Indigenous Rights Movements & the Law

Firm moves ore through land without telling tribal leaders as mine resurfaces painful legacy of nuclear development

The Navajo Nation has temporarily banned any transport of uranium and other radioactive material over its land without an explicit approval. The executive order issued by Navajo Nation President Buu Nygren will be in effect for at least the next six months. Earlier this week, Navajo police attempted to stop two trucks carrying uranium ore across the reservation from an Arizona mine to a Utah processing mill. Nygren said Energy Fuels Inc., which owns the mine and processing mill, did not provide any notice that the trucks would be crossing through Navajo Nation. Nygren said in a statement, “We’re taking this stance of interpreting and executing the law to ensure the safety of our people and respect for Navajo sovereignty.”

An aid to those who are conducting legal research on the Navajo Nation

Across America, it is altogether too hard for Native Americans to vote. They often must go off-reservation and travel outrageous distances to reach voting services. Many do not have home addresses or mail delivery, making registering and receiving a ballot difficult, if not impossible. Native Americans still face racial discrimination and hostilities when casting their ballots. NARF, in collaboration with Native American advocates across the country, have extensively documented these barriers and are fighting every day against this discrimination.

In June 2021, Secretary of the Interior Deb Haaland announced the Federal Indian Boarding School Initiative, a comprehensive effort to recognize the troubled legacy of federal Indian boarding school policies with the goal of addressing their intergenerational impact and to shed light on the traumas of the past. The announcement directed the Department, under the leadership of Assistant Secretary for Indian Affairs Bryan Newland, to prepare an investigative report, the first volume of which was released in May 2022, detailing available historical records relating to federal Indian boarding schools and to develop the first official list of sites. The Department released the second and final volume of the investigative report, in July 2024. The second volume builds on the initial volume to significantly expand on the number and details of institutions to include student deaths, the number of burial sites, participation of religious institutions and organizations, and federal dollars spent to operate these locations. It also included policy recommendations for consideration by Congress and the Executive Branch to continue to chart a path to healing and redress for Indigenous communities and the nation.

"Restoring Relations introduces, synthesizes, and analyzes traditional stories by Dine and Dene storytellers in orature and film. Restoring storied autonomy, identities, kinship, and languages is coming to a state of harmony, beauty, wellness, peace, and balance by recognizing hane' (story/narrative) in oral, literary, and visual formats (spoken, published, directed, and beaded). The book conceptualizes narrative autonomy as hane'tonomy and visual storytelling from a Dine perspective and offers a map for restorying that resists inauthentic and misappropriated stories. The base of the argument privilege Indigenous narratives and how these narratives are tied to land and relations. In the book's final movement, the author explores the power of story to forge ancestral and kinship ties between the Dine and Dene, across time and space through re-storying of relations"--

"Indigenous Legalities, Pipeline Viscosities examines the relationship between the Wet'suwet'en nation and pipeline development, showing how colonial governments and corporations seek to control Indigenous claims, and how the Wet'suwet'en resist. Tyler McCreary offers historical context for the unfolding relationship between Indigenous peoples and colonialism and explores pipeline regulatory review processes, attempts to reconcile Indigeneity with development, as well as fundamental questions about territory and jurisdiction. Throughout, McCreary demonstrates how the cyclical and ongoing movements between resistance and reconciliation are affected by the unequal relations between Indigenous peoples and colonial government and development operations. This book will be of interest to readers interested in Indigenous and Wet'suwet'en politics, as well as the politics of pipeline development. Scholars in geography, environmental studies, political science, law, and Indigenous Studies will benefit from this sophisticated analysis."--

"In New York Harbour, at the entrance to the United States of America, stands the Statue of Liberty: Liberty Enlightening the World. Liberty stands as a beacon welcoming all to the land of the free, holding a torch and a tablet inscribed with the date of American Declaration of Independence. At her feet lies a broken chain. The ideal of freedom is celebrated as the definitive ideal of modern western civilization, and is exported to the world, often by force. Wars and invasions are justified with the claim that we must free the foreign people, whom we will then turn away at our borders. Many are excluded from the ideal of freedom: the American Declaration of Independence was signed by slave owners, and the land that was declared independent was stolen from Indigenous peoples. Indigenous lands and peoples around the world remain colonized, and the practice of Black slavery continues in practices of mass incarceration. The land of the free, like other "developed" nations, polices its borders to keep out unwanted foreigners. Walls are not really necessary. Worldwide, the freedom of some depends on the exploitation and oppression and exclusion of most of the world's people"--

“I love working on iPretendians/i because it gives me an opportunity to use humor as a vehicle to teach and inform. ” says Angel Ellis, co-host of iPretendians/i, Apple Podcasts' Spotlight show for July 2024. Angel Ellis is a free-press activist and director of Mvskoke Media. Her co-host Robert Jago is a freelance writer, entrepreneur, and Indigenous rights activist from Richmond, British Columbia. Together, they pitched the show to the podcast network, Canadaland, as a new original series. “I broke one of the first big Pretendian stories of this whole moment,” says Jago, “and the way that I did it didn’t provide enough context. This series gives me a chance to try and reshape that.”Ellis and Jago hope listeners understand the serious nature of the problem, while becoming more acquainted to Native joy and humor. “The broadest part of society coming to understand its impact on Indigenous people, has always been a driving motivation for me,” says Ellis. “ If nothing else, I hope listeners learn that there is a way to be supportive of and enjoy Indigenous cultures without wearing it like some passing fad.”What do some of the most prominent and successful Indigenous artists, leaders and professors have in common? They aren’t Indigenous. There are hundreds of cases of Indigenous identity fraud that we know about, and likely thousands that we do not. So why do these so-called “pretendians” do it? How do they pull it off? And what happens when they are exposed? In each episode of this riveting new podcast series, co-hosts Robert Jago (Kwantlen First Nation and Nooksack Indian Tribe) and Angel Ellis (Muscogee (Creek) Nation) reveal unbelievable stories of audacious fraudsters and investigate the complex phenomenon of Indigenous identity theft.  Hosted on Acast. See acast.com/privacy for more information.

For decades, the ideas of equality, justice, and human rights have been the core pillars of Canada’s national identity. However, the reality embedded within our criminal justice system creates a significant obstacle to the actualization of those ideas. Overrepresentation of Indigenous and Black individuals in Canadian jails and prisons, and systemic racism in the criminal […]

The University of Arizona is the state’s only land-grant university and has served in that role since it opened its doors to students in 1891.

Wisconsin is home to 12 tribal nations, each with its own unique history, culture, and government. As sovereign entities, these nations have the inherent right to create, enforce, and adjudicate laws to protect and enhance …

This Note attempts to determine how tribal governments such as the Navajo Nation can exercise greater control over and protect their Nation’s data from external entities. Tribal Nations or Indigenous Nations can exercise their political and cultural sovereignty by utilizing both Indigenous Data Sovereignty (IDSov) and Indigenous Data Governance (IDGov). This Note will examine the Māori’s application of IDSov within their own culturally-specific IDGov framework. Then, there will be an overview of the existing mechanisms available within the Navajo Nation legal system that govern data and the fundamental principles embedded in the culture of the Diné (Navajo) people. Finally, this Note will discuss recommendations that the Navajo Nation can incorporate into its legal system using the Māori’s example of its own data governance model and tools as a template. Overall, the goal of this Note is to demonstrate the legal mechanisms available to the Navajo Nation to implement its own set of data sovereignty principles aligning with its own traditional values, similar to the Māori in Aotearoa (New Zealand).

"Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies"--

Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.

A look at how an 1862 act impacted Native lands and eventually led to UA's fossil fuel use despite climate pledges.

There was celebration at a press conference in Berkeley a day after Berkeley’s City Council voted unanimously to adopt an ordinance giving the title of the land to the Sogorea Te’ Land Trust.

Tribal climate action plans are being stymied by state-owned land within reservation borders.

The urgency of the green transition hasn’t made tribal concerns any less important.

Forcing Indigenous people out of protected areas they help manage and rely on is not the way to achieve biodiversity and climate goals.

The Saint Regis Mohawk Tribe is making kiosks available in key locations so tribal members can access important information for their judicial and law enforcement systems. It’s part of a multi-phase effort to make their official procedures more transparent and accessible. They plan on ultimately providing digital access to their entire law library, court decisions and other documents that improve citizens’ understanding and engagement with government functions. We’ll talk with tribal representatives from Saint Regis and other tribes putting a priority on transparency and openness.

This webinar showcases authors featured in the upcoming edition of Human Rights, which focuses on current issues and recent developments regarding Native American rights.

Extractive industries filling public university coffers on stolen land. Here's how 14 land-grant colleges took 8.2 million acres from 123 Indigenous nations.

"Written by leading Indigenous and non-Indigenous scholars, Voicing Identity examines the issue of cultural appropriation in the contexts of researching, writing, and teaching about Indigenous peoples. This book grapples with the question: who is qualified to engage in these activities and how can this be done appropriately and respectfully? The authors address these questions from their own individual perspectives and experiences, often revealing personal struggles and their ongoing attempts to resolve them. There is diversity in perspectives and approaches, but also a common goal: to conduct research and teach in respectful ways that enhance understanding of Indigenous histories, cultures, and rights, and promote reconciliation between Indigenous and non-Indigenous peoples. Bringing together contributors with diverse backgrounds and unique experiences, Voicing Identity will be of interest to students and scholars studying Indigenous issues as well as anyone seeking to engage in the work of making Canada a model for just relations between the original peoples and newcomers."--

"In 1987, when Karen Van Fossan's teenage identity was stolen in a botched bank robbery, she maintained an unquestioning allegiance to the colonial legal system. In 2021, when she found herself in a jail cell on a Water Protector charge, she had long since been a resister of her own colonial culture. But what does it mean, as a descendent of colonialism, to seek to be un-colonial?"--

By Kirstin Nelson (Follow us on LinkedIn) When I started my job at the National Agricultural Library, I had yet to think much about land grant universities. I attended one (University of Nebra…

Work on a $10 billion project to funnel renewable energy across western states has come to a halt in southwestern Arizona.