
Hunter Gray [Hunter Bear] Organizer
AT OUR FAR-UP HOME IN EASTERN IDAHO
[Mi'kmaq/St. Francis Abenaki/St. Regis Mohawk]
Member, United Auto Workers, Local 1981 [AFL-CIO]
PHOTO BY THOMAS GRAY SALTER
NATIVE AMERICAN STUDIES COLLOQUY WITH A FRIEND: A KIND OF CONTEMPORARY INTRODUCTION (HUNTER BEAR NOVEMBER 10 2011)
The reason we're in Idaho is because of a great, great, great-grandfather, whose name is John Gray. He was half Mohawk and half Scottish. He was a leader of the Iroquois fur hunters in the Far West in the first part of the 19th century, came into the West in 1816 with a 16 year old Mohawk wife, left in the late thirties, came back again in the early 1840s. Gray's Lake in Idaho, Gray's Hole valley, Gray's River, all named for him. His basic winter camp is right behind this house, up half a mile. That's why we're here and that's why we're in this very house. He's the family culture hero. He killed five Grizzly bears in one fight while a Jesuit priest sketched the whole thing.
Bruce: I won't tell my Greenpeace friends that story.
Hunter: Well, I'm a hunter, but I'm getting more gentle as the years pass. But the point is that in a study of John Gray, done decades after that, some of the most astute people studying the fur trade came to the conclusion that his great contribution was representing the Indians very, very effectively. No Mine Mill organizer, no Wobbly walking-delegate, could ever do a better job. But at the same time, he could communicate with the whites. You see what I mean? And he could bridge that.
Bruce: He could bridge cultures.
Hunter: Yeah, and that was probably his greatest single contribution. And I'd like to feel that somehow I've been able to do that. I've worked with people of all kinds, what I have seen is a common humanity. I can't escape that, it would be impossible for me even to hate people. I certainly couldn't hate on the basis of race. I'm not sure I could hate anyway. And I sense that you're very much in that mold.
Bruce: And the reason you're stressing everybody work together was that there was an element of some Black power advocates who said whites should not be involved in the Civil Rights Movement.
Hunter: That's right, yeah, which made no sense, particularly if those so-called whites had risked their lives. In my case, it's kind of an interesting situation, with a white parent and an Indian parent. In that sense, I'm half and half. I move back and forth and all sorts of things. You know, I could go to the Navajo reservation and fit in very nicely. A lot of people know me. I could go here, I could go there.
So I've got a white side and an Indian side. If you have to ask where does the loyalty go, I'd say the ultimate loyalty goes to the human race, but probably the immediate loyalty goes to the Native side. In other words, I stand with the Indians. But I'm also quite aware that there have always been plenty of people who helped Indian people who haven't been Indians. "
http://hunterbear.org/HUNTER%20BEAR%20INTERVIEW%20CRMV.htm
So I, and certainly other Native people, will keep at it in our own way. But Ray Cook has stated something very important -- candidly and honorably.
Non-Indians, and especially Anglo Americans, should listen carefully to what he and other Natives of like mind are saying.
And then they should act constructively -- and soon.
In Solidarity,
Hunter Bear
-----
_______writes:
This is not what I see him saying, though. If that is what he
were saying, I would agree with him.
He starts out with a falsehood--that the occupations are only about the
distribution of wealth and income.
His story then does not consider what I consider to be a reasonable goal
to hope for--that these kids can start the process of healing the earth.
-------
NATIVE AMERICANS AND THE NEW CENTURY: TWO NEW ARTICLES FOR STRUGGLE, ORGANIZING, FIGHTING, AND VICTORY [HUNTER GRAY/HUNTER BEAR SPRING 2002]
UPDATED A NUMBER OF TIMES WITH NATIVE-RELATED MATERIAL - HUNTER BEAR
ADDED NOTE: 2/23/05:
The main purpose of my posting this is to gently imply that non-Indians
should never, and can never, hope to become Experts-on-Natives on a quickie
basis. [There is a lot of strange stuff floating about, especially these
days.] That awareness and intricate cognizance can certainly never come
quickly. If you aren't fortunate enough to be Born Indian and raised in and
around the particular Native culture or cultures, it's all going to take a
good deal of conscious exposure to Natives and much careful listening. This
doesn't preclude immediate support of deserving Native causes [Indians very
frequently can use and appreciate solid non-Indian support], but it does
mean -- move carefully, respectfully, and, again, listen. To sharpen this a
bit, simply because one has moved intricately in mainline United States Left
organizations, doesn't mean Any of That radical sociology can apply to
Native tribes and urban Indian communities. For example, despite factional
currents, there is a very basic unity among almost all Indian people that
doesn't, say, exist in an internally inflamed or even moderately dichotomous
radical organization. Tribal nations are basically classless and communalism
is strong. The ethos of a tribal culture focuses on serving one's
community, not one's self. [See, if you are interested, these joined pieces
of mine -- especially Native Peoples and the Left [published in Dialogue and
Initiative, CCDS.]
http://www.hunterbear.org/nativeamericans.htm
Hunter Gray [Hunter Bear]
NATIVE AMERICAN STRUGGLE: ONE CENTURY INTO ANOTHER has now been published in the Spring 2002 issue of DEMOCRATIC LEFT -- official journal of Democratic Socialists of America[DSA]. On April 20, 2002, Portside [the news service of Committees of Correspondence for Democracy and Socialism] published and sent it to about 4,300 recipients.
NATIVE AMERICAN STRUGGLE has also been published [9/9/02] on the website of the Anti-Racism Commission [DSA], Our Struggle/Nuestra Lucha http://dsausa.org/antiracism/editorials/editorials.html
NATIVES, ISSUES AND RADICALS has appeared as NATIVE PEOPLES AND THE LEFT in the Spring 2002 issue of DIALOGUE AND INITIATIVE -- official journal of Committees of Correspondence for Socialism and Democracy [CCDS].
NATIVE AMERICAN STRUGGLE: ONE CENTURY INTO ANOTHER [HUNTER GRAY / HUNTER BEAR]
I come out of a racially and culturally mixed background. My father was an essentially full-blooded Indian [Micmac/St. Francis Abenaki/ St. Regis Mohawk] and my mother was an Anglo from an old Western American frontier family. Our identity has always been on the Native side. I grew up in Northern Arizona and Northwestern New Mexico where our family was extensively involved in Southwestern social justice campaigns and has always had a very close involvement with the regional Indian nations.
I state categorically that, while certainly very cognizant of the broad, multi-victim effects of racism and cultural ethnocentrism and all of the other poisonously anti-people knifing isms -- and, very much aware also of all vitally necessary human rights activism and movement on those critical fronts -- I have always seen the social class dichotomy and its interactive dynamic of struggle as the only fundamentally enduring -- long haul -- river of progress. The one area of exception in this hemisphere, both conventional and unique, are the Native tribal nations where the basically classless social structures and the essentially communalistic cultures -- generally land-based and, in the United States and Canada, usually treaty-fortified -- continue to command the primary national identification/commitment of the Native people. This deeply rooted distinctive situation may not always be obvious to non-Indians, but the primary identification with ones tribal nation and the continuation of the respective tribes traditional structures and its basic culture do stand as a very enduring reality.
But every Native nation, whatever the particular
nature of its geographical proximity to the mainline and essentially dominant society, is
directly and consistently and adversely affected by capitalism and all its works. And
increasing numbers of Indian people, while always maintaining their fundamental place and
bond within their respective tribe, are being drawn out and onto the rough and rocky trail
of the workingclass.
The interests of these consistently exploited and repressed Native nations -- with their people -- certainly fall out on the side of all of the other dispossessed. The really meaningful self-determination of Native people, genuine respect for Native cultures, the effective protection of Native land and water and other resources, and the maximum well-being of the Native people, will certainly be very strongly enhanced in a democratic and genuinely socialist context.
Almost 80 million Native people have died in the
Western Hemisphere as a result of the European incursion. In addition, Euro-American
governments, especially that of the United States, have made every effort -- quite
unsuccessfully -- to assimilate Indians in the socio-cultural sense.
The U.S. census of 2000 indicates that 2.4 million
people identified themselves as Native Americans: up 25% since 1990. This is a clear and
unequivocal statement of basic Indian identity -- although almost all of these would be of
some mixed [ Native and non-Native] ancestry, a very common situation throughout Indian
country in this day and age. [In addition, slightly over four million other people
indicated some Indian ancestry -- but this category is not accepted by many Native people
as indicative of basic Native identity.]
There are almost 600 tribal societies in the United States which are rightly perceived by their members, though not by most Anglos, as sovereign nations. About two-thirds of our people are from Federally-recognized tribes, covered by treaties and/or other special Federal ties, and hold about 55 million acres of reservation land. Also, 40 million acres have been set aside for Alaskan Natives under the Alaska Native Claims Settlement Act of 1971. If physically resident on their Indian lands, Federal Indians are eligible for Indian trust services [such as they are]: health, education, welfare, socio-economic development, criminal justice. Mostly in the East, the other one-third, through historical and social circumstances, are not Federal Indians, receive no special services from that perspective, and in most cases have no reservation land. In a few instances, they may receive minimal Indian services from the state in which they reside. Urban Indians -- more than half of all U.S. Native Americans -- receive virtually no Federal Indian services, even if they are from Federally-recognized tribes.
Despite several centuries of physical genocide, forced removal and relocation, and attempted socio-cultural genocide [all of this designed to secure remaining Indian land and resources]; despite racism and cultural ethnocentrism; despite the pressure of the urban/industrial juggernaut, so many of whose values run counter to those of the Indians; despite mixed-blood and bi-culturalism -- Indian tribal nations, Indian cultures, and Indian people are very much around. The commitment to a cohesive family and clan, to ones tribe [essentially one big family], remain strong as do the basic values inherent in tribal cultures: strongly religious; a pervasive identification with the whole Creation; no coincidence or happen-chance in the Universe; an essentially communalistic view of land use; democracy; egalitarianism; classlessness. And, very much under-girding and pervading the ethos of all tribal cultures is the ancient and enduring principle of tribal -- or mutual -- responsibility: i.e., the tribe has an obligation to the individual and the individual has an obligation to the tribe; if these two conflict, the tribal perspective prevails; but there are always clearly defined areas of individual and family autonomy into which the tribe cannot intrude.
Euro-American theft of Native land and disruption of the traditional tribal economies, coupled with consistent governmental failure to live up to solemn treaty obligations [part of the Supreme Law of the Land], created a perpetual economic depression for Indian people long before the Industrial Revolution. As a people, Native Americans have been consistently characterized by the highest unemployment and the worst economic deprivation, the poorest health conditions and the lowest life expectancy. The great social upheavals of the 1960s, which had numerous Indian ramifications -- Wounded Knee in 1973 and many other examples -- saw some promising legislation and hopeful policy trends. But beginning with Reagan and the cruel forces around and behind him, much of this slowed, dried up. Although there has since been spotty progress on a few fronts, the promising momentum of more than a generation ago has not -- in the context of continued minimal appropriations and budget cuts -- returned.
The relatively recent development of casinos -- over three hundred of them -- in Indian country is often seen by outsiders as much more of a positive and beneficent economic phenomenon than they are; the cold reality is that, while the casinos have helped the economic picture of the tribes involved to some extent -- but not all that much -- they have also engendered no small amount of corruption, skim-offs from outsiders, and much venomous intra-tribal factionalism. In addition, since tribes are not covered by Federal labor laws, its been very difficult for almost all tribal casino employees to unionize -- and pay and conditions are often extremely poor. And, further, however slowly, the states themselves are beginning their own legalization of non-Indian casino gambling.
Whether Federally-recognized or not, reservation or urban, the Native American situation is characterized by severe economic marginality and frequently outright desperation. Unemployment on the reservations, always high, is now -- depending on the particular setting and circumstance -- between 50% and 90 %. Urban Indian unemployment stands between 50% and 60 % -- with many additional people working only part-time at odd jobs and day labor. The average life expectancy for an Indian person is, depending on whichever of the current estimates, 6 to 10 years below that of other Americans -- with the Native health situation marked by, among other things, the highest diabetes, tuberculosis, alcoholism, and suicide rates in the U.S. The death rate for Native people via alcoholism is seven times the national average. And alcohol also frequently figures into the extremely high Indian suicide rate which is almost 75% above that of all other races -- and 2-3 times higher than the national average for Native males in the 15-34 age range.
To some extent, the extremely deplorable Native situation is part of the overall commission/omission campaign against Americans of the fewest alternatives. But in the case of the tribes on some western reservations, the special motivation is obviously to force these tribes, whose land includes very substantial energy resources, into collaboration with the thoroughly exploitative oil and mining corporations. This tactic has old roots. A half century ago, the generally Eastern-owned oil and mining corporations, utilizing their considerable influence with the ever-obliging U.S. Department of Interior [which contains the Bureau of Indian Affairs -- committed in theory and only partially in fact to the protection of the interests of the Federally-recognized Native people], began to systematically maneuver their way onto Indian lands. As the 1950s progressed, the corporations -- whose royalties to the Indians have been modest at best [even despite the more recently-secured tribal right of taxation of non-Indian, on-reservation business enterprises] -- entrenched themselves in Indian country with uranium as a major target. They mushroomed like the clouds produced by their explosive offspring at Desert Rock, Nevada, a prime nuclear site -- whose peace-keeping activities were officially proclaimed around the globe with as much vigor as the solemn assurances given the curious but uneasy local residents. The fall-out from Desert Rock, eventually leaving a trail of death in Northern Arizona and the southern portions of Nevada and Utah, has affected Anglo, Indian, Chicano; and has struck down rancher, farmer, soldier, herdsman, hunter, and worker. This particular situation and the great anger emanating from it has never been really publicized.
Much less known nationally, always, has been the predominately Native situation on and immediately adjacent to the reservations. Many, many hundreds of Indian uranium workers -- mostly Navajo, as well as some Laguna tribesman in north central New Mexico -- have now died because of both the inherently and insidiously destructive nature of uranium and the corporations lack of meaningful safety procedures. Given the remoteness of much of the Navajo country especially -- it is bigger than the state of West Virginia with relatively few roads -- it is likely that the death count is considerably higher than any formal records indicate.
Most of these deaths have been from lung and stomach cancer -- unknown among the Indians until uranium mining began -- and now called the sores that will not heal. Some authorities predict that virtually all of the Native [and other workers] involved in uranium mining, milling and refining will eventually die from those or closely related causes. The very air over much reservation land has been poisoned by uranium and other energy industries. The random dumping of uranium wastes has produced dangerously high radioactivity levels in Indian water supplies -- killing people, livestock, and wildlife. The life-span of uraniums ghost dance spirit ensures that this multi-faceted ghoulish legacy will last for several thousand years. In related catastrophes, coal mining carves the earth and erodes most lungs; hard-rock metal mining gnaws all lungs and vitals and its smelters and refineries destroy any vegetation.
Meanwhile, despite the profound contradictions and spasms within the capitalist economic system, the expansion efforts of the mining and other resource corporations continue. Increasing Native opposition to this deadly incursion has mounted steadily with some people feeling that resource development should be very carefully done under the communalistic auspices of the tribes themselves and others being against any mining whatsoever.
And, in the waning days of the already blood-dimmed 20th Century, a new front opened: The Federal government began pressing many tribes -- with great intensity -- to serve as dumping grounds for deadly nuclear waste. This is being resisted by Native people and their allies with rapidly mounting and sharply increasing vigor and militancy.
From Native American perspectives, these basic issues stand very much to the fore -- issue/goals which warrant the full support of every person of good will and certainly every person of the Left:
Federal adherence to treaty and related obligations. Treaties between the United States and the Indian nations are, however occasionally mangled by the Federal government, part of the Supreme Law of the Land -- completely in the context of Article 6, Section 2 of the U.S. Constitution. Although Congress ended treaty making with the tribal nations in 1871, the hundreds of treaties then in existence continue with full legal validity.
Federal protection of Native land, water, and other natural resources -- and substantial Federal funding to build back the badly shrunken reservation land base.
Federal recognition of the non-Federal tribes. This was supposed to have been effected by the 1921 Snyder Act which guaranteed Federal Indian services to all Native Americans in the U.S. -- but the Acts coverage and Indian services were restricted immediately to only those Federally-recognized Indian people resident on reservations.
Removal of the Bureau of Indian Affairs from the Department of Interior [perennially dominated by the corporations] and its elevation to cabinet status. The B.I.A. is presently under very heavy fire from the tribes and their advocates for massive mismanagement of Native trust funds and the mishandling of other trust responsibilities.
Substantial Federal funds for Indian-controlled and Indian-directed programs -- in the areas of health, welfare and education, among others -- on reservations, in non-reservation rural settings, and in urban areas. The 1975 Indian Self-Determination Act involving Federal reservations is a promising first step.
Substantial Federal funding for tribally-owned and tribally-controlled development of natural resources and other economic programs.
Correction and reinterpretation of the 1988 Indian Gaming Act in such a fashion as to allow tribes to operate their casinos without non-tribal -- e.g., state -- interference. As it stands, the Act and a subsequent 1996 Supreme Court decision [Seminole], force tribes to reach agreements with states, thus undercutting Worcester v. Georgia [1832], the key [Cherokee Nation] case blocking state jurisdiction over Indian tribes.
Establishment of full tribal civil and criminal jurisdiction on Indian lands. Most of this is now held by the Federal government.
Cessation of Federal and state attacks on Native activists and immediate freedom for persons such as Leonard Peltier.
Elimination of racism and cultural ethnocentrism wherever they may exist. These are critical issues for Native people in any setting but are frequently -- and often brutally -- to the fore in police, employment, housing, and education situations involving urban Indians.
None of these, and other necessary measures, will come into existence easily. The enemies of the Native American people are many indeed: the corporations, much of the national government regardless of administration, state governments almost totally, and a plethora of Anglo back-lash organizations. These latter are essentially racist groups [mostly but not exclusively in the West] which seek to end the Federal obligation to the Indian tribes and, as examples, prevent anything which would be, from an Indian standpoint, relatively successful land-claims settlements -- as well as ending the protection of treaty-based Native hunting and fishing rights. And, in the final analysis, the basic goals of all of the enemies of the Indian people are -- as always through the bloody, genocidal centuries -- Native land, Native water, Native natural resources.
Like all humankind, Native Americans have resisted tyranny and exploitation. Crushed militarily, resistance has continued to the present moment -- and will certainly continue all the way through: Pan-Indian [inter-tribal efforts] which began in the very early 20th Century; mounting and increasingly creative litigation thrusts; militant grassroots protests -- e.g., anti-river dam campaigns in the 40s and 50s, fishing rights campaigns from the 60s onward, Wounded Knee in 73, continuing anti-uranium and anti-nuclear movements, and much more.
Although most Native Americans were not granted citizenship until 1924, the right to actually register and vote remained generally very much inhibited -- via terror and fear, literacy tests and related devices, and even some state laws explicitly preventing Native voting in state and local elections -- until the passage of the Voting Rights Act in 1965. This opened the door to widespread Native voter registration and political action. However, there is still much Indian wariness of voting in the white mans elections and, other than a few geographical areas -- most notably parts of Alaska, Arizona, New Mexico, and South Dakota -- the Indian vote in state and Federal elections is often relatively small. And it is generally hard for any Indian candidate to draw much Anglo support. The Democratic party has more Native support than the Republican -- but most Indians are not especially enthusiastic about either.
What about socialism and related radicalisms?
Both the Industrial Workers of the World in the 1910s and 1920s [its martyred Cherokee executive board member and organizer, Frank H. Little, lynched at Butte in 1917, should always be well remembered]; and its radical relative, the International Union of Mine, Mill and Smelter Workers [Mine-Mill] in the Rocky Mountains following World War II did have very substantial grassroots Indian involvement. Significantly, each of these visionary organizations was characterized by minimally rigid ideology, a vigorously democratic ethos, and an extremely strong and tangible commitment to full rights for all minorities.
But, frankly, there really hasnt been much effort on the part of American radical organizations to do more than pay lip service to Indian rights. Too often when theyve tried to do more, theyve failed to understand [or even try to understand] the uniqueness of the Native aboriginal/legal situation as well as the primary commitment to tribe and tribal culture and overall Indian identity. Some non-Indian radicals and reformers [not all by any means] impress Native people as being too similar to the wrong kind of Christian missionaries: ethnocentric and dogmatic, self-righteous, and sweetly conniving. Indians need dependable and supportive non-Indian allies.
In fairness, it has to be conceded that Indian people are sometimes too reluctant to listen to worthwhile ideas if they come from non-Indians and are frequently too wary of entering into association with them. Many fear that alien ideas and associations could somehow threaten ones aboriginal identity. Growing numbers of Native people, however, are becoming aware that that essential of tribalism -- an injury to one is an injury to all -- has to be extended to the dispossessed of all humanity and that loss of socio-cultural identity will not occur in the framework of healthy political association and coalition. The multi-ethnic anti-nuclear direct action groups, involving many Indians especially in the West, represent a significant step -- as does the consistently on-going inter-tribal and multi-racial international effort to secure freedom and life for Leonard Peltier. The Nader/LaDuke 2000 campaign did stimulate significant Indian interest and support since it conveyed clear empathy with the Native situation and Winona LaDuke is, of course, a Minnesota Ojibway.
Non-Indians certainly need Indian allies. Whether radicals or reformers, the non-Indians ought to be aware by now that it takes much more than mechanical arrangements and presumably altruistic politicians to build and maintain bona fide humanistic socio-economic democracy -- especially in a predominately urban/industrial context. They can learn much from the First People about faithful commitment to economic communalism, to equalitarian democracy and classless societies, to a practical recognition of the spiritual foundations and interdependence of every component of the Creation -- and to a very fundamental ethos which, despite all of the surrounding temptations and vicissitudes, continues to produce far more Native people whose primary commitment is that of serving their communities rather than simply serving themselves. All of this should be of considerable help in steering through the political, social and technological storms now sweeping across our country and the world from the Four Directions.
Mini-bio information:
Hunter Gray [Hunter Bear], who presently lives and works in Idaho, has been active in Native rights, radical unionism, and civil rights since the mid-1950s: full-time organizing and part-time teaching and full-time organizing and full-time teaching. He is the author of Jackson, Mississippi: An American Chronicle of Struggle and Schism [under the name John R. Salter, Jr.] and numerous articles on social justice. E-mail:
NATIVES, ISSUES, AND RADICALS [HUNTER GRAY / HUNTER BEAR]
My father was an essentially full-blooded Native American [Micmac, St. Francis Abenaki, and St. Regis Mohawk] and my mother an Anglo from old Western American stock. I grew up in a rough and racist quasi-frontier setting in Northern Arizona. Our identity lies on the Indian side of our family -- which has been closely involved with many Native nations -- and Ive been privileged to work congenially, as a grassroots social justice organizer and college/university teacher, with people from a wide range of ethnic backgrounds in many parts of this country. I was in my teens when I began to read radical literature -- ranging from the I.W.W. Preamble to the Communist Manifesto and Granville Hicks John Reed: The Making of a Revolutionary. Aware from the outset that this all meshed congenially with that ethos of communalism and mutual responsibility inherent in every Native tribal culture, I became a life-long socialist.
I vigorously believe that Native Americans are certainly part of that great world which needs bona fide socialist democracy -- something that offers Humanity much, much more of the good things of life than capitalism ever could or would. But only a relatively few Native Americans in the United States are avowed people of the Left. Why? Let me give some thoughts -- and let me make some suggestions.
Im the first to concede that Indian people are often too reluctant to listen to worthwhile ideas if they come from non-Indians and are frequently too wary of entering into association with them. Many Native people fear that alien ideas and associations could somehow threaten ones aboriginal identity. But there are grounds for optimism: slowly growing numbers of Native people are becoming aware that that essential of tribalism -- an injury to one is an injury to all -- has to be extended to the dispossessed of all humanity and that loss of socio-cultural identity will not occur in the framework of healthy political association and coalition [e.g., the anti-nuclear struggle or the fight for Leonard Peltiers life and liberty.]
And non-Native radicals ought to be aware by now that it takes much more than mechanical arrangements and presumably altruistic politicians to build and maintain genuine humanistic socio-economic democracy -- especially in a predominately urban/industrial context. They can learn much from the First People about faithful commitment to economic communalism, to equalitarian democracy and classless societies, and to a practical recognition of the spiritual foundations and interdependence of every component of the Creation.
The U.S. census of 2000 indicates that 2.4 million people identified themselves as Native Americans: up 25% since 1990. This is a clear and unequivocal statement of basic Indian identity -- although almost all of these would be of some mixed [ Native and non-Native] ancestry, a very common situation throughout Indian country in this day and age. [In addition, slightly over four million other people indicated some Indian ancestry -- but this category is not accepted by many Native people as indicative of basic Native identity.]
There are almost 600 tribal societies in the United States, each perceived by its people [though not by Federal and state governments] as a sovereign entity; more than two-thirds of Native people are from Federally-recognized tribes, covered by treaties or other Federal ties, and hold about 55 million acres of reservation land. [An additional 40 million acres have been set aside for Alaskan Natives.] If physically resident on their Indian lands, Federal Indians are eligible for Indian trust services [such as they are]: health, education, socio-economic development. Non-Federal Indians, mostly in the East, receive no Federal Indian services and often have little or no reservation land base. In a few instances, they may receive minimal Indian services from the state in which they reside. Urban Indians, and Native people in off-reservation rural settings -- and these are now much more than one-half the total Native population in the United States -- receive no Federal Indian services, even if they are from Federally-recognized tribes.
The Native American population in the United States may be changing -- indeed, is growing with rapidity -- but some other things are certainly not changing. Indian people are at the bottom when it comes to education and income and housing and life-expectancy -- and theyre at the top in unemployment, sub-employment, and suicide.
The development of casinos -- over three hundred of them -- in Indian country is often seen by outsiders as much more of a positive and beneficent economic phenomenon than they are; the cold reality is that, while the casinos have helped the economic picture of the tribes involved to some extent -- but not all that much -- they have also engendered no small amount of corruption, skim-offs from outsiders, and much venomous intra-tribal factionalism. In addition, since tribes are not covered by Federal labor laws, its been very difficult for almost all tribal casino employees to unionize -- and pay and conditions are often extremely poor. And, further, however slowly, the states themselves are beginning their own legalization of non-Indian casino gambling.
Something else that has certainly not changed is the fact that, despite transitory periods of faint sunlight, the enduring common denominator of United States [and Canadian] Native policy is -- however veiled -- to get rid of Native people via socio-cultural assimilation; end all treaty obligations; and secure remaining Native land, water, and other natural resources.
And again, there is another unchanging dimension: that mountain of Native commitment -- of all Native people, whoever and wherever -- to a cohesive family and clan, to ones tribal nation [essentially one big family] and to its inherent sovereignty and self-determination; and to the critical values so deeply rooted in the tribal cultures: strongly religious, a pervasive identification with the whole Creation, no coincidence or happen-chance in the Universe, an essentially communalistic view of land use, democracy, egalitarianism, classlessness. And all of this is in the context of the fundamental principle of tribal [mutual] responsibility: i.e., the society has an obligation to the individual and the individual has an obligation to the society; if these conflict, the position of the society prevails -- but there are certain clearly defined areas of individual and family autonomy into which the society -- the tribe -- cannot intrude.
And from Native American perspectives, these basic issues stand very much to the fore -- issue/goals which warrant the full support of every person of good will and certainly every person of the Left:
Federal adherence to treaty and related obligations. Treaties between the United States and the Indian nations are, however occasionally mangled by the Federal government, part of the Supreme Law of the Land -- completely in the context of Article 6, Section 2 of the U.S. Constitution. Although Congress ended treaty making with the tribal nations in 1871, the hundreds of treaties then in existence continue with full legal validity.
Federal protection of Native land, water, and other natural resources -- and substantial Federal funding to build back the badly shrunken reservation land base.
Federal recognition of the non-Federal tribes. This was supposed to have been effected by the 1921 Snyder Act which guaranteed Federal Indian services to all Native Americans in the U.S. -- but the Acts coverage and Indian services were restricted immediately to only those Federally-recognized Indian people resident on reservations.
Removal of the Bureau of Indian Affairs from the Department of Interior [perennially dominated by the corporations] and its elevation to cabinet status. The B.I.A. is presently under very heavy fire from the tribes and their advocates for massive mismanagement of Native trust funds and the mishandling of other trust responsibilities.
Substantial Federal funds for Indian-controlled and Indian-directed programs -- in the areas of health, welfare and education, among others -- on reservations, in non-reservation rural settings, and in urban areas. The 1975 Indian Self-Determination Act involving Federal reservations is a promising first step.
Substantial Federal funding for tribally-owned and tribally-controlled development of natural resources and other economic programs.
Correction and reinterpretation of the 1988 Indian Gaming Act in such a fashion as to allow tribes to operate their casinos without non-tribal -- e.g., state -- interference. As it stands, the Act and a subsequent 1996 Supreme Court decision [Seminole], force tribes to reach agreements with states, thus undercutting Worcester v. Georgia [1832], the key [Cherokee Nation] case blocking state jurisdiction over Indian tribes.
Establishment of full tribal civil and criminal jurisdiction on Indian lands. Most of this is now held by the Federal government.
Cessation of Federal and state attacks on Native activists and immediate freedom for persons such as Leonard Peltier.
Elimination of racism and cultural ethnocentrism wherever they may exist. These are critical issues for Native people in any setting but are frequently -- and often brutally -- to the fore in police, employment, housing, and education situations involving urban Indians.
Where do radicals -- the Left -- come into all of this?
First, a revealing little story: Some years ago, in a very tough and very big-city urban context, a situation developed where racist Anglo youth gangs were attacking Native American kids -- and the predominately white police in that particular district were doing virtually nothing about it. We called a public mass meeting and demanded, successfully, that police representatives be present. A large number of people -- Native and non-Native -- came to the basement of a Catholic Church. I chaired the meeting. However turbulently, it moved along through grievances and demands -- and then, suddenly! Two non-Indian radicals arose to harangue -- not the deserving cops -- but each other: over conflicting mini-visions and perceptions of peripheral socialist ideology. With some difficulty and banging of my fist, I ended the escalating oratory and returned the discussion to the matter at hand. And, in due course, we arrived at a functional resolution of the situation -- which the police, however reluctantly, effectively honored. As we were leaving the meeting, a young Native activist asked me, What were those guys yelling at each other about? Some religious thing?
And I could only answer, Pretty much.
And, indeed, the behavior of some non-Indian radicals -- certainly not all by any means -- can easily lend toward a religiously fundamentalist interpretation!
Past relationships between Native Americans and American radical organizations and movements, although not antagonistic, have generally not been close. In the pre-World War I and post-war period, the Industrial Workers of the World, with minimal ideological rigidity and very substantial democracy; and its close relative, the Socialist Party [especially in heavily Native American Oklahoma], did have very meaningful Indian membership and support. [Always remember Frank H. Little, Cherokee Indian, metal miner, Wobbly organizer and chairman of the I.W.W. General Executive Board, mutilated and lynched at Butte on August 1, 1917, by thugs employed by Anaconda Copper.]
And, especially in the Rocky Mountains after World War II, the International Union of Mine, Mill and Smelter Workers [another relative of the old I.W.W.], radical and militant, the epitome of democracy, and thoroughly committed to full racial equality, reached out and attracted many Native metal miners -- who always functioned very comfortably and loyally within Mine-Mill.
But, at the present , there are, sadly, too few Indian people in American radical organizations. The Peltier case has brought some Native activists and non-Indian radicals into quite congenial and determined association. Although hard specific data are almost impossible to come by, local reports from around the United States -- including many coming to me personally, often from former Indian students of mine -- certainly indicate that the Nader/LaDuke campaign stimulated an unusual amount of Native voting activism. I should add that the two old parties each have token Indian figures of sometime conspicuous presence -- the Democrats more than the Republicans -- but neither has attracted a consistently loyal Native American following. Most Indians who actually vote in mainline elections -- not a pervasive pattern at all, but a slowly growing one -- are Democratic. But that partys position on Native issues is only tepidly better than the Republicans. [The Canadian situation is in many respects different than the one in the States. In the central provinces, many decades ago indeed, activists of the well-organized and radical Metis [ off-reserve mixed-blood category] and on-reserve tribal people were much involved in the initial formation of the Cooperative Commonwealth Federation which eventually, in 1961, became the New Democratic Party --of somewhat socialist perspective but presently faltering.]
Even when interested in active participation in U.S. Left organizations, Native people often encounter a kind of indifference. In a recent and probably not atypical situation, younger Anglo radicals became interested in placing a Native activist -- and member -- on that particular socialist organizations national political commission. But other commission members, with profuse apologies, were reluctant to agree to even consider approving compensation for a small part of the Native persons [not an individual of means] transportation from the remote hinterland to New York City -- site of almost all of that groups occasional political commission gatherings. Partial travel compensation for other persons, geographically closer, has always been the general rule. The Native person was never named to the political body.
But I reiterate: We all need each other. And big things usually start with small steps on a strange trail. I think non-Indian radicals need to reach out, in personally affirmative ways, to make contact with Native American people. Without limiting the initial arena exclusively to the urban settings, the cities -- often with Indian people of many tribes represented, and generally characterized by a somewhat greater degree of acculturation -- offer some of the most promising possibilities for mutually productive involvements: urban Indian centers, protest meetings around racial and ethnocentric prejudice and discrimination issues, Native public pow-wows, Native speakers. Opportunities to assist Indian people in good causes will always present themselves -- and, furthermore, well written articles on Native issues are always helpful.
Here now is some very friendly -- comradely -- advice to non-Indian radicals:
Dont see Native Americans as one monolithic group. Although there certainly is a basic Native racial togetherness, remember that there are literally hundreds of distinct tribal nations -- each with its own unique culture and ethos. Recognize, too, that there are many degrees of acculturation [but not assimilation.] Be aware, also, that there are many different factions in any tribe.
And: Not all Indians these days look like Indians. The generally mixed-blood situation has produced many Native people who dont fit the grand old face in the old American nickel. But it certainly doesnt mean they are any less committed to tribe, culture, and race -- and, frequently, militant activism.
Genuinely accept and respect the socio-cultural validity of the tribal societies and cultures. Each has its own origin, vision, history and destiny. Avoid ethnocentric terms like primitive and civilized, recognizing that almost all Native people do not think in traditional western linear terms [are much more circlic/cyclic.] But, although change comes slowly in the Indian cultures, it does come in its own way and, in the last analysis, on the terms of the people. [A pickup truck, used by the Navajo for purely Navajo purposes, is called a Navajo Cadillac.]
Religion pervades -- usually in a non-pretentious and almost always non-sanctimonious fashion -- every Native American culture. Regardless of ones view of religion, it -- or the lack of it -- should be up to the individual. As a life-long working organizer and teacher, I cant think of anything more counter-productive in any setting -- Native or otherwise -- than cutting at someones religious beliefs.
Go rather easy on the intricacies of radical ideology -- especially at the outset of a relationship. Native Americans are going to be much more impressed with a persons individual commitment to people and demonstrated service than they are in ones ability to quote the great socialists. Ive talked socialism to all of my students, Native and non-Native, over many, many years indeed -- and likewise to my organizing constituents -- but I always take it in at a deliberate and steady pace. And this approach builds an understanding in a step-by-step fashion. With Native people, the basic communalism -- the mutual responsibility -- of the tribal cultures is the obvious context in which to discuss socialist vision and practice. And, in due course, therell certainly be many Native people wholl join Left organizations and participate vigorously and effectively within them.
Recognize that Native Americans, like all people, are very much committed to making the decisions that affect them. Self-determination is something Indians hold as critically important.
Dont stereotype. Most sensitive non-Indians are certainly not going to demean Native people. But, on the other hand, dont exalt us, either. People are very much people indeed.
Be a good listener. [The art of listening, to which we all pay lip service, is of course way too rare -- but its within the reach of everyone!] Recognizing that there is a lot of downright hokey stuff floating about, learn all you can about Native Americans: histories and visions, centuries of Euro-American genocide and attempted genocide, massive Anglo theft of land and resources, frequently totalitarian Federally-imposed educational systems visited upon Indian youth, the vicious governmental and corporate efforts to terminate treaties and tribes and people, the great and enduring Native persistence and commitment through all of these blood-dimmed centuries.
Here are a few helpful books:
Ward Churchill, ed., Marxism and Native Americans [Boston: South End Press, 1989.]
Barbara Graymont, ed., Fighting Tuscarora: The Autobiography of Chief Clinton Rickard [Syracuse, New York: Syracuse University Press, 1984.]
Hazel W. Hertzberg, The Search for an American Indian Identity: Modern Pan-Indian Movements [Syracuse, New York: Syracuse University Press, 1971.]
Laurence M. Hauptman, The Iroquois Struggle for Survival: World War II to Red Power [Syracuse, New York: Syracuse University Press, 1986.]
James S. Olson, ed., The Encyclopedia of American Indian Civil Rights [Westport, Connecticut: Greenwood Press, 1997.]
Susan Power, The Grass Dancer [New York: G.P. Putnams Sons, 1994.] [Fiction]
Paul Chaat Smith and Robert Allen Warrior, Like a Hurricane: The Indian Movement from Alcatraz to Wounded Knee [New York: The New Press, 1996.]
Steve Talbot, Roots of Oppression [New York: International Publishers, 1981 and 1985.]
We all need each other. And we can all learn from each other. We all need socialist democracy and a world in which -- to state that essential ideal of Native tribalism -- we develop people who serve their communities rather than simply serve themselves. All of this is as inextricably bound together in our human destiny as fused copper wires.
Hunter Gray 2000 Sandy Lane Pocatello Idaho 83204 --
See also -- for much information:
http://www.hunterbear.org/NATIVE%20ISSUES%20AND%20OTHER%20MATTERS.htm
ADDITIONAL NATIVE-RELATED MATERIAL [HUNTER BEAR]
Although a bit dated, the above pieces are still sound.
There are now many more
tribal casinos than there were when I wrote -- and the Native population in the
'States is now approaching three million. The 2010 census should be interesting
and revealing.
NOTE BY HUNTER BEAR: May 10 2008
The following exemplifies several very troubling dimensions: A specific attack
on Native religious freedom rights, the fact that the now long legacy of
conservative Federal judicial appointments in this country is -- increasingly --
tilting incrementally against Native rights and well-being, and that Federal
Indian law is certainly never static. [I taught that at the university level for
thirteen years.]
And it also points up the fact that the general American public, despite
relatively brief periods of some positive exception, really doesn't give a damn
about Native American concerns. Many never have, unless it's been corporate and
related political interests pursuing their own traditional goals of seizure of
Indian lands and resources -- and in some cases still seeking to eliminate
Native treaty rights altogether [ with"getting the government out of the Indian
business" as the rationale.] Many others of the public assume that the rise of
casinos within some tribal nations has ended the socio-economic concerns of
virtually all Native peoples.
And that, of course, is a tremendous misreading. Tribes have a sovereign right
to launch casinos [although this development has also produced its own set of
problems for those Native nations so involved.] But casino revenues, often
compromised by high legal and public relations costs, and sometimes by outright
"rip-offs" from involvement by outside non-Indians, have generally not been able
to go beyond relatively superficial alleviation of Native material and related
concerns.
Those concerns involve, among others, economic well being [unemployment and
sub-employment on reservations remain very high], genuinely effective health
care, sensitive and quality education, decent housing, egalitarian and effective
criminal justice, much more. The Native suicide rate, especially among certain
younger categories, is the highest in the U.S. And if the foregoing challenges
pervade reservation settings, they are very much found among "urban Indians" --
now a very large component of the overall Native American population -- and who
presently receive little or no Federal Indian services [and none from the
states.]
And there are also a number of non-Federally recognized tribes [this through
historical happenchance] who, like the very large Lumbee Nation in North
Carolina, frequently have to struggle for that status [and its attendant Federal
Indian services, such as they are] through a veritable jungle of Kudzu vines and
Kafkaesque bureaucracy.
The basic challenges/goals for Native people and tribal societies have
consistently involved preservation of the tribal nations, preservation of the
specific tribal culture, preservation of land and other resources,
self-determination in the context of maintenance of treaty rights, and expansion
of functional sovereignty.
John McCain, as chair of Senate Indian Affairs, and himself based in Arizona
whose Indian population is quite substantial [and which votes with increasing
frequency], was not oblivious to Native concerns and was, on occasion, helpful.
The Clinton camp, never interested in, nor attuned to those concerns,
occasionally made promises which usually never materialized. Most Native
spokespeople in the 'States and many grassroots Indian individuals now support
Barack Obama.
Well, we'll hope -- and I do think Obama will be significantly more receptive
and helpful. In the end, there are now fortunately many non-Indian friends of
Native people -- effective allies, There are such positive and significant
dimensions of Federal Indian law as the 1975 Indian Self-Determination Act
[which enables tribes to contract for Federal Indian services], the 1978
National Indian Child Welfare Act, the 1978 Indian Religious Freedom Act [which
has certainly taken a hit in the attached Northern Arapaho case], and more.
The status of the Native nations is, to use the cliché, Unique. Article 6,
Section 2 of the United States Constitution explicitly includes treaties with
the Indian tribes as part of the "supreme law of the land." However under attack
those treaties frequently are, that basic Rock does remain fixed.
And, as per its treaty obligations, the Federal government clearly has the
responsibility of funding Native services and related dimensions far, far beyond
that which it has in the past and is currently doing. And, again, this has to
include the generally ignored but very large urban Indian population.
And so the good will and the sensitively and supportive moral and tangible
support of All continue to be solicited by the Native tribal nations and people
-- who will always, you may be assured, Keep Fighting.
Yours, Hunter
Court orders American Indian to trial for shooting eagle [via FindLaw] 5/09/08
By BEN NEARY Associated Press Writer
CHEYENNE, Wyo. (AP) - An American Indian who shot a bald eagle for use in a
tribal religious ceremony must stand trial, a federal appeals court has ruled.
A three-judge panel of the 10th Circuit Court of Appeals in Denver on Thursday
reversed a 2006 lower court ruling that dismissed a criminal charge against
Winslow Friday, a Northern Arapaho Indian who has acknowledged shooting a bald
eagle in 2005 during the tribe's Sun Dance.
In dismissing the charge, U.S. District Judge William Downes of Wyoming said the
federal government has shown "callous indifference" to American Indian religious
beliefs. Eagle feathers are a key element of ceremonies of the Northern Arapaho
and many other tribes.
The appeals court ruled that American Indians' religious freedoms are not
violated by federal law protecting eagles or the government's policy requiring
American Indians to get permits to kill the birds.
"Law accommodates religion," the court said in its ruling. "It cannot wholly
exempt religion from the reach of the law."
Friday declined to comment on the court's ruling. If convicted, he faces up to
one year in jail and a $100,000 fine.
Friday's public defender, John T. Carlson, said the ruling "reflects a failure
to grasp the unique nature of the Northern Arapaho religious practice
surrounding the eagle."
Carlson said he and his client haven't decided how to respond to the ruling.
Their options are asking the full appeals court to hear the case, appealing to
the U.S. Supreme Court or allowing the case against Friday to proceed to trial
in Wyoming.
John Powell, spokesman for the U.S. Attorney's Office in Cheyenne, said the
office planned to proceed with the prosecution.
Friday, who's in his early 20s, said last year he didn't know about a federal
program that allows American Indians to apply for permits to kill eagles for
religious purposes. Lawyers representing him and his tribe have argued that the
U.S. Fish and Wildlife Service did its best to keep the program secret and only
grudgingly issued permits.
In his ruling, Downes said it was clear that Friday wouldn't have received a
federal permit to kill an eagle if he had applied for one.
The judge wrote that the Fish and Wildlife Service has encouraged American
Indians to apply to receive eagle parts from a Colorado repository that holds
the remains of birds killed by power lines and other causes. He said the agency
makes no effort to encourage American Indians to apply for permits to kill birds
of their own.
The bald eagle was removed last year from the list of threatened species. It had
been reclassified from endangered to threatened in 1995. However, the species is
still protected under the federal Bald and Golden Eagle Protection Act.
Kathryn E. Kovacs, a lawyer with the U.S. Department of Justice, told the
federal appeals court in arguments in December that Friday had no standing to
argue about shortcomings of the federal permitting process because he never
applied for a permit before killing the eagle.
The appeals court agreed. It also rejected Friday's argument that the federal
Religious Freedom Restitution Act, which prohibits the government from placing
undue burdens on religious practices, should block the federal government from
prosecuting him for killing the eagle.
2008-05-09 10:17:54 GMT
NOTE ON THE ALASKAN NATIVE SITUATION [HUNTER BEAR SEPTEMBER 3 2008]
NOTE BY HUNTER BEAR [SEPTEMBER 4 2008]:
To make the Independence Party dimension more comprehensible, it has to be placed in the context of the waxing and waning [and waxing] Sagebrush Rebellion which seeks privatization of public lands, corporate takeovers of such, and abrogation of Native treaty rights and related agreements. No matter how much this nefarious "crusade" may occasionally wane, it consistently breaks out yet again like a resurgent forest fire.
There are about 200 million acres of public lands -- mostly Federal -- in Alaska. About 40 million other acres are held by Native nations, via the Alaskan Native Claims Settlement Act of 1971. If, in the event, Alaska could effect secession, the public lands would immediately lose their direct and indirect Federally protected status -- and Native lands would be at considerable risk as well. Ultimately, corporate interests already circling the pristine lands of Alaska like vultures and buzzards would land for The Feast.
This scenario is not likely -- in Alaska or in the targeted regions in the continental Western states. But it's not beyond the realm of possibility, at least in the sense of cunningly maneuvered checkerboard land/resource seizures. Good friends and neighbors of ours who are U.S. Bureau of Land Management and United States Forest Service officials keep an eye -- always -- on these things.
And so should we all. [Hunter]
Here is a substantial excerpt from a post of mine on the basic Sagebrush Rebellion thrust and the dangers it poses:
NATIVE LANDS, PUBLIC LANDS, GREEDY CORPORATIONS -- AND THE LATEST INCARNATION OF THE "SAGE BRUSH REBELLION" [Hunter Gray 12/24/01]
Note by Hunter Bear:
NOTE ON NATIVE MIGRATIONS TO THE WESTERN HEMISPHERE VIA THE BERING STRAITS -- WITH A MENTION OF THE SAAMI OR LAPP PEOPLE [HUNTER BEAR DECEMBER 6 2008]
_________________________
The Saami origin lies in Northeastern Asia and, while the people now known as Native Americans moved -- over a long period of time into the Western Hemisphere via the Bering Straits -- the Saami people moved northward into the Arctic over a long period of time as well and eventually into extreme northern Russia, Finland, Norway, Sweden.
__________________________________________
THE SOVEREIGNTY OF THE NATIVE NATIONS IS A CRITICAL NATIVE VALUE [HUNTER BEAR -- JANUARY 31 2009]
Reprinted by Edward Pickersgill in My Town http://www.mytown.ca/hunter/
I do not agree with some of the statements
[on Marxist] presuming that Federal labor laws etc
should be extended into Indian country [with
especial reference to Native casinos].
The sovereignty of the Indian nations is an
extremely critical Native value. It's frequently
under attack in the United States by the Federal and
state governments -- and requires effective Native
vigilance and fight-back at all levels. For this
reason, all of the 600 or so tribal nations, and the
greatest majority -- and maybe virtually all -- of
the Indian people, oppose incursions by state and
Federal governments into the sovereign affairs of
their respective nations. This applies to such
matters as Federal labor laws and regulations [and
any possible state ones as well] -- even when the
motives are, at least ostensibly, the furtherance of
labor unionism. I've found that it's often difficult
for some non-Indian leftists, for example, to grasp
these realities -- since most non-Indians fail to
recognize the unique national status of each Indian
nation and its respective culture. And most
non-Indians don't even know or understand anything
about the vast number of treaties [and some related
agreements] between the Indian nations and United
States which, as per Article 6, Section 2 of the
United States Constitution are considered part of
"the supreme law of the land" -- legally trumping
even Congressional statutes.
From the full sovereignty of the tribal nations
[full control by the tribal nation of its land and
people and affairs] that prevailed for eons until
the European invasion, there has been, via the long
"trail of broken treaties" [broken by the Europeans
and then by the Euro-Americans]
For more on all of this, see
http://hunterbear.org/nativeamericans.htm
What follows is a discussion of tribal/nation
sovereignty with especial focus on the matter of
labor unionism. One of the points I make is that, if
a union seeks to represent, say, workers on tribal
lands -- or, if those workers want a union to
represent them -- this is going to have to be done
within the framework of the respective tribal nation
-- not via outside Federal or state laws.
[Violations of tribal labor laws can be dealt with
in tribal court, or via tribal elections, or via
informal internal means.] And if a union "from the
outside" [as generally the case] is going to
represent workers within the territory of an Indian
nation, then the union is going to have to work hard
to present an effective and appealing case. Among
other things, that means hiring Native organizers
and other staff[ preferably from the tribe involved]
in genuinely meaningful capacities -- and not taking
the presumed "easy route" of seeking advocacy from,
say, the Federal government vis-avis Native tribal
frameworks. Some unions have met this challenge
well, many still haven't.
The Bush administration was no great friend of
Native America -- but many Democrats haven't been,
either. The nature and thrust of the Obama
administration remains to be seen on Native issues
-- and much else.
This is an older article, somewhat updated, but the
issues have not changed.
UNIONS, NATIVES, TRIBAL SOVEREIGNTY
[HUNTER GRAY FEBRUARY 16 2002] UPDATED JUNE 24 2005
"The 10-1 ruling said the pueblo's right-to-work
measure was "clearly an
exercise of sovereign authority over economic
transactions on the
reservation.
Note by Hunter Bear:
This is a very complex -- and sensitive --
situation. I write as a Native
activist who consistently and vigorously supports
labor unionism. I
presently belong to three unions.
Very recently, the Tenth U.S. Circuit Court of
Appeals handed down a ruling
which upholds -- in the context of tribal
sovereignty -- the right of a Native
nation [San Juan Pueblo of New Mexico] to enact and
maintain a right-to-work
law. This relates specifically to workers at a
sawmill on a reservation but
has, many of us feel, very wide ramifications in
Indian Country generally --
and a key economic dimension involved in all of this
could well be workers
in tribally-owned casino operations.
This is a ruling -- in an obviously sad situation --
which virtually all
Native people will support as well as informed and
issues-sensitive
non-Native people.The possible motives of the
leadership of San Juan Pueblo
in this matter quite aside, this general support for
the ruling has nothing
to do with unions. It does involve the absolutely
critical importance for Native Americans in
maintaining what tribal/national sovereignty
remains.
Unions -- effective unions sensitive and committed
to Native concerns -- are
increasingly critical in the Native American worker
context: both on and
off the reservations. The Tenth Circuit ruling and
the collateral
implications pose a substantial challenge to
unionism.
I strongly believe that unions can and must meet the
challenge of effective
organization and vigorous representation of Native
American workers. I
believe that unions will -- but it's going to
require much awareness and
sensitivity on their part with respect to Native
people and societies and
cultures and concerns. Among other things, unions
are going to have learn a
great deal about Native Americans. And the unions
are going to have to hire
Native organizers -- and certainly Native staff from
the respective tribal
setting involved. And more.
First, a little quick background on the matter of
Native tribal sovereignty.
Then, several excerpts from a long letter on Natives
and unions that I've just written to a friend much
involved on behalf of Native rights. Then, I have a
section dealing with a labor union's reaction to a
situation at a North Dakota tribally-owned
manufacturing unit. Finally, a newspaper article on
the background and specific nature of the San Juan
Pueblo ruling.
TRIBAL SOVEREIGNTY:
A Native tribal nation, like all nations, has
inherent
sovereignty. Full sovereignty is the full and
ultimate control by the
tribal nation of its land, its people, and its
affairs. Much sovereignty
has been lost -- however temporarily -- by the
tribal nations in both the
U.S. and Canada but some functional sovereignty does
remain.
Native sovereignty has been badly eroded. In the
United States, the
current situation is referred to as "residual" or
"limited sovereignty" -- a
tribal nation has control over some dimensions but
not over others. The
fight is always to preserve and to expand
sovereignty. Sovereignty, obviously, is power -- and
protection and security -- and critical to
individual and
societal well-being.
A Federally recognized tribe today in the U.S. has
these powers in the
context of "limited" or "residual" sovereignty:
1] Tribes can govern themselves administratively and
judicially -- under
the regulations of the Indian Reorganization Act
[1934] and subject to the
Major Crimes Act [1885], Public Law 280 [1953] and
the Indian Civil Rights
Act [1968.]
2] Tribes can tax their members and tax outside
business enterprises
functioning on the reservation.
3] Tribes can handle domestic relations.
4] Tribes can apportion tribal property [e.g.,
homesites.]
5] Tribes can regulate inheritance.
6] Tribes can determine tribal membership.
Obviously this excludes much from "the full and
ultimate control by the
tribal nation of its land, its people, and its
affairs."
As just an example, let's look at the criminal
justice situation on a
Federal Indian reservation today:
A tribe CAN arrest and prosecute an Indian who
commits misdemeanor-
within the boundaries of the reservation.
A tribe CANNOT arrest and prosecute anyone who
commits felony crimes on its
reservation. In the greatest majority of cases, this
power is held by the
Federal government under the Major Crimes Act of
1885 -- although a
non-Indian to non-Indian felony on a reservation is
turned over to state
officials. In a small minority of cases, however,
Public Law 280 [1953]
gives all felony jurisdiction to the state.
[PL-280, BTW, was part of the infamous "Termination
Package" of the
reactionary 1950s and beyond which included, in
addition to 280, formal
efforts to terminate treaty rights -- and although
this was kept at arm's
length by most tribes and eventually ended and
reversed as policy, played
hell with the Menominee and Klamath and a number of
other affected nations.
Termination efforts included, too, the urban
relocation scheme which
maneuvered tens of thousands of Native people into
the cities with both
"the stick" and "pie in the sky" promises and dumped
them there sans
Federal Indian benefits.]
In 1978, the US Supreme Court issued the Oliphant
decision which prevents
tribes from prosecuting non-Indian offenders on its
reservation.
Immediately following this, I had the interesting
experience of spending a
day discussing OIiphant and its implications at a
special
workshop for Navajo tribal police at Window Rock. [I
handled the Criminal
Justice curriculum at Navajo Community College.] It
was clear that massive
confusion was fast developing and that the only
immediate solution was
cross-deputization of tribal police by state
authorities. [The Navajo Nation
is bigger than the state of West Virginia and, in
this case, Arizona, New
Mexico, Colorado, Utah are involved.] Cross-deputization
in Indian country
generally came to pass quickly, enabling a
cross-deputized tribal police
officer to arrest a non-Indian on the reservation --
but the non-Indian
would have to be turned over to state or Federal
officers. Further, only
rarely was a state cross-deputized tribal officer
able to arrest someone on
state jurisdiction.
If this was not confusing enough, the U.S. Supreme
Court in the 1990 Duro
decision sought to prevent a tribe from arresting
and prosecuting Indians
of other tribes on its reservation! This
fast-developing and completely
bizarre twist led Congress to forthwith pass special
"blocking" legislation
which was made permanent in 1992. Thus Duro has been
effectively nullified.
This has led a great many of us to call for
restoration of full Native civil
and criminal jurisdiction [ jurisdiction over
everyone!] on the
reservations.
The completely tangled criminal justice
jurisdictional situation on Federal
Indian reservations epitomizes the very complex mess
in which most Native
people are caught up today.
For the remainder of this long page,with much more
on all of this -- and some representative
discussion/dialogue
http://www.hunterbear.org/Unions,%20Workers,%20Tribal%20Sovereignty.htm
Hunter Gray / Hunter Bear
DISCUSSION:
Best, Sam
http://www.hunterbear.org/how_each_side_sees_the_other_sid.htm
Coming back to unions, it's much
easier for unions to enter and work in a
reservation setting if the context involves
"outside" corporations -- e.g., Peabody Coal on
the Navajo reservation [and the United Mine
Workers.] But most "business" on reservations is
tribally owned -- again, the very communalistic
context. This holds very true for the casinos
which employ both Indian and often non-Indian
workers. Even here, of course, it could be
possible for unions to eventually play a helpful
role -- If the unions follow some of the
suggestions that I made in my basic piece on all
of this: e.g., unions have to take the time to
learn at least the basics of the respective
tribal culture involved, need to hire tribal
people as meaningful staff, need to talk
honestly with tribal leaders and tribal people
in general, need to move slowly and sensitively,
and not prattle about "Federal labor laws and
regs."
Individual Native persons have played
significant roles in essentially non-Native
social justice endeavors in "mainline America"
or "mainline Canada" -- and many other
Hemispheric settings. And, to some extent, the
reverse has been the case. But I have to say, in
all candor, that only relatively few non-Indians
have supported -- in a culturally sensitive
fashion -- Native causes.
As you know, Sam, I have personally worked in
these situations for my entire life. I like to
think of my "Culture Hero" and ggg/grandfather,
John Gray [Ignace Hatchiorauquasha]
"His unusual ability to deal with the whites
enhanced his stature as an
Iroquois chief. . .he stood out as a gifted
leader of his people, understanding and
following their ways in a manner that would have
been difficult for a white man. . . he not only
explored the wilderness. . .he also helped to
bridge the cultural gap between Indians and
whites during the years of the fur trade, even
though much of the time the Iroquois and white
trappers did not get along together at all well
, and the whites often resented his position on
the Indian side when there were differences in
outlook. More than that, his leadership of the
Iroquois out of Ogden's camp, May 24, 1825,
contributed substantially to the Hudson's Bay
Company adoption of competitive pricing that
limited the expansion of the St. Louis fur trade
in the Oregon country." [Merle Wells, Idaho
State Historical Society, on John Gray]
Anyway, all best, Sam -- on a
cold morning.
Solidarity,
Hunter Gray [Hunter Bear]
And my good friend, David McReynolds, writes:
A RELATED POST: THOUGHTS WHILE AWAITING A FIRE SMOKY SUNRISE [HUNTER GRAY AUGUST 23 2012]
HUNTER GRAY [HUNTER BEAR/JOHN R
SALTER JR] Mi'kmaq /St. Francis
Abenaki/St. Regis Mohawk
Protected by NaŽshdoŽiŽbaŽiŽ
and Ohkwari'