Dedication

by Indigenous Policy Journal 13. December 2010 19:53

ETHAN BAPTISTE
1977 - 2010

This issue of the Indigenous Policy Journal is dedicated to the memory of Ethan Baptiste. Professor Baptiste was a Traditional Okanagan man who taught at the the University of British Columbia at Okanagan, and at Okanagan University College. He was also a UBC-O PhD student and a member of their Aboriginal Strategic Plan Committee. His home community was the Osoyoos First Nation in British Columbia. Ethan was an inspiration to Okanagan youth, a respected leader in the Okanagan Nation, and the father of three.

Ethan was a 1995 graduate of the Athol Murray College of Notre Dame, a college preparatory boarding school for students in grades 9 to 12. The College is located in the village of Wilcox, Saskatchewan, Canada. The Notre Dame College tribute to Ethan can be found here:

http://www.notredame.sk.ca/all_item.php?id=1652

The Winter 2010-2011 issue of our journal contains his essay, “Dissecting Internal Community Barriers and Subsequent Devaluation of Indigenous Graduates: A Discussion on Stereotypes, Knowledge, Power and Social Space based on an Osoyoos Indian Band experience,” as well as his review of the book, We are All Treaty People, by Roger Epp.

Indigenous Policy Journal Table of Contents (Vol. XXI, No. 3, Winter 2010)

by Indigenous Policy Journal 13. December 2010 17:39

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INDIGENOUS POLICY PLANS FOR 2010-11 - WE INVITE YOUR HELP AND INPUT

We hope that you are having a fine fall. Indigenous Policy journal is available on the web with e-mail notification of new issues at no charge. Indigenous Policy puts out two regular issues a year (Summer and Winter), and since summer 2006, what will now be a fall issue serving as the Proceedings of the Western Social Science Association Meeting American Indian Studies Section. We are seeking additional editors, columnists and commentators for regular issues, and editors or editorial groups for special issues, and short articles for each issue. As IPJ is now a refereed journal, articles are being posted on a different schedule from the rest of the journal. New articles are added to already posted issues, and will reamin up when issues change, until replaced by new articles. Notices go out to our list serve when new issues are posted, and when new articles are posted. To be added to the list to receive e-mail notice of new postings of issues, and new postings of articles, send an e-mail to Seve Sachs: ssachs@earthlink.net.

Jeff Corntassel and colleagues put together a special winter 2002 issue with a focus on “federal recognition and Indian Sovereignty at the turn of the century.” We had a special issue on international Indigenous affairs summer 2004. We invite short articles, reports, announcements and reviews of meetings, media and media, programs and events, and short reports of news, commentary and exchange of views, as well as willingness to put together special issues.

Send us your thoughts and queries about issues and interests and replies can be printed in the next issue and/or made by e-mail. In addition, we will carry Indigenous Studies Network (ISN) news and business so that these pages can be a source of ISN communication and dialoguing in addition to circular letters and annual meetings at APSA. In addition to being the newsletter/journal of the Indigenous Studies Network, we collaborate with the Native American Studies Section of the Western Social Science Association (WSSA) and provide a dialoguing vehicle for all our readers. This is your publication. Please let us know if you would like to see more, additional, different, or less coverage of certain topics, or a different approach or format.

IPJ is a refereed journal. Submissions of articles should go to Phil Bellfy. bellfy@msu.edu, who will send them out for review. Our process is for non-article submissions to go to Steve Sachs, who drafts each regular issue. Unsigned items are by Steve. Paula Mohan, Phil Bellfy, Ignacio Ochoa and Michael (Mickey) Posluns then make editing suggestions to Steve. Thomas Brasdefer puts this Journal on the web.

GUIDE TO SUBMITTING WRITINGS TO IPJ

We most welcome submissions of articles, commentary, news, media notes and announcements in some way relating to American Indian or international Indigenous policy issues, broadly defined. Please send article submissions electronically attached to e-mail to Phil Bellfy, bellfy@msu.edu, who will send them out for review. All non-article submissions (including Research Notes, which usually are non refereed articles) go via e-mail to  Steve Sachs: ssachs@earthlink.net, or on disk, at: 1916 San Pedro, NE, Albuquerque, NM, 87110. If you send writings in Word format, we know we can work with them. We can translate some, but not all other formats into word. If you have notes in your submission, please put them in manually, as end notes as part of the text. Do not use an automated foot/end note system that numbers the notes as you go and put them in a footer. (such automated notes are often lost, and if not, may appear elsewhere in the journal, and not in your article, as several writings are posted together in the same file. The one exception is the Proceedings of the AIS section at the WSSA meeting, in summer issues, where each article is kept in its own file, and it is O.K. to use an automated note system. If you use any tables in a submission, please send a separate file(s) for them, as it is impossible to work with them to put on the web when they are an integral part of a Word text. Some other format/style things are helpful to us, and appreciated, but not an absolute requirement. As we publish in 12 point Times font, with single spacing, and a space between paragraphs, it saves us work if we receive writings that way. Many thanks. We look forward to seeing what you send us.

ISN and IPJ information

http://www.indigenouspolicy.org/ipjblog/page/ISN-2010-11-Coordinating-Council.aspx

Upcoming Events

http://www.indigenouspolicy.org/ipjblog/post/Upcoming-Events-(Winter-2010).aspx

Ongoing Activities

http://www.indigenouspolicy.org/ipjblog/post/Ongoing-Activities.aspx

Indian & Indigenous Developments

Environmental: http://www.indigenouspolicy.org/ipjblog/post/Environmental-Developments.aspx

United States: http://www.indigenouspolicy.org/ipjblog/post/Economic-Developments.aspx

International: http://www.indigenouspolicy.org/ipjblog/post/International-Developments.aspx

Dialoguing

Indigenous women from the regions of North America, Latin America, the Arctic, Caribbean and the Pacific "Declaration for Health, Life & Defense of our Lands Rights and Future Generations"

http://www.indigenouspolicy.org/ipjblog/post/Declaration-for-Health-Life-and-Defense-of-our-Lands-Rights-and-Future-Generations.aspx

David Kimelberg, “Appropriating Native economies: When is enough, enough

http://www.indigenouspolicy.org/ipjblog/post/Appropriating-Native-Economies-When-is-enough-enough.aspx

Research Notes

Thaddieus W. Conner and William A. Taggart, “A Research Note on Indian Gaming In California

http://www.indigenouspolicy.org/ipjblog/post/A-Research-Note-on-Indian-Gaming-In-California-Shifting-Strategies-in-a-Bad-Economy.aspx

Mark Trahant, “The CHCs have arrived and represent the prospect of better funding for Indian health

http://www.indigenouspolicy.org/ipjblog/post/The-CHCs-have-Arrived-and-Represent-the-Prospect-of-Better-Funding-for-Indian-Health.aspx

Mark Trahant, “What will the Indian health system look like? Answers are up to us

http://www.indigenouspolicy.org/ipjblog/post/What-Will-the-Indian-Health-System-Look-Like-Answers-are-Up-to-Us.aspx

Raúl Zibechi, “Bolivia and Ecuador: The State against the Indigenous People

http://www.indigenouspolicy.org/ipjblog/post/Bolivia-and-Ecuador-The-State-Against-the-Indigenous-People.aspx

Articles

As IPJ is now a refereed journal, articles are being posted on a different schedule from the rest of the journal. We  will send out an e-mail announcement when the next set of articles are posted, and can be downloaded as a pdf file. Current articles were posted in December 2010.

Holly A. McKenzie, Carrie Bourassa, Wendee Kubik, Kerrie Strathy, and Betty McKenna

Aboriginal Grandmothers caring for grandchildren: Located in a Policy Gap

http://indigenouspolicy.org/ipjblog/post/Aboriginal-Grandmothers-caring-for-grandchildren-Located-in-a-Policy-Gap.aspx

Jan Lüdert

Habermas Revisited: Indigenous Lifeworld(s) Today

http://indigenouspolicy.org/ipjblog/post/Habermas-Revisited-Indigenous-Lifeworld(s)-Today.aspx

Martin J. Reinhardt and John W. Tippeconnic, III

The Treaty Basis of Michigan Indian Education

http://indigenouspolicy.org/ipjblog/post/The-Treaty-Basis-of-Michigan-Indian-Education.aspx

Ethan Baptiste

Dissecting Internal Community Barriers and Subsequent Devaluation of Indigenous Graduates:
A Discussion on Stereotypes, Knowledge, Power and Social Space based on an Osoyoos Indian Band experience

http://indigenouspolicy.org/ipjblog/post/Dissecting-Internal-Community-Barriers-and-Subsequent-Devaluation-of-Indigenous-Graduates.aspx

Jon Reyhner and Navin Kumar Singh

Cultural genocide in Australia, Canada, New Zealand, and the United States:
The destruction and transformation of Indigenous cultures.

http://indigenouspolicy.org/ipjblog/post/John-Reyhner-Navid-Kuma-Singh-Cultural-genocide-in-Australia-Canada-New-Zealand-and-the-United-States.aspx

Book Review

Ethan Baptiste reviews Roger Epp's We Are All Treaty People.

http://indigenouspolicy.org/ipjblog/post/Book-Review-We-Are-All-Treaty-People.aspx

Media Notes

http://www.indigenouspolicy.org/ipjblog/post/Media-Notes.aspx

Useful Websites

http://www.indigenouspolicy.org/ipjblog/page/Useful-Websites.aspx

Announcements

http://www.indigenouspolicy.org/ipjblog/post/Announcements.aspx

IPJ-XXI(3).pdf (1.75 mb)

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2010 | XXI (3)

Aboriginal Grandmothers caring for grandchildren: Located in a Policy Gap

by Indigenous Policy Journal 11. December 2010 04:54

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Aboriginal Grandmothers caring for grandchildren:
Located in a Policy Gap

Holly A. McKenzie, Carrie Bourassa, Wendee Kubik, Kerrie Strathy, and Betty McKenna

Abstract

This article argues that the Saskatchewan child welfare system is providing fragmented, inconsistent, and insufficient support to Aboriginal Grandmothers caring for grandchildren. This article is based on a Participatory Action Research project grounded in Indigenous epistemologies, which involved Aboriginal Grandmothers caring for grandchildren. Traditionally, child rearing was an expected and well-supported role of Aboriginal Grandmothers. Today the situation is very different. The Aboriginal Grandmothers involved in this project are carrying the responsibility rearing their grandchildren because the parents’ cannot. As a result of colonial policies and practices, in particular the Residential School policy and the ““Sixties Scoop”,” many Aboriginal families are facing situations of crisis and ill health, such as drug or alcohol abuse, domestic abuse, and incarceration. Further, these Aboriginal Grandmothers are not provided with sufficient and consistent financial support from the child welfare system. Community services and supports for Aboriginal Grandmothers are also lacking and those available are often difficult to access. Also, many Grandmothers expressed fear and distrust of the child welfare system and some related experiences where they felt judged or bullied. On November 9th of 2009, the Saskatchewan government announced that they would be conducting an extensive review of the province’s child welfare system. As a part of this review, the Grandmothers caring for grandchildren Support Network took their concerns to the committee. While the report has not been released to the public yet, we hope that this report will lead to policies that better support Aboriginal Grandmothers so that they and their children can access what they need to live a healthy life.

Introduction

Rights of grandmothers are becoming an international concern. In 2001, Jan Hammill writing for the Society for International Development describes a situation among the Indigenous people of Australia that parallels that of the Aboriginal peoples of Canada, namely that “Indigenous Australians have been systematically denied their rights leading to community social and economic breakdown, ill health, violence and drug abuse” (Hammill 2001, 69). Hammill also identifies this erosion of roles and values places great stress on those, mostly the grandmothers, who are left literally “‘holding the baby’” (Hammill 2001, 72). Hammill posits that “the rights of indigenous communities are closely linked to maintaining the health of the grandmothers” and that working with grannies who are the central caregivers of children might also buy time for communities to find ways to regenerate” (Hammill 2001, 69).

Grandmothers are not similarly defined by every culture. In Canada, Grandmothers have a special meaning among Aboriginal peoples. In a special issue of Canadian Woman Studies devoted to honouring their grandmothers, Aboriginal women paid a dedication to Aboriginal grandmothers this way.

These women we call grandmother wouldn’t always be our blood relatives. Some of them wouldn’t necessarily even be biological grandmothers. They were nonetheless traditional teachers who had a great impact on all our lives. (O’Conner et al. 1989)

Child rearing is well documented as an expected role of Canadian Aboriginal Grandmothers (Ahenakew and Wolfard 2000, 209, 241 &243; Anderson 2000, 120-121 & 205). As the quote above implies, Grandmothers are the older First Nations and Métis women who have managed, often with great hardship, to hold onto the old values, traditions, language and skills. It is their role to teach these traditions to the next generation.

Aboriginal grandmothers are few in numbers, but carrying a lot of responsibility. According to the Saskatchewan Women’s Secretariat, “Aboriginal women over the age of 65 represent a very small proportion of the Aboriginal female population – a mere three percent” (Saskatchewan Women's Secretariat 1999, 15). At the same time, more and more Aboriginal Grandmothers are caring for their grandchildren full-time. Between 1991 and 2001, the number of Canadian children living in a grandparent-headed home increased by 20% (Fuller-Thomson 2005, 332). Statistics Canada 1996 data reveals that 17% of grandparent co-resident caregivers were of Aboriginal descent, even though in 1996, Aboriginal peoples comprised less than 3% of the Canadian population (Fuller-Thomson 2005, 332). Further, Aboriginal grandparent caregivers were more likely than non-Aboriginal caregivers to be single and female (Fuller-Thomson 2005, 336). Since Aboriginal Grandmothers are carrying a disproportionate burden of child rearing responsibilities, there are concerns over how caregiving is impacting Grandmothers and how these negative impacts can be mediated.

This article explores the experiences of twelve Aboriginal Grandmothers and two non-Aboriginal Grandmothers caring for Aboriginal grandchildren in the urban centre of Regina, Saskatchewan. These Grandmothers are participants/co-researchers in the Participatory Action Research (PAR) Project Exploring the Health of Aboriginal Grandmothers caring for grandchildren (Saskatchewan Health Research Foundation). Particular attention is paid to how these Grandmothers’ experiences are shaped by past and current governmental policies. It examines the current gaps in child welfare policy as well as how policy could change to better support First Nations and Métis Grandmothers who have taken on the care of their grandchildren.

Assimilation Policies: Residential School and “Sixties Scoop”

As Julia V. Emberly argues, Canadian colonial policies and practices have sought to dismantle Indigenous kinship relations and forms of governance, in turn, replacing them with European (and later white-settler) forms of political governance (Emberly 2007, 5; Bourassa et al. 2004).This was done largely through the regulatory government legislation of the Indian Act, which shifted the private sphere of First Nations families “into a significant site for colonization” of First Nations women and children (Emberly 2007, 5). One of the policies essential to the project of dismantling Indigenous kinship relations was the Residential School.

Integral to the introduction of the Residential School Policy was The Report on Industrial Schools for Indians and Halfbreeds or the Davin Report. This report was developed after Nicolas Flood Davin studied the industrial schools in the United States. Davin conducted a visit to an industrial school in Minnesota, interviewed the Commissioner and some “prominent men” from what Davin refers to as “the five ‘civilized’ nations, the Cherokees, the Chickasaws, the Chocktaws, the Creeks and Seminoles” (Davin 1879, 5).Within his report, Davin cited these men in order to argue, “the chief thing to attend to in dealing with the less civilized or wholly barbarous tribes was to separate the children from the parents” (Davin 1879, 7). However, it’s important to note that the Davin Report viewed the Residential School workers as replacement parents, who would socialize Aboriginal children with white bourgeois values. Indeed, Davin quoted Mr. Meeker as saying “The plan now is to take young children, give them the care of a mother, and have them consistently in hand” (Davin 1879, 12). The “mother” that Meeker is talking about here is the white bourgeois mother. Davin argued that through this separation and the care of the white bourgeois mother (and undoubtedly, the guidance of the white bourgeois father), Aboriginal people would become “civilized” Christian farmers (Davin 1879, 12). Davin’s report along with other colonial writings and policies understood the project of civilization as the replacement of Indigenous kinship systems, spirituality, and social and economic orders with white bourgeois nuclear families, Christianity, patriarchal government structures and agriculture life.

The Davin Report made thirteen recommendations about the administration of industrial boarding schools (Davin 1879, 13-15). In 1892, the federal government and several churches entered into a formal agreement concerning the operation of Residential Schools based largely on this report and its recommendations (Aboriginal Healing Foundation 2008,64). One of these recommendations which stated, “as Bands become more amenable to the restrains of civilization education should be made compulsory” was actualized in 1920, when Deputy Superintendent General of Indian Affairs, Duncan Campbell Scott amended the Indian Act to make attendance of Residential School mandatory for all First Nations children between the ages of seven and fifteen (Kelly 2008, 23).

As the Royal Commission Report on Aboriginal Peoples (RCAP) states, Residential Schools had the single greatest impact on Aboriginal peoples and continue to this day to affect inter-generational individuals, families and communities (Canada RCAP 1996, 35). Residential Schools were a site of cultural genocide; where Aboriginal children were forbidden to speak their traditional languages, as well as practice their spirituality and cultural traditions.1 Further, it was a site of abuse and violence, where Aboriginal children were victims of not just spiritual and cultural abuses, but physical and sexual violations as well (Aboriginal Healing Foundation 2008, i-2; Annett 2002, 12; Emberly 2007, 5; Kelly 2008, 24; Canada RCAP 1996). In addition, Aboriginal children were often malnourished, living in poor, overcrowded conditions, and did not receive the proper medical care rendering them vulnerable to illness and disease (Aboriginal Healing Foundation 2008, 9; Canada RCAP 1996). Approximately 100,000 Aboriginal children attended Residential Schools in Canada and Kevin Annett estimates that 50% of these children died from various illnesses, diseases, and forms of abuse (Annett 2002, 11-12). In 1958, Indian Affairs Regional Inspectors recommended that Residential Schools be abolished (Aboriginal Healing Foundation 2008, 65). In 1969, over ten years later, the Federal government took over the Residential School system from the various churches and began to transfer control of the schools to First Nations, with the last Residential School closing in 1998 (Aboriginal Healing Foundation 2008, 65). These abuses have had intergenerational impacts, affecting not only the survivors (and those who did not survive), but also their children, grandchildren, and great-grandchildren. “These effects may include, and are not limited to, family violence, drug, alcohol, and substance abuse, physical and sexual abuse, loss of parenting skills, and self-destructive behaviour” (Aboriginal Healing Foundation 2006).

At the same time that various churches were still operating Residential Schools, changes to the Indian Act in the 1960s provided social workers with a legal mandate to enter reserves (Richardson and Nelson 2007, 76).Once again, this policy change made First Nations homes the site of colonial intervention. During the 1960s and 70s, social workers apprehended children “by the thousands, in questionable circumstances, with economic incentive rather than neglect or abuse emerging as the motive for removing children from their homes” (Sinclair 2007, 67). Patrick Johnson was the first to use the term “Sixties Scoop” to describe “the mass redirection of Aboriginal children into European-Canadian residences and communities” and adoptive homes in other countries (Richardson and Nelson 2007, 76; Johnston 1983, 23). By 1983, status First Nations children comprised approximately 70% of children in care of the Saskatchewan child welfare system (Bennett et al. 2005, 19). While the “Sixties Scoop” was not an official policy of the government, it did not make it any less traumatic to Aboriginal people. Indeed, RCAP states that:

The removal of Aboriginal children from their own communities through cross-cultural foster placement and adoption is a second major cause of family disruption. Children removed from their families are severed from their roots and grow up not knowing what it is to be Inuit, Métis, or a First Nation member. Yet, they are set apart from their families and communities by visible difference and often made to feel ashamed of their origins. At the same time, their home communities and extended families are robbed of part of the next generation (Canada RCAP 1996, 79)

As the RCAP points out, the impacts of the “Sixties Scoop” on individuals, families and communities are numerous. Christopher Badgely, Loretta Young, and Ann Scully revealed that while most families involved in transracial adoptions have excellent outcomes, Aboriginal and Native American adoptees in North America have extremely poor experiences (Badgely et al. 1993, 86). They suggest that this discrepancy is due to the widespread discrimination and prejudice that Aboriginal children face, which makes it difficult for adoptive parents to foster a positive sense of self, or identity, in their adoptive children (Badgely et al. 1993, 86). Sinclair points out that Badgely’s results are in line with what is “common knowledge among Aboriginal people” noting that “[i]nformally, those involved in the adoption field know that the levels of substance abuse, homelessness, and suicide among adoptees in the last thirty years have been alarming” <(Sinclair 2007, 71). Further, in the aftermath of Residential Schools, the continued mass removal of children from their communities further weakened families and communities. (Manitoba, 1991, chapter 14.)

By the mid-1980s there was a growing awareness of the negative impacts transracial adoptions were having on Aboriginal children (Kimelman et al. 2007, 68).The Manitoba Indian Child Welfare Sub-Committee, Johnston’s report, and Manitoba’s judicial review of Aboriginal adoption raised awareness of the negative impacts the “scoop” was having on individuals, families and communities (Manitoba 1991; Kimelman et al. 2007; Johnston 1983). Policy changes were introduced which further involved First Nations in the child welfare process as stakeholders and First Nations Child and Family Services agencies were established. In 1989, the first tripartite agreement was signed between Federal, Provincial and First Nations governments through which First Nations Child and Family Service Agencies became responsible for child welfare services on First Nations (Domstauder and Macknack 2009, 19). As well, Manitoba introduced a moratorium on Aboriginal cross-cultural adoptions. Other provinces soon followed their example (Sinclair 2007, 68).Sinclair argues that the most negative impact of this moratorium is that it has left the majority of Aboriginal children in care living in long-term foster-home arrangements and institutions (Sinclair 2007, 68).

However, the involvement of the child welfare system in Aboriginal families did not end with the moratorium on Aboriginal cross-cultural adoptions. As a result of colonial policies and practices, in particular the Residential School Policy and the “Sixties Scoop,” there are still more Aboriginal children in care today in Canada then there was during the height of Residential Schools (Blackstock 2008, 165). Indeed, during the 2007-2008 year, Aboriginal children comprised 80% of the Saskatchewan children in care (Saskatchewan MSS 2008, 22).

In order to try to prevent children, particularly Aboriginal children, from entering foster or institutional care Saskatchewan and other provinces require that an extended family or other significant person in the child’s life must be considered first (Alberta Children and Youth Services 2009, 3; Saskatchewan MSS  2010b, Chapters 1 and 4). In 2008-2009, 26.5% of the Saskatchewan children in care were living in an extended-family placement or kinship care arrangement (Saskatchewan MSS 2009, 16). In other cases, if possible, children are placed with a foster family from their cultural background. Similarly, if members of First Nations are taken into care, members of their community play a significant role in the decision-making (Saskatchewan MSS 2010b, 12).Further, eighteen First Nations Child and Family Services agencies now serve seventy-one out of the seventy-four First Nations in Saskatchewan and the Ministry of Social Services serves the other three First Nations (Saskatchewan MSS 2010a). Considering the extremely high number of Aboriginal children in care, these changes to policy and structures are a movement towards decolonizing the child welfare system through the recognition and revaluation of traditional kinship relations, Indigenous culture, and community. However, there is still more work to be done.

Many provinces provide a similar level of support to formal kinship caregivers and foster families as well as provide some level of support to informal kinship caregivers (Alberta 2009, 12). However, in Saskatchewan, formal and some informal kinship caregivers “requiring” maintenance payments receive between $417-470 per month per child and are eligible for the Child Tax Benefit (CTB) and National Child Benefit Supplement (NCBS). This means if the child welfare system deems that the caregivers’ income is high enough that they do not “require” maintenance payments, they don’t receive them. Further, some informal caregivers are not eligible for these maintenance payments. In contrast, all Saskatchewan foster families are provided with between $613-937 per month, but are not eligible for CTB and NCBS (Saskatchewan MSS 2010b, chap. 6, 19; chap 4, 15 & 16B). In Saskatchewan, there are four types of extended-care placements: private arrangement, place of safety, Alternative Care Provider (Saskatchewan’s formal kinship caregiver program), and Persons of Sufficient Interest (PSI) (Saskatchewan MSS 2010b, chap. 4, 5). However, only Alternative Provider, PSI, and place of safety placements are eligible for maintenance payments “if required” (Saskatchewan MSS 2010b, chap. 4, 12, 15 & 16b).Further, special needs of children living in Alternative care, PSI or place of safety households “may be considered” and babysitting and respite care “may also be provided” to Alternative care and PSI households (Saskatchewan MSS 2010b, chap. 12, 15, 16). Due to the recent changes to child welfare policies discussed above, many Aboriginal children who would otherwise be living in foster families are instead living with extended-family members, often Grandmothers. However, Grandmothers and other extended-family caregivers are still not receiving consistent and sufficient levels of support. Indeed, even though they are caring for children who would otherwise be living with foster families, they are not receiving the same financial support.

Grandmothers caring for grandchildren project

The Grandmothers caring for grandchildren research project is an Indigenous research project. That is, Indigenous epistemologies inform and guide the methodology and methods. This involves the recognition that research has been used as a colonial tool against Indigenous peoples globally and in Canada (Smith 1999). One way that research emerged as a part of colonial projects was through policies imposed onto Indigenous peoples lives. According to Linda Tuhiwai Smith, these policies were “legitimated by research,” but “informed more often by ideology” (Smith 1999, 3) Indigenous research has formed in resistance to this colonial history, based in Indigenous peoples “attempts to escape the penetration and surveillance of the [Euro-Western] gaze, while simultaneously reordering, reconstituting, and redefining” Indigenous peoples as peoples and communities (Smith 2005, p. 87, 89). According to Kathy Absolon and Cam Willet, an important part of research with Aboriginal peoples is locating oneself in relation to the community and the research project. They argue that research is never unbiased or value free. Rather, research that claims neutrality or objectivity “is Eurocentric and therefore, unethical” (Absolon and Willet 2005, 107) Location is one part of ensuring that researchers working with Aboriginal peoples are “accountable to the Aboriginal community” (Absolon and Willet 2005, 118). Throughout the research process, we, the researchers, located ourselves in relation to the Grandmothers, as Aboriginal and non-Aboriginal researchers, and as members of different institutions with different life and community roles. Further, we explained that we wanted to do research with the Grandmothers in order to determine the Grandmothers’ needs and advocate for the policy changes and services that would better support them and their families. Locating ourselves was an important part of establishing our relationship with them and with this relationship we, the researchers became accountable to them.

Indigenous research’s focus on disrupting the power relations that are normalized within mainstream research makes it compatible with Participatory Action Research (PAR) methodology. PAR is a research approach interested in social transformation, “shared ownership of research projects, community-based analysis of social problems, and orientation towards community action” (Kemmis and McTaggart 2000, 568). In contrast to the power dynamics of “traditional” academic research, Verna St. Denis argues that “participatory research must attempt to shift the balance of power by involving” the disempowered in generating their own knowledge (St Denis 1992, 55). As such, in PAR, individuals who are often considered “subjects” are instead co-researchers. This PAR project involved Grandmothers, an Anishnabe Elder, academics from First Nations University, the Lifelong Learning Centre, and the University of Regina, along with Aboriginal and non-Aboriginal student research assistants as co-researchers. At the same time, the student and academic researchers did not ignore the power relations that colonial research has imbued all research with. Rather, it was a part of the ongoing dialogue with the Grandmothers and Elder.

Recently, Indigenous researchers have developed (and reclaimed) methodologies, approaches, and methods that “privilege [I]ndigenous knowledges, voices, experiences, reflections, and analyses” (Smith 2005, 87). Similarly, Kovach suggests that Indigenous research will “further broaden the range of methods in research.” (Kovach 2005, 31). Indeed, the methods used to collect and further understand these Grandmothers’ stories were carefully considered. Grandmothers involved were/are members of the Grandmothers Caring for Grandchildren Support Network of Regina, which meets for a talking circle once a month at Four Directions Health Centre in Regina, Saskatchewan. These talking circles provide both support for the grandmothers and a space where they can share their concerns and successes. Rather than holding focus groups during the initial stages of this project, an Elder facilitated Talking Circles in order to gather data about Grandmother’s experiences raising grandchildren. Talking circles were used since it is culturally acceptable for First Nations women. First Nations women traditionally used talking circles to exchange information. In a traditional talking circle, participants typically sit in a circle, pass a sacred object around (such as a stone or feather) and the holder of the sacred object is the one who speaks without any interruptions.

In order to develop a deeper understanding of the Grandmothers’ experiences raising their grandchildren, the student researchers also conducted one-on-one interviews with the Grandmother co-researchers. The interviews explored the Grandmothers’ life situations, their health and stress, as well as the support that is available to them through formal and informal networks (see Appendix).

The interviews were transcribed and analyzed using grounded theory, an intuitive, inductive process (Strauss and Corbin 1998). Three levels of coding, open, axial, and selective, were used. During each stage of coding, how to stay true to the ideas of the Grandmothers co-researchers was considered. During the first part of the coding process, open coding, concepts were identified and properties were recognized using a line-by-line analysis. Following open coding was axial coding when categories were compared to sub-categories with categories providing the axis around which to work (Strauss and Corbin 1998, 101-121). During the third and final step of coding, selective coding analyzed the central categories in order to explore how these categories were related and interconnected as a result, incorporating and refining the emerging theory (Strauss and Corbin 1998, 123-142).Then, the student co-researcher who coded the results met with Grandmothers in order to validate the results and recommendations (Strauss and Corbin 1998, 143-161). This process of validation allowed the Grandmothers to ensure that their experiences were reflected in the results and recommendations of this project.(Mc Taggart 1997, 277) During the coding and validation process, the Grandmothers experiences with the child welfare system emerged as an important theme.

Results: Grandmothers’ experiences with the child welfare system

Unlike traditional Aboriginal communities, where child rearing was an expected and well-supported role of Grandmothers, the Grandmother co-researchers took on caring for their grandchildren because the parents were unable to care for them; due largely to reasons such as a parents’ death, incarceration, drug or alcohol abuse, domestic abuse, child abuse, or neglect. Indeed, as discussed above, Canadian colonial policies and practices, particularly the Residential School policy and the “Sixties Scoop” have had traumatic effects on Aboriginal individuals, families, and communities. These policies and practices have led to the loss of cultural identity, high levels of drug and alcohol abuse, homelessness, incarceration, suicide, domestic abuse, child abuse, and neglect (Sinclair 2007, 71; Aboriginal Healing Foundation 2006, ii; Canada RCAP 1996, , part 2, chap. 10, doc. 4; Manitoba 1991, Chap 14).Therefore, today Grandmothers are caring for their grandchildren at such high rates as a result of colonial policies and practices, in particular, the Residential School Policy and ““Sixties Scoop”.”

In many situations, the child welfare workers asked the Grandmothers to take on the care of their grandchildren. In other situations, the grandchildren or grandchildren’s parents approached the Grandmothers about it. Many times, this was due to crises in the parents’ and grandchildren’s homes. Even though child welfare had not become involved in these situations, it is likely that if the Grandmothers had not intervened, they would have. A few of the grandchildren’s parents and grandchildren had asked their Grandmothers to help raise them for other reasons. According to the Saskatchewan child welfare system’s terminology, the Grandmothers are providing both formal and informal kinship care arrangements, which includes private arrangements, places of safety, Alternative Care Providers and PSI placements. As discussed above, the child welfare system provides different levels of support to these different types of placements, even though the Grandmothers themselves feel like they are caring for their grandchildren in similar situations.

Frustration and Distrust with the Child Welfare System

Many Grandmothers expressed frustration and distrust with the child welfare system. During the interviews, Grandmothers stated that they were frustrated with or distrusted Social Services for a variety of reasons. For instance: the high turnover rate and burnout of social workers, indeed, some Grandmothers related that social workers had bullied or judged them; the history of abuse and neglect of Aboriginal children in foster homes; the punitive policies towards Grandmothers and their family members; as well as the different treatment of Grandmothers caring for grandchildren as opposed to foster families. During one of the interviews, a Grandmother recalled a talk she gave at a local Community Based Organization to a group of people, most who were trying to regain custody of their children from the child welfare system:

“These young workers,” I said, “They get out of university and they get a little bit of authority and they let it go straight to their head and they have you down here and they’re way up here.

After the presentation, she met some young social work students who had been in the audience during her presentation and further explained:

But I-I spoke the truth”. I said, “I was being honest. I’ve been there and I know what its all about, and there’s a lot of [Grandparents and parents] that are having so many problems getting their children back. And I was there and I’ve been through it.

Another Grandmother related:

It’s extremely difficult to work with social services, it was extremely difficult.”

For some Grandmothers this frustration and distrust of social workers and the child welfare system contributed to their passion and determination to care for their grandchildren and keep them out of foster homes and adopted homes. One Grandmother described her sons’ experiences to illustrate why she did not want her grandchildren to go into foster care:

[M]y boys were both physically, emotionally, spiritually and sexually abused in the foster homes while they grew up. My boys came home to me scarred up totally.

Difference in how foster families and Grandmother-headed homes are treated: Lack of Financial Support

As discussed above, even though many Grandmothers are caring for children who would otherwise be living with foster families, Grandmother-headed families do not receive the financial support that foster families do. Further, while some Grandmother co-researchers are receiving the maintenance payments discussed above, other Grandmothers are not even receiving their child tax benefit. One Grandmother spoke about her frustrating experience trying to get financial support once the grandchildren were placed in her care:

I had a letter from child protection that the boys were in my care the other two boys… and that wasn’t good enough for them. And this is the government, she is a social worker. She works for the government, you would like that to be sufficient but it isn’t.

This lack of financial support for Grandmothers is of particular concern, since almost all of the Grandmothers interviewed listed financial concerns as their biggest challenge and stress. One Grandmother stated, “What causes me stress? Money problems, financial problems…” Although almost all Grandmothers experienced financial stress, some Grandmothers spoke about their struggle to fulfill their grandchildren’s basic needs: food, shelter, and clothing.

In addition to these basic needs, many grandchildren need supports to help them deal with the trauma that they have experienced (often before coming into the care of their Grandmother). This often manifests itself as emotional, psychological, and behavioural issues or as cognitive limitations. This trauma can include prenatal exposure to alcohol, experiences of abuse or neglect, as well as the loss of their parents or other loved ones. One Grandmother related her concerns about her grandchild:

Then with my [grandson] I had some real concerns about him, we lost his dad in 2003, his dad froze to death, and he goes through some pretty scary depressions and this last time he really scared me because he was thinking suicide.

While special needs services are provided on a case-by-case basis (Government of Saskatchewan 2010), many of the Grandmothers were not able to access the supports their grandchildren need through the child welfare system. This, paired with the financial stress that Grandmothers are under, often leaves Grandmothers trying to help their grandchildren deal with their trauma without proper services or supports. Other concerns that the Grandmothers had, such as living in unsafe neighborhoods, relates to the lack of financial supports that Grandmothers receive. One Grandmother summarized the frustration that Grandmothers commonly feel towards the child welfare system/Social Services:

I can understand when Social Services is saying, let’s put them in this family-unit first rather than going out into a stranger’s home. Okay, but then help us out as well.

Lack of Access to Services and Supports

Although foster families automatically have access to funding for respite services, transportation services, extracurricular activities, and access to counseling, the same cannot be said for most Grandmothers caring for grandchildren (Government of Saskatchewan 2010). Even though the child welfare policy states that whether respite is funded for Alternate care or PSI caregivers is determined on a case-by-case basis (Government of Saskatchewan 2010), very few Grandmothers were able to access respite or any of the other above services. One Grandmother expressed her frustration at the disparity between foster families and Grandmother-headed homes:

Like foster parents can get respite [childcare] and we can’t, because we were dumb enough to take our own [grandchildren] instead of someone else’s.

Further, when the fourteen Grandmothers were asked about the services for Aboriginal Grandmothers caring for grandchildren, the answer was consistently that “there’s no programming” or services specifically for Grandmothers. In addition, Grandmothers identified their need for a wide range of services including: affordable and safe housing, respite services, counseling services, services for children with behavioural issues and cognitive limitations (depression, anger issues, FASD, ADHD), mentoring programs, social support services, transportation services, parenting skills programming and support. Respite childcare is one service that was consistently brought up by Grandmothers. One Grandmother spoke to the positive effect she thinks that respite childcare would have on her relationship with her grandchildren:

I guess I would [treasure my moments with my grandchildren] more if I had more moments to myself, [if there was] something in the community where you could have a break.

There are not any respite childcare services in Regina that Grandmothers can access. While some of the services listed above are available in the community, often they have long waiting lists making them difficult for the Grandmothers and grandchildren to access. Similarly, a large barrier to Grandmothers accessing services for themselves and their grandchildren is the fragmentation of services and the lack of information about services. The Grandmothers identified that this was especially a problem when they first took on caring for their grandchild.

Negotiating the System: Grandmothers’ Different Experiences

Some Grandmothers approached the Child Welfare System workers asking for more support to meet their needs and their grandchildren’s needs. While some of these Grandmothers negotiated the system successfully, others experienced bullying and bureaucratic re-direction. One Grandmother who eventually successfully negotiated the system suggested to other Grandmothers:

[I]f you can’t get anything out of that, well then go a little bit higher, talk to the supervisor, talk to somebody else and you don’t have to stick with that worker you can ask to be…transferred to somebody else.

However, when Grandmothers experience bullying or bureaucratic re-direction, it can limit their ability to successfully negotiate the system. The intentions of the social workers who are bullying or re-directing the Grandmothers are unclear. However, it’s possible that these social workers are trying to create barriers for the Grandmothers. Either way, as a result of these individual social workers’ bullying and beaurocratic re-direction, Grandmothers are often unable to access supports. How bullying can be “effective” in this way is illustrated by one Grandmother’s story:

I did go to Social Services initially to see if there would be any help, but once the children are in a safe place (or what they consider a safe place), then, their files are closed and there’s nothing available and that’s what happened [with our family]. And the only way that I understood there would be some [financial] assistance is if we actually turned them over to Social Services and maybe we’ll get them back with some help intact.

Discussion and Recommendations

While the Saskatchewan child welfare system has the PSI program, which is designed to support extended family members providing care to children, Grandmothers have varying experiences with the child welfare system, receiving (or not receiving) support for a number of reasons. These include how Grandmothers’ households are labeled by the child welfare system (as a private, Alternate care, PSI, or place of safety placement), Grandmothers’ income, and how individual social workers negotiate and interpret the child welfare policies. Even those Grandmother-headed families who are supported by the child welfare system do not receive the same level of support that foster families do. These Aboriginal Grandmothers’ experiences illustrates the need for a policy change so that Grandmother-headed families and other kinship-care families are provided with the same level of financial support as foster homes. No matter what the Grandmother or other family members’ incomes are, this funding should be provided automatically. This would bring Saskatchewan’s policy in line with other provinces, such as Alberta, Manitoba, and Ontario (Government of Alberta 2009). This funding would include allotments for living expenses, child care/respite expenses, special service/program expenses, transportation expenses, school expenses, and recreation expenses.

The Saskatchewan and Canadian governments could support Grandmother-headed families by providing funding for the community services that Grandmothers and grandchildren need to live a good life, including: affordable and safe housing, respite services, counseling services, services for children with behavioural issues and cognitive limitations (depression, anger issues, FASD, ADHD), mentoring programs, social support services, transportation services, parenting skills programming and support. Of particular concern is respite childcare, since Grandmothers consistently listed it as a need. Currently there are no respite care services in Regina. Since Grandmothers identified fragmentation of services and lack of knowledge about services as an important barrier preventing their families from being able to access services, it is suggested that the child welfare system create a package to give Grandmothers and other kinship-caregivers when they begin caring for these children. By including information on various services (community and governmental) that can provide support for Grandmothers caring for grandchildren it would be a great benefit to the Grandmothers. This package could be made available at numerous community organizations as well as government organizations.

While the lack of financial support and services available to Grandmothers and their grandchildren are important issues, also of particular concern is that some social workers’ are judging and bullying Grandmothers. This judging and bullying behaviour indicates that some social workers still have racist beliefs, including stereotypes about Aboriginal women and families. These experiences, along with the distrust and frustration that Aboriginal Grandmothers feel towards the child welfare system speaks to need for the child welfare system to become more representative of Aboriginal peoples and for their practitioners to be trained in culturally safety. A representative workforce is defined as a workforce where the community is represented at all levels of the organization in proportion to “their numbers in the working age population” (SAHO/CUPE 2006, 4) In order for the child welfare system to build a representative workforce, it would involve (among other things) the recruitment and retention of Aboriginal people at all levels of the organization.

It is also strongly recommended that the child welfare system adopt a cultural safety policy. Cultural safety emerged during the 1980s in Aotearoa (New Zealand), in order to deal with Maori peoples’ distrust and “discontent with nursing care” (NAHO 2006, 1; IPAC 2008, 9). Cultural safety goes beyond cultural sensitivity to analyze “power imbalances, institutional discrimination, colonization, and relationships with colonizers, as they apply to health care” or any other type of human and social service (NAHO 2006, 1). In order to do so, the practitioner engages in self-reflexivity to recognize their own racism, discrimination and biases and how these may affect their provision of care (IPAC 2008, 10). Further, it involves the practitioner recognizing the power that they consciously or unconsciously hold when interacting with a client/patient (ANAC 2009, 10; IPAC 2008, 17; NAHO 2006, 2).

Similarly, the Grandmothers experiences illustrate that many social workers’ do not know about or understand the issues facing Grandmothers caring for grandchildren. Educating employees of the child welfare system about the particular challenges faced by Grandmother -headed families and other kinship-care families, as well as the support that they need would eliminate many of the problems faced by Grandmothers. In addition, to ensure more consistent treatment of Grandmothers and other kinship-care families, each office could designate one or two child welfare employees who would consistently working with Grandmother-headed families and kinship-care families. As a result, these families will be able to consistently work with practitioners who understand their issues and how they can best be supported.

Conclusion

This article argues that the Aboriginal Grandmothers caring for grandchildren are receiving fragmented, inconsistent, and insufficient support from the Saskatchewan child welfare system. While traditionally, child rearing was an expected and well-supported role of Aboriginal Grandmothers, the situation today is very different. The Aboriginal Grandmothers who participated in this in this project took on the care of their grandchildren for a number of reasons, for instance, the parents’ drug or alcohol abuse, domestic abuse, incarceration, or other situations of crisis or ill-health. As a result of colonial policies and practices, in particular the Residential School policy and the “Sixties Scoop,” many Aboriginal families are facing situations of crisis and ill health. Through interviews and Talking Circles, Aboriginal Grandmothers co-researchers suggested a number of changes to child welfare practice and policy in order to better support Grandmothers and their families.

On November 9th of 2009, the Saskatchewan government announced that they would be conducting an extensive review of the province’s child welfare system. This process involved examining the entire system including fostering, adoption, child protection, and the prevention of child abuse and neglect (Saskatchewan Child Welfare Review 2010). As a part of this review, the child welfare review committee held in-person consultations with stakeholder groups in the spring and summer of 2010. During this time, stakeholder groups and individuals also submitted online and written submissions for the committee’s consideration. Due to the overrepresentation of Aboriginal children in care, stakeholder groups included First Nations and Métis organizations (Saskatchewan Child Welfare Review 2010).

One of the groups consulted was the Grandmothers caring for grandchildren Support Network. Five Grandmothers (the maximum number of group members allowed) were consulted through an in-person stakeholder meeting. The Support Network also presented the committee with a written submission. In the consultation and written submission, the Grandmothers explained the problems they have experienced with the child welfare system. In particular, the Grandmothers spoke about the lack of financial support for Grandmothers caring for grandchildren; the lack of services and supports for them and their grandchildren; and how child welfare workers had bullied and judged some of the Grandmothers who had tried to negotiate the child welfare system. They also made recommendations for how the child welfare system could change to better support Grandmothers and other kinship-care families. Several of these recommendations are outlined above.

The final report has not yet been released to the public. However, according to the child welfare review committee chair, Bob Pringle, “the child welfare system is performing so badly it needs a complete overhaul” (CBC News 2010) This statement gives us hope. As we wait to see the report and the resulting policy changes, we hope that the Grandmother’s Support Group involvement impacted the report. We hope that very soon Grandmother-headed families will receive the support that they need and be treated with the respect they deserve; that Grandmothers and their grandchildren will be able to access what they need to live a healthy life.

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Appendix
Interview Questions

The following questions have been suggested to gather information about the needs of Aboriginal grandmothers caring for grandchildren.

Using your personal experience, please answer each question:

1. Please describe your situation

How old are you?

Under 40 years

41 to 55

56 to 65

66 to 75

Over 75

1.2. How many children do you care for?

1.3 What are their ages?

1.4 How many of these are grandchildren?

1.5. How long have your grandchildren been with you?

1.6. What are some of the challenges you face every day in looking after your grandchildren?

2. Please describe your health.

2.1. Do you presently have any health concerns? (if none go onto section 3)

2.2 If yes, What health concerns do you currently have?

2.3. How was your health before you took in your grandchild/grandchildren?

2.4. Has it changed since then?

2.5 If so, how?

3. Please tell me about your stress.

3.1. What causes you stress?

3.2. On a scale of 1 to 10 with 1 being low and 10 being high, how high is your stress usually?

3.3. What do you do to relieve your stress?

3.4. Do you participate in any kind of support group or Talking Circle? (If no, go onto section 4)

3.5. If yes, how does that affect your stress level?

4. Please tell me about the Services available to help Aboriginal grandmothers.

4.1. What services are you aware of in your community?

4.2. Do you use any of these services? (If no, go onto section 5)

4.3. If yes, What services do you use?

4.3. Is there anything that prevents you from using these services?

4.4. If yes, What prevents you from using the services that do exist?

4.5. What services would be most helpful to you?

5. Please tell me about your SOCIAL support.

Support may come in many forms, and can include financial aid, someone to talk to, spiritual support from Elders or churches, or help with tasks like shopping and cleaning.

5.1. What kind of support do you have?

5.2. What kind of support would you like to have that you don’t at the present moment?

6. Do you know about the Talking Circles for Aboriginal Grandmothers Caring for Grandchildren that are held each month at Four Directions Community Health Centre?

No, Would you be interested in learning about these? Why or Why not?

Yes, Have you attended one of the Talking Circles?

q No. Why?

q Yes How often have you attended the Talking Circles?

Once Why did you not attend others?

Sometimes What prevents you from attending more often?

Most months

(6.1 and 6.2 is only for grandmothers who have attended talking circles.)

6.1 What do you like best about the Talking Circles?

6.2 What do you like least about the Talking Circles?

II. Please tell me what you think of these research questions.

1. With respect to each question, please indicate how the question could be improved to get better information that could be used to improve service delivery and education programs for Aboriginal grandmothers.

2. What other questions should be asked?

3. What advice do you have for how to involve other grandmothers in looking at their health and social support needs and systems?

4. Who else should be involved in this research?

1Article 7 of the 1994 draft of the United Nations Declaration on the Rights of Indigenous peoples states that Indigenous Peoples have a right “not to be subjected to ethnocide and cultural genocide” including:

(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;

(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

(c) Any form of population transfer which has the aim or effect of violating or undermining any of their rights;

(d) Any form of assimilation or integration by other cultures or ways of life imposed on them by legislative, administrative or other measures;

(e) Any form of propaganda directed against them.

The Residential School policies and practices were acts of cultural genocide as they had the “aim or effect of depriving [First Nations people] of their integrity as distinct peoples, or of their cultural values or ethnic identities” and were a “form of assimilation or integration by other cultures” as well as a way of life that was “imposed on them” legislatively.

McKenzie-AboriginalGrandmothersCaringForGrandchildren.pdf (358.53 kb)

Habermas Revisited: Indigenous Lifeworld(s) Today

by Indigenous Policy Journal 11. December 2010 04:51

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Habermas Revisited: Indigenous Lifeworld(s) Today

Jan Lüdert PhD Student, Dept. of Political Science, University of British Columbia, Vancouver

“Toleration is historically the product of the realization of the irreconcilability of equally dogmatic faiths, and the practical improbability of complete victory of one over the other.”
Isaiah Berlin – The Originality of Machiavelli

One result of late capitalist expansion is the socio-cultural resistance of Indigenous peoples around the world against the “forces of cultural uniformity” and the “appropriation of Indigenous peoples “sovereignty” by the modern state (Niezen 2003, 2). These grievances, with their basic assumptions, are - I argue - encapsulated in Jürgen Habermas’ conceptualization of the “colonization of the lifeworld.” While the social ontology of his theory is primarily concerned with the constitution of late 20th century society, it also provides a repository to investigate the struggle against the colonization of lifeworld(s) under which Indigenous communities within states presently find themselves subsumed. Consequently, I depart from his rather Eurocentric discussion of “archaic tribal societies” that, as he argues, “more or less approximate” an ideal typical “homogenous lifeworld.” Instead, I aim to illustrate how Indigenous societies struggle for their distinct identity as it is affected by the pathologies following from the colonization of their particular lifeworld(s) today. Accordingly, I do not treat Indigenous groups as bygone ideal types, nor as closed social systems in which the “kinship calculus” serves as a “basic boundary setting mechanism” (Habermas 1989, 193). On the contrary, I view them as resisting collectivities and uncomfortable elements of the modern state that are often in the way of a market economy in search for (and dependent on) a “never-ending resource supply” (Mander and Tauli-Corpuz 2006, 3). In light of their pursuant and observable discontent with dominant society, they provide a site of analysis for the, as Habermas rightly espouses, delicate equilibrium between system and lifeworld. Given the aforementioned qualification, I incorporate his insights into an explanation for the ongoing resistance of Indigenous peoples against statist and capitalist encroachment into their lifeworld(s). Here I am in opposition to Habermas, who in my reading wrongly idealizes tribal societies as spatiotemporally detached from market economies and “without recourse to a state’s power of sanction” (Habermas 1989, 193). I contend that - given current realities - Indigenous societies in fact have to strategically negotiate the validity of social norms vis-à-vis states and market economies more directly, which Habermas himself fails to acknowledge. To be clear, I appreciate his search for and conceptual grounding in an “empirical foothold in archaic societies, where structures of linguistically mediated, normatively guided interaction immediately constitute the supporting social structures.” I want to augment this historical-evolutionary analysis, however, by incorporating the reality in which Indigenous peoples currently are situated as doubly colonized communicative actors (Habermas 1989, 190). First it seems appropriate to survey Habermas’s conceptualization of system and lifeworld, and the colonization of the former on the latter to then move to a discussion outlining the dilemma of negotiating the colonization as well as rationalization of lifeworld(s) for Indigenous peoples.

At the heart of Habermas’ theory of communicative action lies the distinction between lifeworld and system. The lifeworld is understood as the “horizon within which communicative actions are ‘always already’  moving” (Habermas 1989, 165) while the system, in turn, denotes structures and established patterns of instrumental action, such as “the steering medium of money,” in which the “state apparatus becomes dependent upon the media-steered subsystem of the economy.” In turn, this forces the state to assimilate its “power to the structure of a steering medium: power becomes assimilated to money” (Habermas 1989, 204-205). As such, lifeworld and system, in Habermas’ work, are the particular sites of communicative and instrumental action, respectively.

Communicative interaction presupposes a framework of common understanding – that is, shared norms and values – in which both hearer and speaker can, in a hermeneutical practice, negotiate a horizon of everyday encounter. Such a world of “actual reach” arises in a “pragmatic relation” to three worlds, namely the objective, social and subjective, in which “communicative utterances are always embedded” simultaneously (Habermas 1989, 166). These objective, normative and subjective worlds – always present yet seldom explicitly thematized – are the background against which communicative action takes place. Actors consequently rely on each other to cooperate and interpret - via speech - not “point blank to something in a world” but by relativizing their utterances in reference to these three worlds (here understood as an inter-subjective framework for mutual understanding of the world and its subjects within). Or, as Habermas eloquently puts it:

Coming to an understanding [Verständigung] means that participants in communication reach an agreement [Einigung] concerning the validity of an utterance; agreement [Einverständnis] is the intersubjective recognition of the validity claim the speaker raises for it. Even when an utterance clearly belongs only to one mode of communication and sharply thematizes one corresponding validity claim, all three modes of communication and the validity claims corresponding to them are internally related to each other (Habermas 1989, 166)

As a result, the lifeworld is viewed as the basis for social integration and cohesion in its utilization of a “cultural stock of knowledge that is ‘always already’ familiar” and implicitly collectively recognized (Habermas 1989, 171). It therefore provides an enabling stage for agreement in its provision for critical reflection and possible disagreement in its appearance as “a reservoir of taken-for-granteds, of unshaken convictions that participants in communication draw upon in cooperative processes of interpretation” (Habermas 1989, 170). It is important to reiterate that, for Habermas, the concept of lifeworld connects to, and is reliant upon, all three worlds previously mentioned. Communicative actions are consequently not only processes of interpretation that test cultural knowledge against the existing world, they are at the “same time processes of social integration and socialization” (Habermas 1989, 175). Thus, every time a consensus between participants in a communicative act is reached, it too implicitly recognizes situational themes or contexts of relevance [Verweisungszusammenhänge] that in a circular relationship restock and cultivate the overall significance of the lifeworld itself (Habermas 1989, 168). In this way communicative action and lifeworld are reciprocal and constitute each other over time. The concept of lifeworld - in a Habermasian sense - represents the discursive means for the symbolic and cultural perpetuation and evolution of society en large. On the one hand it represents the socio-cultural plane on which everyday speech acts and pursuant discourses are carried out and, on the other, ensures a more or less stable - as discursive - transmission of traditions, symbols and knowledge in which speech acts are embedded and made available for communicative participants. The lifeworld is, in short, the communicative locale for affirming individual agency and forming cultural identity.

In order to meaningfully outline social structural dynamics of modern society Habermas adds a system conceptualization to supplement that of the lifeworld. Indeed, a structural level of analysis directly stems from the lifeworld analysis and, as Habermas proposes, is needed to move beyond one that is squarely based in a subjective Verstehen tradition. In this conceptualization, societal evolution is viewed as a two-sided rationalization process of a larger social system and the more immediate understanding of lifeworld (Habermas 1989, 19). Habermas explains that a “systems-theoretical perspective is relativized by the fact that the rationalization of the lifeworld leads to a directional variation of the structural patterns defining the maintenance of the system” (Habermas 1989, 183). Thus, whereas the lifeworld concept travels well in investigating the internal inter-subjective perspective of “more or less trivial everyday knowledge,” it deflects concurrently from everything that “inconspicuously affects a sociocultural lifeworld from outside” (Habermas 1989, 184). Instead, a systemic vantage point permits the uncovering of the three “fictions” a lifeworld idea unreservedly presupposes, namely the “autonomy of actors,” the independence of culture “from external constraints” and, finally, the “transparency of communication” (Habermas 1989, 184). Habermas here explicitly acknowledges the limitations of communicative action itself in as far as “goal-directed actions are coordinated not only through processes of reaching understanding, but also through functional interconnections” that neither are intentional nor necessarily perceived by communicative actors within the reach of everyday practice. In relation to the market, he writes:

The market is one of those systemic mechanisms that stabilize nonintended interconnections of action by way of functionally intermeshing action consequences, whereas the mechanism of mutual understanding harmonizes the action orientations of participants. Thus I have proposed that we distinguish between social integration and system integration: the former attaches to action orientations, while the latter reaches right through them. (Habermas 1989, 185)

While Habermas does not simply demonize systems, he indeed sees structures of rationality in such institutional orders as the market and statist bureaucracies; notwithstanding, he is explicit about the ordering of both in that a “provisional concept of society as a system” has to fulfill “conditions for the maintenance of sociocultural lifeworlds” (Habermas 1989, 186). As such, Habermas is not unsympathetic to instrumental rationality or to the institutions that embody its logic, such as the modern state and the market economy. He certainly acknowledges that they can perform crucial and needed societal functions and that eliminating or ignoring them neither is desirable nor feasible. Social evolution, he holds, “gets differentiated both as system and as lifeworld” and is “measured by the increase in a society’s steering capacity, whereas the state of development of a symbolically structured lifeworld is indicated by the separation of culture, society, and personality.” (Habermas 1989, 187) Habermas is more subtle in his critique of modernity, which uncovers instead a parasitic tendency of the – especially money and power - system to intrude, dislocate and even damage lifeworlds. This movement of “uncoupling” is a form of colonization of the system on the resources of meaning that stem from the lifeworld. This “uncoupling” of the system from the rationalization of the lifeworld should be viewed with suspicion as it gives rise to harmful “social pathologies” that could eventually lead to social disintegration. He states:

Members… in norm-free structures… behave toward formally organized action systems, steered via processes of exchange and power, as toward a block of quasi-natural reality…society congeals into a second nature. Actors have always been able to sheer off from an orientation to mutual understanding, adopt a strategic attitude, and objectify normative contexts into something in the objective world, but in modern societies, economic and bureaucratic spheres emerge in which social relations are regulated only via money and power. Norm-conformative attitudes and identity-forming social memberships are neither necessary nor possible in these spheres; they are made peripheral instead. (Habermas 1989, 189)

Such a transfer from language over to steering media such as money and power entail an “uncoupling of interaction from lifeworld contexts,” insofar as they detach from traditional lifeworld spheres by usurping its social integrative functions. They thus not only bypass “processes of consensus-orientated communication,” they in fact replace it with a problematic “symbolic generalization or rewards and punishments” that devalue and ultimately technicize the lifeworld (Habermas 1989, 215). Thus, by robbing the potential for cooperative interpretation and critical reflexivity, they co-opt and spoil the necessary health of the lifeworld that sustains the system in the first place (Habermas 1989, 216). Such instrumentalization of the lifeworld “takes on the character of deception, of objectively false consciousness” giving rise to “structural violence that, without becoming manifest as such, takes hold of the forms of intersubjectivitiy of possible understanding” (Habermas 1989, 219). Thus restricting and distorting communicative action in such a way that the “interrelation of the objective, social, and subjective world gets prejudged for participants” (Habermas 1989, 219). Here, Habermas, in search of “analytical perspective,” argues that

societies organized around a state, a need for legitimation arises that, for structural reasons, could not yet exist in tribal societies. In societies organized through kinship, the institutional system is anchored ritually, that is, in a practice that is interpreted by mythical narratives and that stabilizes its normative validity all by itself.(Habermas 1989, 220).

It is this last ideal-typical treatment of a progressive social evolution that, while conceptually appreciated, nevertheless detracts from the reality in which Indigenous peoples are situated. Habermas, here, in his proposition of a Eurocentric normative project, privileges rationality that allows room for a system of enhancing instrumental rationality like the state and its bureaucracies, as well as a lifeworld-related communicative rationality that is characterized by self-reflexivity and the understanding that personal norms and values are subjectively relative, although he treats “basic categories of myth” as a confusion of validity with relations of effectiveness (Habermas 1989, 225). In his division of lifeworld and system, Habermas argues that in “tribal societies systemic mechanisms have not yet become detached from institutions effective for social integration…” (Habermas 1989, 197). He thus, to my reading, puts a premium on a public and private divide that is not necessary for a stable lifeworld to exist. This of course is contestable and I do not have the space to discuss it here as it would lead us into a discussion whether an increased rationalization of the lifeworld is indeed what has resulted in detached spheres of the privatized household and paternal statehood. Nevertheless Indigenous peoples contest that their threatened lifeworld – while perhaps socially and structurally undifferentiated and less stratified– still is what they desire and want to retain, as it is the resource of their collectively recognized knowledge - the basis for their culture and forms of communication. Jeannette Armstrong from the Okanagan for instance states that,

The Okanagan perception of the self and of the dominant culture has to do with the “us” that is place: the capacity to know we are everything that surrounds us, to experience our humanness in relation to everything else and thus to know how we affect the world around us. The Okanagan word for “our place on the land” and “our language” is the same. We think of our language as the language of the land. This means that the land has taught us our language. The way we survive is by speaking the language that the land has offered us as its teaching. (Armstrong 2006, 37)

As such, here and elsewhere, a more precise understanding is necessary to analyze contingent Indigenous realities and their concomitant resistance, one that views both a process of modern colonization and acculturation as problematic for the lifeworld(s) over which Indigenous groups intend to maintain control, ownership and responsibility. Thus, while I am in general agreement with his conceptualization of modern society, I am skeptical that a Habermasian model of a western rational society provides the right type of departure point to discuss the general validity of a universalizable understanding of “how human beings should live on earth (Mander and Tauli-Corpuz 2006, 4). While Habermas presents social development as essentially progressive, Indigenous groups around the world argue that it, however, depends upon the destruction of Indigenous resources that are both necessary for their material and cultural survival (de la Cadena and Starn 2007). In relation to these realities, it is an error to assume that an evolutionary transition from segmented “archaic societies,” within which ascribed identities exist, toward a modern “individualistic and state-controlled socialization has already come to its conclusion” (Niezen 2003, 208). Indigenous peoples are, in fact, caught between seemingly incompatible lifeworld(s). This in turn has very different manifestations for individuals and communities around the world and is too context specific as to allow a general point of departure within the confines of this paper. Yet it does, at minimum, and again in line with Habermas, bring to the fore the “irresistible irony of the world-historical process of enlightenment,” one in which the ongoing rationalization of the lifeworld enables increased systemic complexity that becomes so “hypertrophied that it unleashes system imperatives that burst the capacity of the lifeworld they instrumentalize” (Habermas 1989, 190). The realities of many Indigenous groups around the world in all its facets highlight this catch-22 situation more vehemently than in many situations of the aforementioned uncoupling of system and lifeworld in modern societies per se. Indeed the notion of uncoupling seems less helpful as many Indigenous groups did not grow organically within an increasing complex web of social and system integration but were often forced – by processes of colonization – to adapt to them ex nunc. James Tully has coined this latter process poignantly “internal colonization” as involving a form of domination in which “societies coexist and exercise total domination over the territories and jurisdiction which Indigenous peoples refuse to surrender.” With the result, Tully explains, that “continuous unresolved contradictions and ongoing provocation” prevail (Tully 2000, 40). In this light Indigenous lifeworld(s) are being increasingly threatened, for instance, by the “commodifcation of Indigenous culture.” In this way Indigenous peoples have to negotiate within, what Sewart-Harawira calls, the increasing need of a “homogenization of world views “ involving new as well as changing “constructions of reality” for Indigenous peoples (Stewart-Harawira 20085, 18). Thus, while Habermas conceptualizes the social development, integration and uncoupling of lifeworld and system in modernity he pays little attention to the existing overlap that I wanted to emphasize. Indigenous peoples still hold cosmological and ontological understandings that challenge the orthodoxy of dominant society. Indigenous people are thus, from within their often already marginalized position, confronted with an urgent dilemma to either relinquishing the traditional cosmologies based on an understanding on “oneness and interconnectedness” with their natural surrounding or join and acculturate to modernity without looking back (Stewart-Harawira 20085, 19). Regardless of this impasse the immediate lifeworld(s) within which Indigenous peoples are situated come with often-grave consequences for them. The “social pathologies” that result from the “reification” of a progressive monetarization and bureaucratization not only threaten the communicative infrastructure of modern society; they indeed destroy Indigenous societies in their onslaught. They cost lives.

This in my mind should give reason to begin a more systematic revision of a modernity that accentuates monetary efficiency and paternal bureaucracies without questioning the resulting pathologies for Indigenous peoples and other marginalized groups. A decrease in shared meaning and mutual understanding, what Habermas calls anomie, as well as the erosion of social bonds and disintegration is nowhere as pressing as in Indigenous communities around the world. The ongoing alienation and demoralization of Indigenous groups vis-à-vis dominant society should thus in my mind be (re)theorized in building on the important groundwork Jürgen Habermas has provided us with. A starting point given the resilience of Indigenous resistance could be a more directly deliberative democratic process or, as Isaiah Berlin would put it, tolerance and respect.

Works Cited

Armstrong, Jeanette. “Community: Sharing one Skin” in Jerry Mander and Victoria Tauli-Corpuz Paradigm Wars – Indigenous Peoples’ Resistance to Globalization (San Francisco: Sierra Club Books, 2006).

de la Cadena, Marisol and Orin Starn. Indigneous Experience Today (Oxford and New York: Berg, 2007)

Habermas, Jürgen. On Society and Politics – A Reader ed. Steven Seidman (Boston, MA: Beacon Press, 1989)

Mander, Jerry and Victoria Tauli-Corpuz Paradigm Wars – Indigenous Peoples’ Resistance to Globalization (San Francisco: Sierra Club Books, 2006).

Niezen, Ronald. The Origins of Indigenism – Human Rights and the Politics of Identity (Berkely & Los Angeles: University of California Press, 2003)

Stewart-Harawira, Makere. The New Imperial Order: Indigneous Responses to Globalization (London: Zedbooks, 2005).

Tully, James “The Struggles of Indigenous Peoples for and of Freedom,” in Duncan Ivison, Paul Patton, and Will Sanders (eds) Political Theory and the Rights of Indigenous Peoples. (Cambridge: Cambridge University Press, 2000).

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The Treaty Basis of Michigan Indian Education

by Indigenous Policy Journal 11. December 2010 03:46

Click here to download article in PDF format

The Treaty Basis of Michigan Indian Education

Martin J. Reinhardt1

John W. Tippeconnic, III2

A socio-historical content analysis of 16 treaties and 3 contemporary American Indian education laws at the federal level revealed that a certain amount of the treaty obligation may yet be unfulfilled regarding tribes currently located within the State of Michigan.  Both monetary and non-monetary provisions were analyzed using the United States Supreme Court’s Canons of Treaty Construction.  The treaty provisions were further categorized according to certain criteria based on the trust doctrine.  The outcomes of the treaty analysis were then compared to the provisions of the Indian Education Act, the Indian Self-Determination & Education Assistance Act, and the Individuals with Disabilities Education Act.  Responsibilities of each level of government, implications for school policy and procedures, and recommendations for further study are included.

There is a general assumption that the federal government is obligated to provide for the educational interests of American Indian tribal citizens based on the educational provisions contained within treaties entered into between the United States (US) government and American Indian tribal nations.  The problem with such an assumption is that it does not take into account that the US did not enter into any comprehensive treaty with all of the American Indian tribes as a single unit.  While it is true that there are many educational provisions contained within treaties that have similar language, the fact remains that the treaties were made with different American Indian tribal nations. 

This study focused on educational provisions contained within treaties made between the US and the Anishinaabe Three Fires Confederacy-an American Indian tribal government that was still intact when the US began infiltrating the Great Lakes Region in the late 1700s, and the cultural predecessor of the federally recognized tribes that remain in Michigan today.  While this study focused on Michigan, it should prove to be a model that can be used to examine the same relationships in other states as well.

In Wisconsin and Minnesota, for instance, the Anishinaabe tribes share a similar relationship with the US that Michigan tribes do. In fact, some of the treaty educational provisions that apply to Michigan tribes are the same ones that apply to other Anishinaabe tribes in those states.

While not all tribes have specific treaty based educational provisions, all tribes do have inherent rights to self-education. This sovereign right to govern over the education of their citizens extends from their pre-US nationhood status, and unless clearly defined in federal US law, these rights remain intact (Canby, 2004). Aboriginal rights are not afforded the same protections as treaty rights, however, and may thus be impacted by federal US law without consideration of just compensation (Canby, 2004). While this study did not deal with the universe of tribal aboriginal rights to self-education, it is recognized that the sovereign ability of tribes to enter into treaties with the federal US government was, in and of itself, an inherent power or aboriginal right.

The evolution of K-12 American Indian education legislation in Michigan is a story that has never been told in any comprehensive manner.  Although state/tribal relations are similar in many states, it is important to focus on considerations that are tied to the law and politics of a particular state so that any peculiarities can be analyzed along side the specific legal and political relationship between the tribes in that state and the federal government.  This study is an attempt to offer some clarity regarding the corpus of the educational trust relationship between the United States and the Anishinaabek—Chippewa, Ottawa, and Potawatomi--as it applies to such tribes currently located within the State of Michigan. 

Purpose of the Study

The legal and political roots of education within the United States impacts the entire educational system. Although the US Constitution is devoid of any mention of education as a right, it is clear that treaties entered into by the US are to be considered the “supreme law of the land”. While the State of Michigan is thus left to govern over the education of its citizens in accordance with the Michigan Constitution, the federal government is responsible for making sure that the tribes located within the State of Michigan are able to exercise their own sovereignty over the education of their citizens at the same time. This tri-lateral relationship between the Tribes, the State, and the Federal Government is extremely complex and often confounds the casual onlooker as they try to understand the status of Michigan Indian education today.

To add to the complexity, the history of Indian education in Michigan is unique, as compared to other states, because it is the only instance where the federal government has entered into an agreement whereby the state has accepted full responsibility for providing for Indian education without further cost to the federal government (Comstock, 1934).  Like tribes in other states, however, Michigan tribes retain those aspects of sovereignty, including the education of tribal citizens, that have not been abrogated by treaty or an act of Congress.  Although the State of Michigan is legally obligated to provide for Indian education within the state, it has never provided any education services specific to the obligations set forth by treaty other than the Michigan Indian Tuition Waiver (Reinhardt, 1998).  Since 1972, the Federal government has reintroduced federal Indian education programs within the State of Michigan.  Given this complex relationship between the Tribal, State, and Federal systems in Michigan it remains in question exactly what the federal Indian education obligation was in 1934, and what it is currently as compared to that of the State and Michigan tribes.  

From a policy perspective, therefore, it is important to begin a clarification process so that we can have a better understanding of how American Indian education law is included within this tri-lateral legal and political system. Upon clarification of the treaty basis, it is at least a bit easier to see how actual practice has failed to align with the underlying policy.  

With the above points in mind, this study was designed to investigate the relationships between current federal K-12 American Indian education laws and treaties signed between the U.S. government and American Indian tribes located within the State of Michigan.  The study was intended to produce data that would answer the following research questions:

1.         What is the extent of educational obligations set forth by treaty for American Indian tribes located within Michigan?

2.         Are current federal K-12 American Indian education laws intended to satisfy any portion of these treaty obligations?

3.         If so, how do they satisfy these obligations?

4.         Are there any portions of treaty educational obligations that have not been met, or are not addressed by current federal K-12 American Indian education legislation?

5.         What is the responsibility of federal, state, and tribal governments in providing for the K-12 educational interests of American Indian tribal citizens within the State of Michigan?

Treaties Included

Multiple studies have suggested that over 116 of 371 American Indian treaties entered into by the U.S. contained educational provisions (Kappler, 1972; Oshie-Dorr, 1997; United States, American Indian Policy Review Commission, 1976).  In an initial review of treaties signed between the Anishinaabe Three Fires Confederacy which includes the Chippewa, Ottawa, and Potawatomi, the researcher found that the Treaty with the Potawatomi, 1832, did not contain any educational provisions as had been proposed in an earlier study by the American Indian Policy Review Commission (1976), and that five treaties had been left out of the earlier study including:  the Treaty with the Wyandot, Etc., 1817; Treaty with the Chippewa, Etc., 1833; Treaty with the Chippewa (Detroit), 1837; Treaty with the Chippewa (St. Peters), 1837; and the Treaty with the Potawatomi, 1867. 

There were a total of 42 treaties signed between the US and the Anishinaabe Three Fires Confederacy.  It was determined that 26 of these treaties contain educational provisions, and that 16 of these were relevant to tribes located within the State of Michigan today.  These 16 treaties (also included under Appendix A to this article), numbered as they were in the study, are as follows:

  1. Treaty with the Wyandot, Etc., 1817.

  2. Treaty with the Ottawa, Etc., 1821.

  3. Treaty with the Chippewa, 1826.

  4. Treaty with the Potawatomi, 1826.

  5. Treaty with the Chippewa, Etc., 1827.

  6. Treaty with the Potawatomi, 1828.

  7. Treaty with the Chippewa, Etc., 1833.

  8. Treaty with the Ottawa, Etc., 1836.

  9. Treaty with the Chippewa (Detroit), 1837.

10. Treaty with the Chippewa (St. Peters), 1837.

11. Treaty with the Chippewa, 1842.

12. Treaty with the Potawatomi Nation, 1846.

14. Treaty with the Chippewa, 1854.

16. Treaty with the Ottawa and Chippewa, 1855.

17. Treaty with the Chippewa of Saginaw, Etc., 1855.

23. Treaty with the Chippewa of Saginaw, Swan Creek, and Black River, 1864.

25. Treaty with the Potawatomi, 1867.

 

Laws Included

The three pieces of federal legislation included in this study were: the Indian Education Act of 1972 (as amended), the Indian Self-Determination & Education Assistance Act of 1975 (as amended), and the Individuals with Disabilities Education Act of 1997 (as amended).  These acts were selected based on their inclusion in other major Indian education policy research efforts, like the Native American Rights Fund project (McCoy, 1997), and the scope of the laws in addressing the needs of American Indian students.  While the IDEA may not be specific to Indian education in sum, it does include an Indian specific section that to the surprise of many does not include the terms free nor public as other sections of the law that refer to Free and Appropriate Public Education or FAPE.

A Tribal Legal and Political Standpoint

The theoretical underpinnings for this study are most closely associated with standpoint theory (Smith, 1987; Wallace and Wolf, 1995).  In 1987, Dorothy Smith proposed that, as a society, we have come to accept a “one-sided standpoint” (p. 20) as natural.  She was referring to the dominant place of males in our society, and the effect that has had on our conceptions of our social reality–especially as it impacts female self-concept and social interaction.  Wallace and Wolf (1995) point out, however, that “a standpoint theory could take the perspectives of other subordinated individuals [as well]” (p. 270).  In this study, it is proposed that standpoint theory can also be used to represent not only the perspective of subordinated individuals, but also subordinated governments like those of American Indian tribes. 

As a society, our conceptualization of the history and current condition of American Indian education has been influenced largely by non-American Indian governmental perspectives on history and interpretations of aboriginal and treaty rights regarding education. Although the study has not been sanctioned by the entire American Indian population in general, or the Anishinaabe tribes of Michigan in specific, it does represent a voice that has not often been included in the debate surrounding the place of treaty educational provisions in contemporary Indian education law.  This study will add to the growing body of American Indian authored literature surrounding the historical treatment of American Indian aboriginal and treaty rights to education.

Individual accounts of Indian education history have impacted Indian education policy, and Indian education policy has in turn impacted subsequent views on history and the future of Indian education (Reinhardt, 1998).  One of the primary reasons aboriginal rights to self-education have not been documented, to any great extent, is that American Indian people have been shut-out of the literature surrounding their own history (Fixico, 1998).  This is very obvious when reviewing the body of literature surrounding American Indian aboriginal and treaty rights to self-education in the United States–it is practically non-existent.  An American Indian standpoint approach to studying the history of American Indian education law, therefore, may produce data that has not yet been considered to any great extent in the literature. 

American Indian tribes in Michigan, and other states, have been shut-out of the educational policy writing process for a number of years.  Only recently have tribes come to experience any sort of political power, and thus the ability to influence decision making about the future of their citizens' education.  While this assertion of tribal authority over tribal education is most apparent in the tribally controlled schools movement, given the opportunity it may also manifest itself within the greater statewide public education system.  For example, see Alaska Standards for Culturally Responsive Schools (Alaska Native Knowledge Network, 1998) and the Rosebud Sioux Tribal Education Codes (Rosebud Sioux Tribe, 1991). The Alaska Standards were developed by the Alaska Native Knowledge Network, and cover students, educators, curriculum, schools, communities and libraries Alaska wide. The Rosebud Sioux Tribal Education Codes were developed in cooperation with the Native American Rights Fund, and represent a good example of tribal policy development in regard to education for educational programs within tribal jurisdiction whether tribal, state, or federal.

One could safely assert that there are at least 605 governmental entities (554 tribes, 50 states, and one federal) within the United States that are responsible for educating American Indian tribal citizens.  With the ongoing federal recognition process of American Indian tribes the number of systems will increase.  There are currently 12 federally recognized tribes within the State of Michigan.  There are also three state historical tribes and urban Indian communities within the state.  Although the reservation areas for each federally recognized tribe are acknowledged to be under tribal jurisdiction, the majority of tribal students attend schools off the reservations. 

Tippeconnic and Swisher (1992) propose that “treaties and subsequent executive orders, congressional acts, and court decisions formed the legal basis for federal recognition and responsibility for Indian education” (p. 75).  While the federal responsibility has continued to evolve, it has been delegated down to the states in many respects.  It is important to spell out how aboriginal rights to self-education and treaty educational provisions have, or have not, been addressed by the current status of the federal responsibility.

According to Deloria (1974), American Indian people must question the condition of tribal communities against a backdrop of legal doctrines, cultural attitudes, and historical accounts in order to gain any type of clarity on the complex set of issues that they face.  Deloria (1974) also points out that although the relationship between American Indian tribes and the United States is rooted in federal/tribal interactions, it is the relationships between tribes and states that are of the most immediate importance to American Indian people.  He suggests that there must be a clarification of tribal citizens “rights with respect to state governments” (Deloria, 1974, p. 254). 

With respect to Michigan Indian education, it is the State of Michigan that provides the greatest amount of educational services to the greatest percentage of American Indian students in the state.  It is important to note, however, that the State provides this educational service because the students are considered citizens of the State and not because they are entitled to such service due to treaty obligations. 

Summary of Methodology and Research Findings

Due to the qualitative nature of this study, and the potential for bias to enter into the findings, the processes and procedures that were adhered to during the course of the study are explained in detail. Beginning with an identification of the treaty corpus, and ending with an application of trust criteria (Appendix B) to each educational provision/law comparison.  

In order to answer the first four research questions, the following procedures were utilized:

1.         Determined the education specific content of each of twenty-six treaties signed between the Anishinaabe Three Fires Confederacy—Chippewa, Ottawa, and Potawatomi--and the United States of America.

2.         Determined which of the twenty-six treaties were relevant to tribes currently located within the State of Michigan, and which treaties actually included an educational benefit for those tribes.

3.         Conducted a socio-historical content analysis of each of the education provisions of the sixteen remaining treaties utilizing the U.S. Supreme Court's Canons of Treaty Construction which are:

            a.         Ambiguities in treaties must be resolved in favor of the Indians. 

            b.         Indian treaties must be interpreted as the Indians would have understood them. 

            c.         Indian treaties must be construed liberally in favor of the Indians. (Pevar, 1992).

4.         Applied the trust criteria to each provision individually.

5.         Compared the findings for each education provision analysis with the content of each of the three pieces of federal Indian education legislation utilizing specific terms, similar terms, and conceptual cluster searches.

6.         Applied the trust criteria to each piece of current legislation individually.

7.         Determined how the current Indian education legislation addresses the federal relationship with American Indian tribes, and how they address the relationship with treaties.

8.         Applied the trust criteria to the collective body of treaty educational provisions and three pieces of current legislation.

The first research question was:  What is the extent of educational obligations set forth by treaty for American Indian tribes located within Michigan?  All of the 42 treaties signed between the Anishinaabek and the United States were analyzed to determine if they contained educational provisions. Of the 42 it was determined that 26 contain educational provisions. The 26 were then further analyzed to determine if they included monetary and non-monetary provisions, and their relevance to Michigan tribes. 

Only 20 of the 26 treaties contain monetary provisions.  Of the 20, only 13 are Table 1relevant to tribes located in Michigan.  Under monetary provisions, it was found that there were ambiguous amounts, specific amounts, and one-time cash payments.  For example, if the annuity terms stated "…for the purposes of education, the annual sum of two thousand dollars" as it does in Treaty 3, the Treaty with the Chippewa, 1826, there is no time limitation included other than the reference to the annual basis, thus the terms are ambiguous.  This ambiguous type of annuity is in contrast with specific annuities and one-time cash payments.  Specific annuities are like the one included in Treaty 2, the Treaty with the Ottawa, Etc., 1821, which states "…to appropriate annually, for a term of ten years, the sum of fifteen hundred dollars" (Kappler, 1972, p. 200).  In the ambiguous case, it cannot be ascertained how long the annuity was to last.  In the specific case, it is clear that it was to last 10 years.  One time cash payments are simply monetary provisions that did not mention any type of annuity.  An example of a one time cash-payment is like that which is included in Treaty 7, the Treaty with the Chippewa, Etc., 1833, where it stipulates “seventy thousand dollars for purposes of education and the encouragement of the domestic arts, to be applied in such a manner, as the President of the United States may direct” (Kappler, 1972, pp. 402-403).  For a breakdown of actual amounts and types by treaty see Appendix A, Monetary Provisions table.

Non-monetary provisions were found in all 26 treaties.  Thus, all 16 treaties that apply to tribes within the State of Michigan contain such provisions.  All of the non-monetary educational provisions included in these treaties could be categorized into one of the following areas as it pertains to tribes located within the State of Michigan: education, schools, teachers, blacksmiths, land, training in agriculture, training in domestic arts, books in their own language, and tribal control (see Appendix A, Non-Monetary Provisions table for a breakdown of type by treaty).

Relevance to Michigan tribes was determined by application of the Canons of Treaty Construction to the wording of the relevant treaties in regard to whom the United States was making the treaties with.  Certain of the treaties were found to be specific to tribes now located within Michigan.  Some treaties were obviously signed with representatives of Michigan tribes, but they were worded as such that they could be interpreted to be inclusive of other Anishinaabe tribal groups outside of Michigan.  On the flip side of that were treaties that were obviously signed with representatives of non-Michigan tribes but that were worded in a way that could be interpreted as being inclusive of Michigan Anishinaabe tribes.  Finally, the treaties that were specific to non-Michigan tribes only were not included in the comparative content analysis portion of the study.  See Appendix A, Relevance to Michigan Tribes table for a breakdown of treaty by relevance. 

The relevance to Michigan tribes was also explained more fully by considering historical references to the relationship between the Anishinaabe Three Fires Confederacy of Chippewa, Ottawa, and Potawatomy, and how each group was included in the corpus of the treaties.  According to oral history, sometime prior to European settlement of North America, the Anishinaabe Ojibway migrated from the east coast of the US and Canada to the Great Lakes Region.  It was during this time that the Ottawa and Potawatomy split off from the main group to form their own communities.  While it is not uncommon for younger citizens of contemporary Anishinaabe tribes to identify as only Chippewa, Ottawa, or Potawatomy, it is also not uncommon for tribal Elders and traditionalists to identify as Anishinaabe first and as Chippewa, Ottawa, and Potawatomy second. 

It was found that certain treaties included all 3 groups as separate entities or as one nation, whereas others included only 1 or 2 of the groups.  The Anishinaabe understanding at the time the treaties were written would likely have been in contrast to the idea of the 3 groups existing only as independent groups.  In the Anishinaabe cultural reality at that time, they were more likely to have understood the relationship between the 3 groups to be similar to the relationship between the states and the federal US government today, except that decision making traditionally occurred within a governance system of seven primary dodems.  Thus, anyone representing the Anishinaabe in a treaty making capacity may have been under the impression that they were speaking on behalf of the 3 groups, whereas the US may or may not have realized what level of government was actually being represented.  Conspiracy theorists would argue, however, that the US fully realized what was happening and later took advantage of the ambiguity in the interaction to decrease the amount of obligation.  Nonetheless, for the purposes of this study, only those treaties that specifically mentioned all three were categorized as such.  For a breakdown of which Anishinaabe tribes were include by treaty see Appendix A, Anishinaabe Tribes Included table.

In regard to Anishinaabe tribes currently located within the State of Michigan, the type of Anishinaabe tribe, Chippewa, Ottawa, or Potawatomy, was matched up with the treaties relevant to each group.  For a breakdown of Michigan tribes by treaty see Appendix A, Michigan Federally Recognized and State Recognized Tribes Included in Treaties tables. 

In an effort to discern the meaning of treaty education provisions from a legal and political perspective, the researcher utilized the U.S. Supreme Court's Canons of Treaty Construction as a guide.  The Canons invoked by the Court when hearing a case concerning American Indian treaty rights are:

Treaties are to be construed as they were understood by the tribal representatives who participated in their negotiation.

They are to be liberally interpreted to accomplish their protective purposes, with ambiguities to be resolved in favor of the Indians. (Canby, 2004, p.109)

In keeping in line with the Canons, the researcher first determined if any ambiguity existed within the terms of the treaty educational provisions.  The researcher then considered what Anishinaabe understanding of the ambiguous terms might have been at the time the treaties were written by looking at other research that has been accomplished on the topic of American Indian education from that time period, and by comparing Native language with English terms.  Lastly, the researcher discerned if any terms could be construed liberally or conservatively, and put forth the liberal interpretation for later comparison with contemporary Indian education laws.  An example of such an analysis is included in the following example.

Treaty 1, Treaty with the Wyandot, Etc., 1817

In Article 16 of this treaty the researcher identified the key terms: “Some of the Ottawa, Chippewa, and Potawatomy tribes…some of their children hereafter educated.”  In this provision, the meaning of the terms their children is somewhat ambiguous.  It may mean children in the sense of youth, although, it is proposed here that the more likely meaning of the terms may be closer to the idea of wards, or citizens, of the collectivity, Ottawa, Chippewa, and Potawatomi.   If the later were the case, age would not be considered the primary factor, rather it would be a matter of legal and political identification.  It is also helpful to consider the fact that references to the Great White Father in Washington were also terms commonly used in treaty negotiations, and certainly did not pertain to family relations, but rather a political relationship between the United States government and American Indian tribes.

It is also unclear what is implied by the term some in this treaty educational provision.  In keeping with the likely definition of terms their children, and applying the most liberal definition for this term, it could be argued that some, as it applies to the tribal groups, may include only those tribal groups that wished their citizens to be educated with the support of the relationships forged, and resources made available, via this treaty.  Thus potentially, some could mean all, if all wished for such educational support under this agreement.  It is also important to note that the term hereafter is not an ambiguous term, but is very precise.  There should be no doubt that hereafter means hereafter. 

While the above analysis has shed some light on who the beneficiaries of the provisions are likely to be and how long the provision was to be in effect, it is the general term educated that provides the answer to what the benefit actually is.  In trying to determine meaning for such an ambiguous term, it is important to look to historical references and other sources of information that provide insight into the Indian (Anishinaabe in particular) meaning of educated at that time. 

Oral historical accounts of Anishinaabe practices were the most common sources of information regarding traditional Indigenous education systems until the 1930s when anthropologists began documenting the lifeways of certain Anishinaabe communities throughout the United States and Canada (Hallowell 1992; Hilger 1992; Miller 1996). Contemporary Anishinaabe authors like Benton-Banai (1988), Broker (1983), Johnston (1976) and Wub-e-ke-niew (1995) and living traditional culture projects like Waswagoning (2001) provide us with a contemporary glimpse/interpretation of Anishinaabe oral traditional knowledge, and can be drawn on to inform a tribal standpoint on what type of educational system was in place during pre-colonial times according to oral tradition.  Such references, when used in conjunction with live interviews, may provide good cross checks of data relative to a comparison of Native and non-Native views on what was considered good education from then and now.

Drawing from an Anishinaabemowin (Native language) perspective, an interpretation of the English term "educated" can be found in Nichols and Nyholm (1995) where it includes the animate intransitive verb: "be educated gikendaaso" (p. 173).   Another interpretation comes from Eklund (1991), where it includes a third person neuter verb form: "kikino.ama.goosi" (p. 170) meaning he/she is educated.  Lastly, from Rhodes (1993) is a similar term for educated.  Under the translation for "be learned,” is the animate intransitive verb: "nbwaakaad " (Rhodes, 1993, p. 509).  According to Rhodes (1993) this use of the term comes from an Ottawa dialect found on Manitoulin and Walpole Islands. 

According to Anishinaabemowin teacher, Helen Roy, the Anishinaabe term “kinomaage” is generally used to mean “teach or educate,” but it is more appropriately interpreted as “the Earth it shows.”  The root word “aki-” is a reference to the Earth.  This makes a lot of sense given oral traditional teachings about Mother Earth being our greatest teacher.  She explains that the “-nomaage” component of the above term is best interpreted to mean “it shows or provides the example” (personal communication, February, 2003).   

More examples can be found by studying how Anishinaabe leadership was approaching the idea of education at or near the time that this treaty was written.  One of the most common references to Anishinaabe leadership perspectives on education from that era comes from Shingwauk4, or the Pine, an Ojibway Chief from Kitigaanziibing (Garden River First Nation of Ojibway).  According to Chute (1998), Shingwauk was party to several treaty negotiations between the Anishinaabek and both the United States and the British, and his signature can be found within treaties on both sides of the border between the United States and Canada.  

According to the Shingwauk Project (2002), Shingwauk "envisaged schools as part of a self-determination strategy for the Anishnabek People" (¶ 5). His commitment to "cultural synthesis and modern community development" (¶ 5) through education is evidenced by his lead role in an 1832 delegation from Bawating (Sault Ste. Marie) to York (Toronto), where he and others petitioned Governor Colbourne for teachers.  Shingwauk's vision for education called for some type of blending of educational systems to meet the educational needs of Anishinaabe communities at that time.  It did not subordinate one system to the other, nor did it imply that the Anishinaabek were somehow turning over control of the education of Anishinaabe people to colonial governments.  In fact, it could be seen as an early tribally controlled school movement for the Anishinaabek.  It also speaks to the fact that although the idea of a school was something new to the Anishinaabek at that time, it was being conceptualized by Anishinaabe leadership as something that could be inclusive of both Anishinaabe and colonial knowledge and ways of teaching and learning. 

When considering what educated meant to the Anishinaabek at the time this treaty was written, it is important to draw on a number of sources including those referenced above.  What is clear is that the Anishinaabe understanding of such a term was most likely derived from a blend of traditional educational practices and new cross-cultural ideas about language, leadership, schools, technologies, spirituality, and other considerations.

In addressing the first research question, the researcher also determined the level of trust established by each the educational provisions.  The above example would fall into a general trust category  as it did not include any specific mention of government agency responsibilities and/or fiduciary responsibility, nor has it been cited in any subsequent Indian education law.  It remains to be seen if in the future this provision will move from a general trust to an implied fiduciary trust given the current debate over the federal trust obligation for Indian education in general.  See Appendix B for a definition of the levels of trust.

The second research question was:  Are current federal K-12 American Indian education laws intended to satisfy any portion of these treaty obligations?   After a careful review of the legislative history of the three acts included in this study, it was determined that the Indian Self-Determination and Education Assistance Act was the only act included in this study that could actually be traced back to treaty educational obligations.  Under the scoring criteria for relationship with treaties, the ISDEA received a score of one (on a scale from 0-4), because the legislative history of the law is clearly linked to treaty obligations.  The Indian Education Act and Individuals with Disabilities Education Act received a score of zero, because their legislative history does not include specific links to treaty obligations.  After reading through each act to determine the level of interaction with tribes required, it was found that only the ISDEA requires specific interaction with tribes in general, whereas the IEA and IDEA require specific interaction with American Indian tribal citizens in general, but do not require specific interaction with tribes.  Thus, under the scoring criteria for relationship with tribes, the ISDEA received a score of two (also on a scale from 0-4), whereas the other acts received a score of one.  See Appendix C to review the scoring criteria for relationships with treaties and tribes.

The third research question was related to the second.  It was:  If so, how do they satisfy these obligations?  While it was determined that only the ISDEA was actually intended to satisfy treaty obligations in some sense, it could be argued that all three of the acts included in this study satisfy some of the obligations even if not necessarily intended to.  In order to determine the alignment of provisions within the acts to provisions within the treaties, the researcher conducted a comparative socio-historical content analysis.  Three different types of searches, and a comparison of the contemporary equivalent of monetary provisions with current funding under each act were conducted as part of the analysis. 

The three types of searches included: a specific terms search, a similar terms search, and a conceptual clusters search.  Specific terms searches included terms taken directly from the treaty provisions themselves.  Similar terms searches included terms that were synonymous or related to the specific terms according to a thesaurus or as identified by the researcher.  The researcher read through each act, several times, to determine if there were conceptual clusters or ideas that may constitute equivalents of the ideas contained within the treaty provisions.  The number of hits were recorded for each type of search, and the conceptual clusters were copied and pasted into the search hit tables.  Ultimately, it was found that the three acts do meet many of the educational provisions set forth by treaty for tribes within the State of Michigan.  For a breakdown of number of hits by law and treaty, see Appendix D.  An example of a hit table showing the provision and conceptual clusters is included as Appendix E.

The funding under each act for tribal schools, tribal education programs, or other educational concerns that could be argued in someway to represent the contemporary version of intended beneficiary of the treaty educational provisions was also considered in the analysis.  It was found that all three of the acts could be argued to provide, at least in part, a level of funding for Indian education in the State of Michigan that meets or exceeds the modern day equivalent of many of the monetary provisions included in the body of treaties relevant to tribes located within the State of Michigan.  There are instances, however, where the level of funding falls short, or where the provision is so ambiguous that it was impossible to draw any conclusions. For a breakdown of funding under each act for schools serving the educational needs of Anishinaabe students see Appendix F. 

The fourth research question was:  Are there any portions of treaty educational obligations that have not been met, or are not addressed by current federal K-12 American Indian education legislation?  Because this study is limited to three pieces of current Indian education legislation selected, the findings in this respect are inconclusive in a general sense.  The comparison of the three laws with treaty educational provisions, however, filtered out some important parts of treaty provisions that are not met by the components of the three laws. 

When the provisions of the three acts included in this study were compared with the provisions of the treaties, it was found that they failed to provide a maximum level of fulfillment for the following provisions or components of provisions:

1. None of the acts provide a comprehensive program of education for all Anishinaabe students as indicated in Treaty 1. 

2. IEA and ISDEA do not provide direct funding for teachers as stipulated in Treaties 2 and 8.  IDEA provides direct funding for teachers, but only for special education purposes.

3. None of the acts provide for the provision of a blacksmith, as called for in Treaty 2, although both ISDEA and IDEA have the potential to provide for a maintenance person.

4. Neither IEA nor IDEA provide for land provisions, as included under Treaties 2, 3, 16, 17, and 23. 

5. A person to instruct the Ottawas in agriculture is similar to teacher.  IEA and ISDEA do not provide direct funding for a person to instruct the Ottawa in agriculture as stipulated in Treaty 2.  IDEA provides direct funding for instruction, but only for special education purposes.

6. It was determined that the IEA and ISDEA provided no level of fulfillment for the encouragement of the domestic arts as called for in Treaty 7.  IDEA could provide partial fulfillment for this provision under transition services, but again, it would be only for special education purposes.

7. The IEA and IDEA provide only partial fulfillment for the tribal control provisions included under Treaties 12, 16, 19, and 23.  The IEA allows for tribes to apply for funding if the LEA chooses not to apply if it can be shown that over fifty percent of the eligible students are tribal citizens.  IDEA funding can be applied to tribally controlled schools through the BIA, but it is not applied to tribes directly. 

Thus, of the 16 treaties included in the comparative legislative analysis, 10 of them were found to have non-monetary provisions, or components of non-monetary provisions, that are not addressed by the three acts included in this study. 

In regard to the monetary provisions, this study did not provide conclusive evidence of what ambiguous annuities, specific annuities, or one-time cash payments are still obligated to Michigan tribes.  This study did, however, provide a sense of the value of treaty monetary provisions by today’s standards, and how current funding levels of each act might stack up against these modern day equivalents, by comparing the amounts of funding under each act allocated to tribally controlled schools (or Michigan tribes that receive funding under these acts) that fall within the purview of each treaty with each of the modern day equivalents of the treaty monetary provisions. 

What can be concluded from the findings of this study is that certain of the treaty non-monetary provisions if fulfilled would have costs related to them even if not specifically linked to a monetary provision.  Unlike unfunded mandates, under the U.S. Constitution, treaties are to be considered the supreme law of the land, and would, therefore, not be subject to subsequent unfunded mandate legislation.  The potential problem arises when a contemporary interpretation of trust responsibility is applied to the treaty provisions and it is not clear about an exact amount of money, how the money or resources were to be handled, and who was to administer the provision.  It was also pointed out in this study that the change in value of certain educational provisions over time, location, and cultural orientation should be considered in any subsequent court case or legislative remedy that may arise based on the fulfillment of these treaty provisions.

The fifth research question brings the study into focus on the meaning of the findings for the current status of, and ultimately, the future of Michigan Indian education as a trust responsibility.  The fifth research question was:  What is the responsibility of the federal, state, and tribal governments in providing for the K-12 educational interests of American Indian tribal citizens within the State of Michigan?  Based on the data generated in this study, several key points were made regarding each level of government.  For a conceptual model of the areas of responsibility see Appendix E.

Michigan Indian Education as a Tribal Responsibility

It is asserted here that the tribes in Michigan have a responsibility to work to resolve their legal/political identity as part of the Anishinaabe Three Fires Confederacy in cooperation with other Anishinaabe tribes in the United States and First Nations in Canada.  This would help to clarify the overall treaty basis of Anishinaabe education in Michigan. This may also help the tribes as they begin to develop tribal standards or codes for the education of Anishinaabek citizens. An understanding of the legal and political basis of American Indian education in general or tribal education in specific can and should inform and be informed by the educational practices of the tribes. Outstanding educational treaty educational obligations should be referenced in policy making, grant writing, government-to-government relations, and tribal curriculum development initiatives. 

Michigan Indian Education as a Federal Responsibility

The federal U.S. government has a trust responsibility to assist and protect the Anishinaabe tribes’ interest in the education of Anishinaabe citizens, and a responsibility to uphold its end of treaties that were made in good faith between sovereign governments.  The federal government also has a responsibility to enforce the terms of the Comstock Agreement.  It should remind the State of Michigan that any federal spending on Indian education in this state is a bonus, not as a replacement for what the State is obligated to.  The United States also has a responsibility to ensure that the State of Michigan includes the tribes in governance decisions that impact the education of Anishinaabe citizens and ultimately Anishinaabe tribes. The federal government should oversee a clarification process to determine the legal and political basis of American Indian education within the State of Michigan.

Michigan Indian Education as a State Responsibility

The State of Michigan, in this instance, should be seen as an agent of the Federal Government, and as such it has a responsibility to uphold its end of the Comstock Agreement.  The State should work cooperatively with the tribes and federal government to clarify the legal and political basis of American Indian education in the State of Michigan. As tribes move forward in development of their own standards for education of Anishinaabe tribal citizens in the State of Michigan, the State should, at the very least, seek to fulfill the obligations it accepted as part of the Comstock Agreement of 1934.  The State also has responsibility to redress the negligence of the State since 1934 by providing compensatory educational programs based on the body of obligations set forth by treaty. The compensatory programs should be developed in conjunction with tribes through their tribal departments of education.

The responsibilities of the tribes, federal, and state governments for the education of Anishinaabe citizens is also impacted by the constitutions of each form of government, as Anishinaabe citizens are also considered U.S. citizens and subsequently citizens of the states in which they live.  As such, what is afforded to all citizens of the U.S. and citizens of the State of Michigan should be afforded to Anishinaabe citizens living within the State as well.  Put differently, the general provision of education by federal and state governments should be seen as a bare minimum of education for all citizens of the state, but should not preclude the federal and state governments from upholding added responsibilities for the education of Anishinaabe citizens based on aboriginal and treaty rights and subsequent federal and state Indian education legislation. 

Implications for School Policy

The following are implications for school policy, and have been generalized to all schools regardless of tribe or state location.  They are based on the outcomes of this study.

1. Indian education, whether implemented in a tribal school, public, or private school, when rooted in treaty rights, must be protected under the trust responsibilities of the United States.

2. Where general school policy is contrary to the treaty rights of American Indian tribes and individuals, the policy must be modified to allow for an exception to be in compliance with the Constitutional protections set forth under the Supremacy Clause.

3. To avoid conflicts with treaty rights to tribal control, school boards should develop proactive policies regarding the inclusion of American Indian tribes, tribal citizens, content, methods, and philosophies in their schools.

4. School leadership should communicate with other school leadership, tribal, state, and federal lawmakers, administrators, the judiciary, Indian education organizations, and higher education entities about policy issues they face in their schools due to cross-cultural legal and political misunderstandings based on treaty rights. School leadership should also share information about policy initiatives that have improved cross-cultural legal and political relations with the entities previously mentioned.

Implications for School Practice

The following are implications for school practice.  Similar to the implications for school policy, they are applicable to a generalized audience regardless of tribe and state location.  They are also based on the outcomes of this study.

1. American Indian tribal rights, including both aboriginal and treaty rights, to govern over the education of their citizens should be acknowledged by federal and state entities and school leadership. 

2. Regardless of the prevailing politics, school leadership should uphold the principles of law, including treaty educational provisions.

3. While it may be easier to integrate tribal educational interests in tribal schools, all schools should be aware of how they are including, or excluding, content regarding the place of American Indian treaties in our society.

4. The fulfillment of treaty educational obligations as a trust responsibility should necessitate the training of teachers and administrators to address the unique culturally related educational needs of American Indian students.

Recommendations and Conclusion

Finally, based on the historical interactions between the Anishinaabe Three Fires Confederacy, the United States, and the State of Michigan, and the findings of this study, the researcher makes the following recommendations for further study:

1. Each treaty provision included in this study should be further researched to determine if it has been fulfilled through appropriations under laws other than those included in this study.  The same model should be applied to each mechanism to provide greater reliability.

2. The outcomes of this study should be compared with other like studies in the future to determine the validity of the findings.

3. The change in value of educational provisions from the time the treaties included in this study were written should be further researched to determine a more precise level of educational obligation.

4. Historical Anishinaabe perspectives on education, teachers, and other ambiguous terms from the time the treaties were written should be further researched and compared to current Anishinaabe perspectives on the same.

The outcomes of this study provide evidence that the US remains obligated to providing for the educational interests of tribes like the Anishinaabek based on treaty educational obligations, subsequent federal legislation, and the tribal trust relationships established throughout the history of the United States.  It also provides a model for subsequent studies for other tribes in different states with their own treaty base and unique tribal/federal/state relations.

References

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Appendix A

Treaty Provisions Tables

Treaty #

Treaty

Treaty 1

Treaty with the Wyandot, Etc. 1817

Treaty 2

Treaty with the Ottawa, Etc. 1821

Treaty 3

Treaty with the Chippewa, 1826

Treaty 4

Treaty with the Potawatomi, 1826

Treaty 5

Treaty with the Chippewa, Etc. 1827

Treaty 6

Treaty with the Potawatomi, 1828

Treaty 7

Treaty with the Chippewa, Etc. 1833

Treaty 8

Treaty with the Ottawa, Etc. 1836

Treaty 9

Treaty with the Chippewa (Detroit), 1837

Treaty 10

Treaty with the Chippewa (St. Peters), 1837

Treaty 11

Treaty with the Chippewa, 1842

Treaty 12

Treaty with the Potawatomi Nation, 1846

Treaty 13

Treaty with the Chippewa of the Mississippi and Lake Superior, 1847

Treaty 14

Treaty with the Chippewa, 1854

Treaty 15

Treaty with the Chippewa, 1855

Treaty 16

Treaty with the Ottawa and Chippewa, 1855

Treaty 17

Treaty with the Chippewa of Saginaw, Etc. 1855

Treaty 18

Treaty with the Chippewa, Etc. 1859

Treaty 19

Treaty with the Ottawa of Blanchard's Fork and Roche de Boeuf, 1862

Treaty 20

Treaty with the Chippewa of the Mississippi and the Pillager and Lake Winnibigoshish Bands, 1863

Treaty 21

Treaty with the Chippewa-Red Lake and Pembina Bands, 1863

Treaty 22

Treaty with the Chippewa, Mississippi, and Pillager and Lake Winnibigoshish Bands, 1864

Treaty 23

Treaty with the Chippewa of Saginaw, Swan Creek, and Black River, 1864

Treaty 24

Treaty with the Chippewa-Bois Fort Band, 1866

Treaty 25

Treaty with the Potawatomi, 1867

Treaty 26

Treaty with the Chippewa of the Mississippi, 1867

     


Treaty #

Monetary Provisions

Ambiguous Annuity

Modern Day Equivalent

Specific Annuity Total

Modern Day Equivalent

One-Time Cash Payment

Modern Day Equivalent

Treaty 1

 

 

 

 

 

 

Treaty 2

 

 

$30,000

$364,864

 

 

Treaty 3

$1,000

$17,857

 

 

 

 

Treaty 4

$2,000

$35,714

 

 

 

 

Treaty 5

$1,500

$22,543

$3,000

$45,086

 

 

Treaty 6

$1,000

$18,519

 

 

 

 

Treaty 7

 

 

 

 

$70,000

$1,458,333

Treaty 8

$100,000

$1,648,717

 

 

 

 

Treaty 9

 

 

 

 

 

 

Treaty 10

 

 

$190,000

$3,454,545

 

 

Treaty 11

 

 

$50,000

$1,086,957

 

 

Treaty 12

 

 

 

 

 

 

Treaty 13

 

 

 

 

 

 

Treaty 14

 

 

$60,000

$1,250,000

 

 

Treaty 15

 

 

$60,000

$1,224,490

 

 

Treaty 16

 

 

$80,000

$1,632,653

 

 

Treaty 17

 

 

$30,000

$612,245

 

 

Treaty 18

 

 

 

 

$2,000

$42,553

Treaty 19

 

 

 

 

 

 

Treaty 20

$1,000

$17,049

 

 

 

 

Treaty 21

 

 

$100,000

$1,388,889

 

 

Treaty 22

$1,000

$13,828

 

 

 

 

Treaty 23

 

 

$20,000

$222,222

 

 

Treaty 24

 

 

$16,000

$175,820

$1,300

$14,286

Treaty 25

 

 

 

 

 

 

Treaty 26

 

 

$40,000

$476,190

$5,000

$59,524

Totals

$107,500

$1,774,227

$679,000

$11,933,961

$78,300

$1,574,696

Modern Day Equivalents Total: $15,282,884



Treaty #

Primary Non-Monetary Provisions

Education / Training

Schools

Teachers

Blacksmith /

Land

Books / Native Language

Tribal Control/Indian Preference

Laborer

Treaty 1

X

 

 

 

 

 

 

Treaty 2

X

 

X

X

X

 

 

Treaty 3

 

X

 

 

X

 

 

Treaty 4

X

 

 

 

 

 

 

Treaty 5

X

 

 

 

 

 

 

Treaty 6

X

 

 

 

 

 

 

Treaty 7

X

 

 

 

 

 

 

Treaty 8

X

X

X

 

 

X

 

Treaty 9

X

 

 

 

 

 

 

Treaty 10

 

X

 

 

 

 

 

Treaty 11

 

X

 

 

 

 

 

Treaty 12

 

 

 

 

 

 

X

Treaty 13

 

X

X

X

 

 

X

Treaty 14

X

X

 

 

 

 

 

Treaty 15

X

 

X

X

 

 

X

Treaty 16

X

 

 

 

X

 

X

Treaty 17

X

 

 

 

X

 

 

Treaty 18

X

X

 

 

X

 

 

Treaty 19

X

X

 

 

X

 

X

Treaty 20

X

 

 

 

 

 

 

Treaty 21

X

 

 

 

 

 

 

Treaty 22

X

 

 

 

 

 

 

Treaty 23

X

X

 

 

X

 

X

Treaty 24

X

X

X

 

 

X

X

Treaty 25

 

 

 

 

X

 

 

Treaty 26

 

X

 

 

 

 

 


Treaty #

Relevance to Michigan Tribes

Michigan Specific

Michigan Non-Specific

Non-Michigan Non-Specific

Non-Michigan Specific

Treaty 1

 

X

 

 

Treaty 2

 

X

 

 

Treaty 3

 

X

 

 

Treaty 4

 

 

X

 

Treaty 5

 

X

 

 

Treaty 6

 

X

 

 

Treaty 7

 

 

X

 

Treaty 8

 

X

 

 

Treaty 9

X

 

 

 

Treaty 10

 

 

X

 

Treaty 11

X

 

 

X

Treaty 12

 

 

X

 

Treaty 13

 

 

 

X

Treaty 14

 

 

 

X

Treaty 15

 

 

 

X

Treaty 16

 

X

 

 

Treaty 17

X

 

 

 

Treaty 18

 

 

 

X

Treaty 19

 

 

 

X

Treaty 20

 

 

 

X

Treaty 21

 

 

 

X

Treaty 22

 

 

 

X

Treaty 23

X

 

 

 

Treaty 24

 

 

 

X

Treaty 25

 

 

X

 

Treaty 26

 

 

 

X


Treaty #

Anishinaabe Tribes Included

Chippewa

Ottawa

Potawatomi

Treaty 1

X

X

X

Treaty 2

 

X

X

Treaty 3

X

 

 

Treaty 4

 

 

X

Treaty 5

X

 

 

Treaty 6

 

 

X

Treaty 7

X

X

X

Treaty 8

X

X

 

Treaty 9

X

 

 

Treaty 10

X

 

 

Treaty 11

X

 

 

Treaty 12

X

X

X

Treaty 13

X

 

 

Treaty 14

X

 

 

Treaty 15

X

 

 

Treaty 16

X

X

 

Treaty 17

X

 

 

Treaty 18

X

 

 

Treaty 19

 

X

 

Treaty 20

X

 

 

Treaty 21

X

 

 

Treaty 22

X

 

 

Treaty 23

X

 

 

Treaty 24

X

 

 

Treaty 25

 

 

X

Treaty 26

X

 

 


Treaty #

Michigan Federally Recognized Tribes Included in Treaties

State Recognized

BM

GL

GT

HI

HP

KB

LR

LT

PB

SC

SS

BL

GR

SB

Treaty 1

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Treaty 2

 

X

X

X

X

 

X

X

X

 

 

X

X

 

Treaty 3

X

 

X

 

 

X

 

 

 

X

X

X

 

X

Treaty 4

 

X

 

X

X

 

 

 

X

 

 

 

 

 

Treaty 5

X

 

X

 

 

X

 

 

 

X

X

X

 

X

Treaty 6

 

X

 

X

X

 

 

 

X

 

 

 

 

 

Treaty 7

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Treaty 8

X

 

X

 

 

X

X

X

 

X

X

X

X

X

Treaty 9

 

 

 

 

 

 

 

 

 

X

 

 

 

X

Treaty 10

X

 

X

 

 

X

 

 

 

X

X

X

 

X

Treaty 11

 

 

 

 

 

X

 

 

 

 

 

 

 

 

Treaty 12

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Treaty 13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Treaty 14

 

 

 

 

 

X

 

 

 

 

 

 

 

 

Treaty 15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Treaty 16

X

 

X

 

X

X

X

X

 

X

X

X

X

X

Treaty 17

 

 

 

 

 

 

 

 

 

X

 

 

 

X

Treaty 18

 

 

 

 

 

 

 

 

 

 

 

 

 

X

Treaty 19

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Treaty 20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Treaty 21

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Treaty 22

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Treaty 23

 

 

 

 

 

 

 

 

 

X

 

 

 

X

Treaty 24

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Treaty 25

 

X

 

X

X

 

 

 

X

 

 

 

 

 

Treaty 26

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B

Trust Criteria

The following trust criteria originate from the American Indian trust doctrine, and are in line with current discussions of the status of American Indian trust relationships with the United States.  Special thanks to Judge William Canby of the 9th U.S. Circuit Court of Appeals, and Staff Attorney Melody McCoy of Native American Rights Fund for acting as a review committee regarding trust criteria.

general trust –obligates the Federal Government to act in the best interest of American Indian tribes for some purpose in a vague and ambiguous sense.  Does not indicate a fiduciary duty, as in the case of Executive Order 13175 signed by President Clinton in the year 2000.

limited trust –obligates the Federal Government to act in the best interest of American Indian tribes in a specific sense short of fiduciary responsibilities, as in the case of the General Allotment Act, 25 U.S.C. § 348.

express fiduciary trust –obligates the Federal Government to act in the best interest of American Indian tribes with specific responsibilities including fiduciary duties, as in the case of the Indian Long-Term Leasing Act, 25 U.S.C. § 396.

implicit fiduciary trust –obligates the Federal Government to act in the best interest of American Indian tribes based on the fact that the Federal Government clearly maintains, or has maintained, control or supervision over American Indian tribal resources.  In such an instance, the level of control should exceed the level considered limited as in the first Mitchell case. An example of an implicit trust situation is found in the recent case Cobell v. Norton (No. 96-1285), where the Department of Interior has argued that common law fiduciary duties do not apply to the Indian trust fund.  US District Judge Lamberth suggests otherwise in stating that the range of duties for the Department and the nature of such duties “are coextensive with the duties imposed upon trustees at common law.”

Appendix C

Scoring Criteria for Relationships with Treaties and Tribes

The criteria utilized in determining the relationship with tribes score are as follows:

0= Law does not require specific interaction with American Indian tribes or tribal citizens

1= Law requires specific interaction with American Indian tribal citizens in general, but does not require specific interaction with American Indian tribes

2= Law requires specific interaction with an American Indian tribe or tribes in general

3= Law requires tribal consultation prior to implementation

4= Law empowers tribes with decision making authority and resources necessary to implement the act

The criteria utilized in determining the relationship with treaties score are as follows:

0= Legislative history of law is not clearly linked to treaty obligations

1= Legislative history of law is clearly linked to treaty obligations

2= Law includes wording about its treaty basis

3= Law includes wording about its intent to satisfy treaty obligations in general

4= Law includes wording about its intent to satisfy specific treaty obligations

Appendix D
Treaty/Trust/Search Hits Table

Treaty

Type of Trust Established

Search Hits

Specific Terms

Similar Terms

Conceptual Clusters

General

Limited

Express

Implicit

IEA

ISDEA

IDEA

IEA

ISDEA

IDEA

IEA

ISDEA

IDEA

1

x

 

 

 

0

0

3

103

50

839

4

11

48

2

 

x

x*

 

4

0

44

0

11

6

8

14

26

3

 

x

x*

x

29

51

70

0

40

22

3

8

21

4

 

 

x*

x

33

38

365

71

12

516

4

11

48

5

 

 

x*

x

33

38

365

71

12

516

4

11

48

6

 

 

x*

x

33

38

365

71

12

516

4

11

48

7

 

 

x

 

33

38

365

71

12

516

4

11

51

8

 

 

x*

x

66

78

479

71

16

542

13

17

86

9

 

 

x

 

33

38

365

71

12

516

4

11

48

10

 

 

x*

 

29

40

70

0

4

20

3

4

21

11

 

 

x*

 

29

40

70

0

4

20

3

4

21

12

 

 

x

 

0

0

0

1

1

0

5

5

9

14

 

 

x*

 

62

78

435

71

16

536

7

15

69

16

 

x

x*

 

62

78

435

72

17

536

12

20

78

17

 

x

x*

 

33

49

365

71

48

518

4

15

48

23

 

x

x

 

29

40

70

1

5

20

8

9

30

Appendix E
Treaty 2

Terms for Treaty with the Ottawa, Etc., 1821, Article 4:

annually, for a term of ten years, the sum of fifteen hundred dollars…in the support of a Blacksmith, of a Teacher, and of a person to instruct the Ottawas in agriculture…also… to pay to the Potawatamie nation… annually, for the term of fifteen years, the sum of one thousand dollars… in the support of a Blacksmith and a Teacher. And one mile square shall be selected…on the north side of the Grand River, and one mile square on the south side of the St. Joseph, and within the Indian lands…upon which the…teachers employed for the said tribes, respectively, shall reside.

Hits

IEA

ISDEA

IDEA

Specific Term(s):

4

0

44

A. Teacher

4

0

44

B. a person to instruct the Ottawas in agriculture

0

0

0

C. Blacksmith

0

0

0

D. one mile square shall be selected…on the north side of the Grand River, and one mile square on the south side of the St. Joseph, and within the Indian lands…upon which the…teachers employed for the said tribes, respectively, shall reside.

0

0

0

Similar Term(s):

0

11

6

A. Educator (S)

0

0

3

A. Tutor (S)

0

0

0

A. Instructor (S)

0

0

0

A. Coach (S)

0

0

0

A. Trainer (S)

0

0

0

A. Lecturer (S)

0

0

0

A. Professor (S)

0

0

1

A. Governess (S)

0

0

0

A. Educationalist (S)

0

0

0

A. Schoolteacher (S)

0

0

0

A. Teacher Training (*)

0

0

2

B. Agricultural Instruction (*)

0

0

0

C. General Maintenance Personnel (*)

0

0

0

D. Land (*)

0

11

0

D. Residential location for Teachers(*)

0

0

0

Conceptual Cluster(s):

8

14

26

A.

4

1

12

B.

4

1

12

C.

0

6

1

D.

0

6

1

A. & B. the training of Indian persons as educators and counselors, and in other professions serving Indian people (IEA)

A. & B. professional development opportunities that will be provided, as needed, to ensure that — (A) teachers and other school professionals who are new to the Indian community are prepared to work with Indian children; and

(B) all teachers who will be involved in programs assisted under this subpart have been properly trained to carry out such programs (IEA)

A. & B. activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency (IEA)

A. & B. activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors. (IEA)

C. The Secretary of the Interior is authorized, upon the request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to section 13 of this title, and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for - (1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources); (ISDEA)

C. The Secretary shall compensate each Indian tribe or tribal organization that enters into a lease under paragraph (1) for the use of the facility leased for the purposes specified in such paragraph. Such compensation may include rent, depreciation based on the useful life of the facility, principal and interest paid or accrued, operation and maintenance expenses, and such other reasonable expenses that the Secretary determines, by regulation, to be allowable. (ISDEA)

D. the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within Indian country (as defined in chapter 53 of title 18) or which adjoins on at least two sides lands held in trust by the United States or the tribe or for individual Indians, the Secretary of [1] Interior may (upon request of the tribe) acquire such land in trust for the tribe. (ISDEA)

C. & D. the appropriate Secretary may - (1) permit an Indian tribe or tribal organization in carrying out such contract or grant, to utilize existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within the Secretary's jurisdiction under such terms
and conditions as may be agreed upon for their use and maintenance; (ISDEA)

D. donate to an Indian tribe or tribal organization title to any personal or real property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration (ISDEA)

D. The Secretary of the Interior may accept donations of funds or other property for the advancement of the Indian race, and he may use the donated property in accordance with the terms of the donation in furtherance of any program authorized by other provision of law for the benefit of Indians. (ISDEA)

A., B. & C. The Secretary of the Interior is authorized, in his discretion, to enter into a contract or contracts with any State or Territory, or political subdivision thereof, or with any State university, college, or school, or with any appropriate State or private corporation, agency, or institution, for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory, through the agencies of the State or Territory or of the corporations and organizations hereinbefore named, and to expend under such contract or contracts, moneys appropriated by Congress for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory. (ISDEA)

C. & D. The Secretary of the Interior, in making any contract authorized by sections 452 to 457 of this title, may permit such contracting party to utilize, for the purposes of said sections, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance. (ISDEA)

C. & D. The Secretary is authorized to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. (ISDEA)

A. & B. to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting systemic‑change activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services (IDEA)

C. & D. If the Secretary determines that a program authorized under this Act would be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes. (IDEA)

A. & B. The purpose of this subpart is to assist State educational agencies, and their partners referred to in section 652(b), in reforming and improving their systems for providing educational, early intervention, and transitional services, including their systems for professional development, technical assistance, and dissemination of knowledge about best practices, to improve results for children with disabilities. (IDEA)

A. & B. Notwithstanding any other provision of law, and in addition to any authority granted the Secretary under chapter 1 or chapter 2, the Secretary may use up to 20 percent of the funds available under either chapter 1 or chapter 2 for any fiscal year to carry out any activity, or combination of activities, subject to such conditions as the Secretary determines are appropriate effectively to carry out the purposes of such chapters, that ‑‑ (1) is consistent with the purposes of chapter 1, chapter 2, or both; and (2) involves ‑‑ (A) research; (B) personnel preparation; (C) parent training and information; (D) technical assistance and dissemination; (E) technology development, demonstration, and utilization; or (F) media services. (IDEA)

A. & B. The purpose of this chapter is to provide Federal funding for coordinated research, demonstration projects, outreach, and personnel‑preparation activities that ‑‑ (1) are described in sections 672 through 674; (2) are linked with, and promote, systemic change; and (3) improve early intervention, educational, and transitional results for children with disabilities. (IDEA)

A. & B. Demonstrating and applying research‑based findings to facilitate systemic changes, related to the provision of services to children with disabilities, in policy, procedure, practice, and the training and use of personnel. (IDEA)

A. & B. The Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, eligible entities ‑‑(1) to help address State‑identified needs for qualified personnel in special education, related services, early intervention, and regular education, to work with children with disabilities; and (2) to ensure that those personnel have the skills and knowledge, derived from practices that have been determined, through research and experience, to be successful, that are needed to serve those children. (IDEA)

A. & B. Activities that may be carried out under this subsection include activities such as the following: (A) Preparing persons who ‑‑ (i) have prior training in educational and other related service fields; and (ii) are studying to obtain degrees, certificates, or licensure that will enable them to assist children with disabilities to achieve the objectives set out in their individualized education programs described in section 614(d), or to assist infants and toddlers with disabilities to achieve the outcomes described in their individualized family service plans described in section 636. (B) Providing personnel from various disciplines with interdisciplinary training that will contribute to improvement in early intervention, educational, and transitional results for children with disabilities. (C) Preparing personnel in the innovative uses and application of technology to enhance learning by children with disabilities through early intervention, educational, and transitional services. (D) Preparing personnel who provide services to visually impaired or blind children to teach and use Braille in the provision of services to such children. (E) Preparing personnel to be qualified educational interpreters, to assist children with disabilities, particularly deaf and hard‑of‑hearing children in school and school‑related activities and deaf and hard‑of‑hearing infants and toddlers and preschool children in early intervention and preschool programs. (F) Preparing personnel who provide services to children with significant cognitive disabilities and children with multiple disabilities. (IDEA)

A. & B. Activities that may be carried out under this subsection include activities such as the following: (A) Preparing personnel at the advanced graduate, doctoral, and postdoctoral levels of training to administer, enhance, or provide services for children with disabilities. (B) Providing interdisciplinary training for various types of leadership personnel, including teacher preparation faculty, administrators, researchers, supervisors, principals, and other persons whose work affects early intervention, educational, and transitional services for children with disabilities. (IDEA)

A. & B. The Secretary may include funds for scholarships, with necessary stipends and allowances, in awards under subsections (b), (c), (d), and (e). (IDEA)

A. & B. The purposes of this chapter are to ensure that ‑‑ parents, teachers, administrators, early intervention personnel, related services personnel, and transition personnel receive coordinated and accessible technical assistance and information to assist such persons, through systemic‑change activities and other efforts, to improve early intervention, educational, and transitional services and results for children with disabilities and their families; (IDEA)

A. & B. The Secretary may make grants to, and enter into contracts and cooperative agreements with, local parent organizations to support parent training and information centers that will help ensure that underserved parents of children with disabilities, including low‑income parents, parents of children with limited English proficiency, and parents with disabilities, have the training and information they need to enable them to participate effectively in helping their children with disabilities (IDEA)

A. & B. The Secretary may, directly or through awards to eligible entities, provide technical assistance for developing, assisting, and coordinating parent training and information programs carried out by parent training and information centers receiving assistance under sections 682 and 683. (IDEA)

Key:

(S)= Microsoft Word Synonym

(R)= Microsoft Word Related Term

(*)= Researcher Identified Similar Term

(IEA)= Indian Education Act

(ISDEA)= Indian Self Determination & Education Assistance Act

Appendix G

Conceptual Model

Drawing on Deloria’s (1974) suggestion that there must be clarification of the rights of tribal citizens in their relations with state governments, and Petoskey’s (2000) conceptual model used to show the relationship between tribal, federal, and state governments, the legal educational responsibilities of each government for American Indian tribes and people are placed in the appropriate areas of the figure shown on the following page.

Included in the figure are three concentric circles representing the three members of our national family of governments (tribal, federal and state), and seven blocks representing the different areas of governmental responsibility for Michigan Indian education (tribal/federal, federal/state, state/tribal, and the area of tri-lateral responsibility or tribal/federal/state).   This model could also be used to show the agencies that are responsible for Michigan Indian education under each government.  For instance, tribal departments of education or whatever agency represents education for the tribes and the Bureau of Indian Affairs (BIA) could be included in the tribal/federal area, or the U.S. Department of Education (DOE) and the State Education Agency (SEA) in the federal/state area.  The area of tri-lateral responsibility, is arguably the most important area as far as its implications for the future of American Indian education in Michigan, since most tribal citizens are educated in public schools operated by the state, and the federal government continues to encourage tribal/state agreements.  This area also represents the area of primary growth during the current era.

Due to the nature of this area, it is perhaps also the grayest area of responsibility for American Indian education in Michigan, as it has yet to be debated--who has jurisdiction over what--in this mix.

While it isn’t as easy to provide clear examples of agencies or policies that fall into the area of tri-lateral responsibility as it is in the other areas, there are a few examples that should be considered.  One example is the combined tribal/federal/state schools that have appeared on the scene recently, like the Bahweting Anishinabe Public School Academy (PSA) in Sault Ste. Marie, Michigan.  This school is owned by the Sault Ste. Marie Tribe of Chippewa Indians, governed by tribal citizens, received a charter and receives funding from the Bureau of Indian Affairs, and received a charter and funding from the State of Michigan.  According to both school administrators and BIA representatives, the lines of jurisdiction are unclear, overlapping, and the focus of ongoing investigations (Oshelski, personal communication, 1999; Van Alstine, personal communication, 1999; Whitehorn, personal communication, 1999).  Another example is the Indian Education Act, which provides funding for American Indian student educational programming at tribal, federal, and state operated institutions.


Appendix H
Anishinaabe Tribal Schools U.S.A.

Tribally Operated School

Prelim student Count Sep. 2002

Governing Tribe

IEA Funding

ISDEA Funding

IDEA Funding

 

(Glen Allison, 2002) BIA

 

DOE, 2001

(Joe Herrin, 2003, 2002) BIA

Bahweting

152

Sault Ste. Marie Tribe of Chippewa Indians

$39,680.00

$210,300.00

$198,665.00

Bug-o-nay-ge-shig

264

Leech Lake Band of Ojibwe

$59,987.00

$161,700.00

$376,869.00

Circle of Life

135

White Earth Band of Chippewa

$34,816.00

$100,570.00

$202,480.00

Fond Du Lac Ojibwe School

192

Fond Du Lac Band of Chippewa

$35,757.00

$98,900.00

$480,002.00

Hannahville (Nah Tah Wahsh)

141

Hannahville Indian Community

$38,340.00

$16,266.00

$558,257.00

Lac Courte Oreilles

244

Lac Courte Orielles Band of Lake Superior Chippewa

$74,891.00

$83,144.00

$447,914.00

Nay-ah-shing

246

Mille Lacs Band of Ojibwe

$54,106.00

$48,900.00

$411,392.00

Ojibwa Indian School

331

Turtle Mountain Band of Chippewa Indians

$64,280.00

$39,345.00

$163,000.00

Dunseith

144

Turtle Mountain Band of Chippewa Indians

$101,455.00

 

$279,008.00

Turtle Mountain Schools:

 

Turtle Mountain Band of Chippewa Indians

$322,130.00

 

 

Elementary

604

 

 

 

$439,310.00

Middle

334

 

 

 

$279,500.00

High School

578

 

 

 

$492,400.00

Trenton

63

Turtle Mountain Band of Chippewa Indians

$0.00

$14,936.00

$63,600.00

Totals

3428

 

$825,442.00

$774,061.00

$4,392,397.00

 

 

Total Combined Funding $7,591,403

 

 

 

Michigan Tribal Schools Total

 

 

$78,020.00

$226,566.00

$756,922.00

Michigan total

 

 

$3,582,235.00

$269,466.00

$756,922.00

 

 

Three Acts Funding Per Capita Per Student $2214.53

 

 

 

1Martin J. Reinhardt, Ph.D. (Anishinaabe Ojibway) is a Assistant Professor of Native American studies at Northern Michigan University.

2John W. Tippeconnic III, Ph.D. (Comanche) is a Professor and Director of the American Indian Studies Program at Arizona State University.

Reinhardt-TreatyBasisofMichiganIndianEducation.pdf (604.04 kb)

Cultural genocide in Australia, Canada, New Zealand, and the United States

by Indigenous Policy Journal 8. December 2010 19:16

Click here to download article in PDF format

Cultural genocide in Australia, Canada, New Zealand, and the United States: The destruction and transformation of Indigenous cultures.

Jon Reyhner1 and Navin Kumar Singh2

Polish scholar and attorney Raphaël Lemkin coined the word genocide in his 1944 book Axis Rule in Occupied Europe and defined it as,

a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves…. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups….
Genocide has two phases: one, destruction of the national pattern of the oppressed group; the other, the imposition of the national pattern of the oppressor. (Lemkin 1944, 79)

This definition includes ethnocide or cultural genocide, the destruction of a people’s culture (see Nersessian 2005).

This article focuses on the impact of cultural genocide on the Indigenous populations of four former English colonies--Australia, Canada, New Zealand, and the United States of America (USA)--and current efforts to heal the wounds caused by this genocidal activity. Cultural genocide is much more widespread and ongoing than the murder of ethnic minorities, and in the four countries under discussion government policies promoted English-only schooling and conversion to Christianity, making schools instruments of cultural genocide. If indigenous students resisted, they were further marginalized and if they attempted assimilation they often found that their skin color still excluded them from full citizenship.

Some people think that democracies are immune to genocide, but through the “tyranny of the majority” laws can be passed that suppress minority languages and cultures as do the various “English-only” and “Official English” laws in effect in some states in the USA today (e.g. Crawford 2000). Lemkin in his original discussion of genocide included the “prohibition of the use of their own language by the population of an occupied country” (Lemkin 1944, ix). The 1868 Report of the U.S. Indian Peace Commission stated, “Schools should be established, which [American Indian] children should be required to attend; their barbarous dialect should be blotted out and the English language substituted.” Besides suppressing indigenous languages, colonial governments suppressed Indigenous cultural practices, including Potlatches, Sun Dances, and other religious activities.

Since the End of World War II and Lemkin’s defining of the crime of genocide the United Nations (UN) has issued a series of declarations promoting human rights, condemning various forms of genocide, and affirming the rights of ethnic minorities and indigenous peoples to self-governance. The most recent of these declarations is the 2007 Declaration on the Rights of Indigenous Peoples, which only Australia, Canada, New Zealand, and the USA voted against. Since then Australia and New Zealand have reversed their positions and Canada and the USA are currently reassessing their positions. These four English dominant countries have a history of English-only assimilationist education dating to the nineteenth century and before.3 Unlike most colonized countries in Africa and Asia where the colonized populations have largely taken back control from the colonizers, the settler population in these four democracies rapidly “out-populated” the Indigenous peoples so that when the colonized groups finally got to vote in the twentieth century, they could be outvoted in any but very local elections in what attorney Lani Guinier has called the “tyranny of the majority” (Guinier 1994).

European immigrants, with more efficient agricultural practices that could support larger populations tended to displace Indigenous populations. Such displacement is not new. Herders of cattle and other animals tend to displace Indigenous hunter-gatherers because herding can allow for denser populations, and farmers displace herders because farming can support even larger populations if the land is arable. That larger population, constantly added to by immigration from Europe in the case of the four countries under discussion here, usually overran the Indigenous populations, killing or pushing them aside. Besides the experiences by Indigenous peoples in Asia and Africa, the continued existence of the New Mexico Pueblos, shows that it was harder to displace settled Indigenous farming populations. Added to the population pressures of immigrants to Australia, New Zealand, and the Americas was the depopulation that occurred because of virgin ground epidemics killing many Indigenous people.?4

However, to describe the settler population as merely greedy power hungry rulers interested in overrunning Indigenous peoples is to ignore that many were Emma Lazarus’s “huddled masses” and “wretched refuse” displaced from Europe, like the Indigenous people of Ireland escaping the potato famine that was exacerbated by the policies of their English colonial rulers. Trying to survive themselves, they helped threatened the survival of the Indigenous peoples of the Americas.

Cultural change for Indigenous peoples, but not cultural genocide, was a given considering the many attractive things that European technology had to offer Indigenous peoples. Some cultural changes are voluntary; Indigenous people when they got a chance tended to quickly adopt guns, metal utensils, and horses that made hunting and other aspects of their lives easier. Today, it is electricity, running water, and automobiles that make life easier and presuppose living in a modern cash economy. These cultural adoptions could change Indigenous life radically as was the case with Plains Indians in the Americas adopting the horse to make hunting buffalo easier. Militarily defeated tribes sometimes voluntarily adopted Christianity, because its god appeared to be stronger than theirs, as shown by their prayers for victory not being answered. Sequoyah, a Cherokee, invented a syllabary to allow Cherokee to be a written language because of the advantages he saw that literacy gave the colonists.

To fully take advantage of all the labor saving technology brought by the colonists, some education was indispensable. Education is offered to Indigenous peoples by nation states in the name of progress and “civilization” and can be welcomed. As Gay J. McDougall noted in 2009,

As the UN Independent Expert on Minority Issues, over the past three years I have travelled to countries in practically every region of the world. I have talked extensively to people who belong to disadvantaged minorities on every continent. When I ask them to tell me their greatest problem, their most deeply felt concern, the answer is always the same. They are concerned that their children are not getting a quality education because they are minorities. They see educating their children as the only way out of their poverty; their under-dog status, their isolation. (McDougall 2009, 7)

Such education allows Indigenous children to survive in the modern world and brings about cultural change of necessity. Warnings about the loss of Indigenous cultures, often focused on language loss, are increasing exponentially as the globalization breaks down the isolation that in the past protected Indigenous populations. The National Geographic Society’s Enduring Voices Project notes,

Every 14 days a language dies. By 2100, more than half of the more than 7,000 languages spoken on Earth--many of them not yet recorded--may disappear, taking with them a wealth of knowledge about history, culture, the natural environment, and the human brain. (National Geographic Society 2009)5

Automobiles, airplanes, radio, television, and now the Internet, all things Indigenous people can embrace voluntarily, are rapidly breaking down the protective isolation that, even in the Amazon basin and the far north, allowed many Indigenous cultures to survive into the twentieth century. However globalization has also allowed Indigenous peoples across the planet to learn from each other’s experiences and to lobby for support from the UN and other supranational bodies, which they often do not get locally because they often represent only a small minority of their country’s population.

With cultural change inevitable for all people, when does that change become cultural genocide? A key question is whether the change is forced, especially in schools. What say do students’ families and communities have in determining the kind of education their children receive? Especially important today is whether a national language and culture is taught as a replacement for or an addition to students’ Indigenous language and culture. In the words of the USA’s National Association for Bilingual Education and similar organizations, is it an “English Plus” or an “English Only” schooling that is being offered?

Too often, schooling is a matter of cultural genocide because it is presented as, and often accepted as by students and their families, an either/or proposition as indicated in the title of Karen Stocker’s 2005 book I Won’t Stay Indian, I’ll Keep Studying. Stocker examined in Costa Rica a problem shared by Indigenous peoples worldwide that “the label Indian had connotations of backwardness and even inferior intellect…. Being Indian automatically set students up for being treated as inferior” and that “for most students from the [Indian] reservation, projecting an Indian identity seemed incompatible with school success” (Stocker 2005, 2). With this explanation one could argue it is a matter of cultural suicide rather than cultural genocide, but this is because colonial schooling tends to present a false dichotomy that one must choose the modern world and some “world language,” often English, or remain “savage” or at least “backward” second-class citizens.

However, cultural change through schooling was much more than just “assisted suicide” for Indigenous peoples. The ethnocentric attitude of the colonizers was, while not universal, near universal. While there were a few isolated culturally sensitive recognition of strengths in Indian cultures6 there was the pervasive contrasting of “civilization” with Indigenous “savagery.” As teacher and Indian agent Albert H. Kneale noted, the U.S. government’s Indian Bureau “went on the assumption that any Indian custom was, per se, objectionable, whereas the customs of whites were the ways of civilization” (Kneale 1950, 4). In the late nineteenth century Darwin’s theory of biological evolution was corrupted into a theory of “Social Darwinism” that posited that societies evolved similarly to living things with the ethnocentric addition that “white” western/European societies were at the top of this evolutionary heap with Indigenous peoples doomed to extinction through “natural selection.”

Historically the dominant theme in colonial education for Indigenous populations has been to blame the victim for their inability as a group to prosper given the schooling they were offered. Originally this blame was often based on racist ideas of non-White genetic inferiority. More recently it has been based on the idea of cultural deficit where Indigenous cultures do not promote the type of behavior needed for success in the modern individualist world. The latter idea promotes culturally genocidal educational efforts that see assimilation into the dominant culture as the solution to the economic and social challenges faced by Indigenous peoples. Recent examples of this are state-level “Official English” and “English Only” laws passed in the USA that in some states, namely California, Arizona, and Massachusetts, discourage or even ban bilingual education in public schools (Reyhner 2001, 22-25). Thus in the last decade, at least in the USA, there has been a step backwards from the efforts after World War II by the Civil Rights Movement and the UN that shifted the blame from the victim to the oppressor.

The open discussion of the cause of Indigenous students academic difficulties is hampered by what political conservatives call a fit of “political correctness” that stifles free discussion to the point where “only males can be described as sexist and only whites can be described as racist.” (Felson 1991) Māori author Alan Duff noted in 1993, “Racism, where many Māori are concerned, cannot possibly cut both ways. And the reason for this is the classic noble oppressed concept that the ‘victim is never very wrong’” (Duff 1993, 80). Duff found that white people are fed “a message of one-sided guilt, one-sided culpability, a message that was hammered and hammered from every angle, everywhere you went” (Duff 1993, x). From one extreme of “blame the victim,” Duff argued the Māori had gone to the other extreme of blame the “Pākehā” (non-Māoris). He and others like him point out the failures of their Indigenous cultures, and tend to be labeled cultural traitors who are selling out to the beliefs of the oppressor. Caveats such as, “Admirable though many aspects of Māori culture are, equally there are aspects which are not” are seen as inadequate (Duff 1993, 47). Some of the negative aspects Duff found in traditional Māori culture were its historical class structure with hereditary chiefs and second-class status for women. He criticized contemporary Māori culture for its lack of a work ethic and poor health habits, including smoking and drinking. His antidote for Māori social problems is education and self-help, which mirror individualistic Eurocentric cultural teachings and the Horatio Algers7 “rags to riches” myth.

The central problem of blaming the “oppressor” is that you, as a member of a dominated minority, often cannot do much to change things because you are saying they are out of your control and in the hands of the white power structure. As Duff writes, “the great majority of Māori…do not accept for a moment that the bulk of their woes, if any, have a cause, let alone a solution in themselves.” (Duff 1993, 26) Duff criticizes the contemporary Māori lifestyle, but assimilating into the modern world too often means picking up a hedonistic and materialistic life style leading to obesity, diabetes, and other negative effects. However, Duff does not seem to be calling for “cultural suicide,” but angry responses to his book seem to make that claim. Duff notes, “New Zealand white people do have a lot to answer for on most of the matters aggrieving Māori. But equally Māori have a lot to answer to themselves on what afflicts them right now” (Duff 1993, 60). This seeming middle ground exposes the writer to criticism from both extremes.

Andre Eruera Vercoe, another Māori author, is one who took a violent objection to Duff’s ideas in Educating Jake: Pathways to Empowerment. He contrasted the Māori sense of community and values of “stewardship, trustworthiness, integrity and humility” to the Eurocentric mindset of individualism, power, and domination (Vercoe 1998, 18). Duff extols the possibilities of schooling that he thinks many Māori fail to appreciate, but Vercoe counters,

Given the education system that we’ve been lumped with, I can honestly say that unless Māori have a greater input into how structural mechanisms are organized, it may be a waste of time sending their children to school. If anything, general “the school” remains the ideological and cultural enemy of the Māori. Ever since Samuel Marsden encouraged the Church Missionary Society to set up shop here, ideological suppression of tikanga Māori – no, of being Māori – has encapsulated the hidden agenda of provincial power, typically made up the from the white, male middle class (note, not Pākehā in general). (Vercoe 1998, 24)

Vercoe writes, “we need the healer’s balm and, like all good medicine, it’s going to taste a little foul. For Māori, education needs to go back to the marae, to the home, back to where the generation are hewn and moulded into shape” (Vercoe 1998, 33-34).

Radical educational theorists following the lead of Ivan Illich (1971) have recommended that Indigenous people reject schooling because it destroys their cultures and communities (e.g. Prakash & Esteva 1998). But others see education, especially through community-controlled schools, as the only way that Indigenous people can learn how to protect their lands and communities in the courts and elsewhere from the onslaught of mainstream society (Enos 2002).8 Supporters of Indigenous self-determination see Indigenous controlled schools as protecting Indigenous students from culturally insensitive textbooks, curriculums, and tests and promoting place- and community- and culture-based teaching methods and curricula that value Indigenous knowledge (e.g. Deloria & Wildcat 2001; May 1999).

Localizing education goes against the tide of modern one-size-fits-all mass production. As education became more democratized in the nineteenth century and schools were staffed with less educated teachers both for reasons of cost and availability, mass produced textbooks became increasingly popular as a crutch to help less knowledgeable teachers. Indigenous peoples were often absent from these textbooks or, when, included were portrayed as savages. Writer George Wharton James reported in 1908,

Again and again when I have visited Indian schools the thoughtful youths and maidens have come to me with complaints about the American history they were compelled to study... “When we read in the United States history of white men fighting to defend their females, their homes, their corn-fields, their towns, and their hunting-grounds, they are always called ‘patriots,’ and the children are urged to follow the example of these brave, noble, and gallant men. But when Indians--our ancestors, even our own parents--have fought to defend us and our homes, corn-fields, and hunting-grounds they are called vindictive and merciless savages, bloody murderers, and everything else that is vile (James 1908, 25).

In the late twentieth century more Indigenous culture, history, and languages were incorporated into schools for Indigenous students, but curriculum, especially textbook content even in many Indigenous controlled schools, still overwhelmingly reflects the dominant, non-Indigenous culture.

Extensive studies done in the USA, including the 1928 Meriam and 1969 Kennedy Reports (e.g. Reyhner and Eder 2004) describe the damage that ethnocentric and assimilationist schools can do. In 1975, Dillon Platero, the first director of the Navajo Nation’s Division of Education, described the experience of “Kee,” an all too typical Navajo student in the USA:

Kee was sent to boarding school as a child where—as was the practice—he was punished for speaking Navajo. Since he was only allowed to return home during Christmas and summer, he lost contact with his family. Kee withdrew from both the White and Navajo worlds as he grew older because he could not comfortably communicate in either language. He became one of the many thousand Navajos who were non-lingual—a man without a language. By the time he was 16, Kee was an alcoholic, uneducated, and despondent—without identity. (Platero 1975, 58)

More recently, Dr. Lori Arviso Alvord, the first Navajo woman surgeon, wrote in her 1999 autobiography The Scalpel and the Silver Bear, which called for a fusion of traditional Navajo healing and modern medicine,

In their childhoods both my father and my grandmother had been punished for speaking Navajo in school. Navajos were told by white educators that, in order to be successful, they would have to forget their language and culture and adopt American ways.
They were warned that if they taught their children to speak Navajo, the children would have a harder time learning in school, and would therefore be at a disadvantage. A racist attitude existed. Navajo children were told that their culture and lifeways were inferior, and they were made to feel they could never be as good as white people…. My father suffered terribly from these events and conditions. (Arviso Alvord and Van Pelt 1999, 86)

She concluded, “two or three generations of our tribe had been taught to feel shame about our culture, and parents had often not taught their children traditional Navajo beliefs–the very thing that would have shown them how to live, the very thing that could keep them strong” (Arviso Alvord and Van Pelt 1999, 88). As Joy Harjo (Muscogee Creek) notes, “colonization teaches us to hate ourselves. We are told that we are nothing until we adopt the ways of the colonizer, till we become the colonizer” (Mankiller 2004, 62). However, despite this “selling out,” because of racial prejudice, often based on skin color, assimilation often did not end discrimination.

Despite decades of educational research, there still remains a popular belief that bilingualism is a disadvantage and that bilingual education harms children, a belief that Indigenous people can buy into. It is thought that when an additional language is introduced into a curriculum the child can become confused and that academic concepts need to be relearned in the new language, thus children should be introduced to the national language in their homes. The work of Stanford University Professor Kenji Hakuta and his colleagues (Hakuta 1986) as well as the experience at Rock Point Community School (e.g. Rosier & Holm 1980) and other bilingual schools provide clear evidence that a child who acquires basic literacy or numeracy concepts in their home language can transfer these concepts and knowledge easily to English. The literature is replete with examples confirming the importance of nurturing a child's mother tongue (Cenoz and Genessee 1998). In addition, the benefits of culturally responsive education that reverse the assimilationist history of colonial education are well documented (Brayboy and Castagno 2009). In the last two decades researchers have shown that students who maintain a traditional cultural orientation, including speaking their indigenous language, can be successful in school, even more successful than assimilated students (e.g. Deyhle 1992 and Willeto 1999).

Many UN declarations support the rights of parents. For example, the 1948 Universal Declaration of Human Rights states in Article 26 that “Parents have a prior right to choose the kind of education that shall be given to their children,” and the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities declares in Article 1 that “States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity. Article 2 affirms that “Persons belonging to national or ethnic, religious and linguistic minorities…have the right to enjoy their own culture, to profess and practice their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination.” Most recently the Declaration on the Rights of Indigenous Peoples has reasserted and extended these rights.

To reduce the extent of language and culture loss, parents would have to establish a strong policy to use their Indigenous language at home and provide ample opportunities for their children to expand the functions for which they use the mother tongue, including reading and writing, and the contexts in which they can use it, such as community mother tongue day care or play groups. However the very act of expanding language domains from orality to literacy leads to cultural change. Alan Duff repeatedly emphasizes the need to emphasize literacy in the home if family members want their children to value it and be academically successful in school.9

School curriculums and teachers can also help Indigenous children build strong positive identities and retain and develop their mother cultures and tongues by communicating to them strong affirmative messages about the value of knowing additional languages and the fact that bilingualism is an important linguistic and intellectual accomplishment (Reyhner 2006, 8-9). Efforts at place-, community-, and culture-based education can overcome the ambivalent and even oppositional Indigenous attitude towards schools. As David N. Plank notes in his Foreword to Maenette K. P. Benham and Ronald H. Heckʻs Culture and Educational Policy in Hawaiʻi: The Silencing of Native Voices, there is a “fundamental ambivalence of subaltern peoples toward schooling” (Plank 1998). Benham and Heck in their preface write, “School learning tends to be associated with learning the culture and language of the oppressors.” (Benham & Heck 1998, xi) National governments, when they do offer education to their Indigenous populations, often through the assimilationist nature of the education project an ideology of Indigenous inferiority. This way of thinking asks students to either to give up their indigenous identity and be educationally successful as the Indian student told Karen Stocker or to reject schooling and to retain their Indigenous identity (see Rheyner [in press]).

John Ogbu’s research on the effects of this “fundamental ambivalence” on the educational achievement of what he termed “involuntary” ethnic minorities, which included in the USA the descendents of slaves, Mexican immigrants, and American Indians (Ogbu 1995). He described how they can form “oppositional identities” towards schooling, resulting in a achievement gap. While Ogbu did not specifically study Indigenous students, the sociologist Alan Peshkin examined one group of American Indian students in an Indian controlled school. He found students participated with sustained effort and enthusiasm in basketball, but “regrettably, I saw no academic counterpart to this stellar athletic performance” (Peshkin 1997, 5).10 He witnessed a “student malaise” originating from an ambivalent attitude of the Pueblo Indians towards schooling. After more than 400 years of contact with Europeans, the Pueblos were suspicious of anything “white,” and schools, even Indian-controlled ones with Indian administrators and Indian teachers, remain basically alien “white” institutions. Peshkin notes, “Schooling is necessary to become competent in the very world that Pueblo [Indian] people perceive as rejecting them”; school is a place of “becoming white” (Peshkin 1997, 107 and 117).

A counter example to the situation Peshkin studied can be found in the Rock Point Community School in the Navajo Nation that became community controlled in 1973. A bilingual education program that taught speaking, reading, and writing in the Navajo language as well as English was started because even the most advanced English as a Second Language (ESL) teaching methodologies were not bringing student achievement up to national averages. Under bilingual instruction that was implemented at both the elementary and secondary levels, student test scores increased and were higher than comparable Navajo students in surrounding schools receiving only ESL instruction (Reyhner 1990).

A History of Assimilationist Indigenous Education in the USA

Assimilationist education, which is still ongoing, can devastate Indigenous communities. Schools were used in Australia, Canada, New Zealand, the USA, and elsewhere to devalue and replace Indigenous cultures, especially their religions and languages. For example, non-Indigenous educators of Indigenous students tend to hold up patriarchal nuclear families as the norm in opposition to Indigenous extended families and promote individualism in contrast to the communitarianism of many Indigenous societies.

Jon Reyhner and Jeanne Eder in their history of American Indian education in the USA and Canada summed up the impact of boarding schools on American Indian students, who were sometimes forcibly removed from their homes to attend them,

Upon enrolling, boarding and day school Indian students in the USA in the late nineteenth and early twentieth centuries were reclothed, regroomed, and renamed. They found it difficult to adjust to schools that devalued their family’s way of life and taught in an alien tongue. Some were eager to learn and, despite hardships, adjusted well to their new settings. Others resisted by running away or by refusing to cooperate. Some, like the Stockholm hostages and kidnap victim and heiress Patty Hearst, began to identify with their captors and to despise their own upbringing.(Reyhner and Eder 2004, 168)

The boarding schools for Indians in the late nineteenth and early twentieth century in the USA were usually run as military schools where students were marched around and enjoyed little freedom. Students in these schools were often punished for speaking the language of their parents or practicing any Indian cultural activities. The U.S. commissioner of Indian affairs wrote in his 1866 annual report,

Indians should be taught the English language only… There is not an Indian pupil whose tuition and maintenance is paid for by the United States Government who is permitted to study any other language than our own vernacular—the language of the greatest, most powerful, and enterprising nationalities beneath the sun. (as quoted in Crawford 1992, 49)

This ethnocentric attitude was nearly universal, but even in the nineteenth century Indians were not blamed for everything. In 1868 a congressionally appointed peace commission to deal with hostile Indigenous tribes, and which included the U.S. Commissioner of Indian Affairs and four army generals reported to President Andrew Johnson,

The history of the Government connections with the Indians is a shameful record of broken treaties and unfulfilled promises. The history of the border white man’s connection with the Indians is a sickening record of murder, outrage, robbery, and wrongs committed by the former as the rule, and occasional savage outbreaks and unspeakable barbarous deeds of retaliation by the latter as the exception…

However, massacres and other atrocities continued for several decades in the USA despite this rhetoric.

Not all Indian students were forced to attend schools and some went voluntarily, however much too often education for American Indians in the USA was clearly a matter of cultural genocide, starting with the forced removal of children from their parents. Some of the worst examples include the 1886 report of the Mescalero Apache Indian Agent,

Everything in the way of persuasion and argument having failed [to get parents to send their children to school], it became necessary to visit the camps unexpectedly with a detachment of police, and seize such children as were proper and take them way to school, willing or unwilling. Some hurried their children off to the mountains or hid them away in camp, and the police had to chase and capture them like so many wild rabbits. This unusual proceeding created quite an outcry. The men were sullen and muttering, the women loud in their lamentations and the children almost out of their wits with fright (as quoted in Adams 1995, 211).

Willard Beatty, director of federal government’s Indian education program from 1936 to 1952, related a story told to him by the first Director of Navajo Education Programs how he “recruited” Navajo students on “orders from Congress”:

He and a Navajo policeman had started out in a buckboard drawn by two horses and went from hogan [a Navajo home] to hogan looking for children. As they got in sight of a hogan and the Indians recognized who they were and guessed at their purpose, the children could be seen darting out of the hogan and running into the brush. Whereupon the Navajo policeman stood up in the buckboard and fired a shotgun into the air to scare the children and make them stop running—if possible. Then he jumped out of the wagon and ran after the children. If he caught them (and many times he didn’t), he wrestled them to the ground, tied their legs and arms, and with the help of Mr. Blair put them in the back part of the wagon, where they lay until Blair had gathered in the quota for the day. Then they returned to the Albuquerque school and enrolled the children they had captured. (Beatty 1961, 12)

Speaking no English, these children did not understand what was happening to them and no one at the school they were sent to spoke Navajo. Beatty reported, “The average Navajo parents felt a school education was a relatively useless thing, so far as they could see” (Beatty 1961, 14). Testimony in a 1929 hearing by the U.S. Senate Subcommittee of the Committee on Indian Affairs affirmed the accuracy of the activities Beatty described (DeJong 1993, 117-118).

Overrun and out-populated by settlers, Indigenous peoples were, and still are, caught between the devil and the deep blue sea. If they do not come to terms with the literate, technologically advance culture that surrounds them, they were only further marginalized. In 1947 when some progressive reforms were made, a Navajo tribal council delegate spoke in favor of compulsory education,

When I ran away [from school] they sent a policeman after me to bring me back and gave me whipping like that. That knocked some sense into me and I did not have the desire to run away. The Government says it [now] cannot whip children, cannot punish them. How can we get somewhere? I blame the Government.... I sent my boy to school at Bacone College. I realize that education is the only salvation for the Navajo tribe.(Iverson 2002, 102)

Another council delegate declared in 1952 how he was glad that a policeman had been sent to return him to school after he ran away (Iverson 2002, 107). The Navajo Nation’s population was rapidly increasing at the time and still is, making it more and more difficult to survive by sheep herding and dry land farming, the traditional pattern of Navajo life.

However, cultural change can be a two-way street. In 1917, the Ponca Agency Superintendent Oklahoma reported in 1917 the story of,

an old Ponca Indian, now dead, once said that it takes Chilocco [boarding school] three years to make a White man out of an Indian boy, but that when the boy comes home and the tribe has a feast, it takes but three days for the tribe to make the boy an Indian again.11

Fred Kabotie, a Hopi Indian, recalled,

I’ve found the more outside education I receive, the more I appreciate the true Hopi way. When the missionaries would come into the village and try to convert us, I used to wonder why anyone would want to be a Christian if it meant becoming like those people (Kabotie 1977, 12).

Based on testimony from hearings across the country, in 1969 the U.S. Senate’s Committee on Labor and Public Welfare’s Special Subcommittee on Indian Education issued a 210 page summary report titled Indian Education: A National Tragedy—A National Challenge. It declared Indian education in the USA to be “a national disgrace.” (U.S. Senate Committee on Labor and Public Welfare 1969, x) A simultaneous U.S. government funded National Study of Indian Education led to the conclusion,

With minor exceptions the history of Indian education had been primarily the transmission of white American education, little altered, to the Indian child as a one-way process. The institution of the school is one that was imposed by and controlled by the non-Indian society, its pedagogy and curriculum little changed for the Indian children, its goals primarily aimed at removing the child from his aboriginal culture and assimilating him into the dominant white culture. Whether coercive or persuasive, this assimilationist goal of schooling has been minimally effective with Indian children, as indicated by their record of absenteeism, retardation, and high dropout rates. (Fuchs & Havighurst 1972, 19)

In a special message to Congress in 1970, President Richard Nixon declared:

The story of the Indian in America is something more than the record of the white man’s frequent aggression, broken agreements, intermittent remorse and prolonged failure. It is a record also of endurance, of survival, of adaptation and creativity in the face of overwhelming obstacles.
It is a record of enormous contributions to this country— to its art and culture, to its strength and spirit, to its sense of history and its sense of purpose.
It is long past time that the Indian policies of the Federal government began to recognize and build upon the capacities and insights of the Indian people. Both as a matter of justice and as a matter of enlightened social policy, we must begin to act on the basis of what the Indians themselves have long been telling us. The time has come to break decisively with the past and to create the conditions for a new era in which the Indian future is determined by Indian acts and Indian decisions. (Nixon 1971, 575)

Nixon’s declaration helped usher in a policy of Indian self-determination that continues in the USA to this day. The damming national study and Senate Subcommittee report led to the passage in 1972 of the Indian Education Act that provides funding for supplemental programs to help Indian students in public schools. In 1975 an Indian Self-Determination and Education Assistance Act made it possible, among other things, for Indian Nations to take over federal Indian schools if they so desired. Today, over half of these schools are run by local school boards and the remainder have advisory school boards.

Along with the assimilationist English-only educational policies, the U.S. government also suppressed Indian religious beliefs, banning Sun Dances, Potlatches and other ceremonies in the late nineteenth century. It was not till 1978 that two laws were enacted to recognize the right of American Indians to religious freedom and family solidarity. One was the American Indian Religious Freedom Act, and the other was the Indian Child Welfare Act passed the same year, in sharp contrast to the individualism rooted in most American law, recognized Indian children as collective tribal resources, essential to Indigenous survival, and this law made it very difficult for non-Indians to adopt Indian children.

Using some of their newfound power under the Self-Determination Policy, Indian nations started taking over control of their lands. In 1984 the Navajo Tribal Council adopted education policies. In their preface the tribal chairman wrote, “We believe that an excellent education can produce achievement in the basic academic skills and skills required by modern technology and still educate young Navajo citizens in their language, history, government and culture” (Zah 1985, vii). However, these policies have never been fully enforced because funding for public and federal schools do not flow through the Navajo Nation.

In 1990 the U.S. congress passed a Native American Languages Act, making it the policy of the government to protect, promote, and preserve Indigenous languages and two years later a couple million dollars was authorized to fund language programs, but such efforts remain token today. In 1991, the Indian Nations at Risk Task Force appointed by the U.S. Secretary of Education identified four important reasons why Indian nations were at risk. Its second reason was, “the language and culture base of the American Native are rapidly eroding” (Indian Nations At Risk Task Force 1991, iv). The Task Force set 10 national goals, with goal 2 being: “By the year 2000 all schools will offer Native students the opportunity to maintain and develop their tribal languages and will create a multicultural environment that enhances the many cultures represented in the school” (Indian Nations At Risk Task Force 1991, [inside front cover]). This goal was still far from being reached in 2010. In the Final Report’s transmittal letter, the Task Force’s co-chairs wrote:

The Task Force believes that a well-educated American Indian and Alaska Native citizenry and a renewal of the language and culture base of the American Native community will strengthen self-determination and economic well-being and will allow the Native community to contribute to building a stronger nation—an America that can compete with other nations and contribute to the world's economies and cultures. (Indian Nations At Risk Task Force 1991, iv)

The most recent reauthorization of the Indian Education Act of 1972 is Title VII of the No Child Left Behind (NCLB) Act of 2001. The rhetoric about the need for culturally appropriate education remains in NCLB’s Title VII’s Statement of Policy,

It is the policy of the USA to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children. The Federal Government will continue to work with local educational agencies, ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children.

However, the overall thrust of NCLB was for a one-size-fits-all education that emphasizes academic accountability through the use of high stakes tests (Reyhner & Hurtado 2008). Illustrative of the thrust of this new law is the name change of the U.S. Department of Education’s Office of Bilingual Education and Multicultural Affairs to the Office of English Language Acquisition. Researcher James Crawford sees NCLB as a shift in focus from equal opportunity for America’s minorities to closing the achievement gap by bringing up scores on test that currently focus only on English literacy and mathematics, pressuring on schools to narrow their curriculum and to exclude “extras,” such as instruction in Indigenous languages (Crawford 2007).

On June 6, 2010, the U.S. Senate Subcommittee on Indian Affairs held an Oversight Hearing on Indian education titled “Did the No Child Left Behind Act Leave Indian Students Behind?” At the hearing a former president the National Indian Education Association testified,

There is policy incongruence between federal Native language policy and the implementation of NCLB. The federal policy focused on revitalizing and maintaining Native languages needs to find a viable functional reference within NCLB so that federal education policy enables rather than stunts existing school based efforts such as immersion schools and programs, language nests and other such efforts in state and BIE schools. (Senate Indian Affairs Committee 2010)

Canada’s Residential Schools

Under British rule, the Proclamation of 1763 gave limited recognition to Indian territorial possessions, which continued into the nineteenth century. An 1857 Gradual Civilization Act promoted assimilation, including allotment of Indian lands. According to historian John S. Milloy, this law redefined civilizing Indians from developing community self-sufficiency to assimilating them individually. The passage of the British North America Act of 1867 defined the federal government’s “responsibility” for Indians but that responsibility was only assumed under pressure in 1939 (Milloy 1999).

Canada’s First Nations educational policies in many ways paralleled those of the USA. It schools were unrelentingly assimilationist and designed to separate parents from their children so that the children could join modern society. Students were taught English and punished for speaking their Native language. However, Canada’s residential (boarding) schools inadequately preparing students to live in white society or to return to their reserves. Milloy documents with government records the unhealthy brutal conditions in Canada's government funded but church-run residential schools that served about a third of Native children (Milloy 1999).

Milloy found Canada’s residential schools were “marked by the persistent neglect and abuse of children and through them of Aboriginal communities in general” and characterized by widespread physical and sexual abuse till the last residential school closed in 1986 (Milloy 1999, xiii). In the “mini-monarchies” that were residential schools, “discipline was curriculum and punishment was pedagogy” (Milloy 1999, 34 and 134). Even worse, from the 1879 start of these efforts, the Canadian government chronically underfunded these schools, operated by Catholics, Methodists, Presbyterians, and Anglicans.

The 1924 Memorandum of the Convention of Catholic Principals declared,

All true civilization must be based on moral law, which christian religion alone can give. Pagan superstition could not...suffice to make the Indians practice the virtues of our civilization and avoid its attendant vices. Several people have desired us to countenance the dances of the Indians and to observe their festivals; but their habits, being the result of free and easy mode of life, cannot conform to the intense struggle for life which our social conditions require. (Milloy 1999, 36-37)

In 1938 a joint delegation of all the churches, declaring them essential, called on the government to provide school uniforms:

There would be no true cohesion without a uniform. Further if modern Dictators [Hitler and Mussolini] find that a coloured shirt assists in implanting political doctrines and even racial and theological ideas, it would be obvious that the adoption of a bright and attractive uniform would assist in implanting all that we desire in the children under our care. (Milloy 1999, 125)

In 1939 there were nine thousand students in 79 residential schools. After World War II, Canada worked to close Indian schools and integrate Indians into the provincial school systems. In opposition to the desires of the Catholic Church some residential schools were closed and day schools received more government support. In the 1950s the Canadian Parliament dropped sanctions against some Indian traditional practices and an effort was made to start parent advisory committees for schools, but these local committees had initially little real power.

While the U.S. phased out direct federal funding of mission schools for Indians in the 1890s, it was not till 1969 that Canada's Department of Indian Affairs took complete control of its schools for Indigenous children. As in the USA, orphans and children from dysfunctional families who were seen as having nowhere else to go increasingly filled the remaining residential schools.

Many First Nations students lacked adequate preparation for provincial schools, which often did little to accommodate their special needs, leading to an increased dropout rate. By 1969 only twelve residential schools remained. In 1970 the Blue Quills School in Alberta was taken over non-violently by local Indians when the government tried to close it.

As in the USA, a revaluation of Indian policy occurred in Canada in the 1970s. The minister of Indian and northern affairs declared in 1972 that Indian education was “a whitewash…  a process to equip him with white values, goals, language, skills needed to succeed in the dominant society” that served “no purpose in the child’s world.... Rather it alienates him from his own people” (Milloy 1999, 199). In 1973 a Cree Way Project was started at Waskaganish on the eastern shore of James Bay, 700 miles north of Quebec, to "bridge the seemingly unbridgeable gulf between two alien nations: the native peoples nomadic hunters and the European Canadians--once agricultural, now post-industrial city dwellers" (Feurerm 1990, 7). The project’s goals

were to use Cree language in the schools to validate Cree culture and create a Cree tribal identity, to make reading and writing more important within their previously oral culture, to create a curriculum reflecting Cree culture and the Cree conceptual framework, and to implement that curriculum in the public schools. (Stiles 1997, 249)

In 1975 the James Bay and Northern Quebec Agreement provided for Inuit and Cree self-governance, including running the schools serving their children. In 1978 the Kativik School Board serving schools in 14 villages became the first Inuit controlled school board in Canada. In 1989 the Nunavik Educational Task Force was set up to look at the languages of education, curriculum, teacher training, post-secondary education, adult education, and role of family and community in education in Northern Quebec.

However, self-governance in Canada as in the U.S. did not automatically lead to more culturally relevant education or greater student academic achievement. Ann Vick-Westgate in her 2002 study of Inuit-controlled education in northern Canada found that the “village school was, and still too often is, a Westernized formal institution that has excluded the knowledge and values of the community it serves and done a poor job of preparing young people for future roles.” (Vick-Westgate 2002, 13).

The Royal Commission on Aboriginal Peoples reported in 1996 on the “grievous harms suffered by countless Aboriginal children, families, and communities as a result of the residential school system,” and in 1998 the Canadian Minister of Indian Affairs declared,

One aspect of our relationship with Aboriginal people over this period that requires particular attention is the Residential School system. The system separated many children from their families and communities and prevented them from speaking their own languages and from learning about their heritage and cultures. In the worst cases, it left legacies of personal pain and distress that continue to reverberate in Aboriginal communities to this day. Tragically, some children were the victims of physical and sexual abuse. (Milloy 1999, 303-304)

Australia’s “Stolen Generations”

The country of Australia was founded as a penal colony, a dumping ground, for English prisoners. Its harsh treatment of its Aboriginal population paralleled the English treatment of prisoners, but the descendents of those prisoners fared better than the Aboriginals. As in the USA frontier warfare ensued as settlers moved in on Aboriginal lands leading a “violent mindset” among settlers and genocidal activity that even in western newspaper editorials in the USA was expressed as “the only good Indian is a dead Indian.”12 In 1865 a Queensland legal clause allowed the forcible removal of Aboriginal children from their families on racial grounds. These removals designed to assimilate Aboriginal children continued into the 1970s, creating what is known as the “stolen generations.” The removed children usually, as in the USA, received a largely “industrial” rather than academic education and their child labor was used both in schools and out of schools to teach them a work ethic (Robinson & Patten 2008). Unlike in the USA where the mixing of races was largely taboo and often made illegal with anti-miscegenation laws up into the 1950s in 28 states, in Australia miscegenation was seen as a way to eventually incorporate its Aboriginal population genetically into the mainstream population.

In 1997 the National Inquiry into the “Separation of Aboriginal and Torres Strait Islander Children from Their Families” issued its report Bringing Them Home documented the suffering of Aboriginal children removed without parental consent from their homes, a practice that continued into the early 1970s. An Australian example of the complexity of the cultural transformation of Indigenous peoples resulting from contact with European immigrants can be seen Graham McKay’s report The Land Still Speaks, where he writes,

While most people . . . tended to see the term ‘language maintenance activities’ as including only formally organized language programs and activities, Saibai Island Council, in its response, made explicit what other communities assume: that traditional ceremonies and other traditional activities (they mention dancing, singing and story-telling -- others would include hunting) are an important means of keeping the traditional language strong. At the same time, the people of Saibai include church services and tombstone unveiling in this arena, showing that Christianity and other post-contact developments have been firmly adopted by members of the community in the ongoing development of their indigenous culture and life. The church has become part of their heritage . . . but not the school… (Mc Kay 1996, 110)

Aeotora/New Zealand Māori Immersion Schools

The Māori of Aeotora (New Zealand) do not seem to have had some of the worst experiences of the Indigenous peoples of the USA, Canada and Australia. Making up about fifteen percent of Aeotora’s population of four million, the Māoriʻs have been able to steer government policies, at least recently, considerably in regards to extending the use of their language and culture in schools. The 1840 Treaty of Waitangi between the Māori and the British colonial government, New Zealand's founding document, gave some protection to Māori rights, and like with nineteenth century Canadian and USA Indian treaties, the post-World War II Māori activism has reasserted treaty rights, some of which had long been ignored. Unlike the Treaty of Waitangi, many USA and Canadian treaties contained educational provisions, sometimes added at the request of the Indigenous parties to them.

A separate Native system of day schools was set up for the Māori in New Zealand in 1867 that continued to operate till 1947. While these schools were English-only, they were only set up originally when a Māori community asked for them and were partially locally funded. They were small day schools over which the local community had some influence.13 Older students could transfer to a residential school, but it was not forced on them or their families. From the 1940s there was some Māori language and culture at teacher training colleges, and the Māori community treated teachers with respect and there is evidence that respect was returned (Simon & Smith 2001). According to James Belich, “it was not the Native school system, but mass urbanisation after 1945, that brought the Māori language to its knees in the 1970s.” (Belich 2001, x)

In the 1960s a Play Centre preschool movement encouraged Māori mothers to use English with their children, and the spread of English language radio and television, accelerated Māori language loss to a point where only a very few children could speak Māori. To counter the accelerating Indigenous language loss, Māori leaders looked for ways to use still fluent elders to keep their language alive. In 1982 Māori grandparents volunteered to run day-care centers, Te Kōhanga Reo, featuring an immersion program in their language. Their success led to their rapid expansion. In 1988 there were 521 centers with 8,000 children, 15% of the Maoris under five years old. In 1998 there were more than 600. In an informal, extended-family, childcare setting, Maori preschoolers are saturated with Maori language and culture (Belich 2001, x). Part of the Ministry of Education, the Te Kōhanga Reo web site states that language nests have been established in every district and,

Kōhanga Reo centres provide a location and a purpose for people of all ages to meet and work together. The Kōhanga Reo kaupapa is powerful in drawing people together to support each other and work towards the ultimate goal of a bilingual and bicultural nation. The programme reaches young families who would not otherwise have taken part in early childhood services.14

Language nests provide strong support to families in the effort to preserve native languages and cultures, provide a valuable service to working parents, and strengthen the values associated with the traditional Māori extended family (Fleras 1989). Based on the success of the language nests and popular demand, Māori based education was extended into the elementary, then secondary, and now the university level.

In 1986 the Waitangi Tribunal acknowledged Māori language as a 'taonga' under Article II of the 1840 Treaty of Waitangi and that the national government therefore has a responsibility for its preservation. In 1987 Māori Language Act declared “the Māori language to be an official language of New Zealand, to confer the right to speak Māori in certain legal proceedings, and to establish Te Komihana Mo Te Reo Māori” (Māori Language Commission).

Hawaiian Immersion Schools

Facing the same drastic language loss and hearing of the success of the Māori, Native Hawaiians started their own Pūnano Leo language nests in 1984 (Wilson 1991, 9-10). The English translation of their mission statement reads,

The Pūnana Leo Movement grew out of a dream that there be reestablished throughout Hawai‘i the mana of a living Hawaiian language from the depth of our origins. The Pūnana Leo initiates, provides for and nurtures various Hawaiian Language environments, and we find our strength in our spirituality, love of our language, love of our people, love of our land, and love of knowledge.15

To extend Hawaiian language based education into the public schools of Hawaiʻi it was necessary to repeal the 1896 law, passed after the Hawaiian monarchy was overthrown, prohibiting the use of Hawaiian in both public and private schools, which was accomplished in 1987. In 2003 there were 12 preschools and 23 public schools with immersion classes. In 1982 the University of Hawai‘i at Hilo started a Hawaiian Studies degree program taught through Hawaiian focusing on traditional Hawaiian language and culture. In 2004 the University of Hawai‘i Board of Regents approved a doctoral program in Indigenous language and cultural revitalization.

In the mainland USA efforts to promote immersion schools for Indigenous students have been fewer and farther between. In the Window Rock Public Schools in the Navajo Nation most of the kindergarten students today enter school speaking only English. Students in the immersion school, which only has students voluntarily enrolled by their parents, are immersed the entire school day in Navajo in kindergarten and first grade. English is gradually added starting in second grade so that half the school day is in English by sixth grade. Its curriculum is determined by the Navajo Nation’s 2000 Diné Cultural Content Standards and the Arizona state academic standards. Fifth grade English language achievement test scores for the immersion students show them substantially outperforming other district students in reading, writing, and math (Johnson & Wilson[Legatz] 2005, 31; Johnson & Wilson[Legatz] 2006, 26-33).

Recent Apologies Help Heal the Wounds of Colonialism

Efforts to reverse assimilationist schooling in the former British colonies largely remain token. However, especially in New Zealand and Hawaiʻi these efforts are showing much promise, and recent United Nations declarations point towards a positive future for these and other efforts. Some of the most recent rhetoric bearing on Indigenous peoples includes the February 2008 public apology by Australian Prime Minister Kevin Rudd:

That today we honour the Indigenous peoples of this land, the oldest continuing cultures in human history.We reflect on their past mistreatment. We reflect in particular on the mistreatment of those who were Stolen Generations—this blemished chapter in our nation’s history. The time has now come for the nation to turn a new page in Australia’s history by righting the wrongs of the past and so moving forward with confidence to the future. We apologise for the laws and policies of successive Parliaments and governments that have inflicted profound grief, suffering and loss on these our fellow Australians. We apologise especially for the removal of Aboriginal and Torres Strait Islander children from their families, their communities and their country. For the pain, suffering and hurt of these Stolen Generations, their descendants and for their families left behind, we say sorry. To the mothers and the fathers, the brothers and the sisters, for the breaking up of families and communities, we say sorry. (Rudd 2009)

Rudd called for “a new beginning….to right a great wrong” that had continued into the 1970s. He quoted Nanna Fejo, a member of the stolen generations, “Families—keeping them together is very important. It’s a good thing that you are surrounded by love and that love is passed down the generations. That’s what gives you happiness.” (Rudd 2009) Pressured partly by Rudd’s apology, in June 2008, Canada’s Prime Minister Stephen Harper acknowledged in a speech to the House of Commons the ongoing, generational impacts of Canada’s residential schools for Indians:

We now recognize that, in separating children from their families, we undermined the ability of many to adequately parent their own children and sowed the seeds for generations to follow… Not only did you suffer these abuses as children, but as you became parents, you were powerless to protect your own children from suffering the same experience, and for this we are sorry.”

He concluded. “The government of Canada sincerely apologizes and asks the forgiveness of aboriginal peoples for failing them so badly” (Harper 2009). However, unlike Australian Prime Minister, Harper did not promise to improve Canadian First Nations (aboriginal) social conditions.

High-minded rhetoric can count, even though sometimes it takes a very long time to see its promise realized. The phrase “all men are created equal” in the thirteen colonies’ 1776 Declaration of Independence helped lead to the end of slavery, but only after more than eight decades, and it took well over two centuries for a Black president to be elected to lead the USA.

Conclusion

Education is not neutral, what children hear, read, learn, and do in school can help them build a strong positive identity or they may, through insensitivity and ethnocentric assimilationist curriculum and instruction, destroy cultural and family values and leave students susceptible to the allure of today’s negative peer and popular media-dominated consumer culture. Most of the history of colonialism in Australia, Canada, New Zealand, and the USA is a record of cultural genocide where Indigenous peoples were forced become assimilated into Euro-American society through English-only education to be successful and join the modern world (Reyhner & Eder 2004). However, students of whatever race or culture who are not embedded in their traditional values are only too likely in modern society to pick up a unhealthy lifestyle in what is increasingly a materialistic and hedonistic modern culture. They can also reject schooling in an effort to hang on to their traditional cultures. This oppositional identity hinders their success in the modern global economy and can relegate them to living in poverty with all its stresses.

Ethnic groups rightly tend to focus on their traditional moral and spiritual strengths, however it is important as Daniel Wildcat writes not to “romanticize the past” (Deloria & Wildcat 2001, 8). There is in fact a danger that indigenous and other minority groups can in fact define themselves as the “white man's shadow,” as opposite everything that the materialistic and individualistic “white man” is perceived as being (House 2002; Simard 1990). This is a topsy-turvy version of “blame the victim” becoming an unthinking “blame the oppressor” for everything that is going wrong in one’s life and one's community. This victimization can lead to self-destructive anger, “red rage,” and hinder positive efforts towards decolonization.

More and more Indigenous peoples are working to reclaim basic human rights and heal the wounds resulting from the long history of cultural genocide and reverse its effects while giving their students an education that prepares them to live in our modern technology-dominated world. These efforts include language and cultural revitalization and are not anti-educational efforts that will hold back Indigenous students from academic success. Just the opposite, they hold the promise of closing the centuries-old academic achievement gap that, aggravated by assimilationist education, is too often found between Indigenous and non-Indigenous students.

Notes and References

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Beatty, Willard. “A history of the Navajo,” America Indigena, Vol 21, No 7, 1961

Belich, James. “Foreword” in Judith Simon and Linda Tuhiwai Smith, eds., A Civilising Mission: Perceptions and Representations of the New Zealand Native Schools System (Auckland, NZ: Auckland University Press, 2001).

Benham, Maenette K. P. and Ronald H. Heck’s Culture and Educational Policy in HawaiʻI (Mahwah, NJ: Lawrence Erlbaum, 1998)

Benton Richard. “Mauri or Mirage? The Status of the Māori: The Crisis and the Challenge (Auckland, NZ: HarperCollins, 1993).

Brayboy, Bryan McKinley Jones and Angelina E. Castagno, “Self-determination through self-education: Culturally responsive schooling for Indigenous students in the USA,” Teaching Education, Vol 20, No 1, 2009, pp 31-53.

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Indian Nations at Risk Task Force, Indian Nations at Risk: An Educational Strategy for Action (Washington, DC: U.S. Department of Education, 1991), p iv.

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Johnson, Florian Tom and Jennifer Wilson [Legatz], “Tséhootsooí Diné Bi’ólta,” Journal of Navajo Education, Vol 45, No 2, 2006, pp 26-33.

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Prakash, Madhu Suri and Gustavo Esteva, Escaping Education: Living as Learning within Grassroots Cultures (New York: Peter Lang, 1998)

Reyhner, Jon. “Cultural survival vs. forced assimilation, Cultural Survival Quarterly, Vol 25, No 2, 2001, pp 22-25.

Reyhner, Jon, and Eder, American Indian Education: A History (University of Oklahoma Press, 2004).

Reyhner, Jon. “Bilingual education for healthy students, healthy communities,” Language Learner, Vol 1, No 4, 2006, pp 8-9.

Reyhner, Jon. “Indigenous language immersion schools for strong Indigenous identities. Heritage Language Journal, [In Press].

Reyhner, Jon and Denny Hurtado, “Reading First, literacy, and American Indian/Alaska Native students,” Journal of American Indian Education, Vol 47, No 1, 2008, pp 82-95.

Robinson, Shirleene and Jessica Paten, “The question of genocide and Indigenous child removal: the colonial Australian context,” Journal of Genocide Research, Vol 10, No 4, 2008, pp 501-518.

Rosier, Paul and Wayne Holm, The Rock Point Experience: A Longitudinal Study of a Navajo School Program (Bilingual Education Series: 8; Saad Naaki Bee Na’nitin) (Washington, DC: Center for Applied Linguistics, 1980)

Rudd, Kevin. Apology to Australia's Indigenous Peoples, House of Representatives, Parliament House, Canberra, February, 13, 2008 retrieved on August 28, 2009 from http://www.pm.gov.au/node/5952

Senate Indian Affairs Committee Oversight Hearing on Indian Education: Did the No Child Left Behind Act leave Indian Students behind? June 17, 2010. Retrieved July 9, 2010 from http://www.indian.senate.gov/public/_files/BeaulieuTestimony.pdf

Simard, Jean-Jacques. “White ghosts, red shadows: The reduction of North American Indians,” in: J.A. Clifton, ed., The Invented Indian: Cultural Fictions and Government Policies (New Brunswick, NJ: Transaction Publishers, 1990), pp 333-369

Simon, Judith and Linda Tuhiwai Smith, eds., A Civilising Mission: Perceptions and Representations of the New Zealand Native Schools System (Auckland, NZ: Auckland University Press, 2001).

Smith, Donald. Sacred Feathers (University of Nebraska Press, 1987)

Stiles, Dawn B. “Four successful Indigenous language programs,” in: Jon Reyhner, ed., Teaching Indigenous Languages, pp 148-262 (Flagstaff, AZ: Northern Arizona University, 1997), p. 249

Stocker, Karen. I won’t stay Indian, I’ll keep studying (Boulder: University Press of Colorado, 2005).

Sutherland, W. J. (2003). Parallel extinction risk and global distribution of languages and species. Nature, 423, 276-279

Szasz, Margaret. Between Indian and White Worlds (University of Oklahoma Press, 1994)

U.S. Senate Committee on Labor and Public Welfare. Indian Education: A National Tragedy, A National Challenge (Washington, DC: U.S. Government Printing Office, 1969), p x. Also known as the “Kennedy Report.”

Vercoe, Eruera. Educating Jake: Pathways to Empowerment (Auckland, NZ: HarperCollins, 1998)

Vick-Westgate, Anne. Nunavik: Inuit-controlled Education in Arctic Quebec (Calgary, Alberta: University of Calgary Press, 2002), p 13.

Willeto, Angela A. “Navajo culture and family influences on academic success: Traditionalism is not a significant predictor of achievement among young Navajos,” Journal of American Indian Education, Vol 38, No 2, 1999, pp 1-21.

Wilson Ronald and Mick Dodson. Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (Sydney: Commonwealth of Australia, 1997)

Wilson, William H. “American Indian bilingual education: Hawaiian parallels,” NABE News, Vol 15, No 3, 1991, 9-10.

Zah, Peterson. “Preface,” in: Navajo Nation Educational Policies (Window Rock, AZ: Navajo Division of Education, 1985), p vii. 


[1] Jon Reyhner is Professor of Education at Northern Arizona University (NAU). He co-author of American Indian Education: A History (University of Oklahoma Press, 2004) and editor of Teaching American Indian Students (University of Oklahoma Press, 1992). He has been involved in a series of annual Indigenous language conferences that began in 1994 at NAU and maintains a “Teaching Indigenous Languages” web site at http://nau.edu/TIL with over 100 papers related to revitalizing Indigenous languages and cultures.

[2] Navin Kumar Singh is a Doctoral student in Curriculum and Instruction at NAU. He has a Master’s in Education from Tribhuvan University, Kathmandu, Nepal, and earned a second Master’s in Teachers of English to Speakers of Other Language from NAU. He worked for more than a decade for Nepal’s Ministry of Education.

[3] For information on the situation in Australia see the lengthy government report Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (Wilson & Dodson 1997), for Canada see Milloy 1999; for New Zealand Judith Simon and Linda Tuhiwai Smith’s 2001 edited volume; and for the USA see Adams 1995. For the special case of Hawaiʻi see Benham and Heck 1998).

[4] The Indigenous populations did not have centuries to build up immunity to small pox, measles, and other European diseases as had the colonists, leading to high death rates from these diseases. In addition, the forced removal to boarding schools, reservations, and reserves and other physical and cultural shocks, such as changes in climate and diet, that colonization brought to Indigenous peoples weakened their resistance to disease.

[5] See also Crystal 2000, Dalby 2002 and Sutherland 2003.

[6] See e.g., the writings of explorer and first director of the US Bureau of Ethnology, John Wesley Powell who noted over a century ago, “so few Americans yet realize that of all the people on this continent, including even ourselves, the most profoundly religious, if by religion is meant fidelity to teachings and observations that are regard as sacred, are the American Indians, especially wherever still unchanged from their early condition, and this deeply religious feeling of theirs might, if properly appreciated, be made use of, not weakened or destroyed by premature opposition” in “The need of studying the Indian in order to teach him,” (Powell 1896, 112-113).

[7] Horatio Algers (1832-1899) was a prolific American novelist who wrote about poor boys who only needed to work hard (and have good luck) to become successful.

[8] Examples of Indigenous peoples, often of mixed ancestry, who used their education to help their people include Peter Jones (Kahkewaquonaby) in Canada (see Smith 1987) and the lives of the “cultural brokers” found in Margaret Szasz’s Between Indian and White Worlds (1994).

[9] Richard Benton (2007, pp 163-181) notes that there a danger in using an Indigenous language in schools because it can be transformed to represent the values and thinking of the colonizing society.

[10] Interestingly, Duff 1993 notes in New Zealand that rugby has a similar draw on Māori youths’ attention.

[[11] Returned Student Survey #24, Part 5, 1917, p 88. Manuscript in the Ayer collection of the Newberry Library, Chicago.

[12] The rabid frontier attitude towards Indigenous peoples in the United States is well documented in (Decker 2004).

[13] A classic account of teaching in one of these Māori village schools is Ashton-Warner 1964.

[14] Information retrieved August 27, 2009 from http://www.kohanga.ac.nz/kohanga.html

[15] Retrieved August 27, 2009 from http://www.ahapunanaleo.org/eng/about/about_mission.html

Reyhner&Singh-CulturalGenocideinAustraliaCanadaNewZealandUS.pdf (759.84 kb)

Book Review: We Are All Treaty People

by Indigenous Policy Journal 7. December 2010 14:20

Click here to download article in PDF format

Epp, Roger. We Are All Treaty People. Edmonton: The University of Alberta Press. 235pp., ISBN 9780888645067 Paperback CDN $26.95.

Review by Ethan Baptiste

Upon reading We Are All Treaty People it is quickly discovered that much of the book has very little to do with Indigenous People at all. Although the author claims “on these prairies, we are all treaty people – settler and aboriginal” (5) the main focus of the book is instead rural prairie communities and the identity struggles, conflicts, agrarian movements and localized cultures found within them. Overall, the book is a well written descriptive narrative of rural identity and life on the prairies, from the perspective of a prairie settler. The structure of the book is a collection of essays written by the author. However, this is one of the main weaknesses of the publication because there is a lot of overlap in theories, ideas and arguments presented.

Underlying the title of the book there is a presumption that all rural individuals fall within the same category of identity. That presumption is not based on culture or language but is situational and instead based on common factors of kinship based communities, displacement, racial prejudice, socio-political and economic marginalization, and parallel struggles against globalization. Interestingly, the right-wing think-tank economists equally condemn rural communities and advise their members to abandon their identity, relocate to urban centers and urge public policy makers to reallocate wasted public resources to the cities (7, 191). However, being placed at the margins and periphery alongside one another does not necessarily mean a common identity or the inclusion of one treaty people.

There are a few problems with this new identity categorization. First, and foremost, settlers do not have treaties. Although, the Crow Rate1 is described as being the treaty of the rural farmer, that agreement falls far short of an actual treaty, which is a peace agreement negotiated between two sovereign Nations. This type of treaty is impossible between a ruling government party and their own subjects. The Crow was simply a subsidy, granted to a sub-group of the countries citizens. Second, if we turn to faming, historically there were clear distinctions between Indigenous Peoples and settler farmers, most clearly seen through public policy. After Indigenous communities had began to fully understand farming in the mid-nineteenth century on the prairies, were producing more, beginning to accumulate equipment and beginning to compete with non-Indigenous farmers, the government stepped in.

Within the 1867 Indian Act there were policies that prevented First Nations farmers from selling their produce and stock, seeking better markets, better lands for farming, and investment capital. This greatly damaged Indigenous farming interests while benefiting settlers. Third, there is no treaty peoples culture, only distinct Indigenous and Western cultures. The author points out the limited exposure, within rural communities, to art and culture because there are often no theatre, cinema, gallery, bookstore and music lessons. However, there is a difference between access to mainstream cultural infrastructure and having a culture based on separate belief systems, values and knowledge. Last, rural settlers may feel some ‘racism’ in cities and are made to feel uncomfortable about where they came from. That does not equate the experience of Indigenous Peoples, where that discomfort comes in the form of not being hired, not being able to rent in certain buildings and treated in certain ways in restaurants.

The book does have one section that is specifically related to Indigenous People, Chapter Seven. In this chapter, the author first critiques the past and current reconciliation efforts, and second, claims rural communities made of interconnected Indigenous Peoples and settlers can reconcile traditional economic interests like forestry, logging and farming and learn to coexist. The author does provide some excellent observations in regards to reconciliation: The constant rhetoric and slim promises of the Indian and Northern Affairs; bias in the media, aggressive reaction and calls of “reverse racism” (123); and, federal policy that is more about “limited liability guilt-management on behalf of Canadians” (123) than reconciliation.

Additionally, failings within any progress towards reconciliation have a lot do with the refusal for settlers to recognize history, granted that indifference allows for the release of “inter-generational guilt” (132). This subsequently relates to my favourite quote of the whole book: “Though they often identify themselves as conservatives, curiously, they recognize no inherited obligations” (133). The author recognizes the tendency to refocus the question of reconciliation about not “what they (we, as Indigenous Peoples) want – recognition, compensation, land – (to) what we (settlers) can live with” (126). Therefore, the subject is “not the Indian problem but the settler problem (126).

In terms of the second claim of coexistence and economic reconciliation, the author doesn’t offer viable solutions and instead provides more problematic observations. First, the author contends settlers can share the same connection to land as Indigenous People. However, this is untrue. Although, there are third and fourth generation settler farmers who may feel “an inseparable interconnection of personal identity” (137) with their farmland, that is only a surface understanding of the relationship Indigenous People have with their lands. The interconnection Indigenous Peoples know is tied to language, cyclical ceremonies, spiritual connection, understanding of the whole ecology and a feeling of deep responsibility to ensure the land survives, not because the land provides for their People but because they are the land. This interconnection cannot be transplanted. Also, it is felt in every Nation, including the Tsuu T’ina Nation that is, from the author’s definition, an urban community and more a part of Calgary than the rural prairie.

Therefore, there is no overarching term that can encompass all prairie communities, settler or Indigenous. As it sits, we have a subculture, in rural interests, strategically aligning themselves with Indigenous Peoples. Although, it is beneficial for that subculture, and for that matter any special interest group, to align themselves and their struggles with Indigenous Peoples to give legitimacy to their voice or demands for fair treatment. It must be reminded that we are a Peoples and even if we are marginalized in similar ways, we have our own subcultures and subgroups and cannot fit within surface classifications.

Also, it is idealistic to assert there is a treaty peoples that can coexist within the confines of the author's presumptions. This is not to say it cannot happen, but, that coexistence cannot solely be based on surface similarities of common needs for infrastructure, comparable geography, efforts to resist forced industrialization, opposition to globalization and predator corporations, and a willingness to remain rural.

Further, and more important, I believe that coexistence would still eventually require an aligning of Western values. Would Indigenous People be permitted to honestly answer the question of: What is the best use for your lands? What if the definition of rural and requirement for coexistence meant reversing farmland? This would involve the termination of agriculture and removal of dikes and canals in efforts to restore old-growth prairie that took thousands of years to grow but hours to destroy during the tilling and seeding process. Are settlers really willing to alter their farming practices, or logging and fishing for that matter? Indigenous Peoples would soon see the same response we have received from the think-tank economists, media and urban centers. Therefore, similar to the experience of Indigenous Peoples throughout history, we will be left with the choice to only become “Settler Treaty People” within Eurocentric definitions, and subject to a new type of rural colonization. That coexistence would still not be defined by us and would require cultural dissolution to proceed.

1The Crow Rate began as an 1897 agreement between the federal government and the Canadian Pacific Railway, giving the CPR a cash subsidy to extend tracks to south-eastern BC in exchange for reduced freight rates in perpetuity on eastbound grain and westbound settler’s effects (170).

BaptisteReview.pdf (129.03 kb)

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2010 | XXI (3)

Upcoming Events (Winter 2010)

by Indigenous Policy Journal 20. November 2010 04:58

ISN PROGRAM AT APSA 2011 in San Francisco, CA, September 1-4, 2011

The Indigenous Studies Network is planning on putting on one or more panels and holding a business meeting/networking session at the 2011 American Political Science Association (APSA) Annual Meeting in San Francisco, California from September 1-4, 2011.The Indigenous Studies Network invites paper proposals and volunteers to serve as panel chairs and paper discussants for APSA 2011. The theme selected for the meeting is “The Politics of Rights,” a topic that is well suited for a diverse array of research related to indigenous peoples and politics. Papers on any aspect of indigenous politics are always welcome for submission, but we are particularly interested in those related to this year’s theme. 
How have the rights of indigenous peoples and nations been institutionalized, protected, or challenged? How are the rights of indigenous peoples conceptualized and realized in the United States and around the world? How are certain rights introduced, politicized, or expanded, and who is involved? What are the conflicts among rights and different conceptions of rights that particularly affect indigenous peoples and nations?  How and why have these conflicts changed? How has global attention to human rights changed attention and reactions to indigenous peoples’ quest for rights and protections? What is the significance of the United Nations Declaration on the Rights of Indigenous Peoples?  What are the opportunities and challenges of indigenous rights, both within nation-states and on a global level?  What are the politics of indigenous rights implementation? The submission deadline is December 15th to Anne Boxberger Flaherty, aflaher@siue.edu (Southern Illinois University, Edwardsville) or 
Sheryl Lightfoot, sheryl.lightfoot@ubc.ca (University of British Columbia). More information about the APSA meeting can be found at: http://www.apsanet.org/.

WSSA 2011 AMERICAN INDIAN STUDIES SECTION PROGRAM, April 13-17, 2011

The American Indian Studies Section of the Western Social Science Association, at its 53rd meeting, expects to again have a full program of panels at the association's meeting at the 2011 conference in Salt Lake City, Utah, April 13 - April 16, 2011, at the Hilton Salt Lake City Center. Paper/panel proposals for the American Indian Studies Section can either be submitted on line by going to: http://wssa.asu.edu/, or by sending them (preferably by E-mail) to AIS section coordinator Karen Jarratt-Snider: Karen.Jarratt-Snider@nau.edu. Deadline for proposals, including abstracts, is December 1. Information, which will eventually include the preliminary program, can be accessed on line at: http://wssa.asu.edu.

A list of Indigenous Language Conferences is kept at the Teaching Indigenous Languages web site at Northern Arizona University: http://www2.nau.edu/jar/Conf.html.

The National Indian Education Association Wellness in the Workplace Conference is in Las Vegas, NV, November 10, 2011. For details go to: http://www.niea.org/events/.

The National Indian Education Association: Leading the Next Generations Healthy Relationships Curriculum Training of Trainers is in Billings, MT, November 12-15, 2010. For details go to: www.nativewellness.com.

67th Annual Convention of the National Congress of American Indians (NCAI): Strong Tribal Nations, Strong America - 67th Annual Convention & Trade Show, is November 14 - 19, 2010, in  Albuquerque, NM. For details including agendas go to http://www.ncai.org/Conferences-Events.7.0.html.

The National Indian Education Association: 2010 International Bullying Prevention Conference is in Seattle, WA, November 15, 2010. For details go to: http://www.niea.org/events/event_detail.php?id=263.

The 15thAnnual Dual Language Conference is in Santa Fe, New Mexico, November 17-20, 2010.  For information visit: http://dlenm.org/lacosecha/.

Tusweca Tiospaye 2010 Lakota Dakota Nakota Language Summit: "Uniting the Seven Council Fires to Save the Language" is November 18, 19, 20, 2010, Ramkota Hotel and Convention Center - Rapid City, SD. For details visit: http://www.tuswecatiospaye.org/2010summit.

Center for Global Justice members have been invited to join the Organic Consumer’s Association (OCA) delegation to the “alternative climate summit” at the UN Climate Change conference, “From Copenhagen to Cochabamba to Cancun” in Cancun, November 29 to December 10, 2010. In 1999 and 2003, the OCA helped organize protests and teach-ins against the World Trade Organization in Seattle and Cancun. Over 100,000 concerned citizens from North and South America, Europe, Africa and Asia are expected to converge on Cancun, including leading farm, food, fair trade, climate justice, and anti-GE activists for a wide range of workshops, forums, and cultural events. Following up on the theme of the World Social Forum in Porto Alegre, Brazil, "Another World is Possible," the emphasis in Cancun will be on presenting solutions and alternatives to the climate crisis. For information go to: admin@globaljusticecenter.org

First Nations Language Keepers Conference is in Saskatoon, SK, Canada, December 2-3, 2010. For information go to: http://www.sicc.sk.ca/.

The D'Arcy McNickle Center for American Indian and Indigenous Studies at the Newberry Library, in Chicago, has an on going Newberry Library Seminar in American Indian Studies on many Thursdays, 5:30-6:30 pm, as well as other occasional events. The seminar presentation for December 2, 2010 is Joshua Jeffers, Purdue University, “The End of Pre-History: Environmental Epistemology in the Lower Ohio River Valley.” All papers are pre-circulated electronically to those who plan to attend the seminar. E-mail mcnickle@newberry.org or call (312)255-3564 to receive a copy of the paper. For more on this and other events at the Newberry Library go to: http://www.newberry.org/mcnickle/AISSeminar.html.

GLOBAL DAY OF ACTION: International Demonstrations on Climate Change is December 4th 2010 at the time of the United Nations Talks on climate change (COP16/MOP6) in Cancun, Mexico. Plans for intend synchronized demonstrations around the world are being publicized and promoted at: http://www.globalclimatecampaign.org/, or contact: info@globalclimatecampaign.org.

The Seventh International Conference on Environmental, Cultural, Economic and Social Sustainability will likely be in January 2011. For details go to: http://www.SustainabilityConference.com.

Society for the Study of the Indigenous Languages of the Americas 2010-11 annual winter meeting of SSILA will be held jointly with the Annual Meeting of the Linguistic Society of America in Pittsburgh, Pennsylvania at the Hilton Pittsburgh, January 6-9, 2011. For information go to: http://linguistlist.org/ssila/AnnualMeeting/AnnualMeeting.cfm.

2nd International Conference on Language Documentation and Conservation (ICLDC) is at the University of Hawaii at Manoa, Honolulu, HI, February 11-13, 2011. For details go to: http://nflrc.hawaii.edu/ICLDC/2011/.

The Executive Council Winter Session Convention of the National Congress of American Indians (NCAI), is February 8 - March 2, 2011 at the Westin in Washington, DC. For details go to http://www.ncai.org/Conferences-

National UNITY (United National Indian Tribal Youth) Council Mid-Year Convening is at the Hilton Arlington in Arlington, Virginia as the host hotel,  with the National UNITY Council meetings, training and other related sessions held in the nearby corporate headquarters of the National Rural Electric Cooperative Association. For information go to: http://unityinc.org/events/national_unity_council_mid-year_convening.

The 2011 Conference of the National Association of Native American Studies will be held February 14-19, 2011 in Baton Rouge, LA. For information contact: Dr. Lemuel Berry, Jr., Executive Director, NANAS, P.O. Box 325, Biddeford, ME 04005-0325 (207}839-8004, Fax: 207/839-3776, naaasconference@earthlink.net, www.NAAAS.org.

The Second International Conference on Heritage/Community Languages may be at the University of California, Los Angeles (UCLA), in February 2011. For details go to: http://www.international.ucla.edu/languages/nhlrc/conference/.

2nd International Conference on Language Documentation and Conservation (ICLDC): Strategies for Moving Forward is at the University of Hawaii at Manoa, Honolulu, HI, USA, February 11-13, 2011. For details visit: http://nflrc.hawaii.edu/ICLDC/2011/.

National Association for Bilingual Education 40th Annual Conference is in New Orleans, LA, February 16-19, 2011. For information go to: http://www.nabe.org/conference.html.

LAPA-affiliated graduate students in the history department of Princeton University are putting together a conference on Colonies and Postcolonies of Law, is at Princeton University, Princeton, NJ, March 18th 2011. The conference addresses the centrality of law in the construction of colonial rule. “We aim to examine how colonial law emerged as colonialists interacted with diverse populations in the colonies. The study of the relationship between law and colonialism has taken two broad trajectories.  On one hand, scholars have highlighted how law provided the instruments for the creation of the colonial state, allowing it to exercise a vast amount of power in restructuring the colony. Conversely, law opened up avenues of resistance for colonized populations. This conference aims to go beyond this dichotomy by focusing on law as a site of constant negotiation which produced new forms of bureaucracy and documentation practices. As colonial legal systems cast long shadows and formed the bedrock of the national legal systems today, this conference will also examine how these colonial legal regimes influence postcolonial nations. The last few years has seen a growth of interest in colonial legal history to which this conference hopes to contribute by bringing junior scholars together in conversation.” Abstracts  are invited from graduate students and junior faculty from Princeton and elsewhere as applications to participate in the conference.  The deadline is 15 December. Paper proposals should include a title, a 350-word abstract, institutional affiliation and contact information. For information or to submit proposals send to: tocoloniesoflaw@gmail.com.

The University of Idaho College of Law Sixth annual conference to look at issues involving Indian country will probably be March 2011. For information contact Angelique EagleWoman: eaglewoman@uidaho.edu.

Language Endangerment: Documentation, Pedagogy, and Revitalization is at 
17 Mill Lane, Cambridge, United Kingdom, March 25, 2011. For information contact: http://www.crassh.cam.ac.uk/events/1332/.

Seventh Annual Southeast Indian Studies Conference is April 7-8, 2011, at the University of North Carolina at Pembroke. The Proposal Deadline: January 18, 2011., Send to alesia.cummings@uncp.edu or Alesia Cummings at American Indian Studies PO Box 1510 Pembroke, NC 28372-1510. For more information contact Dr. Mary Ann Jacobs (910)521-6266, mary.jacobs@uncp.edu.

Native/Indigenous Studies Area of the 2011 Southwest/Texas Popular Culture/American Culture Association's 30th annual meeting will be April 20 - 23, 2011 in San Antonio, TX. Deadline is December 15 for proposals of up to 250 words for Panels and Individual Papers, to the appropriate area chair: Richard Allen, American Indians Today, Cherokee Nation, PO Box 948, Tahlequah OK 74465, Richard-Allen@cherokee.org; M. Elise Marubbio, American Indian/Indigenous Film, Augsburg College, American Indian Studies, CB 115, 2211 Riverside Avenue, Minneapolis MN 55454, marubbio@augsbur; Citlalin Xochime, Co-Chair, Native American/Indigenous Studies, New Mexico State University, Dept. of English, PO Box 30001, MSC 3E, Las Cruces NM 88003, citlalin@att.net, or  L. Rain Cranford-Gomez, Co-Chair, Native American/Indigenous Studies, Cornelia Connelly School, American Literature and Language Arts, 2323 West Broadway, Anaheim CA 92801, ohoyocreole@gmail.com.. Deadline for conference registration may be December 31. Further details regarding the conference (listing of all areas, hotel, registration, tours, etc.) can be found at: http://swtxpca.org/.

The Western Political Science Association (WPSA) 2011 Annual Meeting, April 21 - 23, 2011, in San Antonio, TX includesPanel 21. 02 - Indigenous Politics. For details go to: http://www.csus.edu/org/wpsa.

7th Annual Conference on Endangered Languages and Cultures of the Americas is at the University of Utah, Salt Lake City, UT, April 22-23, 2011. For details o to: http://www.cail.utah.edu/?pageId=5625.

The Tenth Session of the UN Permanent Forum on Indigenous Issues is May 16-27, 2011, at UN Headquarters in New York, with the Special Theme: Indigenous peoples: development with culture and identity; articles 3 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples. For details go to: http://www.un.org/esa/socdev/unpfii/en/sessions.html.

The 3rd Native American and Indigenous Studies Association Annual Conference in Tucson, Arizona, likely will be in May, 2011. For details go to: http://naisa.ais.arizona.edu/.

Puliima 2011 National Indigenous Languages Technology Forum is at the State Library of Queensland, Brisbane, Australia, May 11-13, 2011. For information visit: http://www.acra.org.au/puliima/.

Native American Student Advocacy Institute is putting on the fourth, Strengthening Connections for Access and Equity in Education, May 23, 2011
University of Oklahoma in
Norman, OK. The meeting is concerned about developing an effective program for supporting American Indian, Alaska Native, and Native Hawaiian Students. Proposal deadline is December 13, 2010. For more information go to: http://www.collegeboard.com/nasai/index.html, or email: nasai@collegeboard.org.

The Society of American Indian Government Employees (SAIGE) is a national non-profit organization that advocates for American Indian and Alaska Native federal employees. SAIGE will host its 8th annual national joint training conference with the American Indian Alaska Native Employees Association (AIANEA), likely in June 2011. Information will become available from the Society of American Indian Government Employees, P.O. Box 7715, Washington, D.C. 20044, www.saige.org.

The Mid Year Conference Convention of the National Congress of American Indians (NCAI), is June 13 - 16, 2011, in Milwaukee, WI. For details go to http://www.ncai.org/Conferences-Events.7.0.html.

International Symposium on Bilingualism Oslo 2011 is at the University of Oslo, Oslo, Norway, June 15-18, 2011. For details visit: http://www.hf.uio.no/iln/forskning/aktuelt/arrangementer/konferanser-seminarer/2011/isb8/.

Conferences of the International Society for Language Studies are being held on a two-year cycle (every other year) with publication of the annual volume series Readings in Language Studies to be of primary focus during the intervening year. The 2011 biennial conference is June 23-25, 2011 at the Renaissance Aruba Resort & Casino in Oranjestad, Aruba. For information contact International Society for Language Studies, c/o OSBORN, Graduate School of Education, Fordham University, 113 W. 60th Street, Room 1102, New York, NY 10023, conf2009@isls-inc.org, http://www.isls-inc.org/conference/conference.html.

The Northwest Indian Language Institute Summer 2011 may be in June and July, 2011, at the University of Oregon, Eugene, OR. For details go to: http://www.uoregon.edu/~nwili/summer_2010_index.html.

The United National Indian Tribal Youth (UNITY) Conference is likely to be in July 2011. For information go to: http://www.unityinc.org.

Athabascan/Dene Language Conference may be in June 2011. Details will likely be at: http://www.uaf.edu/anlc/alc/.

Fostering Indigenous Business and Entrepreneurship in the Americas Conference: FIBE Manaus 2011 is likely to be in September 2011. 2010 For information and to make submissions contact fibea@mgt.unm.edu, http://fibeamanaus.mgt.unm.edu/.

The Sixth Annual Vine Deloria, Jr. Indigenous Studies Symposium tentatively is at Northwest Indian College, likely in July, 2011. For details and reservations contact Steve Pavlik, Co-coordinator, Native American Studies, Northwest Indian College, 2533 Kwina Rd., Bellingham, WA 98226 (360)392-4307, spavlik@nwic.edu, www.nwic.edu.

The 3rd Annual Dakota Language Camp likely will be held summer 2011, put on by the Dakota Language Program of the University of Minnesota Department of American Indian Studies in collaboration with Pond Dakota Heritage Society, Dakota Wicohie and the Nandagikendan Urban Immersion Program. For information go to: http://amin.umn.edu.

The 46th International Conference on Salish & Neighboring Languages will be held at the University of British Columbia in 2011.  Tentative dates for the Conference are August 5 - 7, 2011. Information will become available at: http://sites.google.com/site/icsnl45/icsnl46. For more information contact Henry Davis, henryd@interchange.ubc.ca.

The 42nd National Indian Education Association Convention will probably be in October 2011. Details will become available at: http://www.niea.org/.

Language Death, Endangerment, Documentation & Revitalization 26th is at the University of Wisconsin - Milwaukee Linguistics Symposium Milwaukee, WI, October 20-22, 2011. For details go to: http://www4.uwm.edu/letsci/conferences/linguistics2011/.

The 68th Annual Convention of the National Congress of American Indians (NCAI), is October 30 - November 4, 2011, in Portland, OR. For details go to http://www.ncai.org/Conferences-Events.7.0.html.

Ninth(biannual) Native American Symposium and Film Festival: Images, Imaginations, and Beyond will be in November, 2011 at Southeastern Oklahoma State University in Durant, Oklahoma. All papers presented at the 8th symposium in November 2009 were be eligible for inclusion in the volume of published proceedings, which was also be posted on the website which has conference information at: www.se.edu/nas//. For information contact Professor Mark Spencer, Department of English, Humanities, and Languages, Southeastern Oklahoma State University, Durant, OK 74701 (580)745-2921, mspencer@se.edu.

19th Annual Stabilizing Indigenous Languages Symposium is at Thompson Rivers University, Kamloops, British Columbia, Canada, May 10-12, 2012. Information will eventually be available via: http://www2.nau.edu/jar/Conf.html.

Declaration for Health, Life and Defense of our Lands, Rights and Future Generations

by Indigenous Policy Journal 13. November 2010 19:11

July 1st 2010, Alamo, California, http://www.treatycouncil.org/PDFs/DECLARATIONFORHEALTHREV1engweb.pdf.

We, Indigenous women from the regions of North America, Latin America, the Arctic, Caribbean and the Pacific, gathered June 30th to July 1st, 2010 at the INTERNATIONAL INDIGENOUS WOMEN'S ENVIRONMENTAL AND REPRODUCTIVE HEALTH SYMPOSIUM, in Alamo, California, hosted by the International Indian Treaty Council (IITC) and the North-South Indigenous Network Against Pesticides. We recognize and thank the Indigenous Peoples of this land called California for welcoming us to their beautiful land. We are traditional healers, midwives, youth and community organizers, environmental and human rights activists, teachers and traditional and cultural leaders. We are daughters, sisters, mothers, aunties, grandmothers and great grandmothers, youth and elders, members of great Nations who have always stood firm to defend our lands, our Peoples and our cultures. We work in our communities, homes, health centers, tribal and traditional governments and Indigenous organizations, on the local, national and international levels. We recognize and appreciate the important contributions that all of us, and many other Indigenous women around the world, are making to defend our lands, rights and the health of future generations, as well as the generations who have come before us.

We have come together at this Symposium to share our information about the negative impacts of mineral extraction, mining and drilling, mercury contamination, nuclear weapons manufacturing, testing, storage, uranium enrichment, and uranium enrichment processing, pesticides and Persistent Organic Pollutants (POPs), military dumping, toxic waste incineration, desecration of sacred sites and places, introduction of Genetically Modified Organisms (GMO) and foods and harvesting of our genetic materials. We have listened to each other’s stories, and have also seen the tragic effects within our own families, communities and Nations of the environmental, economic, social and cultural impacts of toxic contamination. These imposed, deplorable conditions violate the right to health and reproductive justice of Indigenous Peoples, and affect the lives, health and development of our unborn and young children. They seriously threaten our survival as Peoples, cultures and Nations. They also violate our rights as Indigenous Peoples to subsistence, spiritual and cultural survival, selfdetermination and free, prior and informed consent (FPIC). As Indigenous Peoples, and as the defenders of our future generations, we have vocalized our opposition to these forms of contamination of our homelands, air and waters for generations in many different regions, but far too often we are ignored. We have also shared our strategies and ideas about how to address these situations in our communities and around the world. We recognize that our fundamental, inherent and inalienable human rights as Indigenous Peoples are being violated, as are our spirits and life giving capacity as Indigenous women. Colonization has eroded the traditional, spiritual and cultural teachings passed down from our ancestors, our grandmothers about our sexual and reproductive health and their connection to the protection of the environment, our sacred life-giving Mother Earth. But we also recognize and affirm that many Indigenous women are reclaiming, practicing and celebrating these teachings. We commit to supporting these collective efforts now and in the future.

We have agreed to present the following values and principles that we recognize as a basis of this work as well as our collective recommendations for action, which we hope can begin to address the devastating inter-linking impacts we are facing in our communities and Nations, and bring about positive change.

We therefore adopt by consensus this DECLARATION for the health, survival and defense of OUR LANDS, OUR RIGHTS and our FUTURE GENERATIONS.

We recognize and affirm the following:

1. Indigenous women are life givers, life sustainers and culture holders. Our bodies are sacred places that must be protected, honored and kept free of harmful contaminants in order for the new generations of our Nations to be born strong and healthy.

2. If the Earth Mother and the Sky Father are not healthy, neither are we.

3. Indigenous Peoples’ lands, waters and air and all living beings are being misused and poisoned by corporations, States and their Territories, based on foreign and colonial concepts that disregard the sacredness of life.

4. Indigenous Peoples, and in particular women and children, are suffering the detrimental, devastating, multi-generational and deadly impacts of environmental toxins and contaminates that were unheard of in our communities prior to industrialization.

These impacts include:

a. Contamination of mothers’ breast milk at 4 to 12 times the levels found in the mother’s body tissue in some Indigenous communities;

b. Elevated levels of contaminates such as POPs and heavy metals in infant cord blood;

c. Disproportionate levels of reproductive system cancers of the breasts, ovaries, uterus, prostate and testicles, including in young people;

d. Elevated rates of respiratory ailments such as asthma and lung disease;

e. High levels of leukemia and other cancers in infants, children and youth;

f. Rare, previously unknown forms of cancer among all ages in our communities;

g. Devastating, and in many cases, fatal birth defects known to be associated with environmental toxins such as nuclear waste, mining, and pesticides, including the increasing birth of “jelly babies” in the most contaminated areas;

h. Developmental delays, learning disabilities and neurological effects on babies and young children which have lifelong impacts, associated with prenatal exposure to

mercury, pesticides and other environmental toxins;

i. Increasing numbers of miscarriages and stillbirths, and;

j. High levels of sterility and infertility in contaminated communities.

5. The knowledge to heal our Peoples is within our own Peoples. While many diseases caused by colonization may need to be addressed by western medicine, we know that our own healing knowledge and practices, passed down to us by our grandfathers and grandmothers, is essential for the healing of our Peoples and our Mother Earth.

6. The protection of our health, lands, resources including air and water, languages, cultures, traditional foods and subsistence, sovereignty and self-determination and the transmission of our traditional knowledge and teachings to our future generations are inherent and inalienable human rights. These rights are affirmed in the UN Declaration on the Rights of Indigenous Peoples and other international standards, and must be upheld, respected and fully implemented by States (countries) and their Territories, UN bodies, corporations and Indigenous Peoples of the world.

7. Sovereignty and autonomy in relation to our lands, territories and resources are intricately connected to sovereignty and autonomy in relation to our bodies, minds and spirits.

8. Protection of our human rights and the rights of all forms of life must be a priority for environmental and reproductive justice work.

9. We have seen that the introduction of extractive industries (mining, drilling, logging etc.) has resulted in increased sexual violence and sexual exploitation of Indigenous women and girls in many communities, as well as increased alcohol and drug abuse, sexually transmitted infections, divisions among our families and communities, and a range of other social and health problems.

10. While many communities have maintained traditional systems which continue to value women’s leadership, sexism in the larger society has had negative and lasting impacts within many Indigenous communities, including lack of recognition for the leadership role of Indigenous women in working for environmental protection and building strong communities.

11. The impacts of internalized colonization further include the loss of knowledge, awareness and access for Indigenous women to traditional reproductive health practices, birthing knowledge and healing practices, and even includes the criminalization of Indigenous midwives, healers and other traditional Indigenous health practices in many countries.

12. Foods distributed as commodities and other food aid programs by Government programs in Indigenous and tribal communities are unhealthy. They contain contaminates, GMO’s and ingredients that cause food related diseases and adverse health effects including diabetes and obesity. Impacts of economic marginalization and poverty on Indigenous families and communities must be taken into account. However the recognition and application of Food Sovereignty, including access to our traditional lands and resources and food related cultural practices, are the only real solutions to the food needs of Indigenous Peoples. Based on the above principles and values of shared agreement, we respectfully recommend to Indigenous communities, tribal governments and the leaders of our Nations, to the States and their Territories in which we live, to corporations and institutions, and to the United Nations system and international bodies, the following actions:

Indigenous Peoples, communities, Nations, tribal governments and organizations:

1. We will work with our children, families, communities and Peoples, and the traditional knowledge holders of our Nations, to strengthen, restore and transmit traditional knowledge and practices, languages, health care, birthing, care of children and food gathering and planting processes, and to support the restoration of our original instructions and ways which include respect for the role and the power of Indigenous women in families, communities, societies and Nations. Our traditional knowledge as Indigenous women must be protected from all forms of exploitation and commercialization.

2. We encourage the organizations and communities gathered here to help with the development and dissemination of educational materials and tool kits designed for communities explaining the links between environmental toxics and reproductive health and justice, what they can do to protect themselves and organize in response. We also encourage the development of training programs to inform Indigenous women of opportunities for their participation locally, nationally and internationally, and to build their capacity to become further involved as strong voices for their families and Nations.

3. We request that Indigenous Peoples and organizations who are knowledgeable and experienced in this field carry out education and capacity building for Indigenous Peoples, including women, youth and tribal leaders, to enable them to use, apply and implement international standards including the UN Declaration on the Rights of Indigenous Peoples. In this way we can hold governments and corporations accountable to a minimum standard for upholding our rights as Indigenous Peoples and for carrying out negotiations regarding any and all activities that may affect us, based on the rights of self-determination and of Free, Prior and Informed Consent.

The United Nations System and International bodies:

4. All international processes including those of the Convention on Biological Diversity and its current process on the “Revised Draft Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising From Their Utilization”, the Stockholm Convention on Persistent Organic Pollutants, the United Nations Framework Convention on Climate Change and the current work of the UN Environmental Program for development of the globally-binding Treaty on Mercury, must use, apply implement the UN Declaration on the Rights of Indigenous Peoples as the minimum standard. The full participation of Indigenous Peoples, including Indigenous women, must also be formally and effectively implemented in these processes.

5. The United Nations Environment Program should establish a fund to specifically support the participation of Indigenous Peoples from impacted communities, in particular Indigenous women, in the current UN process of drafting and negotiating the Global Mercury Treaty. 6. The UN Permanent Forum on Indigenous Issues, the UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples and other UN bodies and mechanisms addressing Indigenous Peoples’ rights are urgently requested to focus attention and collect information from Indigenous Peoples on the links between environmental contamination and reproductive health and justice, for the purpose of recommending effective solutions and remedies at the international level.

Corporations, Agencies and Institutions:

7. Corporations must fully disclose to all Indigenous tribes, communities, Peoples and individuals who may be affected by or exposed to pesticides, mining, dumping, incineration and other forms of toxic chemical production, the complete known or suspected affects of the chemicals in question, the location and names of corporations producing them, any current or prior legal sanctions or cases filed against them, the Indigenous Peoples in the same or other countries who have experiences with the given process or corporation, names of parent companies, subsidiaries, successors, etc., so that informed decisions can be made. 8. Any new activities which include the use of contaminants such as chemicals or GMO seeds and plants, must be subject to the “precautionary principle”. This means that the burden lies with the government or corporation to prove that a process or chemical is safe and has no potential negative environmental, health or reproductive impacts in either the short or long term before the process or chemical is used or produced. Safeguards and emergency plans, agreed to by the impacted communities, must be established at the onset of the project.

9. We call for the development and implementation of standardized protocols and processes for collecting testimonies and information from Indigenous community members for submission to national and international bodies, studies, the media, etc. to protect Indigenous peoples’ privacy, confidentially and cultural knowledge, and upholding their right of (FPIC)

10. Collection or use of genetic or bodily materials including body fluids, tissues, and byproducts of medical procedures, as well as all ancestral remains must include full disclosure about the intended and possible uses, distribution plans, and all other factors. All materials collected without FPIC must be returned immediately to the Indigenous Peoples from whom they were collected. Regarding any new collection or testing of human tissues, including ancestral remains, all materials must be taken only with the FPIC and the full involvement of the impacted Peoples and individuals. Test materials, data and cultural or personal articles are the property of the subjects and must be returned to them, along with the results, when the agreed-upon tests or studies are completed.

11. Data collection and testing of air, water, foods, plants etc carried out by community members themselves should be recognized as legitimate by governments and institutions, at the tribal, state and national levels.

12. As Indigenous peoples, we require access to reliable independent laboratories to support community documentation of environmental toxins and their health effects. The results of this documentation will be owned and controlled by the affected communities to hold polluters accountable.

States and their Territories:

13. States and their Territories must be accountable for the implementation, with the full and effective participation of Indigenous Peoples, including Indigenous women, of all international Treaties, Standards and Conventions entered into including the Nation to Nation Treaties with Indigenous Peoples and Nations. Processes and mechanisms to ensure accountability must be put in place, with the full participation of affected Indigenous Peoples.

14. We reiterate the call for States, including the United States and its Territories, and the corporations they license, to immediately halt the production and export of pesticides and other toxics that are banned for use in the country of origin and for other countries to refuse to import these substances. Where Indigenous communities are already impacted by environmental contaminants, immediate restoration and clean up programs must be implemented and funded by States and their Territories, along with the corporations which contributed to the contamination. Full agreement and direct participation of the affected community members regarding the plans and methods for clean up, waste disposal, monitoring of progress and full environmental and ecosystem restoration must be ensured.

15. Women, children and families who have suffered the impacts of toxic contaminates require special care. States and corporations which have allowed contamination to damage our communities must be held accountable to cover the costs and ensure that adequate care and services are provided, with the full participation and collaboration of the affected Indigenous Peoples. Preventative measures must be taken to ensure that new environmental contamination will not occur, in accordance with the precautionary principle.

Cross-Cutting:

16. We support a moratorium on fossil fuel exploration, processing, extraction, transportation, storage, and use and support previous moratoriums called for by Indigenous Peoples as the first step towards the full phase-out of fossil fuels with a just transition to sustainable jobs, energy and environment and the protection of our peoples, homelands and ecosystems from the devastating impacts of climate change.

17. We support the implementation of a moratorium on development and use of all GMOs, in particular seeds, plants and animals, support the Indigenous Peoples’ “No Patenting of Life Declaration” and call upon tribal, state/provincial, national and Territorial governments and Indigenous peoples to establish GMO-free zones in their lands and territories.

18. We continue to call upon States and their Territories, agencies, national and international programs and institutions to immediately halt all collection of genetic materials in Indigenous communities, and return all genetic materials and samples to the communities from which they have been collected until all human, spiritual, cultural and health rights violations have been fully resolved to the satisfaction of the Indigenous Peoples involved, through the principle of Free Prior and Informed Consent.

In Conclusion:

We honor each other’s work, struggles, knowledge, perseverance, courage, compassion, expertise and warrior spirits. We accept our sacred responsibility to defend our Mother Earth, our children and our future generations. It is time we take a stand together to tell the world that what is happening today cannot continue into our future. We commit to come together on a regular basis, to support each other’s struggles and to find ways to share information with each other. We will continue to help each other to get the word out about the struggles we are facing and the work we are doing, and to build and extend the important network we have created through this gathering. Let us continue to work for all of the children of this world and for our generations still to come and to fulfill our responsibilities as culture holders. Our children have a right to be born healthy and to live in a clean environment. In order to heal our Peoples and Mother Earth, we have to continue to be who we are.

Affirmed by consensus of the participants in the Symposium on July 1, 2010:

Alice Skenandore - Wise Women Gathering Place/LCO Ojibwa, Wisconsin, Andrea Carmen - International Indian Treaty Council/Yaqui, Anna M. Frazier - Dine' Citizens Against Ruining our Environment/Dine, Arizona, Carletta Sue Tilousi - Havasupai Tribe, Arizona, Catalina Garzon - Pacific Institute/Mwiska Nation, California, Catherine Carmen - Yaquis United for Mother Earth/Yaqui, Arizona, Celeste McKay - Native Women's Association of Canada/Metis Nation Canada, Charlotte Jane Kava - ACAT St. Lawrence Island/Native Village of Savoonga, Alaska Inupiat, Dianna Sue Uqualla - Havasupai Tribe, Arizona, Elvia Beltran Villeda - Red Indigena de Turismo de México/Hnahnu, Hinewirangi Kohu-Morgan - Maori Women's Centre/Maori, Aotearoa (New Zealand), Faith Gemmill - California Indian Environmental Alliance, International Indian Treaty, Council, REDOIL/Gwich’in, Alaska, Pit River, Wintu California, Faustina Buitimea Gotogopicio – Jittoa Bat Natika Weria, Yaqui, Sonora Mexico, Jackie Keliiaa - California Indian Environmental Alliance/Yerington Paiute, Paiute and Washoe, California, Jackie Warledo - International Indian Treaty Council/Seminole Nation of Oklahoma, Janeen Antoine – Sicangu Lakota, Bay Native Circle, California, Jessica Yee - Native Youth Sexual Health Network/Mohawk Nation, United States and Canada, Johnella LaRose - Shoshone Bannock/Red Road Farm California, Kari L. Shaginoff - International Indian Treaty Council, Chickaloon Tribal Government/Chickaloon Alaska, Katrina Maczen-Cantrell, -Feminist Women’s Health Center Western Shoshone, California, Lindsey Schneider - Pesticide Action Network North America (PANNA)/Turtle Mountain, Ojibwe, California, Lori A. Thomas-Riddle - Gila River Alliance for a Clean Environment, Gila River, Arizona, Lucy Hatathli-Nez - Dine' Citizens Against Ruining our Environment/Dine Nation, Arizona, Marian Naranjo - Tewa Women United, Honor Our Pueblo Existence/Santa Clara Pueblo, New Mexico, Maudilia López Cardona - Frente de Defensa Miguelense/Mam Maya, Guatemala, Michele (Shelly) Vendiola - Community Alliance & Peacemaking Project, Swinomish Nation, Washington, Monique Sonoque - Indigenous Youth Foundation and California Indian Basket Weavers Alliance/Chumash, California, Morning Star Gali – International Indian Treaty Council, Pit River Nation, California, Liselote Naniki Reyes Ocasio – United Confederacy of Taíno People (UCTP)/ Taíno, Boriken (Puerto Rico), Sara Mendoza - Los Angeles Indian Peoples' Alliance/Otomi California, Kelatztli Mendoza - Otomi, Yaqui, California, Sherri Norris - California Indian Environmental Alliance/Osage, California, Shunkila Blackcalf - Native American Sisterhood Alliance at Mills College/Dine, Sicangu Lakota, California.

Appropriating Native Economies: When is enough, enough?

by Indigenous Policy Journal 13. November 2010 19:05

David Kimelberg*

Reprinted with author’s permission from Indian Country Today, October 6, 2010.

When is enough, enough? Native Americans have been asking this question for centuries. The answer is clear, at least as it relates to the systematic and unrelenting quest to strip Native communities of their lands, sovereignty and access to economic recovery: It’s never enough.The latest salvo in this unyielding attack is highlighted in, and furthered by, a recent series of Washington Post articles by Robert O’Harrow. In his skewed and context deficient articles, Mr. O’Harrow targets Alaska Native Corporations, entities created by the U.S. government to help settle historic land and other claims by Alaska Natives. ANCs were sold to Alaska Natives as a way to build their economic futures. Overnight, their indigenous rights and claims were transformed into shares of corporations. The quid pro quo was giving up tremendously valuable resources, as the U.S. sought to acquire hundreds of millions of acres of oil rich land to meet its burgeoning energy needs. Implicit in this exchange was a responsibility of the U.S. government to assist the ANCs in building their economies, so that their shareholders, Alaska Natives, might be able to escape the grinding poverty crippling many of their communities. This responsibility is similar to the U.S.’s relationship with Indian nations, and its fundamental obligation to honor treaties guaranteeing crucial rights.

Mr. O’Harrow, both explicitly and implicitly, complains about the ability of ANCs to participate in a level-setting federal contracting initiative administered by the Small Business Administration. Under this initiative, known as the “8(a) program,” companies owned by economically disadvantaged minority individuals can access procurement channels in an effort to help level the playing field in the often relationship-driven world of federal contracting. ANCs, Indian nations and Native Hawaiian Organizations also have this ability as the faces of Native community groups and sovereign nations. The 8(a) program is one of the few real opportunities available to ANCs, Indian nations and NHOs to help better their poverty-challenged communities, arguably the most disadvantaged people in the U.S. Because the 8(a) program views Indian nations and Native Hawaiian Organizations as essentially the same as ANCs, Mr. O’Harrow’s attacks against ANCs are leveled against all Native communities. As an enrolled citizen of the Seneca Nation of Indians, who works every day to try to bring economic sustainability to our people, it saddens me to witness yet another assault on our efforts to rise above the effects of generational poverty created by years of governmental oppression. Our lands were stripped away. Our people were killed in a systematic removal process sponsored by governments offering cash for dead Indians. We were corralled onto tiny “reservations,” where we were expected to adapt almost overnight to foreign systems and values. In the face of all this, we’ve persevered. We’re still here fighting to be self-sufficient and retain our priceless sovereignty as a people. However, outside forces often conspire to turn this uphill battle into a sheer cliff. We constantly face attempts to strip us of our remaining resources and opportunities, as state and federal governments consistently remind us that enough is never enough.

The Seneca Nation has experienced this onslaught in spades. We retained tiny pieces of our original lands as the U.S. steamrolled over our communities. In the 1960s, despite our reliance on sacred treaty promises that it would never take more land, the U.S. built the Kinzua Dam, which put much of our territory literally under water and resulted in the forcible relocation of many of our people.Just this year, the U.S. passed the Prevent All Cigarette Trafficking Act, which was purposefully designed to eviscerate the Seneca Nation’s successful tobacco industry, an industry that employed and supported thousands of people. It’s no secret that big tobacco corporations maneuvered and manipulated legislative backrooms to guarantee the passage of the PACT Act, as they quickly reacted to Indians taking slivers of their precious market share. And now, as we begin to enter the federal contracting space in an effort to build a sustainable and diversified economy, we’re hit by broadside attacks like Mr. O’Harrow’s. Mr. O’Harrow focuses on exceptions to prove the rule. Potential for abuse is inherent in any governmental system. To focus on a small number of isolated cases, however, just isn’t fair. His facts are selective. Many of his statements are opinion-laden and conveniently ignore important counter-points. For example, Mr. O’Harrow attempts to characterize the contracts that ANCs receive as outsized. However, he doesn’t point out that ANCs, Indian nations and Native Hawaiian Organizations combined receive less than 1.3 percent of all contracting dollars. He also tries to paint ANCs as cornering the market on sole-source government contracts. Again, he fails to put this into context. Just this year, Boeing received a single-source contract totaling $11.9 billion – more than twice what ANCs earned last year on a collective basis.Mr. O’Harrow also takes issue with the fact that Native companies hire some non-Natives to help build operations. I am the first person to advocate for more Natives in leadership positions. We’re getting there, but it takes time. After years of forced boarding schools, sub-standard educational systems and efforts to marginalize our communities, we’re making great strides to build our business acumen while staying true to our traditions, culture and ways. As a Native educated in the “outside” world, it’s a privilege and honor for me to have the opportunity to come back to my nation to help further its economy. There are many others like me, and many more who work day-to-day to build the skills necessary to advance our nations within an environment with different systems and values. It’s a challenge to walk in two worlds, and it’s foolhardy to expect these important skills to be developed overnight on a broad scale. Our Native companies generate the funds necessary to continue to send our children to school and prepare for our collective future. It takes time to do this in a systematic way.

Many new rules previously proposed by the SBA are designed to deal with the potential for abuse that Mr. O’Harrow highlights; rules which many ANCs, Indian nations and other Native groups support. However, Mr. O’Harrow uses a broad brush as he attempts to paint all ANCs (and by association, Indian nations and Native Hawaiian Organizations) with the color of a few self-selected, and non-representative, examples. To not put these isolated examples in the overall context of a necessary program that has demonstrably helped struggling Native communities is both inappropriate and irresponsible. Enough is enough.

*David Kimelberg is an enrolled citizen (Bear clan) of the Seneca Nation of Indians. He is the CEO of Seneca Holdings LLC, the investment arm of the Seneca Nation, and the founder of nativeinvestment.com, an online forum and blog about economic development in Indian country. His views are his own and not necessarily those of the Seneca Nation of Indians or Seneca Holdings. He can be reached at: Seneca Holdings LLC, 90 West Hetzel Street, Salamanca, Seneca Nation (NY) 14779 You can reach us directly at (716) 829-1581.


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