The
website reference I reviewed and found most helpful was the frequently asked
questions about tribal law in relation to US federal law on the US Department
of the Interior Indian Affairs.
The source is that of the US
government, but is regarding law and legal responsibilities of the US as well
as individual tribal rights so there is little bias that could be appreciated.
The first question that was of interest discusses the federal Indian trust
responsibility. This is where the “United States has charges itself with moral
obligations of the highest responsibility and trust toward Indian tribes (FAQ,
n.d.). This represents the obligation that the US Government has assumed in protecting
tribal treaty rights, lands, assets and the relationship between federally
recognized tribes (FAQ, n.d.). The portion that caught my attention was the
moral obligation to the Indian tribes. As we read through Peter Nabokov’s
Native American Testimony there are countless moments in history in which the
US Government took lands belonging to Native Americans disregarding any moral
duty. The picture of the Hidatsa Indian leader George Gillette crying as land
that had belonged to the North Dakota tribes for thousands of years was signed
away for a dam project in the 1930s does not appear to represent the moral commitment
to the Indian people (Nabokov, 1991).
The description of Indian reservations
versus allotted lands references the Indian Reorganization act of 1934 and
attempts to make the differentiation understandable. The Allotted land is
actually lands that are held in trust by the federal government (FAQ, n.d.).
It is interesting to know that the US
no longer makes treaties with Indian tribes since 1871 (FAQ, n.d.). The treaty
and relationship is now between the Indian group and Congressional acts,
Executive Orders and Executive Agreements (FAQ, n.d.).
There are many questions that address
Tribal Government rights and enforcement powers as well as the ability of the
US Government to uphold Federal Law.
Of importance to my paper, I learned
that American Indians and Alaskan natives can access education, health, welfare
and social services if eligible, as well as receive services from the Bureau of
Indian Affairs (FAQ, n.d.).
The questions and answers are clear, but bring up many more questions such as: Why would the Federal Government need to hold any of the Indian lands in trust? Does the government still have control of those lands? Does this include Reservations? Could the Federal Government decide that they want parts of these lands for any reason?
Frequently Asked Questions. (n.d.).
Retrieved July 20, 2016, from http://www.bia.gov/
Nabokov, P. (1991). Native American
testimony: A chronicle of Indian-white relations from prophecy to the present,
1492-1992. New York, NY: Viking.
Thank you for selecting a resource that centers around the Bureau of Indian Affairs and their website. I appreciate you discussing some of the frequently asked questions, but unfortunately I could not access the link you provided. However, I did find the website through Google, and found it easy to use and manipulate through, which is not always the case with Federal Government websites!
ReplyDeleteOn there “Who we Are” tab – I appreciated their mission statement: to “… enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes, and Alaska Natives."”
I also accessed several of the current articles and press releases regarding the agency on their News tab. For example, one of them, on May 13, 2016, was titled New Mexico Attorney General, Bureau of Indian Affairs, Tribal Law Enforcement, Service Providers & Coalition to Stop Violence Against Native Women Work to Combat Human Trafficking on Native American Lands. One of the annual mandatory training course I have to take at my agency is Combatting Human Trafficking, and I was really surprised that this occurred on tribal lands as well. I think I just assumed that reservations are such close knit communities that human trafficking didn’t occur on them. But, as the press release states, human trafficking is modern-day slavery and the perpetrators prey on New Mexico’s most vulnerable populations.
I am sorry the link did not work.
DeleteI saw that same article about human trafficking as well. In my research on the health and welfare of Native Americans I came across some very dismal statistics.
The unemployment rate ranges from 14.4% to 35% in some reservations creating severe problems with poverty (Sarche, 2009). Domestic violence is of particular concern especially between the ages of 12 and 19 where they are more likely to be a victim of a serious violent crime and simple assault than their non-Native peers (Sarche, 2009). There are many risks for these youth as identified by a national survey identifying 30 risk factor behaviors for being involved in a violent crime. The risk behaviors associated in the American Indian and Native Alaskan children included violence, gang involvement, alcohol and drug use, suicide attempts, vandalism, stealing and truancy (Sarche, 2009). Domestic violence is more prevalent in this population, but is not as well documented (Sarche, 2009). The estimate for child abuse and neglect in children in 2002 is 21.7 of 1000 in the American Indian and Native Alaskan population versus 10.7 of 1000 children in the white population (Sarche, 2009).
There is hope in understanding the problem. The author feels that an increased focus on children and first time mothers may help break the chain of violence.
Sarche, M. (2009, June 1). Poverty and Health Disparities for American Indian and Alaska Native Children: Current Knowledge and Future Prospects. Retrieved July 26, 2016, from ncbi.nlm.nih.gov/pmc/articles/PMC2567901/
Those are all great questions. I noticed the same thing as I was reading through Nabokov's testimonies.It seems the U.S. Government has all these moral obligations that looks great on paper.. But as soon as it does not benefit the government, or is an annoyance they just simply ignore it. This may be something I do a little extra research on to see if there has been any recent news involving these lies.
ReplyDeletePerfect!
DeleteThe news I found really did not have any negative statements regarding the Federal Government. I am sure this is because I was on the Bureau of Indian Affairs, a US Government site !
I was initially going to do my review on the same resource. I did end up changing my mind but, I loved the information that it had and couldn't agree with you more about how many more questions did arise after reading the answers. Great post!
ReplyDelete