Palin attacks Alaska Native languages

[Richard LaFortune]

http://joyharjo.blogspot.com/2008/09/sarah-palins-record-on-alaska-native.html

SUNDAY, SEPTEMBER 07, 2008

Sarah Palin’s Record on Alaska Native and Tribal
Issues
(Thanks to Suzan Harjo for this. She says,"I had a
very tiny hand in it, but it's best to say that it was
written by Alaska Native people. I did fact-checking
and cite-checking, and can verify its accuracy.")


1. Palin has attacked Alaska Native Subsistence
Fishing 

Perhaps no issue is of greater importance to Alaska
Native peoples as the right to hunt 
and fish according to ancient customary and
traditional practices, and to carry on the subsistence

way of life for future generations. 

Governor Sarah Palin has consistently opposed those
rights. 

Once in office, Governor Palin decided to continue
litigation that seeks to overturn every 
subsistence fishing determination the federal
government has ever made in Alaska. (State of 
Alaska v. Norton, 3:05-cv-0158-HRH (D. Ak).) In
pressing this case, Palin decided against 
using the Attorney General (which usually handles
State litigation) and instead continued 
contracting with Senator Ted Stevens’ brother-in-law’s
law firm (Birch, Horton, Bittner & 
Cherot). 

The goal of Palin’s law suit is to invalidate all the
subsistence fishing regulations the 
federal government has issued to date to protect
Native fishing, and to force the courts instead to 
take over the roll of setting subsistence regulations.
Palin’s law suit seeks to diminish 
subsistence fishing rights in order to expand sport
and commercial fishing. 

In May 2007, the federal court rejected the State’s
main challenge, holding that Congress 
in 1980 had expressly granted the U.S. Interior and
Agriculture Departments the authority to 
regulate and protect Native and rural subsistence
fishing activities in Alaska. (Decision entered 
May 15, 2007 (Dkt. No. 110).) 

Notwithstanding this ruling, Palin continues to argue
in the litigation that the federal 
subsistence protections are too broad, and should be
narrowed to exclude vast areas from 
subsistence fishing, in favor of sport and commercial
fishing. Palin opposes subsistence 
protections in marine waters, on many of the lands
that Natives selected under their 1971 land 
claims settlement with the state and federal
governments, and in many of the rivers where Alaska 
Natives customarily fish. (Alaska Complaint at 15-18.)
Palin also opposes subsistence fishing 
protections on Alaska Native federal allotments that
were deeded to individuals purposely to 
foster Native subsistence activities. All these issues
are now pending before the federal district 
court. 

2. Palin has attacked Alaska Native Subsistence
Hunting 

Palin has also sought to invalidate critical
determinations the Federal Subsistence Board 
has made regarding customary and traditional uses of
game, specifically to take hunting 
opportunities away from Native subsistence villagers
and thereby enhance sport hunting. 

Palin’s attack here on subsistence has focused on the
Ahtna Indian people in Chistochina. 
Although the federal district court has rejected
Palin’s challenge, she has carried on an appeal 
that was argued in August 2008. (State of Alaska v.
Fleagle, No. 07-35723 (9th Cir.).) 

In both hunting and fishing matters, Palin has
continued uninterrupted the policies 
initiated by the former Governor Frank Murkowski
Administration, challenging hunting and 
fishing protections that Native people depend upon for
their subsistence way of life in order to 
enhance sport fishing and hunting opportunities.
Palin’s lawsuits are a direct attack on the core 
way of life of Native Tribes in rural Alaska. 

3. Palin has attacked Alaska Tribal Sovereignty 

Governor Palin opposes Alaska tribal sovereignty. 

Given past court rulings affirming the federally
recognized tribal status of Alaska Native 
villages, Palin does not technically challenge that
status. But Palin argues that Alaska Tribes 
have no authority to act as sovereigns, despite their
recognition. 

So extreme is Palin on tribal sovereignty issues that
she has sought to block tribes from 
exercising any authority whatsoever even over the
welfare of Native children, adhering to a 2004 
legal opinion issued by the former Murkowski
Administration that no such jurisdiction exists 
(except when a state court transfers a matter to a
tribal court). 

Both the state courts and the federal courts have
struck down Palin’s policy of refusing to 
recognize the sovereign authority of Alaska Tribes to
address issues involving Alaska Native 
children. Native Village of Tanana v. State of Alaska,
3AN-04-12194 CI (judgment entered 
Aug. 26, 2008) (Ak. Super. Ct.); Native Kaltag Tribal
Council v. DHHS, No. 3:06-cv-00211- 
TMB (D. Ak.), pending on appeal No 08-35343 (9th
Cir.)). Nonetheless, Palin’s policy of 
refusing to recognize Alaska tribal sovereignty
remains unchanged. 

4. Palin has attacked Alaska Native Languages 

Palin has refused to accord proper respect to Alaska
Native languages and voters by 
refusing to provide language assistance to Yup'ik
speaking Alaska Native voters. As a result, 
Palin was just ordered by a special three-judge panel
of federal judges to provide various forms 
of voter assistance to Yup'ik voters residing in
southwest Alaska. Nick v. Bethel, No. 3:07-cv- 
0098-TMB (D. Ak.) (Order entered July 30, 2008).
Citing years of State neglect, Palin was 
ordered to provide trained poll workers who are
bilingual in English and Yup'ik; sample ballots 
in written Yup'ik; a written Yup'ik glossary of
election terms; consultation with local Tribes to 
ensure the accuracy of Yup'ik translations; a Yup'ik
language coordinator; and pre-election and 
post-election reports to the court to track the
State's efforts. 

In sum, measured against some the rights that are most
fundamental to Alaska Native Tribes – 
the subsistence way of life, tribal sovereignty and
voting rights – Palin’s record is a failure.
POSTED BY JOY AT 5:02 PM