Indigenous Studies Commons^™

Universal Human Rights Vs. Traditional Rights, Brittany Kühn

Human Rights & Human Welfare

The Universal Declaration of Human Rights (UDHR) is one of the most translated documents in the world. Its promotion of freedom, justice and peace provides a set of standards that were adopted by the United Nations General Assembly and with the support of forty-eight countries. Despite this doctrine of international values, indigenous societies often resist attempts to implement such law when it threatens to constrain traditional norms that are deeply embedded into the realm of cultural identity.

The Colonial Legacy And Human Rights In Mexico: Indigenous Rights And The Zapatista Movement, Alexander Karklins

Human Rights & Human Welfare

The current status of human rights in Latin America has been profoundly affected by the legacy of colonial institutions. Since the time of conquest, through colonialism, and after independence, the growth of the Latin American state has been challenged by the alternative discourse of indigenous rights. In Mexico, the dominance of mestizaje (or the quest for a single Mexican ethnic identity) in the formation of its modern state apparatus has left indigenous cultures out of the realm of political participation and exposed to human rights violations. With the Zapatista uprising of 1994-1996, the contradictions inherent in Mexico’s constitution were brought …

Fighting Nuclear Waste At Skull Valley, Margene Bullcreek

Native American Forum on Nuclear Issues

Abstract:

-Reasons We Oppose Nuclear Waste

-Sovereignty

-Traditional values must be protected

-Protect sacredness of our culture, plants,

animals, air, and water

-Affects on community health

-Protect reservation and homeland

-To protect the air and water

-To protect future generations

-Environmental Justice

Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries Pursuant To The Fort Berthold Mineral Restoration Act, United States Army Corps Of Engineers, Omaha District, Nebraska

US Government Documents Related to Indigenous Nations

This report, dated April 2008, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into six sections: Introduction, Authority, Criteria, Proposed Determination, Determination, and Conclusion. An …

Archaeology, History And Activities At Fort St. Joseph 8: Religious Life At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 8.

Written documents indicate that the Jesuit priests settled among neighboring Native American groups and were successful at creating some converts at the St. Joseph mission.

Archaeology, History And Activities At Fort St. Joseph 7: Public Archaeology At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 7.

The Fort St. Joseph Archaeological Project practices community service learning.

One of the main goals of the Fort St. Joseph Archaeological Project is to incorporate the local community in all aspects of the archaeological enterprise in the investigation.

Archaeology, History And Activities At Fort St. Joseph 3: Change And Continuity At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 3.

At Fort St. Joseph, evidence points to many instances of cross-cultural exchange between the French fort inhabitants and neighboring Native American groups such as the Potawatomi, Miami and Sauk.

Archaeology, History And Activities At Fort St. Joseph 5: Project History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 5.

Investigations at the long lost fort were begun in 1998 by WMU archaeologists.

Archaeology, History And Activities At Fort St. Joseph 1: What Is Archaeology?, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 1.

What is Archaeology and Historical Archaeology?

Archaeology, History And Activities At Fort St. Joseph 2: Fort History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 2.

The French established Fort St. Joseph in 1691 in present day Niles.

Archaeology, History And Activities At Fort St. Joseph 4: Commercial Activities At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 4.

Fort St. Joseph was an important link in the chain of frontier outposts that marked the far reaches of New France and facilitated the fur trade between the French and Native Americans in the Western Great Lakes region.

Archaeology, History And Activities At Fort St. Joseph 6: Military Presence At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 6.

From 1691 to 1698 and from 1717 to 1761, French military personnel occupied Fort St. Joseph to defend the site's strategic position on a major trade route near the portage between the St. Joseph and Kankakee rivers, while maintaining alliances with friendly Native American groups to facilitate the trade in furs.

Illegal Alien? The Immigration Case Of Mohawk Ironworker Paul K. Diabo, Gerald F. Reid

Sociology Faculty Publications

In March of 1927 Paul K. Diabo, a thirty-six-year-old Mohawk ironworker from Kahnawake (Mohawk Nation Territory), Quebec, appeared before Judge Oliver B. Dickinson in federal court in Philadelphia to contest his deportation to Canada. According to the Department of Immigration, which had arrested him a year earlier, Diabo had violated the Immigration Act of 1924 and should be considered an illegal alien. As a member of the Rotinonhsionni (Iroquois) Confederacy, Diabo contended that he had a right to cross the international border without interference and restriction—a right, he argued, that had been recognized by the Jay Treaty of 1794. Diabo’s …

Colonial Constructs And Legally Sanctioned Sexually Violent Consequences In R V. Edmondson, Nicholas Bonokoski

Reconstruction: Studies in Contemporary Culture

What kind of a system or process would portray a twelve-year-old girl from the Yellow Quill First Nation as a sexual threat to three twenty-something white men, who promising her a ride home, picked her up and got her drunk? The answer: The Canadian legal system. In R v Edmondson a twelve-year old Aboriginal girl, who was sexually assaulted by Dean Edmondson, Jeffrey Brown, and Jeffrey Kindrat from Tisdale Saskatchewan, was portrayed by the judge as a "sexual aggressor". This paper focuses on the trial of Dean Edmondson in which, according to Judge Kovatch, the girls "sexual aggression" led to …

Draft Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries, Pursuant To The Fort Berthold Mineral Restoration Act, Us Army Corps Of Engineers, Omaha District, Nebraska

US Government Documents Related to Indigenous Nations

This report, dated May 2006, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project back to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into four sections: Introduction, Background, Proposed Determination, Public Comment and Response. …

Appendix E: Comments By Number, 2005, Us Army Corps Of Engineers

US Government Documents Related to Indigenous Nations

This comments matrix, published in 2005, provides a summary of public comments made in 2005 regarding the proposed return of land to the Three Affiliated Tribes of the Fort Berthold Reservation. These comments were recorded from transcripts of three public meetings held in Bismarck, North Dakota (ND) on May 24; in Dickinson, ND on May 25; and in Williston, ND on May 26. The matrix also includes comments received outside these meetings via email and letter. The land return, based on the Mineral Restoration Act of 1984 (Public Law 98-602), proposed to return a portion of the land taken for …

Phase I Archaeological Intensive Survey Of Hassanamesitt Woods Property, Grafton, Massachusetts, Jack Gary, Stephen Mrozowski, David B. Landon

Andrew Fiske Memorial Center for Archaeological Research Publications

The Center for Cultural and Environmental History conducted a Phase I archaeological intensive survey of the Hassanamesitt Woods property in Grafton, Massachusetts from October 2004 through January 2005. Documentary evidence has suggested that the property may contain remains of the church for the Praying Indian village of Hassanamisco, established by John Eliot in 1660. Historical deed research has also placed several Nipmuc families on the property in the early 18th century, suggesting the area was resettled by the original inhabitants of Hassanimisco in the aftermath of King Philip's War. Throughout the course of the 18th and 19th centuries the property …

Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr

American Indian Law Review

No abstract provided.

Book Review: John W. W. Mann, Sacajawea's People: The Lemhi Shoshones And The Salmon River Country, University Of Nebraska Press, 2004, Jari D. Barnett

American Indian Law Review

No abstract provided.

Book Review: Lindsay G. Robertson, Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands, Oxford University Press, 2005, Willaim D. Wallace

American Indian Law Review

No abstract provided.

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …

Intellectual Property And Indigenous Peoples: Adapting Copyright Law To The Needs Of A Global Community, Megan M. Carpenter

Law Faculty Scholarship

The definition and scope of intellectual property and associated laws are under intense debate in the emerging discourse surrounding intellectual property and human rights. These debates primarily arise within the context of indigenous peoples' rights to protection and ownership of culturally specific properties. It is true that intellectual property laws are based on Western, developed markets, Western concepts of creation and invention, and Western concepts of ownership. But whatever their origins, those laws have been, and currently are, the primary vehicle for the protection of artistic, literary, and scientific works worldwide. To segregate indigenous interests from this international legal regime, …

Gabrielino/Tongva Bibliography, Brianne Gillen, G. Edward Evans

Librarian Publications & Presentations

This bibliography brings together publications about the Gabrielino/Tongva Nation of Southern California. It includes books, periodical and newspaper articles, dissertations, and government documents, and covers the Nation’s rich history, from prehistoric times to the present. The bibliography is inspired by Mary La Lone’s Gabrielino Indians of Southern California: An Annotated Ethnohistoric Bibliography, and continues where she left off in 1976. Her bibliography contained 182 items, all of which are included in this volume as well as 374 items post 1976.

One of the goals of the project was to acquire as many of the items for the Loyola Marymount University …

Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney

American Indian Law Review

No abstract provided.

Equitable Compensation Act: Hearing Before The Committee On Indian Affairs United States Senate; One Hundred Seventh Congress, First Session On Federal Obligation To Equitable Compensation To The Fort Berthold And Standing Rock Reservations, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This record, dated August 30, 2001, is a transcript of a follow-up hearing with the Three Affiliated Tribes and Standing Rock Nation to evaluate how the 1992 Equitable Compensation Act has served the tribes and if it has helped restore economic stability. Testimony from tribal members indicates that many promises made prior to the building of the dam were never met, that the promises were met were fulfilled 40-45 years after the dam was built, and, more importantly, that what was lost can never be compensated for with money. At the time of this hearing, the Three Affiliated Tribes were …

Ld 1028 - Protection Of Indian Archaeological Sites : Report To The Standing Committee On Appropriations And Financial Affairs, Maine Historic Preservation Commission

Maine Collection

LD 1028 - Protection of Indian Archaeological Sites : Report to the Standing Committee on Appropriations and Financial Affairs.

Arthur Spiess, Archaeologist, Maine Historic Preservation Commission with Representative Donald Soctomah, January, 2000.

Contents: Introduction / The Resource / The Problem / Synopsis of Existing Laws / Discussions with Law Enforcement / Site Monitoring or Stewardship / Discussion / Recommendations / Appendix A - Text of 27 MRSA 371-378 as Amended to Date / Appendix B - Written Comments from State Agencies on LD 1028 Consultation / Appendix C - Archaeological Site Monitoring Materials

Legislating A Sustainable Land Ethic For New Zealand, Michèle D. Dominy

Pacific Studies

This article explores competing discourses of sustainability in New Zealand’s South Island. As active resource managers, high-country pastoralists’ conception of “country” contests predominant reductive and binary models of production/ conservation and economic resource/visual resource and suggests a more complicated dynamic between scientific and cultural paradigms of sustainability than has been acknowledged. This dynamic is captured in the internationally driven top-down concept of equitable sustainable land management with a dual commitment to both cultural and ecological diversity as defined locally, formulated as part of the United Nations Rio Declaration of 1992, agenda 21, chapter 13. I examine an emergent high-country “land …

Deborah Bird Rose's Review Of Trevor Graham's Mabo: Life Of An Island Man, Deborah Bird Rose

Pacific Studies

No abstract provided.

Nuclear Waste And Native America: The Mrs Siting Exercise, M. V. Rajeev Gowda, Doug Easterling

RISK: Health, Safety & Environment (1990-2002)

Drs. Gowda & Easterling provide cross-cultural perspectives on issues of risk perception, equity and policy as they affect nuclear waste storage on Native American sites.

Indigenous Nations And International Trade, Robert Berry

Librarian Publications

In an era where economic policy must be increasingly fashioned in global terms, the economies of Indigenous Nations in present-day Canada and the United States remain isolated from international commerce.These nations--once independent, now governed by a supervising state --in most cases cannot be said to enjoy evenan unhindered access to commerce within the states that surround them. Indeed, the insularity of the North American Indigenous Nations is a fundamental feature of their existence and, too, a formidable barrier to these nations' ability to establish vibrant and diversified economies.

This Note examines the central role that trade played in relations …