Good Morning NUNAverse,
The Oklahoma Court of Criminal Appeals on Thursday again ruled that Oklahoma has no concurrent jurisdiction over crimes committed on tribal lands by non-Native people against Native people. The court rejected the state’s appeal of the dismissal of the manslaughter conviction and 19-year sentence of Richard Roth. The opinion by Judge Robert Hudson cites the decision in McGirt v. Oklahoma in which the U.S. Supreme Court ruled that Oklahoma lacks authority over crimes committed on tribal lands in which the defendants or the victims are tribal citizens.
The Oglala Sioux Tribe is ordering all K-12 schools on the Pine Ridge reservation to quarantine due to a rapid rise in COVID-19 infections. Schools must quarantine for 10 days until September 29, according to a tribal government issued order. As of September 14, there are 41 active cases of COVID-19 across tribal lands. Leaders issued the order as a means to protect children under age 12 who can’t receive the vaccine and to decrease the risk to elders and other high-risk citizens. COVID-19 rates in South Dakota have increased 22 percent in the past two weeks; rates in North Dakota have increased by 47 percent.
Data from the US Centers for Disease Control and Prevention (CDC) show that Native people have consistently had the best vaccination records since COVID-19 vaccination in the US began in early 2021. The CDC’s daily tracker for September 13 showed that 47.5% of Native were fully vaccinated, this compared with 41.8% of Asians Americans, 37.8% of white Americans, and 29.9% of African Americans. Native people have maintained their lead since the beginning of vaccination in the first dose category as well. Community leaders ascribe this success to two things: first, the US government’s decision to allow Native communities to control vaccine distribution; and second, traditional ethnic values including respect for elders, “community first” philosophies, and a willingness to trust science — so long as it’s presented by community members themselves.
Indigenous leaders are largely being excluded from participation in the upcoming United Nations Climate Change Conference as the world grapples with escalating problems from floods, fires, heat, drought, and other disasters. Limited access to COVID-19 vaccines in certain regions, travel restrictions and quarantine in the United Kingdom for people from “red list” countries in Central and South America, Africa and Asia, and rising costs of travel and lodging are hindering Indigenous participation. Even those who manage to get to Glasgow, Scotland, for what is shaping up to be one of the world’s most important meetings on addressing climate change may have little access to influence the discussion, despite the UN’s recognition that Indigenous knowledge is key to long-term success.
Keep reading for a full news update.
COVID-19:
Pine Ridge Shuts Down Schools Amid COVID-19 Rise
Indian Country Today, Marry Annette Pember, September 16
The Oglala Sioux Tribe is ordering all K-12 schools on the Pine Ridge reservation to quarantine due to a rapid rise in COVID-19 infections. Schools must quarantine for 10 days until September 29, according to a tribal government issued order. As of Tuesday, there have been 15 new cases of the disease. As of September 14, there are 41 active cases of COVID-19 across tribal lands. Leaders issued the order as a means to protect children under age 12 who can’t receive the vaccine and to decrease the risk to elders and other high-risk citizens. COVID-19 rates in South Dakota have increased 22 percent in the past two weeks; rates in North Dakota have increased by 47 percent.
COVID-19: How Native Americans Led The Way In The US Vaccination Effort
The BMJ, Joanne Silberner, September 17
Data from the US Centers for Disease Control and Prevention (CDC) show that Native people have consistently had the best vaccination records since COVID-19 vaccination in the US began in early 2021. The CDC’s daily tracker for 13 September showed that 47.5% of Native were fully vaccinated, this compared with 41.8% of Asians, 37.8% of white Americans, and 29.9% of African Americans. Native people have maintained their lead since the beginning of vaccination in the first dose category as well. Community leaders ascribe this success to two things: first, the US government’s decision to allow Native communities to control vaccine distribution; and second, traditional ethnic values including respect for elders, “community first” philosophies, and a willingness to trust science—so long as it’s presented by community members themselves.
Politics:
Indigenous Leaders Face Barriers To UN Climate Conference
Native News Online, Mary Annette Pember, September 16
Indigenous leaders are largely being excluded from participation in the upcoming United Nations Climate Change Conference as the world grapples with escalating problems from floods, fires, heat, drought and other disasters. Limited access to COVID-19 vaccines in certain regions, travel restrictions and quarantine in the United Kingdom for people from “red list” countries in Central and South America, Africa and Asia, and rising costs of travel and lodging are hindering Indigenous participation. Even those who manage to get to Glasgow, Scotland, for what is shaping up to be one of the world’s most important meetings on addressing climate change may have little access to influence the discussion, despite the UN’s recognition that Indigenous knowledge is key to long-term success.
Law:
Court: Oklahoma Has No Concurrent Indian Country Authority
AP News, September 16
The Oklahoma Court of Criminal Appeals on Thursday again ruled that Oklahoma has no concurrent jurisdiction over crimes committed on tribal lands by non-Native people against Native people. The court rejected the state’s appeal of the dismissal of the manslaughter conviction and 19-year sentence of Richard Roth, 42. The opinion by Judge Robert Hudson cites what is known as the McGirt decision in which the U.S. Supreme Court ruled that Oklahoma lacks authority over crimes committed on tribal lands in which the defendants or the victims are tribal citizens. The state is appealing the state court’s April ruling that it does not have concurrent jurisdiction in the case of Shaun Bosse. Bosse, who is non-Native, was convicted of killing a woman and her two young children, who were Native.
Attorneys, Advocates Reflect On New Native American Voting Rights Bill
Cronkite News, Nancy Marie Spears, September 16
Some people with stakes in Indigenous voter rights are looking to the Native American Voting Rights Act to help address voting and election problems for Oklahoma tribes. “This legislation greatly improves the tools and resources available to help Native Americans exercise their right to vote, which is especially important for those living in rural areas,” Oklahoma Representative Tom Cole said when he introduced the bill to the House alongside Kansas Representative Sharice Davids on August 13. Native Organizers Alliance is a volunteer group known for helping to organize and build Indigenous community leaders and groups. One primary objective has been getting Native voters registered for tribal, state and national elections. The alliance serves several tribes and states across the nation, including Oklahoma. Jennifer Bailey (Cheyenne and Arapaho Tribe) volunteers there when needed. Bailey hopes the Native American Voting Rights Act will address some of the long-standing concerns she’s had for voting participation in her own tribe.
Native American Woman On FBI List Arrested For Allegedly Selling Drugs On Reservation
Indian Country Today, September 16
The FBI Salt Lake City Field Office announced the arrest of Marlina Nannett Martinez this afternoon. Martinez was wanted for her alleged involvement in possessing and distributing drugs on the Fort Peck Indian Reservation in Montana. In June, the Salt Lake field office issued a “Wanted by the FBI” notice to locate Martinez. She remained on the wanted list until her arrest on Tuesday evening by members of the North Texas Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force 1 and the Dallas Police Department’s Fugitive Unit. Martinez was wanted for her alleged involvement in possessing and distributing oxycodone, fentanyl, and methamphetamine on the Fort Peck Indian Reservation in October 2020.
Other:
Cal State Long Beach, Native Americans Reach Agreement To Perpetually Protect Puvungna Land
Press-Telegram, Harry Saltzgaver, September 16
A settlement agreement will perpetually protect a 22-acre parcel of land on the Cal State Long Beach campus considered sacred by area Native people. The settlement came September 15 — two days before a lawsuit over the land was scheduled to go to trial. Puvungna is a 22-acre strip of undeveloped land on the Cal State Long Beach campus along Bellflower Boulevard. Native people and supporters have fought for decades to stop any building there. In 1993, the Acjachemen Nation and others filed a lawsuit, which they won, to stop a proposed mini-mall from being built on Puvungna. While that development was abandoned, Cal State Long Beach officials have refused to eliminate the potential use of Puvungna — until this settlement. The deal, which as of September 16 still must be accepted by the court, requires CSULB to record a Declaration of Restrictive Covenant that would prohibit any development.