"Why We Need The UN
DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES"27 Feb 2011
By:Walter Echo-Hawk
MANY IN INDIAN COUNTRY
fail to see how international law can
help solve tribal problems at home on Indian reservations. That is
short-sighted. By contrast, the leading Indian Country organizations
fought hard for many years to develop the UNDRIP and obtain UN and US
approval. Those advocates include the National Congress of American Indians,
Native American Rights Fund, Indian Law Resource Center, Navajo Nation, Lummi
Nation, Citizen Potawatomi Nation, and many others. They saw the need for the
UNDRIP.
There is a need for the UNDRIP protections in the US, even though the
UN standards arise from international sources. International law has
always been a major influence on federal Indian law, as seen in the
treaties, and inhertent tribal soveriegnty, Indian trust and
guardianship doctrines.
Today the legal framework for Native American rights is in deep
trouble. It is under assault by a US Supreme Court that has become
increasingly hostile to Native rights, ruling against Indian tribes in
over 80% of the cases since 1985. This frightening judicial trend has
created a legal crisis that makes Native rights vulnerable today. It
places the gains made by the last Generation into jeopardy, and causes
many concerned scholars & tribal leaders to worry: "Is Federal
Indian Law dead?"
If the UNDRIP standards are implemented into US law, they could throw
a life-line to federal Indian law. If we identify areas of federal
Indian law that do not meet UN standards, and understand why our current
legal doctrines are inadequate, Indian Country can build a social
movement to strengthen Federal Indian Law in the 21st Century around the
UNDRIP standards. Those standards are an important tool, because they
can serve as a guidepost for improving the law and set the course of a
legislative and social agenda for the next generation.
One example llustrates the enormous promise of the UNDRIP standards:
My new book (In the Courts of the Conqueror) studies the 10 worst Indian
law cases ever decided. If the UNDRIP standards had been in effect at
the time those cases were decided, the outcomes would have been
different and we would not have a "dark side" to federal Indian law
today!
We should all study the UNDRIP standards, learn their content, see
how they further Native American aspirations in the 21st Century, and
think about how our nation can implement them into our legal system.
More on the UNDRIP standards next week!
http://www.walterechohawk.com/?page=blog&action=viewPost&postID=23
Walter Echo-Hawk is a Native
American attorney, tribal judge,
author, activist, and law professor. He represents Indian tribes on
important legal issues, such as treaty rights, water rights, religious
freedom, prisoner rights, and repatriation rights. His career spans the
pivotal years when Indian tribes reclaimed their land, sovereignty, and
pride in a stride toward freedom.
As a Native American rights attorney since 1973, Walter worked at the
epicenter of a great social movement alongside visionary tribal
leaders, visited tribes in indigenous habitats throughout North America,
and was instrumental in the passage of landmark laws—such as, the
Native American Graves Protection and Repatriation Act (1990) and the
American Indian Religious Freedom Act Amendments (1994). He litigated in
many of the epic struggles and has written extensively about the rise
of modern Indian nations as a Native American author with first-hand
experience, most recently in his new groundbreaking book, In the Courts of the
Conqueror: The 10 Worst Indian Law Cases Ever Decided (2010) .
Examples of Walter’s recent work in 2010 are:
A month-long trial in 2010 to quantify Klamath Indian water rights
for hunting, fishing, and gathering. The case preserves a
treaty-protected way of life in an awesome indigenous habitat.In 2010, he
represented Tlingit tribes and clans of southeast
Alaska, including the Sealaska Corporation, to repatriate sacred objects
and cultural patrimony.He taught law at University of Tulsa College of Law.He
received Oklahoma’s “Governor’s Commendation” from Governor Brad
Henry “for professional contributions on behalf of Native cultures.”
This follows awards in 2009: the Federal Bar Association’s “Judge Sarah
Hughes Civil Liberties Award” for civil rights work and the Oklahoma
State University’s “Distinguished American Indian Alumni.”New publications
include (1) a book on federal Indian law, In The Courts of the Conqueror
(2010); (2) a chapter on aboriginal land rights in Coming to Terms: Aboriginal
Title in South Australia (2010); and (3) a thought-provoking article, “Under
Native American Skies” (2009) about the need for a land ethic.He is currently
of counsel to Crowe & Dunlevy, one of Oklahoma’s oldest and largest law firms,
and assists the firm’s Indian Law and Gaming Practice Group.
Walter speaks extensively and appears in film and radio to educate
the American public about tribal life, culture, and indigenous justice.
He is currently on a national book tour for his new book, and appeared
in The Development of NAGPRA, a new film about the Native American
repatriation movement produced by the National Park Service in 2010, and
several national radio programs. Always thought-provoking,
inspirational, and sometimes provocative, he explains complex issues in a
professional, but easily-understood style.
[Non-text portions of this message have been removed]
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