In the spirit of truth and reconciliation, judges, lawyers, and law enforcement officers write about working with First Nations, Metis, and Inuit Peoples through their trials and tribulations with the criminal justice system. The stories are a mix of previously published essays from the True Cases anthologies with an equal number of new chapters by legal and law enforcement professionals including Justice Thomas Berger (posthumous), Justice Nancy Morrison, Justice John Reilly, Senator Kim Pate, lawyers Eleanore Sunchild, Brian Beresh, and John L. Hill, and parole and police officers Doug Heckbert, Ernie Louttit, Val Hoglund, and Sharon Bourque.

Support our work: https://democracynow.org/donate/sm-desc-ytWe're joined by award-winning Cherokee writer and journalist Rebecca Nagle, whose new book, By th...

For nearly 50 years, the remains of two Native American individuals have been stored at the Arizona Capitol. Now, they are on their way back to their final resting place, but one state senator says that isn’t enough. In 1976, two fragments of bones were donated to the Arizona State Library. The remains were transferred to the newly opened Arizona Capitol Museum in 1982, where they remained until 2024. “Unfortunately we just know very little,” said Stephanie Mahan, a senior administrator at the Capitol Museum, of the remains and the individuals they belonged to. The remains are subject to a federal policy called the Native American Graves Protection and Repatriation Act, which was passed in 1990. NAGPRA requires all museums and universities receiving federal funding to return Native American remains and artifacts in their collections to the tribes they are most closely affiliated with. Many of the remains held by institutions across the country were taken by archaeologists working at burial sites of Indigenous peoples in the late 1800s and early 1900s. The federal law was enacted to outline a process by which tribes could recover those remains and return their ancestors to their homelands. Some of Arizona’s representatives in Congress at the time, like late-Rep. Morris Udall and late-Sen. John McCain, advocated for the law’s passage. In an effort to comply with the law, Capitol Museum officials reached out to the Arizona State Museum at the University of Arizona and transported the remains to Tucson earlier this year. The museum currently holds the largest collection of Native American remains in Arizona and is working to repatriate them back to the tribes they came from, in addition to assisting other institutions with their repatriations. Neither the Capitol Museum nor Arizona State Museum were able to determine a definitive cultural identity for the individuals in the Capitol Museum, but the Salt River Pima-Maricopa Indian Community and the Gila River Indian Community have made a joint claim to the remains. Now that a claim has been made, Arizona State Museum can work with the tribes to return the individuals for reburial. It’s unclear where the remains held at the Capitol originated from or how they arrived in Phoenix, but an official from the State Museum said it's likely that the remains belonged to individuals who were part of one of the many Indigenous communities in the Phoenix area. “Because we can say … that there is a bit of a probability that the remains came from this general region, then it was decided that the tribes within the Phoenix basin area would claim those remains and provide them with a place to rest again,” said Cristin Lucas, the repatriation coordinator at the State Museum. “It may not be this specific group of individuals who are the specific descendants, but the ultimate concern is that everyone should be provided a place of rest in the end.” A spokesperson for the Secretary of State’s Office, which oversees the State Library, said there are no records at the library related to the individuals or their time before they were transferred to the Capitol Museum. Mahan said that the remains were stored at the Polly Rosenbaum State Archives and History Building – which is managed by the Secretary of State’s Office – not the Capitol Museum, which is located in the old Capitol building that once housed the state House and Senate. Despite the Secretary of State Office’s control over the archives building, the Capitol Museum retained legal control over the remains. Now, Arizona State Museum is working to transfer legal control over to the two tribal communities that will receive the individuals for burial. According to Lucas, the remains will likely be repatriated to the tribes in the next few weeks. “Cases like this are really important because they are individuals who basically no information is known [about], and so it's a complex situation both for institutions but also for tribes,” Lucas said. A representative for the Gila River Indian Community declined to comment for this story, citing the sensitive nature of repatriations. A representative for the Salt River Pima-Maricopa Indian Community did not respond to requests for comment. State Sen. Theresa Hatathlie, D-Tuba City, is a member of the Navajo Nation and said she was not aware that Native American human remains had been stored at the state Capitol, but said it is “an absolute shame.” “Tribal members are very respectful of how they handle their loved ones' remains,” Hatathlie said. “It's a time of observance and reverence, and so each culture has a certain process in place, but for it to be held like this, it's denying that individual's spiritual process.” Although the federal act governs the repatriation of Native American remains at the federal level, Hatathlie said she thinks more needs to be done at the state level. Museums and institutions in the state can receive federal funding for repatriation efforts, but the state government does not offer any support for institutions – even those like Arizona State Museum that are considered state entities. According to state statute, the musdeum is Arizona’s official archaeological repository and is responsible for all human remains and artifacts that are unearthed on state or private land. Arizona State Museum is allowed by state law to charge for the handling and storage of those remains and artifacts, but it does not receive any specific funding from the state to carry out those duties. “Going forward, specifically for the state of Arizona, to put together a policy tied with consequences, I think that that's a process that needs to take place,” Hatathlie said of institutions that are noncompliant. She said the return of the two individuals who have been held at the Capitol Museum is a start, but she doesn’t want “people [to] think they can walk away with a clear conscience.” “It's an absolute shame that we are even having this conversation in this day and age,” Hatathlie said. “It goes right back down to the blatant disrespect to the Indigenous tribes of the state of Arizona and all over the U.S.”

"Treaties made in the 1800s between the United States and the Indigenous nations of what is now Wisconsin have had profound influence on the region's cultural and political landscape. Yet few people realize that in the early part of that century, the Menominee and Ho-Chunk Nations of Wisconsin signed land treaties with several Indigenous nations from New York State. At the onset of the removal era, these eastern nations, including the Oneida Nation and the Six Nations Confederacy, were under constant pressure from the federal government and land speculators to move to lands around Green Bay and Lake Winnebago. In this groundbreaking book, Carol A. Cornelius has compiled a careful account of these nation-to-nation treaties, in large part in the words of those Indigenous leaders who served as the voices and representatives of their nations. Drawing on a rich collection of primary sources, Cornelius walks readers through how, why, and for whom these treaties were made and how the federal government's failure and unwillingness to acknowledge their legitimacy led to the further loss of Indigenous lands. The living documents transcribed here testify to the complexity and sovereignty of Indigenous governance then and now, making this volume a vital resource for historians and an accessible introduction to Indigenous treatymaking in Wisconsin"--

The politics of domination with which the United States oppresses and exploits the Native Nations, is a violation of the intentions of the framers of the Constitution, and the meaning of the text itself. The arguments of the advocates of the genocide of the 1830s and their appeasers have come to determine the law, policy, and conduct of the United States, while the arguments of the opponents of what came to be known as the Trail of Tears have largely been forgotten, at least among non-Native people. By recovering these arguments, and allowing readers to explore large questions of law, justice, genocide, and politics in a context closely tethered to empirical evidence and careful argument, this book should facilitate more widespread understanding of the Native Nations' rights to their treaty-guaranteed dominion over their own lands and perhaps help open communication between the American people and the peoples of the Native Nations; communication on which the emergence of what Martin Luther King, Jr. called 'the beloved community' depends. Arguments over Genocide aims to reach a broad audience of college students, in courses on American History, Indigenous Studies, and the United States and the World, as well as in more specialized upper division courses on constitutional law, American/European imperialism, and resistance, independence, and decolonization movements. Individuals interested in the founding of the United States, in the Trail of Tears, and in 19th century American history should find the work compelling, as should legal practitioners in the field

Dinah Shelton and Federico Guzman Duque examine the human rights of indigenous peoples and communities under current international law. Setting out a historical overview of the legal treatment of native populations from the colonial period to the present, the authors deftly analyze frameworks of institutions monitoring indigenous human rights, theoretical issues relating to these, access to justice and reparations, and special considerations afforded to specific indigenous communities.

"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."--

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).

Trigger Warning This website contains stories about the ongoing genocide against Indigenous women, girls, transgender, gender-diverse, and Two-Spirit

"Illuminating the First Nations struggles against the Canadian state, It's All about the Land exposes how racism underpins and shapes Indigenous-settler relationships. Renowned Kahnaw:ke Mohawk activist and scholar Taiaiake Alfred explains how the Canadian government's reconciliation agenda is a new form of colonization that is also guaranteed to fail. Bringing together Alfred's speeches and interviews from over the past two decades, the book shows that Indigenous peoples across the world face a stark choice: reconnect with their authentic cultures and values or continue following a slow road to annihilation. Alfred proposes a radical vision for contesting and confronting the ongoing genocide of the original peoples of this land: Indigenous Resurgence. This way of thinking, being, and practising represents an authentic politics that roots resistance in the spirit, knowledge, and laws of the ancestors. Set against the historic arc of Indigenous-settler relations in Canada and drawing on the rich heritage of First Nations resistance movements, It's All about the Land traces the evolution of Indigenous struggle and liberation through the dynamic processes of oratory, dialogue, action, and reflection."--

"The book provides individual Diné/Navajo examinations and understandings of Níhi kéyah, Navajo homeland. These examinations and understandings represent a distinctive lens of Diné/Navajo peoples and way of life"--

"An award-winning author investigates the entangled history of her Jewish ancestors' land in South Dakota and the Lakota, who were forced off that land by the United States government. "A brilliantly conceived family history, one that places questions of responsibility and atonement at the center of the conversation about America's political future."--the Whiting Foundation. Growing up, Rebecca Clarren only knew the major plot points of her tenacious immigrant family's origins. Her great-great-grandparents, the Sinykins, and their six children fled antisemitism in Russia and arrived in the United States at the turn of the 20th century, ultimately settling on a 160-acre homestead in South Dakota. Over the next few decades, despite tough years on a merciless prairie and multiple setbacks, the Sinykins became an American immigrant success story. What none of Clarren's ancestors ever mentioned was that their land, the foundation for much of their wealth, had been cruelly taken from the Lakota by the United States government. By the time the Sinykins moved to South Dakota, America had broken hundreds of treaties with hundreds of Indigenous nations across the continent, and the land that had once been reserved for the seven bands of the Lakota had been diminished, splintered, and handed for free, or practically free, to white settlers. In The Cost of Free Land, Clarren melds investigative reporting with personal family history to reveal the intertwined stories of her family and the Lakota, and the devastating cycle of loss of Indigenous land, culture, and resources that continues today. With deep empathy and clarity of purpose, Clarren grapples with the personal and national consequences of this legacy of violence and dispossession. What does it mean to survive oppression only to perpetuate and benefit from the oppression of others? By shining a light on the people and families tangled up in this country's difficult history, The Cost of Free Land invites readers to consider their own culpability and what, now, can be done"--

‘Indigenous presence is vital to the stewardship of the land.’

"This book examines the construction of memory in two indigenous sacred sites in the US and Mexico. It juxtaposes two relationships, the Chemehuevi people and their ties with the Old Woman Mountains of the East Mojave Desert, and the Caxcan people and their ties with Tlachialoyantepec in Zacatecas, Mexico. This research outlines a personal journey, a process of making connections through indigenous decolonial methodologies, and a research project in histories of both the Chemehuevi and Caxcan and their relationships to sacred mountains. This work emphasizes cultural engagements with performative and phenomenological insights as having historic preservation value"--