Plateau Center for Research Collaboration Plateau Center established
Plateau Center for Research & Collaboration Plateau Center established at the recommendation of Native American Advisory Board to the President, comprised of representatives from 11 MOU tribes. http: //native. wsu. edu/ WSU Plateau Center, Office of Native American Programs • • • Barbara Aston, MA (Wyandotte), Director/Tribal Liaison. Ken Lokensgard, Ph. D. Asst. Director, Plateau Center for Research & Collaboration. Zoe Higheagle Strong, Ph. D (Nez Perce), Research Fellow. https: //pnwcosmos. org/
Our Obligations and our Location • WSU’s status as a Land Grant University and location on traditional Palus lands and ceded Nez Perce territory reinforces our obligations. • Memorandum of Understanding between WSU and Signatory Tribes addresses “relationships between them” and “quality of educational services and opportunities to Native American students Washington State University and Signatory Tribes, 8 November 1997
566 Federally Recognized Tribes in US. 29 Federally Recognized Tribes in WA. 11 MOU Tribes: • • • “Contemporary Indian Reservations of Northwest Coast and Plateau Cultural Groups, ” UW Libraries Digital Collections. • • • Coeur d'Alene Tribe Confederated Salish & Kootenai Tribes Confederated Tribes of the Colville Reservation Confederated Tribes of the Umatilla Indian Reservation Confederated Tribes of Warm Springs Cowlitz Indian Tribe Kalispel Tribe Kootenai Tribe of Idaho Nez Perce Tribe Spokane Tribe Yakama Nation
Federally Recognized Tribes & Nationhood • Historically, Federal Gov’t made treaties with tribes. – “The Congress shall have Power. . . to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ” United States Constitution (art. I, sec. 2, cl. 3). • 1831, SCOTUS Chief Justice John Marshall: Tribes are “domestic dependent nations” (v. foreign nations or states). – “dependent”: US has a trust responsibility/legal obligation to tribes. • Post 1871, tribes recognized via Executive Orders, Acts of Congress, Decisions of Courts, and Interior Dept’s “Federal Acknowledgment Process. ” • Updated list published annually in The Federal Register.
Federally Recognized Tribes & Nationhood • Bureau of Indian Affairs (Part of US Department. of Interior): – “A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs. – Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i. e. , tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States. ”
History, Federal Policies, & Legislation • • • 1824, The Indian Office federal agency was established under the War Department. – The Office transfers to DOI, as the BIA, in 1849. 1847, Westward migration of Euro-Americans begins via Oregon Trail. 1858, In May, Coeur d'Alene, Palus, Spokane and other Indians defeat force led by Lt. Col. Steptoe, near Colfax (in response to violations of unratified 1855 treaty). – As an eventual consequence, Col. George Wright hangs 16 Indian prisoners without trial. Others are shot, starve during winter (crops burned), etc. 1870, President Grant's Peace Policy – Indian agencies are assigned to religious denominations, who then select the agents/superintendents, etc. Policy shifts post 1892. 1877, Nez Perce War – US Army responds to tensions between some Nez Perce and 1855 treaty-violating settlers. To avoid a battle that would have resulted in being forced onto a reservation, about 800 Nez Perce fled 1, 500 miles. Most are caught 30 miles south of the Canadian border. Survivors are sent to Indian Territory in OK, despite US Govt’s promise to return them to homeland.
Written Sources Allan Pinkham and Steven R. Evans, Lewis and Clark Among the Nez Perce: Strangers in the Land of the Nimiipuu (Dakota Institute, 2015). L. V. Mc. Whorter, Yellow Wolf: His Own Story (Caxton Press, 2014).
History, Federal Policies, & Legislation • • • 1883, Courts of Indian Offenses established; rules refined in 1892: – Traditional religious practices, such as Sun Dance, "similar dances and so-called ceremonies, " practices of "so-called 'medicine man'" are banned. Practitioners of these “heathenish practices” are tried and punished according to codified rules. First violation punishable by 10 -30 days imprisonment. Sanctions lifted in 1934. 1878, Carlisle Indian School established: – First off-reservation boarding school created. Many schools closed throughout 1900’s, but mandatory education remained on reservations. 1880, Chemawa Indian School established in OR, remains in operation. 1886, Native languages prohibited in Indian schools. 1887, General Allotment Act (Dawes Act): – Reservation lands are allotted to Native American individuals. Each allotment held in trust for 25 yrs. After these years (if land patent is transferred), citizenship is extended to allotment owners. Ownership of private property seen as “agent of civilization” (Sec. of Int. Henry Teller, Annual Report, 1883). • 1924, Indian Citizenship Act. Seen both positively and negatively.
Ft Simcoe Boarding School, Yakama Reservation. Est. 1859. Estelle Reel Collection, Eastern WA State Historical Society
Tulalip Students, 1865. W. F. Robertson, UW Libraries Special Collections
Col. Richard H Pratt, Headmaster: “Kill the Indian, Save the Soul. ” Carlisle Indian Industrial School, PA. Est. 1878. Picture circa 1900. No further info.
Melissa D. Parkhurst, To Win the Indian Heart: Music at the Chemawa Indian School (Oregon State U. Press, 2014).
History, Federal Policies, & Legislation • • • 1934, Wheeler-Howard Act/Indian Reorganization Act (IRA): – Tribes encouraged to create constitutions, organize tribal business councils 1940 s-1950 s: Termination and Relocation Policies Alaska Native Claims Settlement Act, 1971: – Alaskan Natives organized into "Village Corporations" 1975, Indian Self-Determination and Education Assistance Act 1978, American Indian Religious Freedom Act: – ". . . henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians. ” 1990, Employment Div. , Dept. of Human Resources v. Smith, 1990: – “laws of general applicability that burden the free exercise of religion require no special justification. ” • American Indian Religious Freedom Act Amendment of 1994 • 1988, Lyng v. Northwest Indian Cemetery Protection Association – Fed’s failure to understand importance of landscape and place limits free exercise.
MOU Tribal Members have been intimately involved in asserting and strengthening sovereignty through direct activism, scholarship, and cultural leadership. Bernie Whitebear, Sin. Aikst/Lakes Tribe, CCT. Whitebear fought for fishing rights and urban resources. Resisted termination of Colville Tribes. Post Intelligencer Collection, Museum of History & Industry. Lawney Reyes, The Last Fish War: Survival on the Rivers (American True Stories, 2016).
Tribal Membership & Identity • Historically and among “traditionalists” identity is often tied to behavior toward and relationships with others, or “personhood. ” • Legal criteria for Tribal membership set by tribes: “blood quantum, ” lineal descent, community recognition, etc. • Criteria for federal recognition of individual identity varies: usually requires ¼ - ½ “blood quantum, ” as noted on CDIB • Latest data: 2 million enrolled (BIA, 2005), 4. 5 million self-identified (US Census, 2007). • As many as 200 languages now viable.
Government-to-Government Relations: Federal • Executive Order 13175: Consultation and Coordination with Indian Tribal Governments – “By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes” November 6, 2000, William J. Clinton http: //www. gsa. gov/portal/content/101569
Government-to Government Relations: State • Centennial Accord – “Each Party to this Accord respects the sovereignty of the other. The respective sovereignty of the state and each federally recognized tribe provide paramount authority for that party to exist and to govern. The parties share in their relationship particular respect for the values and culture represented by tribal governments. Further, the parties share a desire for a complete Accord between the State of Washington and the federally recognized tribes in Washington reflecting a full governmentto- government relationship and will work with all elements of state and tribal governments to achieve such an accord. ” http: //www. goia. wa. gov/Government-to. Government/Data/Centennial. Accord. htm
Government-to-Government Relations: State • Millennium Agreement http: //www. goia. wa. gov/Government-to-Government/Data/agreement. htm • Out-of-state Accords: Nez Perce and Confederated Tribes of the Umatilla Indian Reservation http: //www. goia. wa. gov/Relations/Out. Of. State. Accord. pdf
Government-to-Government Relations: State • Governor’s Office of Indian Affairs http: //www. goia. wa. gov/ Governor’s Office of Indian Affairs • Tribal Directory http: //www. goia. wa. gov/Tribal-Directory/Tribal. Directory. pdf • Centennial Accord Agency Highlights 2015 http: //www. goia. wa. gov/relations/Tab 4 -Agency. Highlights 2014 -2015. pdf
Exercising Sovereignty in Education • RCW 28 A. 410. 045: First peoples' language, culture, and oral tribal traditions teacher certification program—Established—Rules. http: //app. leg. wa. gov/RCW/default. aspx? cite=28 A. 410. 045 • History and Culture http: //app. leg. wa. gov/RCW/default. aspx? cite=28 A. 320. 170 • Compact Schools http: //apps. leg. wa. gov/wac/default. aspx? cite=392 -800&full=true
Government-to-Government Relations: Washington State University • Memorandum of Understanding – MOU directs WSU to help “increase access to and Native American achievements at WSU” and to “promote Native American studies and educational programs throughout the University, to serve the needs of Native American students, other students, and the [MOU] Signatory Tribes. ” Washington State University and Signatory Tribes, 8 November 1997 http: //native. wsu. edu/tribal-liaison/mou/MOU%20 November%202015. pdf
American Indian & Alaska Native Organizations • • Affiliated Tribes of Northwest Indians National Congress of American Indians Northwest Portland Area Indian Health Board Columbia River Intertribal Fish Commission Upper Columbia Intertribal Fish Commission Northwest Intertribal Fish Commission Intertribal Timber Council
The Academy, Sovereignty, & Accountability • WSU Native American Advisory Board to the President • Tribal Nation Building Leadership Program • University and Tribal Research Protocols
Indigenous Research Methods & “Relational Accountability. ” • • • “Traditional” Native American emphasis upon relationships with others as markers of identity manifest a parallel emphasis upon “reciprocity. ” Relationship and Reciprocity are fundamental to Indigenous ontology and epistemology. Contemporary Native scholars thus highlight “Relational Accountability” in discussions of “Indigenous Research Methods. ” Sean Wilson (Cree), Research is Ceremony: Indigenous Research Methods (Winnipeg: Fernwood Publishing 2008). • Non-Native scholars, researchers, and mentors must extend accountability beyond academic peers to include Native American students and communities to “counter exploitative research. ” Margaret Kovach (Plains Cree/Salteaux), Indigenous Methodologies: Characteristics, Conversations, and Contexts (Toronto: U. of Toronto Press, 2009).
No Accountability: Joseph Mengele, Ph. D Anthropologist, Med. Officer. Attempted to change patients’ eye colors, introduced disease, sewed together twins, etc. During the War Argentinian ID
The Doctors’ Trials, Nuremberg (19461949) Defendants Trials led to drafting of 10 article “Nuremburg Code” 1. The voluntary consent of the human subject is absolutely essential. 2. The experiment should be such as to yield fruitful results for the good of society, unprocurable by other methods or means of study, and not random and unnecessary in nature. Witness/Experimentee
Limited Accountability: Guatemala STD Study (1946 -1948) • In 2000, Susan Reverby reveals NIH-funded research involving deliberate infection of Guatemalans with STDs. – Orphans, prostitutes, prisoners, and patients • Dr. R. C. Arnold to research designer Dr. John Cutler in 1948: “I am a bit, in fact more than a bit, leery of the experiment with the insane people. They cannot give consent, do not know what is going on, and if some goody organization got wind of the work, they would raise a lot of smoke. I think the soldiers would be best or the prisoners for they can give consent. ” • Johns Hopkins U. , Rockefeller Institute, and Bristol-Myers Squibb being sued for their involvement. • Reverby was investigating Cutler’s leadership of infamous Tuskegee Syphilis Study (1932 -1972).
Limited Accountability: ASU’s “Diabetes Project with the Havasupai” (1989 -2004? ) • Beginning in 1989, ASU and other researchers collected blood to research genetic link to diabetes among tribal members. • Researchers found no link, but used samples to research other diseases. These resulted in papers, etc. • Havasupai Tribe vs. the Arizona Board of Regents resulted in 2010 settlement for $700, 000.
Peer Accountability: The IRB • IRBs result from 1974 National Research Act, governed by 45 CFR 46: Human Subjects Research. • WSU IRB: Policies and Procedures (Oct. 22, 2013) • In “Human Subject Application: Non-Exempt (Expedited and Full Review Board)” applicant must describe: – – The study Data collection methods Means of protecting data The population, including special groups such as “Native American Tribes with whom WSU has an agreement. ”
Extended, Relational Accountability: Tribal Research Protocols (Cultural & Legal) • WSU IRB requirements do not address all of Indigenous Scholars’ concerns. Thus, the need to follow Tribal Protocols. Being accountable to Tribal Partners results in: • better research • increased relevance • better campus environment for Native American students, faculty, and community members • better mentorship of Native American Students
Current Graduate Students Danielle Guzman, Nez Perce, Horticulture Phill Allen, Nez Perce, CSST
Recent Graduate Degree Earners Rich Whitney, Colville, Natural Resource Sciences, M. S. , , 2014. Wildlife Biology Program Manager, Colville Tribes. Georgina Mitchell, Coeur d’Alene, Economics, Ph. D. 2015.
Dr. Zoe Higheagle Strong Today’s Slides: https: //pnwcosmos. org/resourc es/workshops/ Cultural Events: https: //pnwcosmos. org/events/ Recommended Literature: https: //pnwcosmos. org/referen ces-and-recommendedreading/
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