Wednesday, March 15, 2023

Raymond Two Hawks Watson, MINDSETTER™

Indian politics . . .  as traditional. I attempt to preserve my commentary targeted on constructive points of my group’s tradition, historical past, and traditions, primarily as a result of I firmly consider that’s what is most wanted. However, there are particular instances, like the current event, the place I really feel compelled to handle the proverbial elephant within the room.

Two payments associated to recognition of Indian tribes have been not too long ago launched into the General Assembly. House Bill 5020  establishes a process for Native American tribes to petition the state for recognition. House Bill 5021  would acknowledge the Seaconke Wampanoag Tribe as a Native American Indian tribe. Both payments have been launched by Representative Vella-Wilkinson. and according to Rhode Island Indian politics, each payments have been opposed by the Narragansett Indian Tribe.

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In an undated press release posted on the tribal website the Narragansett Indian Tribe expresses concern that state recognition “should not occur without a thoroughly documented petition by the tribe, or group, that is reviewed by the State of Rhode Island acknowledging that there is adequate historical, anthropological, and genealogical evidence to grant recognition.” The press launch additional states “Merely having tribal members living in Rhode Island does not meet this test.” citing the presence of Indians in Rhode Island who’re from tribes that aren’t indigenous to Rhode Island as proof constructive of the priority.

The press launch cites the intensive course of that the Narragansett Indian Tribe endured to attain federal acknowledgment and recognition by the United States as an Indian Nation and reiterates that the Narragansett Indian Tribe is the one federally acknowledged and acknowledged Indian tribe within the State of Rhode Island. The press launch additional determines that House Bill 5020 extra carefully mirrors the federal course of however that House Bill 5021 falls in need of the method utilized by the Federal authorities. The press launch concludes with quotes from Narragansett Indian Tribe Chief Sachem Anthony Dean Stanton questioning the State’s motive in recognizing a single tribe by laws whereas concurrently contemplating a invoice to determine a recognition course of and asserting that Rhode Island has by no means acknowledged the Narragansett Tribe and has traditionally opposed the Tribe’s train of presidency powers.

For my half, I absolutely assist the Seaconke Wampanoag Tribe’s efforts to formalize a relationship with the State of Rhode Island. It is widespread data amongst New England Indians that the Seaconke Wampanoag are the lineage of the soldiers that fought alongside Pokanoket War Captain Anawon in the course of the King Philips War and who have been current when Anawon was pressured to give up to Captain Benjamin Church at Anawon’s Rock in current day Rehoboth, Massachusetts on August 28, 1676. The Seaconke Wampanoag household strains are properly documented, and the Seaconke Wampanoag Tribe is absolutely acknowledged and revered as an Indian Tribe by the regional tribal group.

I’ve personally attended, drummed, and danced on the Seaconke Wampanoag powwow on a lot of events, Seaconke Wampanoag Tribe member Kali Reis is a champion boxer and actor, and Seaconke Wampaonag Tribe Chief Darrel Waldron has offered providers to the regional American Indian group for a number of years in his capability as Director of the Rhode Island Indian Council (https://turnto10.com/news/local/rhode-island-indian-council-says-community-lacks-visibility-indigenous-people). In quick, there isn’t any official foundation for questioning whether or not the Seaconke Wampanoag Tribe is an Indian Tribe with substantiated historic and up to date ties to Rhode Island. If the Seaconke Wampanog Tribe so chooses, the Tribe deserves to be formally acknowledged by the State of Rhode Island.

For my half, and with all due respect to the Tribe, I disagree with lots of the considerations alleged within the Narragansett Indian Tribe’s press launch. First, I object to the assertion that the State of Rhode Island is remitted to implement a course of mirroring the Federal course of when state recognizing an Indian Tribe. A basic idea of constitutional regulation is that the Federal authorities and the States are separate sovereigns, and that States aren’t essentially topic to the insurance policies of the Federal authorities. Accordingly, as there isn’t any particular mandate that States undertake a course of mirroring the Federal course of when state recognizing an Indian Tribe, it’s improper to say that the State of Rhode Island is so mandated. This in flip negates the assertion that the State of Rhode Island is prohibited or handicapped from exercising its legislative authority to acknowledge an Indian Tribe.

I’m not alone in my evaluation. The National Congress of State Legislatures states “State recognized tribes are tribes recognized by individual states, usually through the state legislature or by a state commission or similar organization. Some state-recognized tribes are also federally recognized . . . The main reason tribes petition for state recognition is to have their existence acknowledged and to continue a government-to-government relationship with the state.” (https://www.ncsl.org/quad-caucus/state-tribal-institute-most-frequently-asked-questions).

What is obvious is that States have autonomy and authority to state acknowledge Indian Tribes by means of legislative act, state recognition by legislative act won’t infringe upon the rights of a federally acknowledged Indian Nation, and basic functions of state recognition is to acknowledge the existence of an Indian Tribe and proceed a government-to-government relationship with the state. What just isn’t clear is the grounds for asserting that as a result of the Narragansett Indian Tribe was pressured to endure the indignity of the federal recognition course of to determine a relationship with the United States, each different Tribe with ties to Rhode Island should endure a equally demeaning course of to formalize a relationship with the State of Rhode Island.

Second, I object to the assertion that the Narragansett Tribe has by no means been acknowledged by the State of Rhode Island. To the opposite, the Narragansett Tribe was acknowledged by Act of the General Assembly in 1936 by means of P.L. 1936, ch. 2331 of the Rhode Island General Laws which established Indian Day within the State of Rhode Island in recognition of the a number of Indian Tribes of Rhode Island, which embody the Narragansett, Wampanoag, Nipmuc, Aquedneck and Niantic. The press launch ought to correctly state that the Narragansett Indian Tribe has by no means been acknowledged by the State of Rhode Island, which is primarily as a result of the Narragansett Indian Tribe was not included till the Rhode Island Indian Claims Settlement Act of 1978. That level apart, it’s inaccurate to say that the State of Rhode Island has by no means acknowledged the Narragansett Tribe, and the report needs to be clarified on this regard.

One area I do discover grounds for settlement is in questioning the knowledge of the State recognizing just one Tribe by legislative act. This looks like an inherently divisive determination that fails to handle the elemental difficulty of the State’s have to formalize relationships with the a number of Indian Tribes of Rhode Island. My private desire is that the State merely reestablish—by Act—the Rhode Island Commission for Indian Affairs, or some model of it. The Commission was established in 1976 by Executive Order No. 39, existed contemporaneously with the federally acknowledged Narragansett Indian Tribe, and was not abolished till 1995 by Executive Order No. 95-8. In my humble opinion, re-establishment of a fee looks like a extra environment friendly and fewer contentious technique of addressing the matter; a number of neighboring states have established commissions, and I might urge the State to do additional analysis on this regard.

I’ll share extra remarks from the National Congress of State Legislatures to assist my perspective. They state, “Many tribes and states are discovering ways to set aside jurisdictional debate in favor of cooperative government-to-government relationships that respect the autonomy of both governments. It is now common for tribes and states to work together to build new structures for communication and cooperation. This collaboration does not mean that either a state or a tribe is giving away jurisdiction or sovereignty.” (https://www.ncsl.org/quad-caucus/state-tribal-collaboration). The National Congress of State Legislatures additional states “As Indian tribes improve governmental capacity and more frequent exercise their powers of self-government, tribal and state governments are increasingly finding areas of mutual interest and discovering ways to set aside jurisdictional rivalry in favor of cooperative government-to-government interactions.” 

Keywords akin to “autonomy” and “self-government” essentially infer that the State’s relationship with every of the a number of Indian tribes is restricted and particular person, and that no Indian Tribe is inherently topic to a relationship established between one other Indian Tribe and the State or the United States.

In closing, the State of Rhode Island can and may formalize mutually respectful government-to-government relationships with the Indian Tribes it shares historic and up to date relationships with. Further, the State needn’t and mustn’t repeat or reinforce divisive practices when establishing such relationships with the Indian Tribes.

Contrary to what some would have you ever consider; the previous doesn’t have to manipulate the long run and the State of Rhode Island needn’t defer to Indian politics as traditional when partaking this crucial matter.

My three cents.

Raymond Two Hawks Watson, J.D., M.C.P.

Raymond Two Hawks Watson is a civil rights chief in Rhode Island. He has an completed profession in enterprise. He is the founding father of the Providence Cultural Equity Initiative. Watson holds a Bachelor’s Degree in Political Science from Union College in NY, a Master’s Degree in Community Planning from the University of Rhode Island, and a graduate of the Roger Williams University School of Law. Watson can be the recipient of the Rhode Island Foundation’s 2016 Innovation Fellowship.

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