Articles

This section contains articles from individual scholars and the media on U.S. indigenous rights issues and international law.

“Domestic Abuse: How the U.S. government is violating Native Americans’ human rights” by Tara McKelvey
Date: 10/01/2004
Organization: The American Prospect
Document Type: Article
Link: HTML

This article by Tara McKelvey, published in The American Prospect, Special Report: U.S. Human Rights, October 2004 draws attention to the U.S. government’s violation of Native Americans’ human rights. The human rights violations she discusses focus on abuse of Indian children at federally-mandated boarding schools; the tribal legal system; the Western Shoshone land dispute; and tribal government’s lack of criminal jurisdiction in situations of domestic abuse.

“The Court of Last Resort: American Indians in the Inter-American Human Rights System: Why American Indians Should Utilize Supranational Courts” by Derek de Bakker
Date: Spring 2004
Organization: Cardozo Journal of International and Comparative Law
Document Type: Article
Link: Doc

This article by Derek de Bakker, published at 11 Cardozo J. Int’l & Comp. L. 932 (2004), argues that American Indians should utilize international courts to file complaints of human rights violations since the United States justice system has shown indifference to the plight of indigenous peoples. Bakker suggests starting with the inter-American human rights system which he argues can be an effective tool in ensuring the protection of human rights of American Indians. Among other cases, Bakker reviews the responsiveness of the inter-American human rights system to the Western Shoshone Dann case.

“Mary and Carrie Dann v.United States at the Inter-American Commission on Human Rights: Victory for Indian Land Rights and the Environment” by Deborah Schaaf and Julie Fishel
Date: Winter 2002
Organization: Tulane Environmental Law Journal
Document Type: Essay
Link: Doc

This article authored by Deborah Schaaf and Julie Fishel, published at 16 Tul. Envtl. L.J. 175 (2002), reviews the precedent-setting decision by the Inter-American Commission on Human Rights that upholds ancestral indigenous land rights and calls into question the federal government’s practice of extinguishing land title without due process of law and without compensation.

“ American Indian Land Rights in the Inter-American System: Dann v. United States” by Inbal Sansani
Date: 2003
Organization: Human Rights Brief
Document Type:
Link: PDF

This brief by Inbal Sansani goes over the ruling and U.S. response to the Dann v. United States case before the Inter-American Commission on Human Rights.

“Using International Human Rights Mechanisms to Promote and Protect Rights of Indian Nations and Tribes in the United States: An Overview” by Robert T. Coulter
Date: 3/1/2002
Organization: Indian Law Resource Center
Document Type: Paper
Link: PDF

This paper by Robert T. Coulter gives an overview of the present day international mechanisms and activities that are the principal means for advocating Indian rights on behalf of nations and tribes in the United States at the international level. Coulter suggests that utilizing such mechanisms is an important legal strategy for U.S. Indian nations and tribes because of their seldom success in preserving rights in domestic courts.

“Reaching Regional Consensus: Examining United States Native American Property Rights in Light of Recent International Developments” by Kirsten M. Hetzel
Date: Spring 2002
Organization: Tulane Journal of International and Comparative Law
Document Type: Article
Link: Doc

This article authored by Kirsten M. Hetzel , published at 10 Tul. J. Int’l & Comp. L. 307 (2002) discusses the significance of the Inter-American Commission for Human Rights decision of the Awas Tingni community in Nicaragua to the United States government’s policy towards Native Americans.

“The Protection of Indigenous Peoples' Rights Over Lands and Natural Resources Under the Inter-American Human Rights System” by S. James Anaya and Robert A. Williams, Jr.
Date: Spring 2001
Organization: Harvard Human Rights Journal
Document Type: Article
Link: Doc

This article by S. James Anaya and Robert A. Williams, published at 15 Harv. Hum. Rts. J. 33 (2001), reviews emerging customary law that protects indigenous land rights in the Americas. He looks at four case studies under the Inter-American system including the U.S.-based Dann case.

“Indigenous demand revocation of 1493 papal bull” by John L. Allen Jr.
Date: 10/27/2000
Organization: National Catholic Reporter
Document Type: Article
Link: HTML

This article by John L. Allen Jr., published in the National Catholic Reporter, reports on a delegation of nine Native North Americans who traveled to the Vatican to request Pope John Paul II revoke the 1493 papal bull Inter Caetera, which calls for the overthrow of all “barbarous” nations in the name of Christianity.

“Human Rights of Indigenous Peoples: Will the United States Rise to the Occasion?” by Dean Suagee
Date: 1997
Organization: American Indian Law Review
Document Type: Article
Link: Doc

This article, authored by Dean Suagee and published at 21 Am. Indian L. Rev. 365 (1997), reviews and critiques the position taken by the United States on the emerging indigenous rights declarations at the United Nations and the Organization of American States. Suagee pays special attention to the issues of collective rights and self-determination. He provides ample background information about the emerging declarations.

“Iroquois at the UN” by Doug George-Kanentiio
Date: 1995
Organization: Akwesasne Notes
Document Type:
Link: HTML

This article by Doug George-Kanentiio, published in Akwesasne Notes 1995, goes over the history of the Iroquois (Haudenosaunee) Confederacy’s interaction with the United Nations and their struggle to gain admission to the General Council as a sovereign state.

“Five Hundred Years of Injustice: The Legacy of Fifteenth Century Religious Prejudice” by Steve Newcomb
Date: 1992
Organization: Indigenous Law Institute
Document Type: Article
Link: HTML

This article by Steven Newcomb, published in Shaman’s Drum 1992, describes the Doctrine of Discovery. Based on a 15 th century decree of the pope that declares all non-Christians inferior, this doctrine lays the foundation for U.S. Supreme Court decision Johnson v. McIntosh (1823), which limits the sovereignty of Indian nations based on their heathenry and legally establishes their “dependent” status before the U.S. government. According to Newcomb, this decision, based in religious prejudice is unconstitutional and should be turned over and the 15 th century papal documents that this decision is based on should be revoked.

“Toward the Global Liberation of All Nations and Peoples” by Steve Newcomb
Date:
Organization: Indigenous Law Institute
Document Type:
Link: HTML

This article by Steven Newcomb discusses the United States resistance to acknowledge the right of indigenous peoples to self-determination in the emerging United Nation’s declaration on the rights of indigenous peoples. According to Newcomb, this resistance is rooted in outdated colonial practices based on religious prejudice.

“Indigenous North America and Contemporary International Law” by Russel Barsh
Date: 1983
Organization: Oregon Law Review
Document Type:
Link:

This article authored by Russel Barsh, published in the Oregon Law Review in 1983, goes over the evolution of international indigenous rights law and the United States responsiveness to it. According to the author, U.S. domestic law trends, as they relate to tribal land ownership and recognition issues, have evolved contrary to international standards. This article is not available yet. We are trying to obtain an electronic copy.

 

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