) </li></ul><ul><li>Ended persecution against Indians who are practitioners of the peyote religion. </li></ul><ul><li>This legislation is significant in the protection of Indian rights. </li></ul>
  65. 65. Indian Sacred Sites 1996 President Clinton-Executive Order <ul><li>It ordered federal land management agencies to be responsive to the concerns of American Indian Tribes. Tribes appreciated the gesture but it lacked enforcement. </li></ul><ul><li>Tribes want a guarantee of religious freedom, protection of the integrity of their most holy places. </li></ul>BEAR BUTTE-SACRED SITE Climbing her is like climbing a cathedral or temple
  66. 66. Chapter 8 Religious Studies on the Margins: Decolonizing Our Minds ( Michelene E. Pesantubbee) (Choctaw) This study is one of challenging the classic way of studying and theorizing about Native Indian religious traditions.
  67. 67. <ul><li>Many Native American students who began studying religious studies had change in mind. They didn’t like how scholarly texts represented the histories of religion and anthropological studies of American Indian culture. They felt that the true facts were minimized. </li></ul>
  68. 68. <ul><li>This chapter will look at how three American Indian scholars named Vine Deloria Jr. (Standing Rock Sioux), Ines Talamantez (Mescalero Apache), and George Tinker (Osage/Cherekee) have pushed the boundaries of the study of American Indian religious traditions, in ways that opened up new paths of study for the next generation. </li></ul>
  69. 69. <ul><li>Vine Deloria has been an activist for American Indian religious freedom, and has challenged many court decisions through the years. He points out many problems in some of these cases based on “analyzing” tribal religions within the same conceptual framework as Western organized religions. He points out how the practice of treating Indian remains as natural resources, exploits the Indian Culture. </li></ul><ul><li>Ines Talamantez, Professor of Religious studies at UC Santa Barbara, is trying to train American Indian scholars who are studying American Indian religious traditions. Through her guiding fieldwork, many students have begun working within their own Nations, to develop theories that come out of their culture, rather than forcing theories out of the culture. </li></ul><ul><li>One of the most difficult areas to challenge the status quo in academia is in seminaries or schools of theologies. The separation of Christianity from its Western European heritage has not been easy. </li></ul>
  70. 70. <ul><li>George Tinker , Professor of cross-cultural ministries at Iliff School of Theology, has taken up the challenge, by not romanticizing Christian mission history, and working on liberation theology. He has demonstrated that there have been devastating effects on American Indians, even with the “good” intentions that the missionaries had. </li></ul><ul><li>The academic study of religion has its roots in Enlightenment philosophy, and in America, it has 500 yrs. of colonial history informing its development. The field of study itself, has only been around 40 yrs, and American Indian religious traditions as an area of specialty, only 30 yrs. </li></ul><ul><li>Another issue that has come up, is “who” should study Native cultures, insiders or outsiders? The western thinking that has evolved cannot be undone in 30 yrs. </li></ul><ul><li>American Indian scholars should look at themselves as both insiders and outsiders, and recognize the Western colonization theories that have been imbedded in them, and work on their opinions from both a western and indigenous perspective. </li></ul>
  71. 71. Native American Culture and Traditions The sun dance is a tradition of the Native American people and is what people might think of as self- mutilating or self-torture, only If they themselves do not understand Native American traditions. The ceremony is demanding and brutal. The dancers prepare by fasting for four days and dancing from dawn until dusk and offering flesh from one’s chest to be skewered and tied to a tree until dancing tears the skin. On the fourth day when the dancers leave the arena they are at times saddened that the dance has ended. Each person has their own reasons for participating in such a torturous ceremony. Chapter 9
  72. 72. <ul><li>Purification ceremonies are generally held separately for men and women. To enter into a purification ceremony is to enter into an American Indian church. If a person is intoxicated, he or she is not allowed to participate in the purification ceremony. It is through the purification ceremony that one is cleansed, and it can be used as a form of additional detoxification for an individual who has established his or her sobriety. Through prayer and meditation, the people reach out to the “Great Spirit” and the Elders for strength and guidance. </li></ul><ul><li>When a person enters into the purification ceremony, he or she must enter with good intentions and positive thoughts. The strength gained and given within the purification ceremony amongst the brothers and sisters is believed to help a person re-focus his or her life and keep all negativity out of his or her reasoning powers. Purification ceremonies allow one to walk on the road, the road of peace, sobriety and cleanliness of the soul, giving a person the strength to handle life’s tribulations and to lose material values, going back to things that we should be thankful for, such as mother earth and father sky. The experience reminds one that we borrow the earth and that the sun provides light for life, in the plant and animal nations, the winds provides light for life, in the plant and animal nations, the wind provides the breath of life and the rain cleanses the earth. Through prayer, all the mother earth is brought in the heart. </li></ul>Sweat Lodge-Purification Ceremonies
  73. 73. Gathering of Nations Pow Wow <ul><li>The purpose is to Promote the traditions and culture of the American Indian people in the most positive manner possible. </li></ul><ul><li>Dispel stereotypes created about the Indian people. </li></ul><ul><li>Provide Native and Non-native people the opportunity to participate, practice, teach, and </li></ul><ul><li>exchange tribal traditions among all tribes. </li></ul><ul><li>Enrich other people from different cultural backgrounds about the history and heritage of America's first inhabitants </li></ul> A way that we as Native Americans can be proud of in ourselves and our children is the Native American dance and is what we call the Pow Wow. Below are just a couple of pictures and information on our nations biggest Pow Wow called:
  74. 74. <ul><li>ACTIVITIES: </li></ul><ul><li>Maintain an on-campus presence at the University of New Mexico.      </li></ul><ul><li>Develop instructional materials on Indian history and culture for elementary and secondary schools.      </li></ul><ul><li>Sponsor periodic competitions, social singing and dancing, Miss Indian World competition & bestow awards. </li></ul><ul><li>      </li></ul>Produce the internationally acclaimed Traveling Show and the Gathering of Nations Pow Wow. Publish seasonal newsletter with the news of the Gathering of Nations
  75. 75. Here are a couple more pictures from the Gathering Pow Wow Miss Indian World 2007
  76. 76. Part Four Indian Intellectual Culture and Resistance Introduction There is No Such Thing as a One-Way Land Bridge Joy Harjo (Mvskoke) “The story depends on who is telling it...” (p.243) Google Images
  77. 77. Chapter 10 Contours of Enlightenment: Reflections on Science, Theology, Law, and the Alternative Vision of Vine Deloria, Jr. Ward Churchill (Keetowah Band of Cherokee) “Many a balloon of pretension, both academic and official, he has punctured on our behalf, leaving those who would preside as emperors over our minds standing naked and exposed, red-faced, spluttering and without adequate retort, the eventual objects of ridicule or revulsion rather than reverence...” Ward Churchill of Vine Deloria, Jr. (p. 245) Google Images
  78. 78. The Politics Although considered an “intellectual of the first order”, Deloria was also an activist who was at least indirectly involved in “events such as the 1969 occupation of Alcatraz Island, the 1972 occupation of BIA headquarters in Washington, DC, and the 1973 siege of Wounded Knee. (p. 247) He later advocated a more progressive approach, working within the legal system itself, to achieve tangible if limited improvements to the dire circumstances of most Native people. (p. 249)
  79. 79. Excavations Deloria presented a critique of the arrogance of anthropology and modern science in general. He cited that anthropologists “invariably seemed to have predetermined what they would find and what it would mean”. (p. 251) As he continued to dig deeper, he unearthed what he felt was proof that the sciences, rather than refuting Judeo-Christian beliefs, upheld and supported the Biblical Creation story as well as the belief that humans had the right to “dominate nature”. (p. 251) He undertook a protracted study, combining Native North American origin stories with cosmologies and oral histories of the same people, comparing his findings with the geological record and finding many correlations. (p. 253)
  80. 80. Towards a New Synthesis of Understanding Though conceding that Deloria's arguments were well-founded, the establishment took issue with his findings just the same. Churchill believes the criticisms are misleading and, should science take a hard look at what Deloria offered them, the “paradigms of scientific understanding” might well shift as a result. (p. 257-258) Deloria's work, including the dismissal of the Bering Strait theory as fraudulent, demands a “fundamental rethinking of human dispersal patterns across the planet and, ultimately, of prevailing notions concerning human evolution”. (p. 259)
  81. 81. Native Voices Chapter Eleven Transforming American Conceptions about Native America: Vine Deloria, Jr., Critic and Coyote Ches Talamantez (Apache/Chicana) By: Kathy Freeman
  82. 82. We live in time and space and receive most of our signals about proper behavior from each other and the environment around us. Under these circumstances, the individual and the group must both have some kind of sanctity if we are to have a social order at all. By recognizing the various aspects of the sacredness of lands as we have described, we place ourselves in a realistic context in which the individual and the group can cultivate and enhance the sacred experience. Vine Deloria, Jr., Spirit and Reason
  83. 83. <ul><ul><li>In Chapter Eleven, Ines Talamantez discusses the importance of Vine Deloria’s work on Native American writers as well as the Native American people. Inez Talamantez states “The chapters in this volume, all written by Native American scholars influenced by the groundbreaking work of Deloria, represent a Native reaction to the continuing crisis in Native American scholarship, which too often persist in misinterpreting Indian cultural realities. Like Deloria, our commitment to our communities and our intellectual posture of resistance put us distinctly at odds with the bulk of white scholarship produced by white academics over the past century and more. Above all else, these chapters should mostly be understood as reactions to a persistent crisis in American scholarship that fails to recognize and appreciate the efforts of Native and Non-Native scholars of academic integrity who expose the irrational political ideologies that continue to permeate and plague scholarly disciplines and the education system in America” (275-276) </li></ul></ul><ul><ul><li>Vine Deloria’s work is credited in opening the eyes of other scholar’s in the treatment of the Native American people. Deloria speaks of needing time to reflect, recalling that social and inhumane damage is easy to remember while culture and traditions are much harder. Traditions, religion, and language need to be studied and taught to younger generations of Natives in order for Native Americans to once again gain control. Indian societies lived many years before the White European settlers arrived and stripped them of all indigenous heritage, now is the time to bring back Native heritage and return to living in harmony with the land. Deloria chose to teach remembrance of the good, but do not forget the bad. </li></ul></ul><ul><ul><li>When one examines the history of American society one notices the great weakness inherent in it. The country was founded in violence. It worships violence and it will continue to live violently. Anyone who tries to meet violence with love is crushed, but violence used to meet violence also ends abruptly with meaningless destructions. </li></ul></ul><ul><ul><li> Vine Deloria, Jr., Custer Died for Your Sins </li></ul></ul><ul><ul><li>Reference: Native Voices, American Indian Identity & Resistance </li></ul></ul><ul><ul><li>Edited by Richard A. Grounds, George E. Tinker, & David E. Wilkins </li></ul></ul><ul><ul><li>Kathy Freeman </li></ul></ul><ul><ul><li>HMSV C102 </li></ul></ul>
  84. 84. Native Voices Chapter Twelve Yuchi Travels: Up and Down the Academic “Road to Disappearance” Richard A. Grounds (Yuchi/Seminole)
  85. 85. <ul><li>Yuchi: an extinct agricultural and hunting tribe living in eastern Tennessee and northern Georgia at the time of the 1539 De Soto expedition to is region.(290) </li></ul><ul><li>Richard A. Grounds speaks of being a graduate student in Princeton, New Jersey and discovering a 110 year old encyclopedia on the history of the United States. In this volume a brief chapter of the Native American tribe of “Uchee” was discovered, and a short narrative was discussed. This chapter in the encyclopedia briefly discusses from what region the Yuchi people came from, and that few surviving members were left so they were basically an extinct tribe. Realizing the ramifications of this statement lead Grounds on a quest for answers, he being of the Yuchi tribe needed to find the meaning of why the Yuchi were classified as extinct and the meaning of such a phrase. </li></ul><ul><li>The word extinct in the dictionary refers to something “that no longer exist in its original form”. Only indigenous people on this continent are privileged to experience what it means to be both extinct and living.(291) Richard A. Grounds set out on his quest Down the Academic “Road to Disappearance” in order to provide answers to the extinction of the Yuchi tribe. During the early 1900’s reports stated the Yuchi tribe had dropped to numbers in the two hundred range. Data for this report had come from twenty-eight year old documents, while a 1930’s census had reported 1216 tribal members of the Yuchi tribe were still in existence. The reports of misinformation caused devastating results in terms of negative impact to the Yuchi tribe and as long as non-Natives continue to presume and analyze Native cultures extinction will always be a fear tribes will live with. The term Down the Academic “Road to Disappearance” refers to the fact the European American white people in the United States deemed the Yuchi tribe extinct in writing, Presentations and conferences held spoke of the extinction of the Yuchi tribe, and never was a stance taken in order to reverse this damage. Articles written on the Yuchi people suggest they merged with neighboring tribe the Creeks. Although many similarities exist between the tribes, both speak their own language. </li></ul><ul><li>Richard A Grounds along with other Native American scholars have continued to speak on behalf of the Native American community, and the results have been promising. Many tribes along with the Yuchi have rallied and traditions, culture, and religion have been placed on the highest level of importance. Scholars, Elders and other tribal members have placed a renewed importance on learning Native languages unique to their tribes while recording and teaching them to others. The fear extinction will finally become realty exist everyday, as long as the United States government continues to deny the Yuchi and other tribes rights to existence on paper the threat will always exist. </li></ul>Sa la k'adita Yuchi, the broad meaning of both &quot;Thank you/You are welcome.&quot; By: Kathy Freeman
  86. 86. The Passage of Generations <ul><li>This is a reflection of the life of the author, Vine Deloria, Jr. (Standing Rock Sioux), and that of generations of traditional people and those who witnessed profound changes occurring while trying to adjust to them. Vine Deloria, Jr. knew some of the outstanding Indian leaders of the century, that he refers to as “old people who were artists of a high caliber” (320), because they had fundamental ways of seeking symmetry and logic in laws that had be inconsistencies. </li></ul><ul><li>Because of their determination, Vine Deloria, Jr. followed them by dedicating himself to providing Indian communities with a better understanding of Federal Indian Law. </li></ul>Robbie Robertson ~ “Ghost Dance”
  87. 87. The author, Vine Deloria Jr., makes reference to a time when he entered Indian affairs and the Indian world was much simpler. Only two organizations represented Indians- the National Congress of American Indians and the National Indian Youth Council. Today, there is a multitude of Indian organizations, some of which have formed societies and networks that have little to do with the people in Indian communities. Reservation people and their land have been beneficiaries and victims of the federal legislation during the past century.
  88. 88. “ Until [scholarly literature is] develop[ed]…that can transform consent [for legislation] into a legal requirement, [there] will not… [be] much progress in Indian law. Contemporary Indian leaders must understand the necessity of producing a large body of literature that will inform law clerks, judges, and justices of the Indian side of the story. [The Indian story] cannot…[be told in snippets] as legal briefs give the opportunity to do so” (321). Go back to our roots and learn from the experiences of people before us.
  89. 89. Our textbook refers to Native American historical experiences and present day repercussion as a direct result of those historical events. Trying to correct some wrongs. Learning from the past, sets us in the right direction for future generations. Ironically, across this past century, the Great Plains is again, best suited for buffalo wildlife pasture. The First Americans believe that events are not coincidental. Indian traditions emphasize the circle of events and great cosmic significance.
  90. 90. From December 5th to the 16th, delegates from the International Indian Treaty Council, along with almost 100 other Indigenous representatives from around the world and many state (country) delegations, participated in the 11 th session of the United Nations On September 13, 2007, the United Nations adopted the Declaration. To see the full text and the United States Opposition, go to: www. treatycouncil .org “ DEFENDING TREATY RIGHTS AT THE UNITED NATIONS” IITC Report from the 11th UN Working Group on the Draft Declaration for the Rights of Indigenous Peoples, December 2005
  91. 91. Because the “Native” voice has rarely been sought out or heard when offered, the conclusions in this book differ from those in typical textbooks and other materials authored by white historians and anthropologists. With regard to the course textbook, Cultural Diversity by Jerry Diller, “Native Voices” takes the same subjects to greater depths. It was helpful to have the interview with Jack Dawson as a place from which to start, while reading of the same subjects in “Native Voices”, because, while the conclusions did not differ, every additional speaker on the subject adds something to the discussion. An example of this comparison would be the Indian Boarding School Experience …
  92. 92.   The Boarding School Experience “ After generations of indigenous children had been socialized in government or missionary boarding schools, and after corrupt government policies had reduced economic and political self-sufficiency for reservation-based Indians to pipe dreams, many American Indians had difficulty continuing to conceptualize – as their ancestors had – a definition of justice that challenge the constraints established by the settler society surrounding them .” ( Native Voices , p. 98) “ Perhaps the most insidious about this practice was its effect on the Native family and its cohesion. When the children were taken out of their families, they were separated from their grandparents, parents, extended family, aunts, uncles, community and so on. For generations, many Native American children were robbed of the nurturing of their families, deprived of the opportunity to learn parenting skills and other cultural lessons that would have enabled them to raise healthy families of their own…” ( Cultural Diversity , Jerry Diller, p. 225)
  93. 93. Off-reservation boarding schools for American Indian children began on November 1, 1878 when Captain Richard H. Pratt opened the Carlisle Indian School at an abandoned military post in Pennsylvania. Pratt was an Army Captain, not an educator. He had been put in charge of 72 Apache prisoners held at Ft. Marion near St. Augustine, Florida. The Army said that prisoners were suspected of having murdered white settlers, but never proved this claim. http://www.kporterfield.com/aicttw/articles/boardingschool.html
  94. 94. “ Pratt’s goal was to “kill the Indian, not the man”. In order to assimilate American Indian children into European culture, Pratt subjected them to what we could call brainwashing tactics today. These are some of the same methods that cult leaders use to coerce recruits to commit completely to a new way of thinking.” http://www.kporterfield.com/aicttw/articles/boardingschool.html <ul><li>After Carlisle opened, boarding schools became a part of official U.S. Government Indian policy. Attendance was mandatory. Most of the schools were run by church organizations, but they all followed the same mind-control model set forth by Pratt. </li></ul><ul><li>Many boarding schools were established far away from reservations so that students would have no contact with their families and friends. Parents were discouraged from visiting and, in most cases, students were not allowed to go home during the summer. </li></ul><ul><li>Indian boarding school students wore military uniforms and were forced to march. </li></ul><ul><li>They were given many rules and no choices. To disobey meant swift and harsh punishment. </li></ul><ul><li>Students were forbidden to speak their language. </li></ul><ul><li>They were forbidden to practice their religion and were forced to memorize Bible verses and the Lord’s Prayer. </li></ul><ul><li>Their days were filled with so many tasks that they had little time to think. </li></ul><ul><li>Indian students had no privacy. </li></ul><ul><li>Boarding school students were expected to spy on one another and were pitted against each other by administrators and teachers. </li></ul><ul><li>Students were taught that the Indian way of life was savage and inferior to the white way. They were taught that they were being civilized or &quot;raised up&quot; to a better way of life. </li></ul><ul><li>Indian students were told that Indian people who retained their culture were stupid, dirty, and backwards. Those who most quickly assimilated were called &quot;good Indians.&quot; Those who didn’t were called &quot;bad&quot; Indians. </li></ul><ul><li>The main part of their education focused on learning manual skills such as cooking and cleaning for girls and milking cows and carpentry for boys. </li></ul><ul><li>Students were shamed and humiliated for showing homesickness for their families. </li></ul><ul><li>When they finally did go home, as to be expected, many boarding school students had a difficult time fitting in. </li></ul>
  95. 95. &quot; It's cheaper to educate Indians than to kill them .&quot; --Indian Commissioner Thomas Morgan speaking at the establishment of the Phoenix Indian School in 1891   Assimilation is genocide....About this point there has been and will continue to be controversy. The draft United Nations Genocide Convention proposals included an explicit statement proscribing cultural genocide (destruction of the specific characteristics of a group) as well as biological genocide (restricting births, sterilization) and physical genocide (killing, whether quickly as by mass murder, or slowly as by economic strangulation). This proposal was immediately resisted by the United States (whose politicians were concerned that U.S. treatment of minorities would be in violation of such injunctions), and their efforts to derail those provisions were supported by Canada.... The education of native children in day and residential schools was one of the key elements in Canada's Indian policy from its inception. The destruction of the children's link to their ancestral culture and their assimilation into the dominant society were its main objectives.... [First], we consider forcing the members of a group to abandon their form of life to be, by definition, inflicting serious mental harm on members of a group ; whether or not the &quot;forcing&quot; is accomplished by starvation, beatings, or other physical means is completely irrelevant. Second, the dualistic separation of a culture from its biological carriers is an implicit racialism of a kind the United Nations has itself rejected. It takes culture as a kind of add-on to the real object of concern, the biological person. But how are we to conceive of a person without a culture, or a culture that is peopleless? Residential Schools involved a forced transfer of children from their parents to the designates of the State, the explicit form of cultural genocide covered by the UN Convention. Even the phrase &quot;cultural genocide&quot; is an unnecessary ellipsis: cultural genocide is genocide. Finally, in any intellectually honest appraisal, Indian Residential Schools were genocide. From: www.english.illinois.edu/maps/poets/a_f/erdrich/boarding/keyissues.htm
  96. 96. <ul><li>For more information about the Boarding School Experience: </li></ul><ul><li>View “Our Spirits Don’t Speak English”, an award-winning documentary </li></ul><ul><li>View a clip of the above documentary, an interview with Andrew Windy Boy at http://www.youtube.com/watch?v=qDshQTBh5d4 </li></ul><ul><li>Visit http://www.kporterfield.com/aicttw/articles/boardingschool.html </li></ul>
  97. 97. <ul><li>As part of our combined efforts to immerse ourselves in Native culture for this book project, several of us attended the following: </li></ul><ul><li>Historical Trauma Seminar , given by Ray Daw, a colleague of Maria Yellow Horse Braveheart in Big Pine, CA </li></ul><ul><li>A Sweat Lodge Ceremony in Bishop, CA, graciously arranged by Peggy Vega </li></ul><ul><li>The Sacred Hoop Workshop on Healing in Bishop, CA </li></ul><ul><li>Kelli R. traveled to Mexico and interviewed an elder for this presentation </li></ul><ul><li>These experiences enhanced our understanding of Native practices, deepened our appreciation of the beauty of the Native cultures, and forged a bond in our group… all of which will continue beyond the end of this course. </li></ul>
  98. 98. Do the conclusions differ from the textbook or other books you have read? “ No--The textbook refers to Native Americans’ historical experiences and present day repercussions as a direct result of those historical events. Trying to correct some wrongs. Learning from the past sets us on the right path for future generations. The first Americans believed that events are not coincidental. Indian traditions emphasize the circle of events and great cosmic significance.” “ While this book does not differ in conclusions from our textbook, it does differ from standard textbooks which do not accurately reflect the true history of Native American people…The fact that it is told from within Native culture, by Native people, brings a completely different dynamic to the worldview being described.” How has this book helped you understand the subjects you are studying in this course? “ This book reminds the reader of the profound effect history has on our present life. There are countless individuals who made a difference in the past and young people now who can help us better understand how our connected worldviews have evolved. I understand and appreciate the foundation of spirituality amongst Native American groups of people.” “ Reading this book helped me move outside my comfort zone and interact with Native people in my community in new ways. What I have gained is both the knowledge and understanding the book imparts as well as a burning desire to further the education it offered me.” Would you recommend this book?  Why or Why not? “ Yes and No    My opinion is that the book read more like a textbook, rather than a book report book. Probably a good book for a Native American studies course. I did learn from the book, because of the historical perspectives. I understand the importance of this book and it's purpose.” “ I highly recommend this book. Reading “Native Voices” is like “listening” to the voice of Native people directly affected by the issues discussed and walking in their shoes if only for a short time. This book takes a subject that is often brushed aside as “history” and draws the reader into the issues raised as they still exist today. Once there, one cannot and sit back and pretend to be outside of the situation. The struggle of Native people for recognition, respect, and a “voice” is a struggle in which we all play a part. It can no longer be seen as “us” and “them” . These voices are still talking, telling stories and singing, and “Native Voices” brings those stories and songs to life.”
  99. 99. “ Deloria’s work has touched me profoundly, at times angered me, always motivated me to continue, and shaped my own work as a critical thinker. He has enriched me and countless others with new ways of thinking about the world we live in, enabling us to begin to free our minds of colonialism and missionization and to return to respecting the way our ancestors lived, with reverence toward people, toward nature, the land, and community.” (Talamentez, p. 275)
  100. 100. “ The conceptual seeds he has sown will undoubtedly continue to sprout for decades hence, after the man himself and those of us who have been honored to know him personally are no longer present to savor the pleasures of their fruit. His, then, has been the bestowal of the gift of his very life on coming generations and, in perhaps greater denominations, the eternity of this land that is the mother of us all”. (Churchill of Deloria, p. 260)
  101. 101. Additional Resources All photographs and graphics from public domain sites such as www.photobucket.com or Google Images unless otherwise specified. Diller, Jerry, Cultural Diversity , 3 rd . Ed., 2007, Thompson: Belmont, CA

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