A Village Invents a Language All Its Own

Linguist Carmel O'Shannessy, back left, with Gracie White Napaljarri, who is a Warlpiri speaker but children in her extended family speak both Warlpiri and Light Warlpiri. Photo: Noressa White via The New York Times
Linguist Carmel O’Shannessy, back left, with Gracie White Napaljarri, who is a Warlpiri speaker but children in her extended family speak both Warlpiri and Light Warlpiri. Photo: Noressa White via The New York Times
By NICHOLAS BAKALAR, The New York Times

There are many dying languages in the world. But at least one has recently been born, created by children living in a remote village in northern Australia.

Carmel O’Shannessy, a linguist at the University of Michigan, has been studying the young people’s speech for more than a decade and has concluded that they speak neither a dialect nor the mixture of languages called a creole, but a new language with unique grammatical rules.

The language, called Warlpiri rampaku, or Light Warlpiri, is spoken only by people under 35 in Lajamanu, an isolated village of about 700 people in Australia’s Northern Territory. In all, about 350 people speak the language as their native tongue. Dr. O’Shannessy has published several studies of Light Warlpiri, the most recent in the June issue of Language.

“Many of the first speakers of this language are still alive,” said Mary Laughren, a research fellow in linguistics at the University of Queensland in Australia, who was not involved in the studies. One reason Dr. O’Shannessy’s research is so significant, she said, “is that she has been able to record and document a ‘new’ language in the very early period of its existence.”

Everyone in Lajamanu also speaks “strong” Warlpiri, an aboriginal language unrelated to English and shared with about 4,000 people in several Australian villages. Many also speak Kriol, an English-based creole developed in the late 19th century and widely spoken in northern Australia among aboriginal people of many different native languages.

Lajamanu parents are happy to have their children learn English for use in the wider world, but eager to preserve Warlpiri as the language of their culture.

Lajamanu’s isolation may have something to do with the creation of a new way of speaking. The village is about 550 miles south of Darwin, and the nearest commercial center is Katherine, about 340 miles north. There are no completely paved roads.

An airplane, one of seven owned by Lajamanu Air, a community-managed airline, lands on the village’s dirt airstrip twice a week carrying mail from Katherine, and once a week a truck brings food and supplies sold in the village’s only store. A diesel generator and a solar energy plant supply electricity.

The village was established by the Australian government in 1948, without the consent of the people who would inhabit it. The native affairs branch of the federal government, concerned about overcrowding and drought in Yuendumu, forcibly removed 550 people from there to what would become Lajamanu. At least twice, the group walked all the way back to Yuendumu, only to be retransported when they arrived.

Contact with English is quite recent. “These people were hunters and gatherers, roaming over a territory,” said Dr. O’Shannessy. “But then along came white people, cattle stations, mines, and so on. People were kind of forced to stop hunting and gathering.”

By the 1970s, villagers had resigned themselves to their new home, and the Lajamanu Council had been set up as a self-governing community authority, the first in the Northern Territory. In the 2006 census, almost half the population was under 20, and the Australian government estimates that by 2026 the number of indigenous people 15 to 64 will increase to 650 from about 440 today.

Dr. O’Shannessy, who started investigating the language in 2002, spends three to eight weeks a year in Lajamanu. She speaks and understands both Warlpiri and Light Warlpiri, but is not fluent.

People in Lajamanu often engage in what linguists call code-switching, mixing languages together or changing from one to another as they speak. And many words in Light Warlpiri are derived from English or Kriol.

But Light Warlpiri is not simply a combination of words from different languages. Peter Bakker, an associate professor of linguistics at Aarhus University in Denmark who has published widely on language development, says Light Warlpiri cannot be a pidgin, because a pidgin has no native speakers. Nor can it be a creole, because a creole is a new language that combines two separate tongues.

“These young people have developed something entirely new,” he said. “Light Warlpiri is clearly a mother tongue.”

Dr. O’Shannessy offers this example, spoken by a 4-year-old: Nganimpa-ng gen wi-m si-m worm mai aus-ria. (We also saw worms at my house.)

It is easy enough to see several nouns derived from English. But the -ria ending on “aus” (house) means “in” or “at,” and it comes from Warlpiri. The -m ending on the verb “si” (see) indicates that the event is either happening now or has already happened, a “present or past but not future” tense that does not exist in English or Warlpiri. This is a way of talking so different from either Walpiri or Kriol that it constitutes a new language.

The development of the language, Dr. O’Shannessy says, was a two-step process. It began with parents using baby talk with their children in a combination of the three languages. But then the children took that language as their native tongue by adding radical innovations to the syntax, especially in the use of verb structures, that are not present in any of the source languages.

Why a new language developed at this time and in this place is not entirely clear. It was not a case of people needing to communicate when they have no common language, a situation that can give rise to pidgin or creole.

Dr. Bakker says that new languages are discovered from time to time, but until now no one has been there at the beginning to see a language develop from children’s speech.

Dr. O’Shannessy suggests that subtle forces may be at work. “I think that identity plays a role,” she said. “After children created the new system, it has since become a marker of their identity as being young Warlpiri from the Lajamanu Community.”

The language is now so well established among young people that there is some question about the survival of strong Warlpiri. “How long the kids will keep multilingualism, I don’t know,” Dr. O’Shannessy said. “The elders would like to preserve Warlpiri, but I’m not sure it will be. Light Warlpiri seems quite robust.”

Good news for penguins: World’s largest marine reserve could be established around Antarctica

John Upton, Grist

Antarctica’s penguins could benefit from proposals to create huge international marine preserves in their ‘hood.
Antarctica’s penguins could benefit from proposals to create huge international marine preserves in their ‘hood.

Plans to protect more than 1.5 million square miles of ocean around Antarctica are getting serious consideration this week — and that could be a big benefit for whales, seals, birds, fish, krill, and other wildlife in the region.

The idea is akin to creating a vast national park, except that it would be an international park. And it would be larger than most nations. And it would be entirely soggy.

From USA Today:

On July 16, the members of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) — 24 nations and the European Union — will vote on two proposals for marine reserves, each one bigger in size than the state of Alaska. A U.S.-New Zealand one would set aside roughly 876,000 square miles in and around the frozen Ross Sea, a home for penguin nurseries and source of nutrients throughout the Pacific Ocean. A second European and Australian one would set aside a more than 700,000-square-mile string of protected marine reserves around Eastern Antarctica.

NPR has more, including a comparison to another big U.S. state:

“The total size of the marine protected area we are proposing is roughly 3 1/2 times the size of Texas,” says Ambassador Mike Moore, the former prime minister of New Zealand, who was talking up the joint U.S.-New Zealand proposal in Washington this spring. “So to misquote the vice president of the United States, ‘this is a big deal.’” …

But because these two areas are in international waters, creating marine preserves will require consensus from all of the nations in the pact known as CCAMLR …

When the group met to discuss the issue last fall, it couldn’t reach agreement. Russia, China and Ukraine were concerned about losing fishing rights in these seas. But they agreed to [a] meeting in Germany to try again.

That meeting is happening today and tomorrow in Bremerhaven, Germany.

The New York Times weighed in with an editorial over the weekend, urging the commission members to support the conservation proposals:

The biggest obstacle is Russia, which has expressed resistance to these reserves. It is joined by Ukraine, China, Japan and South Korea. Their hope is to manage fishing in the Antarctic much as it is managed elsewhere, with limits and restrictions. But the state of fisheries around the globe makes it clear that the most effective antidote to declining fish populations is the creation of totally protected marine reserves.

The Obama administration has expressed strong support for the idea of such protections in Antarctica, and many delegates to the Bremerhaven meeting are hopeful that sooner or later the Russians and other opponents can be brought on board. But when it comes to protecting ecosystems, sooner or later often means later, which often means too late. The time to protect the Antarctic Ocean is now.

Here’s hoping that these five reluctant countries, all of which are located in the Northern Hemisphere, don’t continue to pour cold water over proposals that could help stabilize the world’s fish stocks — and protect one of the world’s last big wild areas.

Meth nearly kills 10-month-old boy

Eric Stevick, The Herald

EVERETT — Exposure to methamphetamine nearly cost a 10-month-old Marysville boy his life.

The toddler overdosed on the drug in December and was taken to a Seattle hospital, according to a Marysville Police Department report.

Doctors had to insert tubes down the child’s airway after he stopped breathing on his own,

Police on Friday arrested a man who lived at the home in the 6400 block of 105th Street NE where the baby became deathly ill. The suspect, 26, was arrested for investigation of endangerment with a controlled substance and was booked into the Snohomish County Jail.

The suspect allegedly told a detective, “This is my fault. I almost killed (the boy.)”

The baby first was taken to Providence Regional Medical Center Everett. A nurse there told a Marysville officer that the boy had been admitted to the emergency room for an amphetamine overdose. She said his health was quickly deteriorating.

Police said the man had custody of the boy and shared a room with him at the time. The nature of his connection to the child was not clear in redacted police documents.

A search warrant of the suspect’s bedroom turned up the baby’s crib as well as a marijuana pipe beneath the man’s pillow. A meth pipe was found wrapped in a black bandana in a sunglass case in the bottom drawer of a night stand.

The suspect allegedly acknowledged using meth in a garage that was about 12 feet from the living area where the baby was crawling Dec. 27.

Police believe a meth pipe was loaded with meth within six feet of the bedroom where the baby was sleeping.

The suspect allegedly knew that the baby “was in the stage of crawling around the house, picking up things on the floor and putting the items in his mouth,” police wrote.

The man reportedly was well aware of the risks of doing drugs around young children.

An acquaintance told police that the man had a rule of not picking up or touching the baby when he was high.

Yakama Nation celebrate sockeye return to Cle Elum Lake for the first time in 100 years

By Thomas Boyd, The Oregonian

Yakama Nation biologists have released thousands of sockeye salmon into a Central Washington lake over the past four summers. The work, according to The Associated Press, is to restore fish runs that were decimated with the damming of area rivers and streams. Each fall, the just-released fish swam up the Cle Elum River to spawn and die. Their babies, meanwhile, spent a year in the lake before swimming to the ocean to grow into adulthood. Now, four years after the first release in 2009, those adult fish are returning to their birthplace to spawn, and tribal members are celebrating what they hope is the resurrection of a revered species to its native habitat. “You are part of a sacred ceremony to celebrate the return of an important ingredient to our body, our hearts, our life,” Yakama elder Russell Jim told the crowd gathered on the shore of Cle Elum Lake.

 

LAKE CLE ELUM, WASHINGTON - Jun. 13, 2013 - Tribal Council Member Gerald Lewis conduct a blessing ceremony before releasing sockeye salmon into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian
LAKE CLE ELUM, WASHINGTON – Jun. 13, 2013 – Tribal Council Member Gerald Lewis conduct a blessing ceremony before releasing sockeye salmon into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian

 

LAKE CLE ELUM, WASHINGTON - Jun. 13, 2013 - Tribal elder Russell Jim, left, and Tribal Council Member Gerald Lewis conduct a blessing ceremony before releasing sockeye salmon into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian
LAKE CLE ELUM, WASHINGTON – Jun. 13, 2013 – Tribal elder Russell Jim, left, and Tribal Council Member Gerald Lewis conduct a blessing ceremony before releasing sockeye salmon into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian

 

LAKE CLE ELUM, WASHINGTON - Jun. 13, 2013 - Tribal elder Russell Jim is helped in to the bed of the truck to release sockeye salmon into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian
LAKE CLE ELUM, WASHINGTON – Jun. 13, 2013 – Tribal elder Russell Jim is helped in to the bed of the truck to release sockeye salmon into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian

 

LAKE CLE ELUM, WASHINGTON - Jun. 13, 2013 - Tribal elder Russell Jim smiles after releasing pulling the lever that released sockeye salmon into the lake during a ceremony Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian
LAKE CLE ELUM, WASHINGTON – Jun. 13, 2013 – Tribal elder Russell Jim smiles after releasing pulling the lever that released sockeye salmon into the lake during a ceremony Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian

 

LAKE CLE ELUM, WASHINGTON - Jun. 13, 2013 - Sockeye salmon were released into the lake in a ceremony Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian
LAKE CLE ELUM, WASHINGTON – Jun. 13, 2013 – Sockeye salmon were released into the lake in a ceremony Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian

 

LAKE CLE ELUM, WASHINGTON - Jun. 13, 2013 - “We need all the help we can get to restore our environment. Everything has life,” tribal member Virginia Beavert told the crowd attending the ceremony. “We need to take care of it.” Sockeye salmon were released into the lake in a ceremony Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian
LAKE CLE ELUM, WASHINGTON – Jun. 13, 2013 – “We need all the help we can get to restore our environment. Everything has life,” tribal member Virginia Beavert told the crowd attending the ceremony. “We need to take care of it.” Sockeye salmon were released into the lake in a ceremony Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian

 

LAKE CLE ELUM, WASHINGTON - Jun. 13, 2013 - Tribal dancers Vivian Delarosa, Nia Peters and Katrina Blackwolf, left to right, sign the Lord's prayer before the meal after sockeye salmon were released into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian
LAKE CLE ELUM, WASHINGTON – Jun. 13, 2013 – Tribal dancers Vivian Delarosa, Nia Peters and Katrina Blackwolf, left to right, sign the Lord’s prayer before the meal after sockeye salmon were released into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian

 

LAKE CLE ELUM, WASHINGTON - Jun. 13, 2013 - Media and bystanders watch as sockeye salmon were released into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian
LAKE CLE ELUM, WASHINGTON – Jun. 13, 2013 – Media and bystanders watch as sockeye salmon were released into the lake, Wednesday, July 10, 2013, to mark the first return of sockeye salmon to Lake Cle Elum in 100 years. Sockeye salmon were reintroduced to the lake in 2009 by the Yakama Nation and the fish released today are the first of those salmon to return to the lake. Thomas Boyd/The Oregonian

 

Journalists for Human Rights launches training program in northern Ontario

John Ahni Schertow, Intercontinental Cry

At long last, Journalists for Human Rights (JHR) has launched its training program in northern Ontario aiming to increase the presence of Indigenous voices in Canadian media.

“Our hope is to train stringers who can report from their northern Ontario communities where currently mainstream media doesn’t have local correspondents,” said Rachel Pulfer, executive director of JHR. “They will be able to add the context that a reporter who is just flying in for a couple of days won’t have … ultimately it’s about giving ownership on their stories to the communities that live there.”

As reported by the Canadian Journalism Project, JHR will send two trainers to a total of six remote communities over the course of nine months to train anyone interested in relaying local news to a wider Canadian audience. Fort Severn, Weagomow, Kitchenuhmaykoosib Inninuwug, Attawapiskat, Moose Cree and Constance Lake have agreed to take part in the project.

Ultimately, JHR is hoping to see a 20 per cent increase in the number of news stories in mainstream media, such as CBC, Shaw Thunder Bay and Magic FM; who agreed to take content — as long as it meets their standards — from the stringers.

A field coordinator in Thunder Bay will also train local journalists in mainstream media on how to approach indigenous communities on the protocol before and while on reserve.

The Surprising Cause of Most ‘Spider Bites’

By Douglas Main, Staff Writer LiveScience.com

Date: 05 July 2013 Time: 09:01 AM ET

If the thought of spiders makes your skin crawl, you might find it reassuring that the chances of being bitten by a spider are smaller than you imagine, recent research shows.

Most so-called “spider bites” are not actually spider bites, according to researchers and several recent studies. Instead, “spider bites” are more likely to be bites or stings from other arthropods such as fleas, skin reactions to chemicals or infections, said Chris Buddle, an arachnologist at McGill University in Montreal.

“I’ve been handling spiders for almost 20 years, and I’ve never been bitten,” Buddle told LiveScience. “You really have to work to get bitten by a spider, because they don’t want to bite you.”

For one thing, spiders tend to avoid people, and have no reason to bite humans because they aren’t bloodsuckers and don’t feed on humans, Buddle said. “They are far more afraid of us than we are of them,” he said. “They’re not offensive.”

Not very scary

When spider bites do happen, they tend to occur because the eight-legged beasts are surprised — for example when a person reaches into a glove, shoe or nook that they are occupying at the moment, Buddle said.

Even then, however, the majority of spiders are not toxic to humans. Spiders prey on small invertebrates such as insects, so their venom is not geared toward large animals such as humans.

Many spiders aren’t even capable of piercing human flesh. Buddle said he has observed spiders “moving their fangs back and forth against his skin,” all to no avail. [Creepy, Crawly & Incredible: Photos of Spiders]

Only about a dozen of the approximately 40,000 spider species worldwide can cause serious harm to the average healthy adult human. In North America, there are only two groups of spiders that are medically important: the widow group (which includes black widows) and the recluse group (brown recluses). These spiders do bite people, and if they live in your area, you should know what they look like, Buddle said. But still, records show bites from these spiders are very infrequent.

The bite of widow spiders like the black widow is one of the only well-recognized spider bites in North America, with obvious, unmistakable symptoms, said Rick Vetter, a retired arachnologist at the University of California at Riverside. Signs can include intense pain and muscle contractions, which occur because the bite interferes with nerves in muscles.

Nowadays, deaths from the bite are rare thanks to widow spider antivenom. Before this was developed, however, treatments for black widow bites included whiskey, cocaine and nitroglycerine, according to a review Vetter published this month in the journal Critical Care Nursing Clinics of North America.

Misidentified ‘bites’

Often, black widow and brown recluse spiders are misidentified, and reported in regions where they are extremely unlikely to actually live, Vetter said. For example, In South Carolina, 940 physicians responding to a survey reported a total of 478 brown recluse spider bites in the state — but only one brown recluse bite has ever been definitively confirmed in the state. Recluses are mainly found in the central and southern United States, according to Vetter’s study.

“I’ve had 100 recluse spiders running up my arm, and I’ve never been bitten by one,” Vetter told LiveScience.

The vast majority of “spider bites” are caused by something else, research shows. One study Vetter cited found that of 182 Southern California patients seeking treatment for spider bites, only 3.8 percent had actual spider bites, while 85.7 percent had infections.

And a national study found that nearly 30 percent of people with skin lesions who said they had a spider bite actually had methicillin-resistant Staphylococcus aureus (MRSA) infections. Other things that can cause symptoms that mimic spider bites include biting fleas or bedbugs, allergies, poison oak and poison ivy, besides various viral and bacterial infections, Vetter said.

In recent years, doctors have become better at identifying true spider bites, Vetter writes.

But spiders are still widely regarded as dangerous to humans, which is generally not the case, Buddle said.

Spiders are good at killing “nuisance insects,” which may be more likely to bite humans than spiders, Buddle added. “In the vast majority of cases, spiders are our friends.”

Email Douglas Main or follow him on Twitter or Google+. Follow us @livescience, Facebook orGoogle+. Article originally on LiveScience.com

Quinault Nation Harvests Razor Clams for Canoe Journey

Quinault Pride Seafood employees collect and weigh razor clams from tribal members during a commercial razor clam dig near Ocean CityD. Preston
Quinault Pride Seafood employees collect and weigh razor clams from tribal members during a commercial razor clam dig near Ocean City
D. Preston

By D. Preston

As featured in the NWIFC News

One of the iconic foods of the Quinault Indian Nation will be available to share with the thousands of people who will gather in Taholah for the 2013 Canoe Journey from Aug. 1 to Aug. 6.Tribal members collected razor clams in several ceremonial digs. The clams were frozen so they can be served during the week-long Canoe Journey celebration.

“I can’t imagine hosting the Canoe Journey without razor clams,” said Lisa Sampson Eastman, who has been digging clams since she was 11 years old. “My sister Sabrina and I learned to dig clams from our dad, Charles Sampson.”

Historically, Quinault tribal members used pliable yew sticks to tease the evasive mollusk from its hole in the sand. Today, tribal members use clam shovels to efficiently harvest for ceremonial, subsistence and commercial uses. As co-manager of the resource, the nation also shares surveying duties with the state Department of Fish and Wildlife, protecting razor clams for the future. Surveys of the clam populations are under way now, following the harvest season.

Quinault Pride Seafood purchases the clams from tribal members, providing income for many who are not yet working in seasonal jobs that begin in early summer. The clams are sold for public consumption and bait for fishermen.

Deaf, Dumb and Blind Justice: Thomas Is Wrong on Tribal Sovereignty

Mark C. Van Norman

July 14, 2013 ICTMN

In the Baby Veronica case, Associate Supreme Court Justice Thomas writes that the Indian Child Welfare Act is unconstitutional because it is not “commerce” in the sense of “trade.” Domestic relations, he says, are left to the states. When it comes to American Indians, Native Nations and the Constitution, Thomas is wrong. The Constitution’s Treaty, Commerce, Supremacy, Apportionment and Property Clauses, the War Powers, and the 14thAmendment are the foundation for the Indian affairs powers and the United States’ nation-to-nation relations with Native Nations.

The starting point for analysis is always: Indian nations and tribes were independent, sovereign nations prior to the formation of the United States. Indian nations managed native justice systems, economies, education, health care, and domestic relations. In the earliest Indian treaties, the United States extended its protection to Indian nations—for example, the Cherokee Nation Treaty of 1785 provides that: “[t]he Indians for themselves and their respective tribes … do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign whosoever.” The United States intended this provision to oust the British from North America, yet it must be read as the Cherokee Nation would have understood it—a pledge of protection for the Native Nation, not U.S. dictatorship, tyranny or despotism. Thomas Jefferson recognized that Native Nations were governed by native traditions, customs, and laws.

The Articles of Confederation, America’s original governing document, provides that:

 

The United States in Congress assembled shall also have the sole and exclusive right and power of … regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated.

Articles of Confederation, Art. XI (Passed by Continental Congress 1777, ratified 1781–1789). In practice, this allocation of power was not practical because the grant of authority to Congress was too qualified and the states continued to claim concurrent power over Indian affairs. The weakness of the Indian Affairs power was exemplary of the overall problems for the United States under the Articles of Confederation. This provision does not inform the Constitution by reserving state’s rights in the field of Indian affairs.

General George Washington chaired the Constitutional Convention, and contrary to Justice Thomas’s suggestion, he did not carry forward the Articles of Confederation. In partnership with Franklin, Jefferson and others, Washington and his party of Federalists, Jay, Hamilton, and Madison, rewrote the Constitution to ensure the success of the United States of America as one Nation. Washington made sure that the Federal Government had plenary authority—vis-à-vis the states—over Indian affairs (and other areas of Federal authority). Washington sought to forestall brushfire wars along the United States border because he knew that American citizens, who encroached on Indian lands and “endangered” the peace of the Union by violating Indian treaties, started Indian wars.

Accordingly, the Constitution says simply, “Congress shall have the power to regulate Commerce … with the Indian Tribes,” and state laws that are contrary to Federal law are preempted by the Supremacy Clause. Thomas’s broadside notwith-standing, this is not the only font of Federal authority concerning government-to-government relations with Indian nations and tribes. The United States negotiated 17 treaties under the Articles of Confederation prior to the Constitution, and 10 of those were treaties with Indian Nations (Cherokee Nation, Choctaw Nation, Six Nations). The Constitution affirms those treaties already made, including the treaty pledges of protection for Indian nations. The Constitution also authorizes new treaties. The Constitution, through the Treaty and Supremacy Clauses, recognizes Indian nations and tribes as prior sovereigns, with authority to enter treaties and those treaties reserved tribal self-governance over Indian lands and tribal citizens. Over 370 Indian treaties were entered under the Treaty Clause. The Apportionment Clause expressly excludes tribal citizens from direct taxation and congressional apportionment as “Indians not taxed.” Our people were citizens of our own Native Nations, not the United States.

As Chairman of the Constitutional Convention, Washington is a reliable guide to the Constitution’s meaning. In 1790, one year after its ratification, President Washington entered the Treaty with the Creek Nation, guaranteeing Creek territory, pledging protection, promoting justice, agriculture, and civilization. With regard to the “beloved” Cherokee Nation, President Washington exhorted them to undertake agriculture, sell their surplus to their white neighbors, gather in national council and send delegates to Congress, expressing their priorities and concerns.

Jefferson’s legacy is the Louisiana Purchase. In the 1803 Louisiana Purchase Treaty, the United States pledged to honor the international treaties with Indian nations, until such time as the United States by “mutual consent” entered its own treaties. Under Jefferson’s leadership, the United States passed laws for Indian traders, Indian education, and restricted liquor sales. Later, Indian treaties included provisions for tribal territorial integrity, self-government, agriculture, allotment of lands, education, health care, “civilization.” Domestic relations were addressed through treaties, when non-Indian husbands of Indian women were included in allotment of tribal lands and crimes between Indians were reserved to tribal self-government. Indian children were often sent far from home to military boarding schools, like Carlisle School in Pennsylvania, or educated in government boarding schools on Indian reservations. InUnited States v. Quiver(1916), the Supreme Court explained that:

 

At an early period it became the settled policy of Congress to permit the personal and domestic relations of the Indians with each other to be regulated, and offenses by one Indian against the person or property of another Indian to be dealt with, according to their tribal customs and laws. Thus the Indian intercourse acts of 1796 and 1802 provided for the punishment of various offenses by white persons against Indians and by Indians against white persons, but left untouched those by Indians against each other.

 

After 90 years of Indian treaty-making, Congress promulgated, and the states ratified, the 14thAmendment. Congress intended to make freed slaves citizens through the Citizenship Clause, but intentionally excluded the citizens of Indian nations from U.S. Citizenship. Native people were not “subject to” the jurisdiction of the United States, as required by the new Clause. Our people were subject to tribal government jurisdiction.

When the 14thAmendment removed the constitutional reference to slavery (3/5s of other persons) and counted “All persons, excluding Indians not taxed,” the political status of tribal citizens was affirmed. Under the Indian Peace Policy of the post-Civil War era, the United States entered into over 70 Indian treaties while the 14thAmendment was considered and ratified. By repeating the original language of the Constitution, the 14thAmendment should be read to affirm the original Indian affairs powers of the United States. In this way, the Nation approved an expansive view of the Indian affairs power and the government-to-government relationship between the United States and Indian nations.

The Supreme Court has found that the War Powers are also among the Indian affairs powers because the United States, having made war on Indian nations, also had the power to make peace. Indeed, President Washington put Secretary of War Knox in charge of treaty-making with the Cherokee Nation in 1790. The Department of War was the original home of the Bureau of Indian Affairs. The United States destroyed traditional tribal economies and disrupted our Indian communities by warfare, so the United States has the power to assist Indian nations in restoring tribal economies and Indian communities. (Think of the Marshall Plan.) And, under the Constitution’s Property Clause, the United States, having taken original Indian lands as “surplus” and having claimed title over remaining Indian lands to protect them against alienation, also had the power to restore Indian lands.

In his Baby Veronica opinion, Thomas would have us believe that because no furs, beads or kettles, hatchets or guns were traded, the Indian Child Welfare Act is unconstitutional. His view ignores the history of the United States relations with Indian nations, the Constitution’s text, treaties, statutes, and a rich body of Supreme Court precedent. As Chief Justice Marshall said in the 1830s Cherokee Nation cases, the duty to protect is not a license to destroy. Where the United States pledged through treaties (affirmed by the 14thAmendment) to protect Indian nations, Congress now has the power to protect our Indian children so they, as our future citizens, are not stripped away from our Indian nations.

Under the Constitution, it is well within Congress’s power to protect Indian families and children through the Indian Child Welfare Act. Justice Thomas is just plain wrong when he says otherwise.

Mark C. Van Norman is the Executive Director for the National Indian Gaming Association.

Good idea, but not in our neighborhood

Posted: 07/14/2013 1:55 pm

 

 

Huffington Post

By Tim Giago 
Founder, Native American Journalists Association

If you are Native American and you have lived in Rapid City for any length of time, the actions of the Department of Parks and Recreation Advisory Board last Thursday would have come as no surprise.
After two previous meetings, the board finally voted 4 – 3 to deny Native Americans the opportunity to place four bronze busts of famous Native Americans in Rapid City’s Halley Park.

I felt from the moment I entered the arena of the old Sioux Indian Museum at Halley Park that we were about to face a rigged and forgone conclusion of a decision. That feeling just hung in the air. The board saw to it that five of the grandchildren of Mr. James Halley, for whom the park was named, were present. It was almost as if they collectively brought a feeling of “Oh my God; they are trying to place the busts of Indians in our precious park.”

Most of the people standing up in opposition to the plan were folks who lived in the park neighborhood. To a person they said, “Oh, the idea is a really good one, but not in our neighborhood.” One elderly lady almost uttered the racist words that seemed to be on the minds of those people opposed to the project. She said, “I’ve lived in Rapid City for 70 years and if they put those statues there the next thing you know . . . . . . . . Oh, I can’t even find the words.” Every Indian in the place knew the words. They were, “The next thing you know there will be a bunch of drunken Indians panhandling and dirtying up the park in our precious neighborhood.”

Actually the idea of the Sculpture Garden of Native Americans was hatched by the longtime activist and professor, Elizabeth Cook-Lynn, a member of the Crow Creek Sioux Tribe. She wanted to place the busts of accomplished Native Americans like Vine Deloria, Jr., a noted Indian author, Oscar Howe, one of the great Indian artists of our time, Charles Eastman, an author and physician, and the famous holy man Black Elk, in the park to show the rest of the world that we (Native Americans) had intelligent, professional scholars and artistic members in our history who seldom make it into the history and text books of non-Native America.

At a previous meeting a few months back Cook-Lynn was quoted as speaking of “little white girls” and this comment set off board member Jeff Schild. His impression of one of the ‘good ole boys,’ intentional or not, was right on. His efforts at making light of a serious proposal were embarrassing to some of the other board members and definitely to all of the Native Americans in attendance.

Mr. Schild made it his goal to attack and embarrass the elderly Dakota woman, Liz Cook-Lynn. “I didn’t like your comment about little white girls because I have two daughters of my own and Oh yes; I’m of Russian and German descent.” Retorted Liz, “Well you folks refer to our children as ‘little Indians,’ so what’s the difference? But Schild kept jabbing away until he forced an apology from Cook-Lynn. It seems that his attacks upon Cook-Lynn were his only reason for showing up that night and his obvious opposition to the proposal to place the statues in Halley Park was secondary.

For more than 50 years the Sioux Indian Museum was located in the very park Cook-Lynn selected for the Sculpture Garden of Native Americans. The lame excuse that by placing the statues in the park would create traffic problems was repeated over and over and the proven fact that the Sioux Museum never caused traffic problems in all of the years it shared the park was never mentioned.

The placing of the Indian statues in the park would then become a “destination” according to Mr. Schild, Nick Stroot and Chuck Tinant, three of the board members who voted against the plan. “The location is a big concern,” they almost chimed in unison. And they could have added, yes, my dear little Indians, it’s a good idea, but not in our neighborhood.

There are statues of past white American presidents on nearly every street corner in downtown Rapid City. Are they also considered a “destination” because there is certainly a lot of traffic passing through downtown? No, they are more of a distraction than a destination.

We ask Elizabeth Cook-Lynn to stick to her guns and don’t give up the fight. Discouragement is the first roadblock to accomplishment.

The next step of the Four Nations Sculpture Park Corporation will be to take the fight to the newly elected, second-term mayor, Sam Kooiker. As Mr. Schild would probably say in his best impression of one of the “good ole boys,” There’s more than one way to skin a cat.”

(Tim Giago can be reached at unitysodak1@knology.net)

School Policies Reduce Student Drinking – if They’re Perceived to be Enforced

By Doree Armstrong | University of Washington 07/09/2013 10:39:00

 “Just say no” has been many a parent’s mantra when it comes to talking to their children about drugs or alcohol. Schools echo that with specific policies against illicit use on school grounds. But do those school policies work?

University of Washington professor of social work Richard Catalano and colleagues studied whether anti-alcohol policies in public and private schools in Washington state and Australia’s Victoria state were effective for eighth- and ninth-graders.

What they found was that each school’s particular policy mattered less than the students’ perceived enforcement of it. So, even if a school had a suspension or expulsion policy, if students felt the school didn’t enforce it then they were more likely to drink on campus. But, even if a school’s policy was less harsh – such as requiring counseling – students were less likely to drink at school if they believed school officials would enforce it.

“Whatever your school policy is, lax enforcement is related to more drinking,” Catalano said.

The study was published recently in the journal Health Education Research.

The results were similar in Washington, where the legal drinking age is 21 and schools tend to have a zero-tolerance approach, and Victoria, Australia, where the legal drinking age is 18 and policies are more about minimizing harm.

In the study, 44 percent of Victoria eighth-graders and 22 percent of Washington eighth-graders reported drinking alcohol. Victoria students also reported higher rates of binge drinking and alcohol-related harms.

Apart from perceptions about enforcement, harmful behaviors in both states were reduced when students believed policy violators would likely be counseled by a teacher on the dangers of alcohol use, rather than expelled or suspended.

“Schools should focus on zero tolerance and abstinence in primary and early middle school, but sometime between middle school and high school they have to blend in zero tolerance with harm minimization,” said Catalano, director of the Social Development Research Group at the UWSchool of Social Work and principal investigator for the International Youth Development Study. “By the time they get into high school they need new strategies.”

Those strategies could include talking to a teacher or being referred to treatment. The likelihood of binge drinking was reduced if students received an abstinence alcohol message or a harm minimization message, and if they believed teachers would talk to them about the dangers of alcohol. Catalano said such remediation policies are an important predictor of less alcohol use among ninth-graders.

He said the study shows harsh punishment for drinking on school grounds, such as calling the police or expelling the student, doesn’t inhibit alcohol use on campus. Instead, long-term negative impacts of expulsion mean students feel disconnected from school and may subsequently drink more. Calling the police, which gives the student a police record, appears to make things even worse.

“What we’ve seen in other studies from this sample is suspension policies actually worsen the behavior problem,” Catalano said. “What that says to me is, although you want policies and you want enforcement of policies, there are other ways of responding than suspension, expulsion and calling the police: Getting a student to talk to a teacher about how alcohol might be harmful, or a session with the school counselor.”

The study was funded by the National Institute on Drug AbuseNational Institute on Alcoholism and Alcohol Abuse, and Victorian Government’s Operational Infrastructure Support Program. Co-authors are Todd Herrenkohl of the UW, lead author Tracy Evans-Whipp and Stephanie Plenty ofRoyal Children’s Hospital in Victoria, Australia, and John Toumbourou of Deakin University in Australia.

Source: University of Washington