::Native.Strength::

April 12, 2012

Begging for Scraps at the Table of Justice

Filed under: Politics — Tags: , , , , , , — Gyasi Ross @ 9:20 pm

Native people have the greatest interest of anybody in making sure that all poor people and all people of color receive justice when they are wronged. Many times in history American justice has given Native people the shaft, and so that might make a few of us impatient, angry and not wanting to share the spotlight when an “injustice” discussion comes up.

There are a couple of Native people who don’t want to share that spotlight.

Those Natives feel that they should have a monopoly on that injustice discussion; nobody knows American injustice like Native people. How dare the media talk about injustice toward other people until they address the injustice toward us?

To wit, when I first posted about the Trayvon Martin tragedy here, it received a huge response, both agreeing and disagreeing. Thank you. Although some perspectives are better thought out than others, I appreciate you all reading my words and giving thought to my thoughts. And even though I definitely love it when someone agrees with my perspectives, I’m Blackfeet—I also love confrontation and opposition. Fighting is fun, and The Thing About Skins is specifically intended to be a forum for fearless Indigenous writers (Cetan Wanbli, Rob Chanate, Ray, me) to push ideas, think outside of the box and to say the unpopular thing that a WHOLE bunch of Native people are thinking. The Thing About Skins was designed for precisely that. Therefore I was thankful that some people disagreed with my perspective so we could fight a little bit.

Most of the Native people that responded to the piece agreed that we need to push for justice of all people in this country. Most Native people “get” justice—we know that it sucks to be on the outside looking in and we don’t want others to feel that pain.

Still, there was one small group of dissenters about the Trayvon Martin piece that troubled me, and it wasn’t because they disagreed with me. People disagree with me all the time—I cannot tell my son to go brush his teeth without him giving me 30 reasons why he shouldn’t brush his teeth at that moment. And sometimes, as a result of his reasoning skills, he gets out of brushing his teeth. So I don’t mind disagreement—I actually encourage it.

That small but very vocal group of dissenters only wanted to contextualize the tragedy around Native injustice and therefore pushed the position toward Native issues. Those readers pushed forward a laundry list of Native injustice topics that Indian Country Today Media Network should be talking about instead of this dead child who was racially profiled and then killed by a person that shot first and asked questions later. One dolt actually hinted that we should be talking about, instead of the death of this child, Native mascots, as if the undeniable disrespect of Native mascots is more horrible than (alleged) second-degree murder. Another group offered the position that “There have been Native American children killed and there was never any prosecution. Why are we talking about this NON-NATIVE child, when it happens to our children all the time?”

That’s a fair point. We certainly should be talking about any Native children that had their lives taken early. We should be screaming from the rooftops for justice for those beautiful Native children, men and women that have been waylaid by the justice system; we need to be more proactive about protecting our own. No question.

Still, that love and demand for justice that we show to our own people doesn’t need to come at the expense of other people. In fact, it shows a profound spiritual poverty if Native people believe that the only way that we will get justice is by trying to compete with other ethnicities for justice, as if justice was a plate of our favorite food that everybody else will eat if we don’t eat all that we can right now. That is a lie that we’ve been sold, and we bought it hook, line and sinker—“there is only a little bit of justice, and so you better make sure that you cut everybody else’s throat to make sure that you get it.”

Ugly. Desperate. Spiritually impoverished.

We need to be more than a bunch of people begging for the tiniest scraps of justice at the great white father’s table, competing for those scraps.

Instead, we must realize that Native people have a vested interest in making sure that everybody in this country’s rights are respected. The more that all people of color are able to enforce their rights in this country, the more likely that justice will eventually make its way to Native people. We are all inextricably linked and need each other—therefore, Indian people should be screaming for justice for Trayvon Martin specifically because we’ve seen many instances of Native people being killed by rednecks under the theory that the Native people were “threatening” before. We should be screaming for the racial profiling of Mexicans in Arizona to stop specifically because we know what it feels like to be racially profiled and to thus be robbed of our rights. When redneck legislators attempt to limit the ability of homosexuals to decide whether they want to marry or not, we should stand beside them understanding how demeaning it is to have outsiders dictate what you can and cannot do as a group. We should stand with poor and voiceless people of all colors, including poor white people. We should stand up for them, because we would want them to stand up for us when our human and civil rights are threatened. No more begging for scraps—let’s demand full justice for all of our people.

Gyasi Ross is a member of the Blackfeet Nation and his family also belongs to the Suquamish Nation. He wrote a book called “Don’t Know Much About Indians (but i wrote a book about us anyways)” which you can get at www.dkmai.com. He is also co-authoring a new book with Robert Chanate coming out in the Summer of 2012 appropriately called “The Thing About Skins,” and the website and publishing company for that handy, dandy book is www.cutbankcreekpress.com (coming soon). He also semi-does the twitter thing at twitter.com/BigIndianGyasi

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Beaver Lake Cree Nation Allowed to Continue Lawsuit Against Province and Feds

In a modern-day proverbial David-versus-Goliath victory, tiny Beaver Lake Cree Nation has persevered in its attempt to sue both the Alberta and Canadian governments for damages stemming from 15 years of oil sands development that it was never consulted on.

The Court of the Queen’s Bench has upheld the First Nation’s 2008 lawsuit despite the provincial and federal governments’ attempts to throw it out amid claims that it is frivolous. In her decision Justice Beverley Browne said that the case is worth pursuing because it raises issues and questions about aboriginal consultation overall that need to be addressed.

Winning the case would not entail revoking the 19,000 development permits that have been issued during that time, Browne said. Rather, it would allow both parties to “sit down and negotiate the application of the duty to consult and how ongoing aboriginal and treaty rights will be protected and managed,” the decision said. Browne implied that the court might even play a mediatory role.

“We have always been ready to talk, and we are pleased that the Court may even go so far as to supervise those talks,” Beaver Lake Chief Henry Gladue said in a statement. “The treaty is a sacred document for my people and we are very happy that the courts are prepared to back us up to ensure treaty rights are protected.”

The 900-population Cree First Nation claims in its lawsuit that it has lost its treaty-guaranteed ability to hunt, trap and fish on its traditional lands as a result of development in the oil sands region of Alberta. The First Nation is a signatory of Treaty 6.

The crude extracted from this development, which is carved out of the boreal forest, is sold mainly to the U.S. It would also be the source for oil sent to Asia through the contested Northern Gateway pipeline, as well as to the Gulf of Mexico should the Keystone XL pipeline ever get approved.

Here, Donald and Christine Twin describe the effects on their way of life, their health and their land. The Beaver Lake Cree Nation’s website has more info on their ongoing struggle to survive.

Click here to view the embedded video.

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

On February 26, 2012, 17-year-old Trayvon Martin was shot and killed by George Zimmerman, a self-proclaimed neighborhood watch leader, as he returned from a nearby store where he had bought some snacks. Zimmerman, who says he shot Martin in self-defense, was arraigned on second-degree murder charges on April 12 in Sanford, Florida, after weeks of protest, leaks and speculation.

Because Martin was a young, unarmed black male, many people believe he was the tragic victim of racial profiling by an over-zealous Zimmerman.

LO RES george zimmerman AP120330041720 115x63 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

George Zimmerman

Racial profiling is a scourge for all minority communities, and this tragedy calls to mind the fatal altercation between a Seattle police officer and a Native woodcarver John T. Williams in 2010. In both cases, the victim was confronted and killed by a man with a gun who thought he was protecting his community.

LO RES FEA Photo John T Williams Memorial Pole Totem if You Got Em courtesy John T WIlliams Family copy 270x266 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

John T. Williams

Dr. Arica Coleman, a professor of African American studies at the University of Delaware, is of both Native American and African American descent and knows well the constant threat posed by racial profiling. “Just being a woman of color makes me a target,” says Dr. Coleman, who then recounts a recent incident that—although it had a peaceful resolution—reinforces her point. “I was dressed in athletic wear, taking a walk through my nice, white suburban neighborhood with an exercise weight in each hand—I was not the only one walking with exercise weights—pumping my arms vigorously so as to get an optimal workout,” she says. “I turned my head and spotted a police cruiser slowly trailing me. When the officer flashed his lights I immediately stopped.”

After Coleman gave the police officer the hand weights and her address, she says he expressed surprise that she was a resident of the community. “He blurted out, ‘Oh, you live in this neighborhood,’” she recalls. “With a wide smile I informed him that I had lived here for almost 20 years. His eyes widened when he heard that. I cracked a couple of jokes. We laughed, wished each other good day and I continued my walk, but I knew better than to believe that this was simply a case of curiosity; this was a case of Walking While Being a Person of Color in a pristine white neighborhood,” she says.

Dr. Arica Coleman e1334245619616 270x234 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

Dr. Arica Coleman, a professor of African American studies at the University of Delaware, is of both Native American and African American descent. (Vincent Schilling)

Dr. Coleman says racial profiling is something she and all people of color must live with and negotiate around nearly every day to avoid becoming a victim. “I am a woman of color and as such my very existence and value are defined in this society based on where I fit in the American racial hierarchy. Consequently, I am never viewed as a professor, but rather a black professor who thinks she’s Native American. As a female colleague from Trinidad once told me, ‘I did not know I was a Black woman until I came to the U.S.’”

Walter Lamar knows racial profiling from both sides of the lens. He is the President and CEO of Lamar Associates, a company specializing in law enforcement, security and emergency preparedness. He is also a former FBI agent and served as the Deputy Director of the Indian Affairs Office of Law Enforcement.

Lamar says that although shooting deaths of both Martin and Williams were tragic, they were very different scenarios. He says Williams may have been killed because the officer was doing racial profiling, but it’s also plausible that the officer would have shot anybody—black, white or Native—holding a knife on a city street that day.

lamar walter Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

Walter Lamar

He says the Trayvon Martin case, however, is a completely different situation, and racial profiling was clearly a factor. He hastens to point out, though, that Zimmerman was not a trained law-enforcement officer, nor even a registered Neighborhood Watch volunteer. “He was just a yahoo with a 9mm pistol,” Lamar says. “The most dangerous person out there is a fool with a gun who has a hero complex.”

He adds that racial-profiling is a serious problem on border towns near reservations. “There are going to be border-town police who don’t like Indians and they are going to say ‘There is a carload of Indians—I bet somebody in that car is drunk and I’m going to pull them over.’”

Lamar says that even though racial profiling is against the law, many people—cops and civilians—have prejudices, and those prejudices come into play every day. “What you have to do is have cultural awareness training and you have to acquaint officers with the Native way of life,” he says.

Guilty for Being Brown 270x211 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial ProfilingColeman says that in light of recent events, comparisons of racial profiling in African American and Native American communities can—and should—be drawn. “When it comes to people of color, we must justify our presence in the public arena when we are within our so-called designated spaces, i.e., segregated urban communities and reservations—which are over-policed. When African Americans and Native Americans dare venture outside of those spaces and into communities deemed to be off-limits, we are suspicious simply by virtue of our race and declared guilty of the crime of ‘Walking While Black’—Trayvon Martin—or ‘Holding a Knife While Indian’—Jonathan T. Williams.

“While African Americans have always experienced forced exclusion from the American mainstream and been denied equality with whites, Native Americans have always experienced forced inclusion, wherein mainstream America demands that Indians give up their race and culture to become honorary white people. African Americans are profiled based on the assumption that they do not belong; Native Americans are profiled based on their refusal to go along.”

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Zimmerman Charged With Second-Degree Murder

Special prosecutor Angela Corey during a press conference held at 6 p.m. April 11, announced that George Zimmerman, 28, and the neighborhood watch volunteer who fatally shot 17-year-old Trayvon Martin in Sanford, Florida in February was arrested and charged with second-degree murder.

According to the Associated Press, via CBS News, second-degree murder is used brought in cases involving a fight or confrontation that results in a death that wasn’t premeditated.

Zimmerman could receive up to life in prison if convicted and he is expected to enter a not guilty plea.

Read more @ Indian Country Today Media Network.comZimmerman Charged With Second-Degree Murder - ICTMN.com.

April 11, 2012

Reports: Zimmerman to be Charged in Trayvon Martin Shooting

George Zimmerman, the neighborhood watch volunteer, who shot and killed Trayvon Martin, 17, an unarmed teenager in Sanford, Florida in February will be charged according to CBS News.

A press conference is scheduled for 6 p.m. ET, with State Attorney Angela Corey.

Zimmerman, who has claimed self defense has been free for the past 44 days and has sparked national outcries and protests for justice according to MSNBC.com. Critics have questions whether the shooting was racially motivated and raised concern with Florida’s self defense law – Stand Your Ground Law, according to CBS News.

“It’s 44 days later, and George Zimmerman is still walking free,” Tracy Martin, Trayvon’s father, said at a news conference during a meeting of the National Action Network in Washington and reported by MSNBC.com. “It’s 44 days later, and my son is in a mausoleum.”

Read more @ Indian Country Today Media Network.comZimmerman Charged With Second-Degree Murder - ICTMN.com.

April 9, 2012

Brendan Johnson on Bootlegging Indictments and More

A federal grand jury has indicted five individuals for possessing and selling alcohol on the Pine Ridge Indian Reservation, says the U.S. Attorney’s Office for South Dakota, an arm of the Department of Justice. According to U.S. Attorney Brendan Johnson, the indictments resulted from a cooperative operation targeting bootlegging by his office, the Oglala Sioux Tribe Department of Public Safety and the Bureau of Indian Affairs’ Office of Justice Services.

The indictments were also the product of extra attention his office has paid to individual communities’ concerns, said Johnson, who is also chair of the Justice Department’s Native American Issues Subcommittee: “Through our Community Prosecution Strategy, we work with tribes and listen to them in town-hall-style meetings. On Pine Ridge, we also have a pilot program that makes a federal prosecutor available there three days a week.”

A priority on Pine Ridge—widely reported for years both locally and nationally—has been halting the bootlegging of alcohol onto the reservation, especially from beer stores in the notorious border town, Whiteclay, Nebraska. Johnson acknowledged the importance of problems emanating from Whiteclay but cautioned that at this time his office does not know the source of the alcohol that figured in the five recent indictments. He also noted that the charges are merely accusations and that the individuals are presumed innocent until proven guilty. They will be tried in separate trials on May 1, 2012.

Further, according to Johnson, it’s important to realize that most crime, on or off reservations, can be blamed on drugs and alcohol. “This is not a Native problem more than a white problem,” he said. “It’s an addiction problem.”

Johnson went on to talk about his desire to have his office perceived in Indian country as a partner and friend and not just a prosecutor of major crimes. To bring that about, his office has set up programs including the Native American Youth Leadership and Listening Conferences. “We’ve had four so far, with about 100 kids attending each,” he said. “We have a speaker, such as a rapper or poet, talk to them, then we listen to their challenges, including drugs, alcohol, gangs and suicide.”

“The main thing they tell us is that they need opportunities—for athletics, for employment,” Johnson said. “Given what I’ve heard, I’d say I have the greatest hope for these young people.”

Read more @ Indian Country Today Media Network.comSherman Alexie’s Absolutely True Diary Makes ALA’s Most-Challenged List Again - ICTMN.com.

April 7, 2012

Shingle Springs Band of Miwok Indians Files Suit to Stop Impersonation

The Shingle Springs Band of Miwok Indians, a federally recognized tribe of Placerville, California, recently filed a lawsuit against more than two dozen individuals, who were connected to a previous lawsuit in regards to improper misappropriation of the tribe according to a tribal press release.

The lawsuit that was filed with the United States District Court for the Eastern District asks that these individuals, who have no connection with the tribe or permission on its behalf, be prohibited from pretending to represent or act for the “Shingle Springs Band of Miwok Indians.” According to the release, the tribe is seeking injunctive and monetary damages for violation of the tribe’s trademark and other legal rights.

The first lawsuit came in 2008, before the tribe opened its Red Hawk Casino gaming facility. An individual named Cesar Caballero filed paperwork with the County of El Dorado claiming he was doing business as the “Shingle Springs Band of Miwok Indians,” according to the release. Caballero was asked to withdraw the document but refused, resulting in the tribe bringing about a lawsuit. Caballero was ordered to cease using the Tribe’s name, but later tried to have the tribal mailing address changed to his bringing about federal charges of obstructing the Tribe’s mail to which he was convicted and waiting for sentencing scheduled for April 23. Caballero according to the release has obtained tax identification numbers from the Internal Revenue Service under the Tribe’s name, established websites that appear to be affiliations with the casino and the Band.

Caballero filed a counter lawsuit in February 2009 that was dismissed for having no basis in law.

Caballero continues to refuse to comply to the court order and claims that members of his “tribe” tell him not to. The federal court held him in contempt as a result and imprisoned him pending his compliance with the order. During the contempt proceedings Caballero had individuals who signed a letter on his behalf, claiming they were the “Shingle Springs Band of Miwok Indians.” These individuals are now the defendants in the second lawsuit filed March 1. Federal District Court Judge John Mendez deemed the second lawsuit related to the action against Caballero, which is set for trial on September 24. The second lawsuit has yet to be scheduled for trial.

“This Tribe has long struggled in poverty, and these people were nowhere to be seen when we had nothing at all,” Tribal Chairman Nicholas Fonseca said. “It was only after we managed to establish a gaming facility that they suddenly decided they wanted our land, our federal recognition, and our name.  If you want to understand what is driving these people, the fact that Cesar Caballero claimed the right to Red Hawk revenues in his countersuit against the tribe is all you need to know.”

The Shingle Springs Band of Miwok Indians has been recognized by the United States government as a sovereign entity since as early as 1906, when the government acquired land for the tribe. The land acquired was along the El Dorado County tract and next to a tribal group known as the El Dorado Band. Shingle Springs Band was known as the Sacramento-Verona Band of Homeless Indians then, until around 1980 when their present name was recognized. The press release states the El Dorado Band lost it’s federal recognition in the mid 1900s in connection with terminating the sovereign status of tribal governments. The assets were distributed to the Band members and unlike other California tribes never sought to restore its recognition status. Caballero and the other defendants are believed to descend from the terminated tribe.

Read more @ Indian Country Today Media Network.comShingle Springs Band of Miwok Indians Files Suit to Stop Impersonation - ICTMN.com.

Native Issues Judge William Thorne Named to Center for the Study of Social Policy Board

The Honorable William A. Thorne Jr., a judge on the State of Utah Court of Appeals and former judge in the Third District Court will be joining the Board of Directors for the Center for the Study of Social Policy (CSSP) according to a CSSP press release on April 5.

Thorne, who has been a tribal court judge in 10 states, was the former president of the National Indian Justice Center. The center is a nonprofit that trains tribal court personnel around the country.

“William Thorne brings unquestioned knowledge and wisdom to the board along with a passion for doing the right thing for children. He will help to assure that CSSP is able to deepen its impact on agencies and ultimately families and children,” Carol Wilson Spigner, chairman of CSSP’s board of directors said in the press release.

Thorne is nationally known for his knowledge on children policies and support programs, with a focus on Native American children and families. His focus on children issues has led him to board seats for Child Trends, Inc., a nonprofit child-centered research group (he is chair); and WestEd, Inc., a nonprofit focused on excellence and equity in education and a member of the Board of Trustees for the National Council of Juvenile and Family Court Judges.

He has also been a member of or currently is a member of the following organizations:

The CSSP has been working with state and federal policymakers and communities across the country for almost 30 years. Based in Washington, D.C. the nonprofit focuses on public policy, research and technical assistance; while promoting smart policies that improve the lives of children and their families and works to achieve equity for those too often left behind.

Read more @ Indian Country Today Media Network.comShingle Springs Band of Miwok Indians Files Suit to Stop Impersonation - ICTMN.com.

April 4, 2012

Attempt to Lift Affirmative Action Ban Rejected

When voter-approved Proposition 209 amended California’s constitution in November 1996 it prohibited colleges from granting “preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.”

That proposition was reaffirmed Monday, April 2 when the U.S. 9th Circuit Court of Appeals rejected a suit filed by 55 University of California applicants and By Any Means Necessary (BAMN), an advocacy group.

The plaintiffs’ arguments to get rid of the ban included a 2003 Supreme Court ruling allowing schools to consider an applicants’ race to increase campus diversity and a 50 percent drop in admissions of American Indian, African American and Latino students to the University of California in 2010, reported the San Francisco Chronicle.

After February arguments were heard, BAMN Chair Shanta Driver told reporters “our point is the University of California has got to be able to use measures that are now barred by Prop 209 to be able to create a level playing field in the admissions system.”

She also told the gathered journalists that: “Our problem is that black and Latino and Native American students are the only people that aren’t considered in terms of who they are as individuals and in terms of how their life experiences and race and racism affect those two criteria for admissions.”

In reaffirming Prop 209, the court said it would stick to its 1997 ruling that “there was simply no doubt that Proposition 209—which amended the California Constitution to add Section 31—is constitutional,” reported the Los Angeles Times.

See full Shanta Driver interview with reporters:

Click here to view the embedded video.

Related Articles:

Supreme Court Will Revisit Affirmative Action in College Admissions

Read more @ Indian Country Today Media Network.comOn Class II Gaming Regulations - ICTMN.com.

Arizona Sheriff Joe Arpaio Refuses to Cooperate With Justice Department

Arizona Sheriff Joe Arpaio made headlines again this week, when on April 3 he flat-out rejected the U.S. Justice Department’s demand for an independent monitor in regards to the three year investigation involving discrimination allegations against Latinos within his police department during a news conference in Phoenix, Arizona according to USA Today.

Arpaio and his lawyers have been in negotiations with the DOJ on ways to remedy the allegations that include racial profiling. And on Tuesday, the DOJ made it clear that Arpaio’s refusal was a deal-breaker that would end settlement negotiations and bring about a federal lawsuit, according to the Huffington Post.

“We believe that you are wasting time and not negotiating in good faith,” wrote Roy Austin Jr., a deputy assistant attorney general, questioning whether the sheriff’s office was ever interested in settling the matter. “Your tactics have required DOJ to squander valuable time and resources.”

Arpaio, fired back that the monitor was an attempt at President Barack Obama’s administration to control the daily operations of his office and that turning it over would be “a dereliction of my duty,” according to USA Today.

Negotiation talks were to continue today, but have been called off following Arpaio’s refusal to cooperate and there has been no announcement as to when they may continue, according to the Huffington Post. The DOJ said this was the second time negotiations have been called off.

Read more @ Indian Country Today Media Network.comOn Class II Gaming Regulations - ICTMN.com.
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