EDITORIAL

Tribal Chiefs and the President

 

White House receptions of American Indian leaders have too often been patronizing historical footnotes. President Obama opened what we hope will be a more promising chapter on Thursday when he met with the leaders from all 564 federally recognized tribes. He vowed that there would be no more “going through the motions” and that his administration would finally face the severe economic and social problems that are the result of centuries of federal abuse and neglect.

 

This is no easy vow, but Mr. Obama has taken important first steps: naming American Indians to senior policy and health positions and earmarking $3 billion of the stimulus package to tribal programs. The president told the leaders that he was ordering his cabinet members to come up with plans on how to improve relations with the sovereign tribes.

 

Already this week, Interior Department officials told Congress that they would work to overhaul the often intractable, decades-consuming process by which tribes apply for federal recognition. Recognition is required for tribes interested in seeking revenue by opening a casino. But, more importantly, recognition is the key for tribes ravaged by poverty and joblessness — and there are far more of those — to qualify for federal aid programs.

 

The tribes gathered at an interesting point in history. The last four censuses show tribal populations booming, where extinction had been the experts’ prediction a century ago. Stirred by the Red Power movement of the civil rights era, more and more people have self-identified as American Indians, raising the census count to more than four million.

 

Not all are in recognized tribes, and there is no agreement, even among tribal leaders, on what factors define American Indian-ness. But the vitality is stirring and must be met by greater sensitivity, creativity and sustained attention from Washington.

 

 

Posted on Friday, November 6, 2009 at 08:03AM by Registered CommenterMark J. Sark | CommentsPost a Comment

White House announces nation-to-nation conference

WASHINGTON – White House officials chose Columbus Day to announce a first-of-its-kind conference to be held with leaders from all federally recognized tribes. President Barack Obama will host a White House Tribal Nations Conference Nov. 5 from 9 a.m. – 5:30 p.m.

“Indian country has been waiting for well over a decade for a meeting of this caliber with the President of the United States,” said Joe A. Garcia,National Congress of American Indians president.

Leaders of all 564 federally recognized tribes will be invited, an announcement said, adding that they will be given the opportunity to interact directly with the president and other top administration officials.

Each federally recognized tribe can send one representative.

“I look forward to hearing directly from the leaders in Indian country about what my administration can do to not only meet their needs, but help improve their lives and the lives of their peoples,” Obama said.

“This conference will serve as part of the ongoing and important consultation process that I value, and further strengthen the nation-to-nation relationship.”

The gathering is intended to be part of the president’s outreach to all American people, according to the White House.

Invitations to tribal leaders were sent via e-mail and fax from the Domestic Policy Council and the Office of Public Engagement starting Oct. 12, according to Shin Inouye, a White House spokesman.

The invitations note that the historic meeting will not be held in the White House, but at the nearby Sidney R. Yates Auditorium of the Department of the Interior.

Inouye said that all the tribal leaders could not fit in the White House.

“Unfortunately, we just don’t have the capacity. It’s not a very big place.”

He said that a timeline, topics to be covered, and any policy announcements were not yet ready to be shared, but they are in the preparation stage.

“I commend President Obama for setting this precedent for his administration’s nation-to-nation working relationship with tribes. We have an ambitious agenda to strengthen economic development and improve tribal government services,” Garcia said.

W. Ron Allen, who serves on the executive board of NCAI and is chairman of the Jamestown S’Klallam Tribe, said the White House would have been a more impressive setting, but believes it’s important to hold the meeting in an environment that will be conducive to constructive dialogue.

BIA director Larry EchoHawk also addressed the logistics of the event. He recalled being in a recent meeting with Interior Secretary Ken Salazar and other officials when a message came through asking if Interior could host the meeting because of a lack of space at the White House for such a large gathering.

According to EchoHawk, who shared his story during a speech at the NCAI conference in Palm Springs, Calif., Salazar was reminded that the building was under renovation, and it would be impossible to host the meeting. 

Salazar asked who was in charge of the renovation and excused himself from the meeting, saying he’d be right back. Ten minutes later he returned and announced, “We’re holding the meeting.”

Also at the NCAI meeting, Allen emphasized that the tribal leaders did not want the conference to be a listening session, but rather an active conversation in which the nations presented their issues clearly.

“We do not want this to be a photo op.”

He said many NCAI members expect the president to commit to his campaign promises to advance self-determination, self-governance and self-reliance for all 564 American Indian and Alaska Native nations.

“Tribal leaders are very satisfied that President Obama is fulfilling his promise to meet with tribal leaders on a regular basis during his term in office,” Garcia said.

“We are hopeful that he will reaffirm and strengthen his administration’s commitment to the ‘government-to-government’ relationship including clear instruction to all departments and agencies under his executive authority,” Allen said.

Jackie Johnson Pata, NCAI executive director, suggested tribal nations be prepared to speak in a unified voice and with a clear message. She presented a few broad priority areas including sovereignty, tribal-federal relations, self-determination; consultation; and the need for the federal government to honor trust responsibilities.

Pata said tribal nations are looking to develop parity with other entities, mainly states, on major policy initiatives.

In an effort to allow more tribal leaders and members to view the historic event, the Department of Interior is working with MyTribeTV, an Indian-owned business in Seattle, Wash., to provide online coverage of the conference.

“We are very excited to help showcase this important event to Indian country,” said Gaard Swanson, a co-owner of the company.

He noted that all or part of the event will be streamed at tribalsummit.mytribetv.com.

Obama had promised during his campaign that he would hold yearly tribal conferences.

Planning for the event was based partially on White House talks with tribal leaders who were invited to attend two informal listening sessions with administration officials Aug. 31.

After that meeting, tribal leaders who attended said they spoke about sovereignty, taxation, land claims and other issues.

Tribal leaders also expressed a need for better communication from the administration.

Posted on Thursday, November 5, 2009 at 12:44PM by Registered CommenterMark J. Sark | CommentsPost a Comment

B.C. natives claim victory in landmark court ruling on commercial fisheries

 

The Nuu-chah-nulth Tribal Council claimed a legal victory Tuesday after the B.C. Supreme Court affirmed the right of aboriginals to sell the seafood they harvest.

In a lengthy written decision, Justice Nicole Garson gave the aboriginal people of the west coast of Vancouver Island the right to harvest and sell fish and other seafood in their territory, although the right is not unrestricted and must be negotiated with B.C. and Canada over the next two years.

Garson recognized the aboriginals’ territory as extending nine nautical miles offshore — not the 100 they had asserted — and added that their “claims to aboriginal title to their fishing territories are dismissed.”

Garson said the natives “are entitled to a declaration that they have aboriginal rights to fish and to sell fish” and have proven that the “fisheries regulatory regime (which includes statutes, regulations and policies) has excluded them from the fishery and infringed their aboriginal rights.”

She added that Canada “led evidence to justify the entirety of its fisheries regime but not to justify its failure to permit the Nuu-chah-nulth to exercise their aboriginal fishing rights....”

Cliff Atleo Sr., president of the tribal council, said he is “very pleased” the decision finally recognizes aboriginals’ traditional culture of trading seafood, including with the first Europeans to arrive on the B.C. coast.

He added there is “no question” the decision would assist other coastal first nations in their own fight to obtain the right to trade in seafood as their ancestors once did.

Michael Doherty, lead counsel for the Attorney-General of Canada, confirmed the decision is an important one but also noted that the application of the right to sell seafood remains to be negotiated and in his view should not include the right to sell fish caught for food and ceremonial purposes.

Ottawa has not yet decided whether to appeal.

Shawn Robins, communications director for the B.C. Attorney-General’s Ministry, said the provincial government is reviewing the complex judgment and is reserving comment until later in the week.

Phil Eidsvik of the BC Fisheries Survival Coalition said he is pleased the decision “does not affect DFO’s ability to manage the fishery” and does not “create race-based fisheries.”

The Nuu-chah-nulth launched its writ in June 2003, the trial began in April 2006 (with evidence heard in Vancouver and the native community of Ahousaht), and the closing legal arguments occurred in March 2009.

Five bands with 4,341 members were involved in the suit: the Ehattesaht, the Mowachaht/Muchalaht, Hesquiaht, Ahousaht, and Tla-o-qui-aht.

They asserted that at the time of European contact, the trade in fish by their ancestors was an integral part of their culture. The court relied in part on the journals, logs, and diaries of European explorers and traders.

“I conclude that at contact, the Nuu-chah-nulth engaged in trade of fisheries resources,” Garson wrote.

 

lpynn@vancouversun.com

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Posted on Wednesday, November 4, 2009 at 08:41AM by Registered CommenterMark J. Sark | CommentsPost a Comment

Fishermen trade assault allegations with DFO

Two fishermen from Elsipogtog First Nation, a father and son, are accusing officers with the Department of Fisheries and Oceans of assaulting them.

But the DFO officers claim they were the ones assaulted during an incident on the Richibucto River early Thursday morning.

The RCMP is investigating.

Fisherman John Levi says he was setting salmon nets about 2 a.m. with his 21-year-old son, Jonathan, and a friend.

They were fishing for ceremonial purposes, preparing for a large feast on Oct. 18 after a four-day fast, said Levi.

'They don't seem to want to recognize our native rights.'—John Levi, Elsipogtog First Nation fisherman

Two DFO boats approached them, with about nine officers in one boat and four in the other, said Levi.

"That's when I know there was going to be trouble."

The officers tried to seize their fishing nets, citing conservation reasons, said Levi, who has been fishing that river for most of his 41 years.

"They don't seem to want to recognize our native rights," said Levi, who has been fishing the river for most of his 41 years and says he was acquitted of illegally fishing there about two years ago.

Levi claims they were pepper-sprayed and one of the officers broke a paddle over his son's back.

"Broke the paddle. Right in half. Right on his back," he said.

"It came from their boat. I still got the paddle. The other half of the paddle [is] with me now, but the RCMP is going to be gettin' that paddle today."

Levi said his son went to the hospital in St. Anne de Kent and didn't have any broken bones, but he did suffer some bruising. He plans to pursue charges, he said.

RCMP investigate

DFO officials have declined to comment, citing the ongoing investigation.

Sgt. Craig Yorke of the Elsipogtog RCMP detachment said it was the DFO officers who called police.

The officers claimed they were assaulted by native fishermen with bear spray while trying to enforce laws against illegal fishing, said Yorke.

"It was observed by the RCMP as they arrived on the scene that the members from the community were collecting along the shoreline to support the fishermen and their gill nets," he said.

"The RCMP were able to disperse the community members without incident and we're continuing our investigation."

Asked about the bear spray allegation, Levi said: "I don't know anything about that."

About 60 people had gathered on the wharf, he said.

The RCMP is setting up a meeting Monday between the Elsipogtog band council and the DFO, said Levi. It will be open to all Elsipogtog fishermen, he said.

 

Posted on Monday, September 28, 2009 at 08:10AM by Registered CommenterMark J. Sark | CommentsPost a Comment

Chehalis chief shot in the face by sports fishermen on Fraser River

Chief Willie Charlie of the Chehalis Indian Band was shot in the face with a pellet gun during an altercation with sports fishers on the Fraser River Sunday.

The incident occurred in the afternoon when Charlie and his brother Kevin were driftnet fishing near the Harrison River. Their net became entangled with the boat of a sports fisher and while attempting to untangle the net, one male aboard the sportsfishing boat fired two shots from a handheld pellet gun and hit Charlie in the face, he told the Times Monday.

"I felt a sting at first," he said. "I think the first one missed but the second one got me in the chin." Then Charlie said he picked up an oar to defend himself when the man pulled out a bigger gun.

"He pointed it at my face," he said. "I had my hand up in front of my face . . . I didn't know if he had a real gun." Charlie said he then helped to untangle the men's motor from his net after which they rammed his boat with theirs.

Another boat of native fishers had come in to assist and the two men fled down river. A knife was also apparently pointed towards the second boat in what was described as "an intimidating manner," according to Const. Lea-Anne Dunlop of the Chilliwack RCMP. Extensive patrols were made for the boat and the boat's owners at local launches.

"It is likely that particular boat did leave the river in the Chilliwack area," Dunlop said. "We did extensive patrols down there but that's not to say it wasn't in and out of that area." Charlie told the Times he thinks they went down river and likely pulled out at Island 22 or Kilby.

The river was also patrolled by the Upper Fraser Valley RCMP First Nations policing section with the new RCMP jet boat, but nothing turned up. Sto:lo Tribal Council (STC) issued a press release Monday asking all anglers to voluntarily stop fishing the Fraser River. When notified of the incident with Chief Charlie, the request turned to "an urgent demand" that the Department of Fisheries and Oceans (DFO) close the entire Lower Fraser River to all sports fishing.

"I have been warning the DFO that some anglers are mixing booze, guns and bad tempers," said Ernie Crey, fisheries advisor to the STC. "I told the DFO that there is imminent danger of violent confrontations between our food fishing families and sport fishermen who don't believe they should share the Fraser with aboriginal people."

The suspect boat is described as a 19-foot, cream-coloured fiberglass boat with an outboard motor. The two male occupants were described as Caucasian, one in his 60s with grey hair and a moustache; the other between 35 and 45 years of age with scruffy brown hair and facial hair. Both males had heavy accents, possibly English or Scottish.

Police are looking for assistance from the public to help further their investigation. Anyone who may have witnessed this incident, or who has any information at all, is asked to call Chilliwack RCMP at 604-792-4611, or Crime Stoppers at 1-800-222-TIPS. The two men that have not yet been identified are encouraged to contact police directly.

Before the weekend, the disastrous returns of sockeye so far this season has led to calls for an inquiry by some, as well as a cessation of certain sports fishing techniques. Sport fishers contend that not only do they catch only a small percentage of sockeye when the fishery is open, but shutting down recreational fishing would be devastating to the economy.

A press release issued by the Fraser Valley Angling Guides Association (FVAGA) stated: "While the sport fishers impact on fish resources is minimal their impact on the B.C. economy is significant. Approximately 400,000 licensed anglers spend $400 million on freshwater fishing in B.C. each year employing approximately 3,500 people."

The FVAGA position is that shutting down the river to all fishing is not only unnecessary from a conservation perspective it will decimate a local tourist economy at a time that it is barely holding its head above water. FVAGA president Vic Carrao was not available to comment before going to press.

Posted on Tuesday, August 18, 2009 at 05:42AM by Registered CommenterMark J. Sark | CommentsPost a Comment
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