19.3 Indigenous Agency and Rights

Indigenous peoples in the U.S. have a unique legal status as "domestic dependent nations," granting them sovereignty while still subject to federal law. This complex relationship, established by historic Supreme Court cases, shapes tribal governance and resource rights today.

Indigenous cultures face ongoing challenges in preserving traditional knowledge and practices. Efforts to protect and revitalize Indigenous languages, art forms, and philosophies are crucial for maintaining cultural identity and resisting the impacts of colonization.

Legal Status and Rights of Indigenous Peoples

Status of Indigenous nations

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• Indigenous tribes recognized as "domestic dependent nations" under U.S. law, having a level of sovereignty and self-governance while still being subject to federal law
• This status established by the Marshall Trilogy of Supreme Court cases (early 1800s) which defined the legal relationship between tribes and the federal government
• As domestic dependent nations, tribes have a trust relationship with the federal government, which has a responsibility to protect tribal lands, resources, and interests, although this trust has often been neglected or abused
• Tribal governance structures vary, but often include elected tribal councils and courts that administer tribal laws and programs

Indigenous rights to resources

• Indigenous tribes possess inherent rights to natural resources on their lands, including water, minerals, timber, and hunting and fishing rights, based on treaties, aboriginal title, and traditional use
• Tribes have frequently had to fight to assert and protect these resource rights against federal policies (allotment, termination) that have undermined tribal control
• Tribes have utilized legal action, activism, and negotiation to defend their resource rights, with notable examples being the Boldt Decision affirming Pacific Northwest tribes' treaty fishing rights, the Winters Doctrine establishing tribal water rights, and the Cobell Settlement addressing federal mismanagement of tribal trust lands
• Land rights remain a central issue, with tribes working to reclaim ancestral territories and protect sacred sites

Indigenous responses to federal policies

• Indigenous peoples have a long history of political resistance to oppressive federal policies, including removal, allotment, and termination, through means such as armed conflict, legal action, and civil disobedience
• The American Indian Movement (AIM) emerged as a key Indigenous political movement in the 1960s-70s, using direct action and activism to challenge federal policies and assert Indigenous rights, with notable events being the occupation of Alcatraz Island and the standoff at Wounded Knee
• Since the 1970s, Indigenous political action has focused on issues of tribal sovereignty and self-determination, protection of land, resources, and sacred sites, revitalization of Indigenous languages and cultures, and addressing social issues like poverty, health disparities, and violence against Indigenous women

Indigenous Cultures and Research Methods

Preservation of cultural techniques

• Indigenous peoples possess rich artistic and cultural traditions, including techniques for creating objects (baskets, pottery, textiles, carvings) that often hold spiritual and cultural significance beyond aesthetic value
• Traditional Indigenous knowledge, including artistic techniques, language, history, and ecological knowledge, is often passed down orally through generations but has been threatened by colonial policies and cultural assimilation
• Efforts to preserve Indigenous knowledge take various forms, such as apprenticeship programs, cultural centers, digital archives, documentation and revitalization of languages and cultural practices, and repatriation of cultural objects from museums to tribes
• Cultural revitalization movements aim to reconnect Indigenous people with traditional practices, languages, and knowledge systems

Features of Indigenous philosophies

• Indigenous philosophies, while diverse, often share common features such as a holistic worldview emphasizing the interconnectedness of all beings and prioritizing values of reciprocity, respect, and responsibility
• Indigenous ways of knowing are often based on direct experience, oral tradition, and spiritual insight, differing from Western epistemologies
• Studying Indigenous philosophies requires culturally appropriate research methods that build trust and relationships with Indigenous communities, utilize participatory and collaborative approaches centering Indigenous voices and perspectives, and may incorporate practices like storytelling, ceremony, and dreams
• Examples of Indigenous research methods include talking circles for sharing knowledge and experiences, photovoice using photography to document community strengths and concerns, and Indigenous mapping representing Indigenous understandings of land and place
• Traditional ecological knowledge, encompassing Indigenous understandings of local ecosystems and sustainable resource management, is increasingly recognized as valuable for conservation and environmental management

Critique of Indigenous mascots

• The use of Indigenous names and images as sports mascots (Washington Redskins, Cleveland Indians) has been criticized as racist, offensive, and harmful by Indigenous activists who have long called for their retirement
• From an Indigenous perspective, these mascots perpetuate stereotypes of Indigenous peoples as primitive, aggressive, and subhuman, appropriate and trivialize Indigenous cultural and spiritual symbols, and ignore the diversity and humanity of Indigenous peoples and cultures
• Indigenous peoples have challenged these mascots through protests, boycotts, and legal action, with some teams voluntarily changing their names and mascots in response, while others continue to defend them as honoring Indigenous peoples
• Retiring Indigenous mascots is seen as a necessary step towards respect and reconciliation, part of a larger movement to challenge the ongoing legacies of colonialism and racism, and creating space for more accurate and respectful representations of Indigenous peoples

Decolonization and Indigenous Rights

• Decolonization refers to the process of dismantling colonial systems and structures, reclaiming Indigenous lands, cultures, and ways of being
• Treaty rights, based on historical agreements between tribes and the U.S. government, remain a crucial legal basis for asserting Indigenous sovereignty and rights to land and resources
• Indigenous movements increasingly frame their struggles in terms of human rights, using international frameworks like the UN Declaration on the Rights of Indigenous Peoples to advocate for self-determination and cultural protection