No subject

tribal nation of its land and people and affairs] that prevailed for =
eons until the European invasion, there has been, via the long "trail of =
broken treaties" [broken by the Europeans and then by the =
Euro-Americans], considerable erosion of sovereignty. The basic Native =
tribal/nation thrust is always the preservation and expansion of =
sovereignty to its full level and the achievement of full =
self-determination -- within the context of treaty rights; and always, =
too, the maintenance and expansion of the land base, the effective =
protection of the respective tribal societies and their cultures, and =
the preservation of the respective tribe's natural resources.

For more on all of this, see http://hunterbear.org/nativeamericans.htm

What follows is a discussion of tribal/nation sovereignty with especial =
focus on the matter of labor unionism. One of the points I make is that, =
if a union seeks to represent, say, workers on tribal lands -- or, if =
those workers want a union to represent them -- this is going to have to =
be done within the framework of the respective tribal nation -- not via =
outside Federal or state laws. [Violations of tribal labor laws can be =
dealt with in tribal court, or via tribal elections, or via informal =
internal means.] And if a union "from the outside" [as generally the =
case] is going to represent workers within the territory of an Indian =
nation, then the union is going to have to work hard to present an =
effective and appealing case. Among other things, that means hiring =
Native organizers and other staff[ preferably from the tribe involved] =
in genuinely meaningful capacities -- and not taking the presumed "easy =
route" of seeking advocacy from, say, the Federal government vis-avis =
Native tribal frameworks. Some unions have met this challenge well, many =
still haven't.=20

The Bush administration was no great friend of Native America -- but =
many Democrats haven't been, either. The nature and thrust of the Obama =
administration remains to be seen on Native issues -- and much else.

This is an older article, somewhat updated, but the issues have not =
changed.

UNIONS, NATIVES, TRIBAL SOVEREIGNTY [HUNTER GRAY FEBRUARY 16 2002] =
UPDATED JUNE 24 2005

"The 10-1 ruling said the pueblo's right-to-work measure was "clearly an
exercise of sovereign authority over economic transactions on the
reservation." From the AP story of January 16, 2002.

Note by Hunter Bear:

This is a very complex -- and sensitive -- situation. I write as a =
Native
activist who consistently and vigorously supports labor unionism. I
presently belong to three unions.

Very recently, the Tenth U.S. Circuit Court of Appeals handed down a =
ruling
which upholds -- in the context of tribal sovereignty -- the right of a =
Native
nation [San Juan Pueblo of New Mexico] to enact and maintain a =
right-to-work
law. This relates specifically to workers at a sawmill on a reservation =
but
has, many of us feel, very wide ramifications in Indian Country =
generally --
and a key economic dimension involved in all of this could well be =
workers
in tribally-owned casino operations.=20

This is a ruling -- in an obviously sad situation -- which virtually all
Native people will support as well as informed and issues-sensitive
non-Native people.The possible motives of the leadership of San Juan =
Pueblo
in this matter quite aside, this general support for the ruling has =
nothing
to do with unions. It does involve the absolutely critical importance =
for Native Americans in maintaining what tribal/national sovereignty =
remains.

Unions -- effective unions sensitive and committed to Native concerns -- =
are
increasingly critical in the Native American worker context: both on and
off the reservations. The Tenth Circuit ruling and the collateral
implications pose a substantial challenge to unionism.

I strongly believe that unions can and must meet the challenge of =
effective
organization and vigorous representation of Native American workers. I
believe that unions will -- but it's going to require much awareness and
sensitivity on their part with respect to Native people and societies =
and
cultures and concerns. Among other things, unions are going to have =
learn a
great deal about Native Americans. And the unions are going to have to =
hire
Native organizers -- and certainly Native staff from the respective =
tribal
setting involved. And more.

First, a little quick background on the matter of Native tribal =
sovereignty.
Then, several excerpts from a long letter on Natives and unions that =
I've just written to a friend much involved on behalf of Native rights. =
Then, I have a section dealing with a labor union's reaction to a =
situation at a North Dakota tribally-owned manufacturing unit. Finally, =
a newspaper article on the background and specific nature of the San =
Juan Pueblo ruling.=20

TRIBAL SOVEREIGNTY:

A Native tribal nation, like all nations, has inherent
sovereignty. Full sovereignty is the full and ultimate control by the
tribal nation of its land, its people, and its affairs. Much sovereignty
has been lost -- however temporarily -- by the tribal nations in both =
the
U.S. and Canada but some functional sovereignty does remain.

Native sovereignty has been badly eroded. In the United States, the
current situation is referred to as "residual" or "limited sovereignty" =
-- a
tribal nation has control over some dimensions but not over others. The
fight is always to preserve and to expand sovereignty. Sovereignty, =
obviously, is power -- and protection and security -- and critical to =
individual and
societal well-being.

A Federally recognized tribe today in the U.S. has these powers in the
context of "limited" or "residual" sovereignty:

1] Tribes can govern themselves administratively and judicially -- under
the regulations of the Indian Reorganization Act [1934] and subject to =
the
Major Crimes Act [1885], Public Law 280 [1953] and the Indian Civil =
Rights
Act [1968.]

2] Tribes can tax their members and tax outside business enterprises
functioning on the reservation.

3] Tribes can handle domestic relations.

4] Tribes can apportion tribal property [e.g., homesites.]

5] Tribes can regulate inheritance.

6] Tribes can determine tribal membership.

Obviously this excludes much from "the full and ultimate control by the
tribal nation of its land, its people, and its affairs."

As just an example, let's look at the criminal justice situation on a
Federal Indian reservation today:

A tribe CAN arrest and prosecute an Indian who commits misdemeanor-type =
crimes
within the boundaries of the reservation.

A tribe CANNOT arrest and prosecute anyone who commits felony crimes on =
its
reservation. In the greatest majority of cases, this power is held by =
the
Federal government under the Major Crimes Act of 1885 -- although a
non-Indian to non-Indian felony on a reservation is turned over to state
officials. In a small minority of cases, however, Public Law 280 [1953]
gives all felony jurisdiction to the state.

[PL-280, BTW, was part of the infamous "Termination Package" of the
reactionary 1950s and beyond which included, in addition to 280, formal
efforts to terminate treaty rights -- and although this was kept at =
arm's
length by most tribes and eventually ended and reversed as policy, =
played
hell with the Menominee and Klamath and a number of other affected =
nations.
Termination efforts included, too, the urban relocation scheme which
maneuvered tens of thousands of Native people into the cities with both
"the stick" and "pie in the sky" promises and dumped them there sans
Federal Indian benefits.]

In 1978, the US Supreme Court issued the Oliphant decision which =
prevents
tribes from prosecuting non-Indian offenders on its reservation.
Immediately following this, I had the interesting experience of spending =
a
day discussing OIiphant and its implications at a special
workshop for Navajo tribal police at Window Rock. [I handled the =
Criminal
Justice curriculum at Navajo Community College.] It was clear that =
massive
confusion was fast developing and that the only immediate solution was
cross-deputization of tribal police by state authorities. [The Navajo =
Nation
is bigger than the state of West Virginia and, in this case, Arizona, =
New
Mexico, Colorado, Utah are involved.] Cross-deputization in Indian =
country
generally came to pass quickly, enabling a cross-deputized tribal police
officer to arrest a non-Indian on the reservation -- but the non-Indian
would have to be turned over to state or Federal officers. Further, only
rarely was a state cross-deputized tribal officer able to arrest someone =
on
state jurisdiction.

If this was not confusing enough, the U.S. Supreme Court in the 1990 =
Duro
decision sought to prevent a tribe from arresting and prosecuting =
Indians
of other tribes on its reservation! This fast-developing and completely
bizarre twist led Congress to forthwith pass special "blocking" =
legislation
which was made permanent in 1992. Thus Duro has been effectively =
nullified.

This has led a great many of us to call for restoration of full Native =
civil
and criminal jurisdiction [ jurisdiction over everyone!] on the
reservations.

The completely tangled criminal justice jurisdictional situation on =
Federal
Indian reservations epitomizes the very complex mess in which most =
Native
people are caught up today.

For the remainder of this long page,with much more on all of this -- and =
some representative discussion/dialogue, see

http://hunterbear.org/Unions,%20Workers,%20Tribal%20Sovereignty.htm

H.

HUNTER GRAY [HUNTER BEAR/JOHN R SALTER JR] Mi'kmaq /St. Francis
Abenaki/St. Regis Mohawk
Protected by Na=B4shdo=B4i=B4ba=B4i=B4
and Ohkwari'

Check out our Hunterbear website Directory =
http://hunterbear.org/directory.htm
[The site is dedicated to our one-half Bobcat, Cloudy Gray:
http://hunterbear.org/cloudy_gray.htm

I have always lived and worked in the Borderlands.=20

In our Gray Hole, the ghosts often dance in the junipers and sage, on =
the
game trails, in the tributary canyons with the thick red maples, and on =
the
high windy ridges -- and they dance from within the very essence of our =
own
inner being. They do this especially when the bright night moon shines =
down
on the clean white snow that covers the valley and its surroundings.  =
Then
it is as bright as day -- but in an always soft and mysterious and
remembering way. [Hunter Bear]