Tragic Killing of a Corporal and the Urgent Need to End Female Genital Mutilation

by Grace Ndanu

The Kenya Girls Guide Association hosted a rally against FGM during 16 Days of Activism in 2011.
The Kenya Girls Guide Association hosted a rally against FGM during 16 Days of Activism in 2011. Source: Yahoo Images

The killing of Corporal Mushote Boma on December 15, 2023, in Elgeyo Marakwet County, Kenya, has brought to light the deeply entrenched issue of female genital mutilation (FGM) and the urgent need for increased awareness and action to eliminate this harmful practice. The tragic incident, where Corporal Boma was stoned to death by a mob of young men after rescuing a group of girls who had been forced to undergo FGM, signifies a significant setback in the fight against this violation of human rights in Kenya.

Female genital mutilation, also known as female genital cutting or female circumcision, is a practice that involves altering or injuring the female genitalia for non-medical reasons. FGM is a harmful practice and a violation of the rights of girls and women. It can lead to severe physical, emotional, and psychological consequences, including but not limited to severe bleeding, infections, complications during childbirth, and long-term psychological trauma. The World Health Organization (WHO) has classified FGM into four types, with type 3 being the most severe, involving the removal of all external genitalia and the stitching of the vaginal opening.

According to reports, the incident involving the Corporal occurred when the police were taking the rescued girls to the hospital after the illegal FGM procedure. It is a grim reminder of the challenges faced by law enforcement officers and activists in combating such deeply rooted harmful practices. Despite the ban on FGM in Kenya, the practice still persists in certain areas, often conducted during school holidays, using crude methods and tools by individuals who continue to defy the law.

It is essential to understand that the practice of FGM is not limited to Kenya but is prevalent in many African countries, as well as in some parts of Asia and the Middle East. The complexity of cultural, social, and traditional beliefs and practices surrounding FGM makes the fight against it particularly challenging.

An infographic on FGM, including information about how many girls and women are impacted by it, practiced in over 30 different countries around the world. Source: Yahoo Images
An infographic on FGM, including information about how many girls and women are impacted by it, is practiced in over 30 different countries around the world. Source: Yahoo Images

In the wake of Corporal Boma’s tragic killing, there is an urgent need for heightened awareness and education about the dangers of FGM. The involvement of communities, religious leaders, and other stakeholders is crucial in effectively addressing and eliminating this harmful practice. There is a pressing need for community-based interventions focused on education, awareness, and empowering women and girls.

Furthermore, it is imperative for the Kenyan government and other relevant authorities to take decisive action and strengthen the enforcement of laws against FGM. Perpetrators of FGM must be brought to justice to send a clear message that this harmful practice will not be tolerated in any form. The government should collaborate closely with local organizations and international partners to develop and implement comprehensive strategies to combat FGM effectively.

The media can play a pivotal role in raising awareness about FGM and shaping public opinion on the issue. Media campaigns and educational programs can provide crucial information on the physical and psychological consequences of FGM, dispel myths and misconceptions, and promote positive social norms around the issue. Additionally, the media can highlight success stories of communities that have abandoned the practice of FGM, inspiring others to follow suit.

At the global level, the international community plays a vital role in supporting efforts to combat FGM. International organizations, including the United Nations and its specialized agencies, as well as non-governmental organizations, have been advocating for the elimination of FGM through various programs and initiatives. These efforts range from providing direct assistance to affected communities, conducting research and data collection, advocating for policy changes, and supporting grassroots organizations working at the local level.

Some resources laid out for community members to learn about the dangers of FGM. It includes pamphlets, brochures, and a 3D model used to teach about different types of FGM.
Some resources are laid out for community members to learn about the dangers of FGM. It includes pamphlets, brochures, and a 3D model used to teach about different types of FGM. Source: Yahoo Images

The killing of Corporal Mushote Boma serves as a stark reminder of the urgent action needed to eliminate the harmful practice of female genital mutilation. It is crucial to work collectively to raise awareness, educate communities, and enforce laws to protect the rights of girls and women. This tragic incident must galvanize individuals, communities, and governments to address FGM comprehensively and put an end to this barbaric practice.

The world must unite to protect the rights and well-being of girls and women globally and ensure that no one else suffers the same fate as Corporal Mushote Boma. By fostering a culture of respect for human rights and gender equality and by promoting positive social norms and behaviors, we can strive to create a world where every girl and woman has the right to live free from the fear and trauma of female genital mutilation. Together, we can work towards a future where every girl and woman can fulfill her potential without being subjected to the physical and emotional pain of FGM.

The tragic killing of Corporal Boma is a solemn call to action, and it must be responded to with determination, compassion, and unwavering commitment to bringing an end to the harmful practice of female genital mutilation once and for all.

The Indigenous Justice System: How Underfunding is Failing Tribal Police

by Eva Pechtl

For a better understanding of the information you will encounter in this blog, it may be valuable to read part one of my series on the Indigenous Justice System, History of Limitations and Restorative Justice,” on the legal jurisdiction of Indigenous authorities and the traditional forms of justice in many Indigenous communities. In this blog, I will expand on the struggles of Indigenous communities due to insufficient federal funding. Multiple Indigenous tribes are suing the federal government for violating treaty obligations to provide adequate funding for law enforcement and justice services on reservations.  

An image of an old U.S. Bureau of Indian Affairs police badge. Source: Yahoo Images via Flickr              
An image of an old U.S. Bureau of Indian Affairs police badge. Source: Yahoo Images via Flickr          

 

Tribes like the Oglala Sioux and the Northern Cheyenne are suing the Bureau of Indian Affairs (BIA), which operates 23 police agencies out of 258 official tribal law enforcement entities. The BIA’s Office of Justice Services is responsible for ensuring public safety and justice across Indigenous communities with a proposed 2024 budget of 641.8 million for Public Safety and Justice operations. Under section (900.33) of Public Law 93-638, proposals by agencies outside of the BIA must be reviewed by declination criteria under Subpart (E) and can be declined. Under section (900.31), tribes are entitled to appeal such decline of a proposal and can sue if they wish to challenge the decision.  

The findings of U.S. Code Title 25 Section 3601 state that “tribal justice systems are inadequately funded, and the lack of adequate funding impairs their operation.” There are 234 tribally operated law enforcement agencies; however, the BIA allocates more funding to the minority of agencies that are operated internally. Indigenous communities deserve well-prepared protection from law enforcement, but they are currently faced with battles they cannot win because of this disparity in resources. 

 

Agencies Bound to Crumble 

In a Senate roundtable discussion on Public Safety in Native Communities, several Indigenous speakers spoke about problems surrounding law enforcement in their communities. Tribal police Chief Michael Ford from the Reno-Sparks Indian colony expressed the challenges of keeping tribal officers when external wages are more competitive. Chief Ford explained that after years of training, tribal officers consider better positions for themselves and their families, making it difficult to build trusting relationships with community members and to have experienced officers capable of addressing serious issues. Similarly, Alex Cleghorn, Senior Legal and Policy Director at the Alaska Native Justice Center, explains how the competitiveness of grant processes and the non-guarantee of funding makes it difficult to have continuity in services. This causes challenges for Tribal law enforcement programs and deprives them of a chance to grow consistently or make positive impacts. These are examples of issues generated due to the lack of funding for police services and its effects on failing to adequately support tribal police. 

An image of a student and Tribal instructor training in a firearms proficiency session. Source: Yahoo Images via Flickr
An image of a student and Tribal instructor training in a firearms proficiency session. Source: Yahoo Images via Flickr

Executive Director of the National Indigenous Women’s Resource Center, Lucy Simpson, comments on the effects of the lack of trust in police in Indigenous communities. Strong negative perceptions of law enforcement are present in Indigenous communities following consistent delays in services or instances of abuse by officers. Police abusing their power mixed with low expectations of law enforcement cause both a lack of reporting and of prospective police officers. This weakens the legitimacy of tribal police departments and perpetuates cycles of crime in Indigenous communities. When crimes aren’t reported or followed up on, it’s difficult for tribal police to maintain statistical information that is needed to handle crime reliably. Insufficient resources over time do not only prevent tribal police from effectively responding, but they preserve cycles of criminal behavior and negative police relations. 

 

Jeopardizing Indigenous Community Safety 

In a podcast made this summer by Native America Calling, the President of the Fort Belknap community, Jeffrey Stiffarm, says, “The community knows when there is only one person on staff.” Stiffarm said that drug pushers would make prank calls about domestic violence incidents, knowingly distracting the officer toward a remote end of the reservation while they make a shipment. This is not only dangerous for the community but also for the officers, who often have no choice but to arrive at dangerous calls alone. 

An image of a police car for the Nooksack Indian Tribe in Washington. Source: Yahoo Images via Flickr
An image of a police car for the Nooksack Indian Tribe in Washington. Source: Yahoo Images via Flickr

 

What Stiffarm found particularly frustrating was how the BIA funds departments that are not run by tribes at double or triple the amount. In Fort Belknap, the Chief of Police, criminal investigator, and four dispatchers are paid half the amount of BIA salaries for the same duties, and the tribal officers are paid 70%. Gary Lamere, a supervisory criminal investigator also from Fort Belknap, further exhibited this disparity when he recalled working for the BIA-run law enforcement on the Mescalero Apache Tribe in New Mexico, which had significantly more funds. He argues that with over $2 million for personnel alone, his patrol officers could be proactive, unlike in Fort Belknap, where the entire department has received $1.2 million for all services and is constantly fighting to catch up with crime.  

In the Native America Calling podcast, criminal investigator John Grinsell from the Northern Cheyenne Reservation says that the BIA closed the local jail and moved it 50 miles away with the promise of offering rehabilitation programs. However, the programs never showed, and the Northern Cheyenne and Crow tribes are only allowed 50 beds each out of the 400 beds in the facility. When there is an overflow in the facilities, offenders are transported to Oklahoma, where, if they are released, they often must wait for the monthly transportation services to transfer them back to their community. There is generally high frustration among Indigenous communities about the extended periods it takes for law enforcement officers to respond, often reaching an hour and a half. Furthermore, tribal police often must follow up on crimes without proper compensation when the BIA’s operations fail to follow up. Recently, in the Northern Cheyenne community, arson of a local thrift store was never followed up on, according to Grinsell.  

 

Constantly Running Behind 

When asked in the podcast what he knows about any tribes that are adequately funded, Stiffarm notes tribes like the Crow, which use money from their natural resources to fund their own programs. However, most reservations have been stripped of natural resources like coal and oil, leaving them with minimized opportunities to raise funds for themselves. For centuries, Indigenous people have been stolen from, wrongfully, and not reimbursed fully enough to escape the poverty that ensues. 

Geno LeValdo, a tribal council member in Fort Belknap, comments in the podcast that “no one cares about our communities as we do” and spoke to the BIA’s blatant rejection of pleas for funding. Frankly, the perception among Indigenous communities is that no one cares. A caller on the podcast from Fort Berthold in North Dakota argues that Indigenous people need representatives in Congress who are ready to listen to tribal members. Furthermore, they need Indigenous advocates who will advocate, not just fill a diversity spot. 

President Biden has made tremendous changes, which he highlighted in his Proclamation on National Native American Heritage Month, including appointing many Indigenous people in his administration. His changes are positive, but they are not as impactful as Biden implied, according to Indigenous leaders still dealing with serious issues facing their communities. Biden’s budget for 2023 allocated $2.8 billion to the BIA, with $562.1 million designated for Public Safety and Justice operations. Indigenous leaders wonder about the specific destination of the funds, as they are well aware they are not being allocated towards their services. 

Legislation deemed more highly supported by Indigenous people is the Parity for Tribal Law Enforcement Act, a bill introduced by Dan Newhouse in July 2023. It aims to address the barriers limiting tribal law enforcement by offering measurable steps to improve the hiring and retention of tribal officers. Again, Indigenous leaders are the ones who truly know what they need. Federal funding is a complicated process, but there is no reason to doubt and reject Indigenous calls for help.  

Inequalities in America’s Foster Care System

by Caitlin Cerillo

This picture shows a child pulling a suitcase and standing on top of a cliff-like figure, which depicts the harsh reality of children being relocated in the foster care system.
This picture shows a child pulling a suitcase and standing on top of a cliff-like figure, which depicts the harsh reality of children being relocated in the foster care system. Source: Yahoo Images

Common Misconceptions

Foster care is typically seen as a temporary living arrangement for children who are vulnerable due to circumstances like conflict in the family or home or until they are permanently adopted into a family. However, this is not the case for the hundreds of thousands currently living in the system in the United States. The average amount of time a child stays in the foster care system is just over a year and a half, with about 30% remaining in the system past two years. Many are awaiting being reunited safely with their biological parents or a relative, as their reasoning for being put in the system could have been due to anything from a parent being hospitalized to a death in the family.

On the other hand, many do not have parents or family members that they can be reunited with. Many children in foster care are subject to harsh living conditions, being moved and relocated multiple times during their time in the system, aging out, and the heightened risks of experiencing abuse and malnutrition, just to name a few. Each of these conditions can be extremely harmful to one’s mental and physical well-being. An estimated 50% of young people in the system possess a higher likelihood, 2.5%, of developing mental health disorders compared to their non-involved counterparts. Intersections of race, gender, sexuality, age, ability, and more play a significant role in the experiences someone in the system may face, which will be discussed in this article.

Overrepresentation in Foster Care

One glaring issue regarding the United States foster care system includes the overrepresentation of children of color. Specifically, Black children are among one of the most overrepresented racial groups in the American foster care system. This poses a problem because Black children represent 23% of the foster care population yet only makeup 14% of the general population in regard to children, according to KIDS Count.

This can be attributed to the social and economic disparities that Black families face. Intersections between race and socioeconomic status contribute to the hardships many Black Americans face, such as barriers created by systemic racism and economic inequality that put them on unequal footing. Systemic racism—also referred to as institutionalized racism—means that practices and behaviors that uphold white supremacy are instilled in all aspects of society. Just to name a few, systemic racism can appear in healthcare, educational, criminal justice, and economic systems. Systemic racism has caused Black Americans to face inequalities when it comes to accessing quality education, equal job opportunities, and housing, which all play a role in overrepresentation in the foster care system. Due to these circumstances, Black children may be more likely to be placed into foster care.

Social workers are professionals whose role is to promote social welfare, advocate for disadvantaged populations, and aid people in overcoming the challenges they are going through. Foster care social workers deal with ensuring the well-being of individuals in foster care by conducting home visits, monitoring the health, security, and academic performance of the child, and consulting with other professionals the child may interact with, such as counselors, teachers, and medical professionals.

Implicit biases are preconceived notions that one can have towards a specific group, which affects the ways in which they interact and view that group. Unfortunately, implicit biases that can be held by social workers have also been attributed to the overrepresentation of Black children. These biases can have an influence on how the social worker may handle cases and lead to disproportionate numbers of Black families being investigated and, as a result, becoming involved in the foster care system.

So, what can be done to correct the implicit biases that may exist among foster care social workers? Implementing diversity within the hiring process can ensure an inclusive environment, which can challenge potential implicit biases. Similarly, policies that ensure inclusivity can foster a proactive decision-making process when dealing with biases. Implicit bias training could also be helpful and open the conversation to important topics like the importance of cultural competence, the impact of stereotypes and microaggressions, intersectionality, and ways to recognize and address implicit biases.

Overcrowding in the System

This picture shows a young girl holding a sign with the words "I've been in foster care for 1015 days..."
This picture shows a young girl holding a sign with the words “I’ve been in foster care for 1015 days…” Many children will stay in the system for over two years while awaiting permanent adoption. Source: Yahoo Images

While the number of children in the system has decreased within the last two decades, there are still hundreds of thousands of children who will likely age out. As a foster care child gets older, their likelihood of being adopted into a family decreases. Younger children are more desired among prospective families, with children who are nine or older being much less likely to be adopted, according to the North American Council on Adoptable Children.

An effect of overcrowding is aging out, which occurs when a foster care child turns 18 when they are “emancipated” or no longer granted the protections and resources given to them by the system. Over 23,000 young people age out annually in the United States, which can cause them to be homeless, less likely to have access to educational resources, and often have problems with the transition to adulthood. Additionally, they may become more predisposed to a higher risk of substance abuse and teen pregnancy

This infographic shows various statistics pertaining the circumstances of young people who age out of the foster care system.
Statistics on young people who age out in the foster care system, provided by National Foster Youth Institute. Source: Yahoo Images

Addressing the problem of overcrowding requires several actions: policy changes and reform, improvements in the system as a whole, and public awareness and advocacy. Allocating appropriate funds to the child welfare and foster care system can ensure equal access to mental health services, supply improved technological systems to keep accurate and efficient data, and offer support services for foster parents. Each of these can benefit all entities involved. Public awareness of the system’s overcrowding issue can help recruit more prospective foster families and individuals seeking to permanently adopt a child.

The Connection Between Abortion Bans and the Foster Care System

In June 2022, Americans saw an overturning of Roe v. Wade by the Supreme Court. Roe v. Wade was a landmark decision passed in 1973, which essentially granted the right to abortion across the country. The 2022 decision to strike down Roe v. Wade has had damaging effects on the already overcrowded foster care system. People who are pro-life and against the right to abortion will commonly use foster care as a proposed alternative to the abortion procedure. However, abortion restrictions have been found to cause a significant increase in the number of children who are put into the system, according to an analysis conducted by Harvard Medical School researchers. This results in more children having less of a chance of being adopted into permanent families and increases the number of people who will most likely age out in the system.

 

Poland: Human Rights Implications of the Recent Election

by Jillian Matthews

Poland is a highly polarized nation, with many valuing tradition, culture, and national identity. The combination of these three components, along with repeated rightwing electoral victories, has led to the democratic backsliding of the country, seen in their overreaching policies regarding women’s reproductive rights, LGBTQ+ rights, and judicial reform. Although many human rights violations have happened throughout the country in the past few decades, the results from the most recent election, held on October 15, 2023, have the potential to expand rights to more citizens in the country. To properly describe its importance, I will explain the political context surrounding this recent election before moving on to discuss the future administration and its potential impacts on human rights.

Political Context

Even while under communist rule, Poland has been a predominantly Catholic state, with an overwhelming majority continuing to practice Catholicism today. Traditional Catholic values continue to influence Poland’s political policies and the opinions of many citizens. This influence is most notably seen in the rise of the Law and Justice Party (PiS), with its social policies rooted in Catholic norms and having close relations with the Catholic Church. Up until the October election, PiS controlled the government and had, since 2015, used its eight years of authority to undermine democracy and human rights. These influences have shaped the repressive policies on issues such as women’s autonomy, LGBTQ+ rights, and judicial practices. Listed below are the current status of these issues, showing the political climate leading into the 2023 election.

Women’s Bodily Autonomy

Under the current administration, abortion has continued to be a huge issue. While abortion was essentially banned in 1993, a 2020 amendment tightened restrictions even further. The recent change eliminated the option for abortion even when the fetus is known to have developmental problems or health conditions incompatible with life outside the womb. Prior to the ban, around 90% of all abortions performed in Poland happened for one of these two reasons: after 2020, women were required to carry even unviable pregnancies to term. While abortions are allowed when the life of the mother is threatened, this doesn’t mean that doctors will provide the necessary care. Countless stories have been recorded of Polish doctors overlooking women’s birth complications, favoring the life of the child, even when the child is unlikely to survive and the mother is likely to die or suffer lifelong complications.

Polish women protest for their bodily autonomy. Source: Yahoo Images
Polish women protest for their bodily autonomy. Source: Yahoo Images

In cases where an abortion is not deemed essential to save the life of the mother, doctors who carry out abortions are subject to punishment. If caught aiding an abortion, . This puts women and their doctors in a dangerous position, with women unable to access necessary help and doctors unable to provide adequate assistance without fear of imprisonment.

Not only is abortion increasingly difficult to obtain, but so is contraception. Out of all European countries, Poland ranked the lowest in terms of contraception access. For example, unlike in many European countries, Poland prohibits access to emergency birth control and hormonal birth control without a prescription. All of this shows the lack of women’s bodily autonomy, which can be interpreted as violating the human right to health and poses a threat to all women in Poland.

LGBTQ+ Rights

Those in the LGBTQ+ community face frequent discrimination and a lack of legal protections throughout Poland. Even since the adoption of the modern Polish Constitution in 1993, marriage is seen as proper only when between a man and a woman, meaning that gay couples receive no legal protections when married. Under PiS, steps were taken to further ensure traditional family norms, as seen with the party’s campaigning for a “family charter,” which sought to end marriage between gay couples and eliminate their ability to adopt children. This, along with a rising number of Polish cities that have decided to implement so-called “LGBT Ideology Free Zones,” has led to a climate that actively oppresses those within this community.

Polish citizens protest for the legalization of LGBTQ+ rights. Source: Creative Commons
Polish citizens protest for the legalization of LGBTQ+ rights. Source: Creative Commons

Throughout the European Union, Poland ranks the worst regarding LGBTQ+ rights, with only 15% of family, equality, and recognition rights being obtained. Unfortunately, activists cannot look to the Universal Declaration of Human Rights (UDHR) for assistance, as the document lacks protections on the basis of gender identity or sexuality. This omission of rights from the UDHR makes it nearly impossible for LGBTQ+ members to advocate for legal protections, having no doctrine to support their claims. Not only does this issue show that changes need to be made within Poland, but also the need to expand protections within the UDHR to provide a solid foundation for other advocacy groups worldwide.

Judicial Protections

Human rights concerns in Poland go beyond social issues; in fact, they bleed into the governmental structure itself. In 2019, a law was passed that undermined judicial independence, allowing the government to punish judges who question the legal changes made by PiS. This raised serious global concern, as this move would have allowed the executive branch to have control over the courts effectively, eliminating one of the greatest checks on executive and legislative power in Poland. This followed similar judicial changes that were ultimately made to serve the party. These changes included lowering the retirement age and appointing party loyalists to the Supreme Court. All of this led to the European Courts deeming these judicial revisions illegal in June 2023, making it an even more pressing issue leading into the latest election.

This infringement on the separation of powers causes a genuine and well-defined human rights violation, going against Article eight of the UDHR Article eight grants all humans the “right to an effective remedy by the competent national tribunals,” which is not available when the government has major authority over court cases.

The Recent Election

Given these issues and the increase in authoritarian policies, voters were aware that the 2023 election was extremely important, as seen in the voter turnout rate of about 73%, the highest rate since the fall of communism in 1989. Before explaining further, it’s important to note that Poland has a parliamentary government, meaning citizens’ votes are translated up to the legislature as a percentage of party representation. For example, if a party gained 30% of the total vote, they would receive that much representation in the legislature. This is necessary to know when understanding the outcome of the election.

Polish citizen votes in the election. Source: Yahoo Images
Polish citizen votes in the election. Source: Yahoo Images

 

The Results

The results are as follows: the Law and Justice Party (rightwing) received a plurality of the votes, at 35.4%, Civic Coalition (center-left) received 30.7%, Third Way Coalition (centrist) at 12.4%, and Lewica (far-left) at 8.6%. While PiS holds a plurality, the remaining parties will likely form a center-left coalition, which would oust PiS from power and install a new government with a pro-democracy, pro-human rights agenda.

Likely Impact

Given the percentage of seats held by rightwing versus leftwing and centrist parties, progressive parties will likely assume power and work to steer Poland back to valuing democratic ideals and aligning more closely with the European Union. The three parties that are expected to form the new Polish government all promote democracy and pro-Europeanism, making it likely that action will be taken to support the oppressed groups mentioned above. It is also more probable that European Court rulings regarding the judicial branch will be respected and upheld.

Conclusion

In conclusion, the 2023 election results hold great promise in regard to human rights in Poland. As the Law and Justice Party (PiS) loses its grip on the government, a center-left coalition will likely form and create an overwhelming majority. Although these results won’t be officialized until December, many believe rights will be expanded under the new regime, and Poland can set a precedent for a return to liberal democracy within Central Europe.

 

 

The Indigenous Justice System: History of Limitations And Restorative Justice

by Eva Pechtl

This is the beginning of a series I will be writing about Indigenous justice systems. Though Indigenous people span across the world, I will be providing information specifically on policies and relations of the United States in this blog. Indigenous justice methods are compellingly distinct processes. In this opening post, I will first summarize the history of limitations placed on Indigenous justice and then explore traditions and values behind the restorative processes of Indigenous communities. 

 

Tribal police officers have alternative uniforms and badges sometimes with details representing the Indigenous culture of their community.
An image of a tribal police officer’s uniform and badge from the Salt River Pima Maricopa community in Arizona. Source: Yahoo Images via Flickr

 

History of Foreign Limitations on Justice Processes 

First, it is important to acknowledge the history of legislation put in place by the federal government that has greatly affected Indigenous justice systems. Constant structural changes imposed by colonizers resulted in wide variations between Indigenous tribal justice systems, meaning some are more similar to the US legal system than others. However, overarching this entire topic is the question of whether Indigenous, federal, or both governments presume jurisdiction over criminal offenses in Indigenous countries.  

This question was decided when the federal government essentially ended the exclusive Indigenous jurisdiction over crimes in Indigenous countries. Before exploring Indigenous justice practices, I would like to briefly contextualize the complex and confusing history of Indigenous jurisdiction. 

First, the General Crimes Act of 1817 extended federal jurisdiction over crimes committed on Indigenous land in cases where the defendant is non-Indigenous. At this time, the government only cared to interfere with crimes that involved non-Indigenous people. The Major Crimes Act in 1885 granted the federal government jurisdiction over serious crimes where the defendant is Indigenous, regardless of the victim’s identity. It originally listed seven offenses but has been increased to sixteen. After negotiation, tribal courts retained concurrent jurisdiction to prosecute Indigenous people for any conduct listed as a Section 1152 or Section 1153 felony. This means that an Indigenous defendant can be prosecuted by both the tribal justice system and the federal justice system for the same offense. This is because protection against double jeopardy in the Bill of Rights doesn’t apply to Indigenous nations.

Indigenous people gained more power to govern themselves in 1934 with the enactment of the Indian Reorganization Act. While it recognized tribal governments, the act offered money to those mirroring the U.S. Constitution, attempting to Americanize Indigenous societies. Many customs had disappeared, and Indigenous people were intentionally challenged to create self-government among distinct nations. 

Next, Congress enacted Public Law 280 in 1953, requiring six states to assume civil and criminal jurisdiction on reservations, meaning the federal government gave up jurisdiction over Indigenous people to those states. This law was opposed by Indigenous nations because it was an unconsensual process that further complicated and failed to recognize tribal self-determination. 

The Indian Civil Rights Act in 1968 offered states civil and criminal jurisdiction with the “consent of the tribe” over crimes in any Indigenous country in the state. It limited the sentencing powers of tribal courts but did not require the separation of church and state because of the importance of spirituality in all processes. The Tribal Law and Order Act in 2010 intended to improve tribal safety, slightly increasing tribal sentencing authority to a maximum of 3 years and a $15,000 fine. However, these new privileges were dependent on the imposition of further regulations regarding due process protections in tribal courts.  

Finally, the Violence Against Women Act (VAWA) in 2013 authorized tribal courts special jurisdiction over non-Indigenous offenders in domestic violence cases. This was a landmark shift from the Supreme Court decision Oliphant v. Suquamish Indian Tribe in 1978, which held that tribal courts have no authority to prosecute non-Indigenous people, even if the victim was Indigenous. The VAWA was amended again in 2022 to expand special tribal jurisdiction to a list of covered crimes, including child and sexual violence, sex trafficking, and assault of Tribal justice workers. Indigenous courts can now prosecute and sentence regardless of the offender’s race for crimes against Indigenous victims that had commonly been ignored.

 

Indigenous people march and hold signs in the street to demonstrate their rights against colonization.
An image of Navajo people marching for the decolonization of Indigenous justice systems.    Source: Yahoo Images via Occupy Boston

 

Because of colonization, Indigenous peoples’ principles have gone unrecognized by America’s Anglo-centric justice system. Consequently, Indigenous nations retain limited power to create a befitting legal structure that administers justice. However, they continue to persevere and have cultivated distinct methods, such as restorative and healing practices. 

 

Harmony and Balance in Restorative Justice 

In Indigenous communities, restorative court systems are similar to traditional systems where a council of tribal elders or community leaders will facilitate conversations to resolve interpersonal problems. In this type of resolution, the compliance of the offender is necessary for the families involved. Most importantly, this process attempts to heal the underlying means for a crime, preventing repetitive behavior and aiding the offender’s reintegration into the community. These types of meetings are also known as forums and can be conducted within families and communities. 

In various areas of North America, circle sentencing reflects traditional Indigenous peacemaking aspects and has proven to be an effective approach to healing the offender, the victim, and the community. Specific practices vary by tribe, but the idea is to address participants’ feelings about how offenders can begin making up for their actions. Circle sentencing produces better satisfaction and healing, breaking the cycle of crime and allowing people to reconnect with spiritual traditions with the help of their community. In common Indigenous views, justice and spirituality are deeply connected. 

 

Restorative justice intends to improve ties between the offender, the victim, and the community to create a healing-centered process.
An image of a Venn diagram showing restorative justice goals of the overlapping healing between the victim, offender, and community. Source: Yahoo Images via eCampus Ontario Pressbooks

 

Tribal courts differ from other methods since they use written codes rather than being passed on through tradition. These judicial forums handle a range of legal problems and are led by judges from Indigenous communities. Most defendants or plaintiffs must represent themselves since the Indian Civil Rights Act does not ensure the right to legal counsel if individuals cannot afford an attorney. Tribal courts, interestingly, still tend to use family and community forums to handle interpersonal matters. This allows for alternative resolutions, sentencing, and victim-offender mediation. 

Indigenous courts intend to restore harmony and balance to one’s spirit, following the belief that people who are whole do not act harmfully. Judge Joseph Flies-Away from the Hualapai Nation says, “People do the worst things when they have no ties to people” and that “Tribal court systems are a tool to make people connected again.” 

 

Incorporation of Values In Peacekeeping Systems 

Indigenous peacekeeping systems promote the resolution of underlying problems and make an effort to keep relationships strong. Indigenous justice represents a holistic approach where communication is fluid rather than rehearsed. They recognize that argument is not an effective approach and that discussion is vital to review a problem in its entirety. Indigenous justice is inclusive of all affected individuals, different from the American justice system, which often excludes participants. 

The talking circle is common in Indigenous justice methods with no beginning and no individual in a dominant position. The colors red, black, white, and yellow can symbolize diversity in the human race, among other interpretations varying by tribe and tradition. A token, commonly a feather, is passed around the circle, encouraging all participants to have equal chances to speak freely and honestly.
An image of the Mi’kmaw culture symbolizes the talking circle with no beginning and no individual in a dominant position. The colors red, black, white, and yellow can symbolize diversity in the human race, among other interpretations varying by tribe and tradition. A token, commonly a feather, is passed around the circle, encouraging all participants to have equal chances to speak freely and honestly.
Source: Yahoo Images via Mi’kmaw Spirit

 

The Navajo Nation’s peacemaking process centers on the individual and helps an offender realize that what they have done is incorrect. Instead of labeling and punishing individuals as criminals to prevent them from repeating the behavior, the Navajo way separates the action from the individual. Retired Chief Justice Robert Yazzie of the Navajo Nation Supreme Court states that the process is related to k’e, meaning to restore one’s dignity and worthiness.  

What I find particularly remarkable about these concepts of justice is that, instead of adopting an immediate punitive approach aimed at simply removing the offender, the system focuses on correction and rehabilitation. Offenders are obligated to verbalize their accountability and take responsibility for changing their behavior. Instead of releasing the offender after their time is served, the system supports reparations to the victim(s) and community involving apology and forgiveness. These Indigenous restorative justice approaches are distinct from America’s legal process, which focuses on labeling and punishing the offender. Furthermore, traditional types of justice are able to promote communal healing and support in reintegration rather than hiring professionals to dispute a case with little interest in the community. 

 

An image of rocks stacked progressively higher symbolizes restorative justice practices of rebuilding an offender’s ties with society as they take accountability for the harm they have done.
Source: Yahoo Images via Policy Options

 

Indigenous leaders continue struggling to ensure that their justice systems are meaningful to their people. We rarely consider Indigenous justice systems, but maybe we ought to start. Please stay tuned for my next blog in this series, expanding on current struggles imposed on the Indigenous justice system and its people. 

Rethinking Museum Exhibitions in America

by Caitlin Cerillo

As an avid lover of visiting museums, it is important to hold them accountable when their exhibitions can have damaging implications. History and science museums can be among the most fascinating places to visit, as the world has such a rich scientific history. However, there is a fine line between preserving a specific piece of history and exploiting groups of people in the name of science. In recent years, several museums have come under fire for capitalizing on the exploitation of ethnic groups and glorifying the world’s hurtful history of colonialism, imperialism, and the oppression of marginalized peoples.

In recent years, attention has been paid to the sources of acquisition that many popular museums in the United States use. One of the most recent is the American Museum of Natural History, located in Manhattan, New York, and its exhibitions contain the remains of indigenous people.

What is Colonialism?

Colonialism is a practice in which domination over a specific area is carried out by another foreign state. Colonialism has been and is used as a way to consolidate political or economic gain and always leads to the complete subjugation, or conquest, of the people in the colonized area. The foundation of America was built on colonialism, dating back to before the nation was even established. While there are records of British colonies existing prior to the 1600s, the 17th century marked the beginning of the first permanent colonies. 

 

An illustration of what colonialism in the New World may have looked like. Depicts a docked ship on land with settlers.
An illustration of colonialism in the New World. Source: Yahoo Images

 

The Jamestown Colony was created in Virginia in 1607. Long before the establishment of any colonies in the New World, or present-day America, Native Americans were the first to live on American soil. The region in which the Jamestown colony arrived was the same region as the Powhatan people, an Indian tribe. On many occasions, there would be violent encounters between the tribe and colonists. When establishing colonies in the New World, colonists would bring diseases like tuberculosis and smallpox. While they had immunity to these microbes, they would be fatal for the local Native American population.

As the 17th century progressed, the relationship between colonists and Native Americans would significantly weaken. For instance, King Philip’s War occurred in 1675 after the execution of three members of the Wampanoag people by the government of the Plymouth Colony in Massachusetts. This war is known as one of the deadliest conflicts in American history, with the amount of casualties reaching extreme heights throughout the 14-month period of the war.

Even after America was established as a country, harmful practices against Indigenous Americans continued to be considered legal. Hundreds of thousands of Indians—particularly Indian youth—were forced to assimilate. Cultural assimilation is extremely damaging for multiple reasons. It normalizes public stigmatization of the affected groups and erases their cultural identity.

The American Museum of Natural History

 

Photo of the front of the American Museum of Natural History building.
The American Museum of Natural History, which has been criticized for its use of the remains of indigenous and enslaved people in exhibitions. Source: Yahoo Images

 

Upon facing public scrutiny, New York’s American Museum of Natural History has created a policy calling for the removal of all exhibits containing human bones. The museum has promised the use of anthropologists to carry out comprehensive analytical processes to determine these remains’ origins and source of acquisition.

Not only has the American Museum of Natural History come under fire for exhibiting the remains of thousands of Native Americans, but also for acquiring the bones of five Black adults who were buried in a cemetery for enslaved people. This brings an important conversation of eugenics, where bodies were exploited and used as “scientific property” against their will. The presence of eugenics and other scientific thoughts entrenched in racism and white supremacy have allowed for other forms of oppression against marginalized groups—specifically Black Americans—like medical racism and healthcare bias. These connections make the museum’s acquisition of these remains even more problematic.

The Smithsonian

 

Photo of some of the Benin sculptures acquired by the Smithsonian's National Museum of Natural History.
Some of the Benin sculptures that originated from the Kingdom of Benin in current-day Nigeria and have been acquired by the Smithsonian. Source: Yahoo Images

 

Another museum that has come under fire for its exhibitions is the Smithsonian’s National Museum of Natural History in D.C. While this exhibition does not involve human remains, the exploitation of a group of marginalized people under colonialism remains present. The museum held 29 bronze sculptures that originally belonged to the Kingdom of Benin. The Kingdom of Benin was established during the pre-colonial period of what is now southern Nigeria. The sculptures were seized by British military and colonial forces during a raid in 1897. This raid also resulted in the burning of the city and the deaths of the people who inhabited it

Real estate developers Paul and Ruth Tishman collected the Benin sculptures and sold them to the Walt Disney Company in 1984. In 2007, they were donated to the Smithsonian. Without thinking about the implications the sources of acquisition of their exhibition pieces have, the Smithsonian turned a blind eye to their hurtful histories. Fortunately, the Smithsonian recognized this problem and removed the sculptures from public display in late 2021. Museum director Ngaire Blankenberg also enlisted the help of curators to find the places of origin for all pieces that had potential ties to the Kingdom of Benin raid.

Harvard’s Peabody Museum and Warren Anatomical Museum

The Peabody Museum of Archaeology and Ethnology and the Warren Anatomical Museum, both owned by Harvard University, recently repatriated the remains of over 300 Indigenous people back to the Wampanoag communities. The university completed the repatriation process in January of this year. Harvard has since aimed to create efforts to better understand and rethink the implications of sources of acquisition. For instance, the Peabody Museum created a virtual exhibit titled “Listening to Wampanoag Voices: Beyond 1620.” The exhibit includes oral histories given by various members of the Wampanoag community.

 

Photo of the seven people in the Wampanoag exhibit created by Harvard's Peabody Museum.
These are some of the faces of the Peabody Museum’s “Listening to Wampanoag Voices: Beyond 1620.” The exhibit includes oral histories from Jonathan James-Perry, Elizabeth James-Perry, Phillip Wynne, Zoë Harris, Linda Jeffers, and Alyssa Harris. Source: Yahoo Images

Why are Sources of Acquisition Important?

The term ‘acquisition‘ refers to an object purchased or given to an institution, such as a museum or library. ‘Sources of acquisition’ deals with the background of these objects, like their historical context and location of origin. If not taken into careful consideration, ignoring sources of acquisition can be harmful to the affected communities. It normalizes the idea that the oppression of people is something that can be glossed over in the name of science or a glorified museum exhibit. In the case of many museums collecting the remains of marginalized communities, it pushes the notion that the subjugation and exploitation of people are acceptable. As reflected earlier in this post, America was built on the institution of white supremacy and colonialism, which makes the sources of acquisition of exhibition pieces even more important to note

So, what can be done to right the wrongs of these museums? Taking the initiative to go through the repatriation process should always be considered. While this process entails a number of legal procedures that may not be completed within a specific timeframe, it is always worth the exhibition pieces being returned to the rightful institutions and people. The Native American Graves Protection and Repatriation Act (NAGRPA) was instated in 1990 and is a US federal law that facilitates the repatriation process. As of 2022, there have been many changes made to the NAGPRA. These changes include defining how objects are defined to better accommodate the cultural traditions and customs of the rightful descendants.

Similarly, hiring curators and anthropologists to analyze the origins of exhibitions can be helpful. Next, understanding shortcomings within the pieces a museum inherits through efforts like opening conversations about America’s history of colonialism, racism, and oppression of marginalized people. Giving a voice to those who have been affected by these harmful practices, like the Peabody Museum’s Wampanoag exhibit, is another way of allowing them to reclaim the hurt that has been done.

Where is the Equity? How States Have Disproportionately Underfunded Historically Black Colleges and Universities.

by Jayla Carr

A group of logos of Historically Black College & University teams. Source: Yahoo Image

 

According to the United States Department of Education and Agriculture, sixteen states have underfunded their state’s land-grant, Historically Black Colleges and Universities (HBCUs), by more than $13 billion over the last thirty years. A land grant college or university is an institution designated by the state legislature to receive benefits under the  Morrill Acts of 1890 and 1994. The act’s passing was to ensure that higher education would be accessible to all and not only wealthy individuals, being that before 1892, many of the United States institutes for Higher Education were privately funded and selective of who they allowed. It gave states the power to sell federal land to establish Public Institutions.

If HBCUs do not receive equitable funding, it can perpetuate inequities in educational outcomes and opportunities for underrepresented minority students. Understanding the history of HBCUs is essential to appreciate the significance of addressing underfunding. Many of these institutions were founded to address historical injustices, and chronic underfunding perpetuates these disparities, reinforcing the notion that Black students deserve fewer resources and opportunities than their white counterparts.

Two black students looking at a device in a classroom
Two students are looking at a device in a classroom. Source: Yahoo Images

The History of HBCUs

Historically Black Colleges and Universities (HBCUs) have a rich history of providing education to Black men and women in the United States. They emerged in the early 19th century, with institutions like Cheyney University of Pennsylvania in 1836 and Lincoln University in 1854 initially focusing on teacher training.  Over time, these institutions broadened their curricula and became vital education centers for Black individuals, offering various academic programs.

During the Jim Crow era, which lasted from the late 19th century into the mid-20th century, racial segregation laws enforced strict separation of Black and White individuals in public facilities, including schools. Predominantly white institutions were often closed to Black students, and even if they were nominally open, they were often unwelcoming and discriminatory. HBCUs filled this void by providing Black students access to higher education when other options were limited or nonexistent. These institutions offered a safe and nurturing environment where Black individuals could pursue education and intellectual growth. However, these institutions have faced persistent challenges, including funding disparities that hinder their mission of providing equitable education. State funding policies that allocate resources to public higher education institutions are at the heart of these disparities.

A group of people wearing graduation gowns and caps standing in front of a building.
A group of people wearing graduation gowns and caps stands in front of a building. Source: Yahoo Images

Addressing the Disparities

In the letters sent to the governors of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Oklahoma, South Carolina, North Carolina, Texas, Tennessee, Virginia, and West Virginia. The Department of Education highlights the importance of HBCUs. The underinvestment of these institutions should be addressed, given that these institutions generate close to $15 billion and have considerable impacts on the predominantly black communities they serve.

The letter addressed to Governor Kay Ivey of Alabama, the Department of Education highlights the stark contrast between Alabama A&M University, the state’s first land-grant institution for African Americans, and Auburn University, the state’s first original land-grant institution, noting the differences in infrastructure and researching which Miguel Cardona, U.S Secretary of Education talks on saying that “Unacceptable funding inequities have forced many of our nation’s distinguished Historically Black Colleges and Universities to operate with inadequate resources and delay critical investments in everything from campus infrastructure to research and development to student support services.”

Since the COVID-19 pandemic, HBCUs have seen a massive enrollment increase despite a national decrease in college enrollments. During an interview with PBS News Hour, the President of Spelman College, an HBCU all-women’s college, Dr. Helene Gayle, attributed the increase in enrollment to an entire generation of young African Americans who have witnessed historic events. The inauguration of the first Black President of the United States, and the rise of movements such as Black Lives Matter and numerous instances of social injustice have motivated and encouraged young people to seek higher education in environments where they are surrounded by their community.

The increase in enrollment has caused some issues for many HBCUS, one being the need for more housing spaces to accommodate the influx of students. Tennessee State University has the most known case, with the university having to rent out five hotels for the 2022-2023 academic year. This has caused the Tennessee State Comptroller to come in and audit the University and their financial practices. Their report found that TSU had a “lack of planning, management, and sound decision-making.” TSU’s financial decisions play a part in the case. Still, one cannot deny that Tennessee underfunding Tennessee State University $2,147,784,704, the most of any other state, plays a role in their shortcomings. The University of Tennessee, the state’s original land grant-funded institution, has sixteen housing halls in Comparison to Tennessee State’s eight housing halls, including one that just opened in August of 2022.

A white building with a star and a blue graduation cap
A white building with a star and a blue graduation cap. Source: U.S Department of Education

Why HBCUs Matter

HBCUs have a rich history of contributing to research and innovation, often focusing on underrepresented areas in mainstream academia. Unfortunately, underfunding hampers their ability to invest in research projects, labs, and faculty development, affecting their capacity to compete for research grants and produce groundbreaking work. This lack of funding also hurts equity by limiting the contributions of Black professionals and academics in research, innovation, and industries like STEM.

Adequate funding is crucial for maintaining high educational standards, hiring qualified faculty, and offering up-to-date resources and facilities. When HBCUs receive less funding, it can lead to overcrowded classrooms, outdated technology, and limited course offerings. The disparity in educational quality can perpetuate inequities, particularly in the context of historically Black colleges and universities.

HBCUs have historically served as a pathway to higher education for Black students who were often excluded from predominantly white institutions due to racial segregation and discrimination. Inadequate funding can restrict their capacity to enroll and support students, limiting access to quality education. This impacts equity, making it harder for Black students, particularly those from low-income backgrounds, to pursue higher education and achieve social mobility.

Underfunded HBCUs may receive a different education and preparation for future opportunities than students at well-funded institutions. Therefore, providing adequate funding to HBCUs is essential for promoting equity and ensuring Black students have access to quality education and opportunities.

A group of people celebrating in front of a building
A group of people celebrating in front of a building. Source: Yahoo Image

Support HBCUs

Growing up, I was fortunate enough to be surrounded by the pride and tradition of HBCUs. Being a native of Birmingham, Alabama, I have had the pleasure of experiencing the biggest HBCU football game, The Magic City Classic, every year. The way the community comes together to support their teams, regardless of the weather, is truly a unique and unforgettable experience.

Funding HBCUs appropriately not only demonstrates a commitment to inclusivity and solidarity with marginalized communities. These institutions are essential to a more just and prosperous future for all, as they continue to play a vital role in American education and culture. By recognizing the pivotal role of state funding policies, we can work towards a more equitable future where HBCUs receive the resources they need to provide quality education and continue their legacy of empowerment and opportunity. Public policy decisions at the state and federal levels directly impact HBCUs funding, support, and overall well-being. Advocacy, engagement with policymakers, and developing equitable policies are essential to addressing funding disparities and promoting equity in higher education for HBCUs.

 

Here is the list of every federal government-recognized HBCU in the United States. If there is one close to you, I encourage you to support one in any way you can, whether going to a sporting event or donating.

The Separation Between Human and Nature

A Philosophical Take on the Detrimental Climate Effects of European Colonization in North America

A Native American elder wearing a traditional headdress made of beads and feathers.
Much Indigenous cultural and epistemological wisdom is passed down by their Elders. Source: Yahoo! Images

I would like to begin by recognizing that the land I sit on while I write was stolen in cold blood by European colonizers. On a once flourishing forest valley now sits tons upon tons of concrete. On land once occupied and cared for by Creek and Choctaw peoples now sits freshly mowed yellow lawns painted blue, overflowing drainage pipes, and office buildings filled with tired, underpaid workers. It is with a heavy heart that I mourn the loss of Indigenous people and their cultures at the hands of greedy White supremacist colonizers. With this article, I do not wish to convey that climate effects are the only or the most detrimental result of European colonization and their genocide of Native peoples. Life, culture, language, and knowledge, to name a few, are some of the more immense losses. The purpose of this article is not to reduce this catastrophic event to solely how it affects the climate today but to bring attention and reverence to Indigenous philosophies, traditions, and ways of life that can inform our modern discussions of climate change. 

As a precursor to this article’s more philosophical take, you may want to read about the historical contexts of colonization. In this case, please check out this article recently posted by my colleague here at the IHR, Kala Bhattar. 

Concrete Jungles

How do you provide for yourself and your family? 

Your answer probably involves producing a product or carrying out a service that society deems valuable enough to attribute money to you for it. You then use that money to buy food, water, and shelter from those in your community who produce or own it. Money probably plays a huge role in your everyday life, and if you’re anything like me, it’s probably one of the larger stressors on your mental health. How much of our lives do we have to sacrifice doing hard labor or sitting behind computer screens in order to make enough money to stay alive to do that work all over again? When was the last time you ate food that you or your loved ones didn’t spend money on? When was the last time you wandered into a forest to breathe unpolluted air and observe the plants and bugs that call your land home? Why does modern culture demand of us that we focus all of our energy on acquiring wealth and ignore our own mental health to do so?

A bright orange monarch butterfly sitting flat with wings open on a yellow flower.
The monarch butterfly has recently become endangered because of deforestation and climate change affecting their migration patterns. Source: Wellfield Botanical Gardens

Modern Western society does not live “at one” or in harmony with the Earth. We no longer heavily rely on nature and the climate, but increasingly rely on money and the economy. It’s as if this planet is solely a stomping ground for a “holier than thou” species to level out and cover in concrete. The Earth has been screaming back at us for years. We’ve seen endangerment of species such as the monarch butterfly, rising sea levels, and one of the worst wildfire seasons to ever be recorded. This is consistent with deforestation, the degradation of the ozone layer, and rising global temperatures. These are all aspects of the climate that human activity has affected. In North America, the notion that humans are separate from the ecosystem, that distancing oneself from nature is “more civilized,” and that relying on the flora and fauna of one’s homeland is “primitive” or “dirty” roots all the way back to 1492. 

Symbiotic Humanity

Before European pilgrims traveled over to the North American continent, the land was inhabited by vastly diverse Indigenous tribes and nations. Some of these tribes were nomadic and lived by moving around the landscape, hunting and gathering an array of foods as they traveled. Others were mostly stationary, growing crops and raising farm animals to provide for themselves and their communities. There were many groups with many different worldviews, religions, and philosophies. The one thing that united them all was their profound reverence for the forces of nature. They saw themselves as a part of the ecosystem of the land they lived on. It was an honor to raise crops and livestock and to participate in their homeland’s well-being. They promoted biodiversity, expressed empathy and gratitude towards the animals they ate, and valued cooperation in and between their communities. They practiced herbal medicine, tending to their sick and injured with natural remedies that they had identified to have healing properties. They even had their own forms of religion/spirituality centered around connecting one’s spirit to the Earth, feeling what Mother Nature needs, and providing that for her in exchange for her providing for them. The human population on the North American continent was thriving and developing. There was peace within and between nations for the most part. All of their needs were taken care of so they could focus on negotiations rather than violence. 

A drawing of three pilgrims meeting three Native Americans in front of the Mayflower.
Squanto (right of center) was a member of the Samoset tribe, known for being friendly to the European colonizers, teaching them language, agriculture, and traditions. Source: Yahoo! Images

Property and Greed

When the Europeans arrived, the Americans taught them how to live on their continent. They taught them how to grow crops in their soil, hunt for their own food, and use every part of the animal including the hide, bones, and meat. They were more than willing to allow these settlers to join them in their symbiotic relationship with nature. To them, more people meant a more diverse and stronger community to help each other out. 

One can imagine their surprise when the Europeans introduced them to greed. They introduced them to the ideas of personal property, wealth hoarding, and social status based on material goods. They saw all of this land as unclaimed and up for grabs since the Americans had no formal ownership system. They started violently enforcing this ‘property view’ of land onto the Americans. They would claim plots of land as their own and hoard all of the resources that could be obtained from it. They also were not fond of the Americans’ religion. They started threatening them with eternal damnation if they didn’t convert to Catholicism. They called them “primitive” for their symbiotic relationship with nature, and “savages” for their denial of Christianity. 

Centuries later, after colonizing the East Coast, the English-speaking Europeans separated from the British monarchy and believed it was their god-given manifest destiny to own the land all the way to the West Coast. So they loaded up their swords and crossed the Appalachian mountains, slaughtering and relocating the Native people along the way. Although many Native tribes had helped Great Britain during the Revolutionary War, Great Britain was nowhere to be found when the colonizers perpetuated their genocide.

A huge wildfire burns in front of a dark sky and behind a row of trees in Quebec.
This wildfire season has been the worst Quebec has ever seen. Indigenous people, while only 5% of Canada’s population, make up 42% of wildfire evacuees. Source: Global News. Click here to read more about the personal effects that these wildfires have caused Indigenous families and communities.

A Culture of Climate Apathy

Today, we live in a world where we mow our lawns once a month and call it environmental care. We plant uniform gardens outside our homes solely for aesthetics without caring that the ‘weeds’ we pull up are the only sources of food for certain butterfly and bumblebee species. We stomp spiders into our carpets for daring to wander onto our property. We spray poison on our foods so that humans are the only ones that can eat them, and we pack hundreds of cows into small barns with no ventilation to steal their children’s food for ourselves before slaughtering them when they stop producing. We can’t survive without constant air conditioning (partly because global temperatures have been consistently warming for over 50 years) and the air we share has record-high levels of carbon in it. 

We have taken ownership of the Earth and drained it of its resources. The Earth was never meant to be claimed for oneself; it was never meant to be commodified. It was never meant to be drained of oil to fill the pockets of wealthy CEOs. The Earth was meant to be shared by all its living beings. Similarly, humans were never meant to be in solitude. We were meant to live symbiotically with each other and with nature. Greed has divided us as one humanity; it murdered the Native American tribes and robbed the Earth of its biggest supporters. And I am afraid that Mother Nature might never accept our apology. 

 

Native American Lands and Their Children: A History

An image of two Native American children in their cultural garbs.
Image 1 – Source: Yahoo Images

I would like to start this piece off with a land acknowledgment, where I acknowledge the truth of who the lands of America truly belong to. The land in which I sit to write this article, as well as the ones occupied by those who reside in America once belonged to the many diverse communities that existed long before America got its name. Once prosperous, thriving lands belonging to these various indigenous communities, (to the Creeks and Choctaw, in my case), the lands of America were respected and honored by the relationship that these various tribal communities held sacred between themselves and their environment. It is in honor of their stewardship and resilience that I hope to shed light on some of the more gruesome, nefarious betrayals they have experienced at the hands of colonizers from the time their tribal ancestors witnessed the colonizers’ arrival to their lands in 1492.

Before the European colonizers arrived on this land, there existed a diverse group of tribal communities, over a thousand different ones just in the mainland we call America today. Now, these tribes have been reduced to no more than 574 federally recognized ones, with dwindling tribal membership numbers, a fact that can only be blamed on the federally sanctioned behaviors of the colonists. So much has been stolen from the diverse groups of indigenous people since the colonization of the North American lands first began. The original indigenous peoples had offered the newly-arriving colonists hospitality and taught them how to cultivate the lands of America and brave the New Frontiers. Yet, what they received in gratitude was bloodshed, tears, death, and betrayals. So many treaties and promises were broken. According to Howard Zinn, the famous author of the book, “A People’s History of the United States,” the various indigenous communities that existed in the Americas by the time the famous explorers landed in the Americas were anywhere between 25-75 million individuals. They had moved into these fertile lands 25,000 years ago, long before the explorers “founded” the Americas. For those interested in learning a truthful history of America, please check out his book. The book begins in 1492 and continues to examine historical events until contemporary times and phenomena such as the “War on Terrorism”.

There is so much information to be covered on this topic, and the more I researched, the more I found. I want to do this topic justice, and I cannot do so until the historical context has been put in place. Hence, this will be a two-part deep dive into the Native American lands, their cultural lifestyles, their relationship with the environment, and what this means for their existence in a capitalist, contemporary society. Part one will focus on the history of Native American lands, the process of treaties and loss, and the cruel, scheming ways of the federal government that attempted to indirectly, yet forcibly, steal lands away from Native Americans by targeting the youngest members of their tribes. Part two will focus on the Indian Child Welfare Act, the fight (and entities involved) in support and against it, how the environment plays a role, and the vast consequences of the recent Supreme Court ruling on the matter, both in terms of the welfare of these indigenous children, as well as the issue of tribal sovereignty. There is a lot to unpack here, so without further ado, let’s begin with a deeper understanding of the relationship that indigenous communities share with their lands.

It’s All About the Land; It Always Has Been

An image depicting all the various different indigenous tribes that existed in America before the European Settlers landed
Image 2 – Source: Yahoo Images; An image depicting the various indigenous tribes that were present in America before the European Settlers landed.

The European settlers had a problem with the Native Americans from the moment they landed in America. For one, they thought the indigenous way of life to be “savagery” and believed that the Native Americans needed to be “civilized”, something they believed only Europeans could teach them about. They found the gods and spirituality of the various indigenous cultures to be blasphemous and nonsensical, and many Europeans attempted to convert the Natives to Christianity, a more “proper” religious belief. Most of all, though, the Europeans and the indigenous communities had vastly different concepts of property and land ownership. To the settlers, who came from the feudal systems of Europe, land was a commodity, purchased and sold by individuals, and prosperity (and social status) was determined by who owned the most properties, and the most prosperous lands. They became lords and could employ the less fortunate to work under them, paying them a fraction of their profits, while keeping the rest for themselves. This was how things worked in Europe back home, and this is the system they brought with them when settling in the New World.

Native Americans, however, had a different lifestyle and concept of ownership. To them, the thought of owning a piece of land was bizarre, as they viewed the land to belong to the various energies and life forms that existed in the said land. The tribal lands of an indigenous community not only fed and nurtured the tribal members but also protected the tribe’s history and held the ancestral burials of their people. The indigenous communities had a spiritual and emotional connection with their tribal lands, one that cannot be sold to another, similar to how you cannot sell to someone else the relationship you hold with your family. Many (if not most), Native tribes even practiced animism, a belief system that accepts all living and non-living things (and natural phenomena) as being capable of having a life force (or soul). For Native Americans, land ownership was a foreign concept, and everyone that existed in their community held rights to the land their tribes lived on. In fact, when European settlers began purchasing lands from the Native Americans, the indigenous people believed they were only “leasing” the lands to the settlers, not giving up their rights to them. For the indigenous communities, the land was just as much a right of every human as sunlight, water, or air.

The Native Americans’ relationship with their lands was also threatening to the European lifestyle of land ownership and individualism. This struggle, between an individualistic view of community, versus the collective view of community, is, as they say, a “tale as old as time.” For Europeans, who believed individual merit and hard work to be the true characteristics of a successful individual, their success could only be displayed by the vastness of their empires, figuratively and physically. Hence, land ownership was a symbol of status and in a way, a testament of a person’s character. For Native Americans who focused on collective success rather than individually standing out, the strength of their tribe was a result of the part each individual tribal member played to ensure their success. This meant that everyone had a role, and if they played them right, everyone in the tribe benefited from the success. This was how tribes survived even as they warred against each other.

Treaties and Deals

An image depicting colonial men engaging in treaty making with a Native American tribe
Image 3 – Source: Yahoo Images; Many treaties such as this were brokered between various Indigenous tribes and colonists, yet they were seldom upheld and often violated or broken.

Due to these differences between the indigenous communities and the European settlers, many struggles broke out between the two groups between 1492 and 1700. In an attempt to keep the peace between the settlers and the indigenous communities, the British Crown established the Proclamation of 1763, which awarded the colonists all the lands East of the Appalachian Mountains, and everything West was promised to the various different Native American populations that lived in those regions. This did not make the colonists happy, as they believed the King was preventing them from expanding their population, and it was one of the points they listed in the Declaration of Independence as a wrong that was done by the King. Many scholars claim that the Proclamation of 1793 led colonists to pursue a revolution against the crown. The diverse indigenous populations attempted to stay out of the Revolutionary War, as they believed it to be a family feud between the British King, and his colonial subjects. Yet, when they did take part in the War, their participation was diverse. Some joined the rebelling Americans, while others joined the forces of the monarchy. Still, others chose to remain neutral, not wanting to support either side of the struggle. Upon the loss of the Revolutionary War, as part of the treaty signed between Britain and the newly established United States, Britain had to give up all the lands they lay claim to in America, including many of the lands that were promised to the Native American tribes living West of the Appalachian Mountains. This happened without consent or discussion with the Native Americans who took residence in those parts. When the colonists came to take over much of the lands that were promised to the Native Americans through the Proclamation of 1763, they justified their brutality against the Native Americans by blaming them for supporting the British in the Revolutionary War, and when the Native Americans tried to fight back for their lands, the British were nowhere to be seen. This was yet another episode of betrayal experienced by the indigenous populations at the hands of the settlers and the British Crown. Yet, this was just the beginning; the atrocities and betrayals were far from over.

Following the Revolutionary War and the as a result of the resilience shown by the many indigenous communities protecting their lands, the United States decided to engage in creating treaties between the various indigenous tribes in an attempt to set boundaries to their lands, and “compensate” them for the lands taken from them. I have “compensate” in quotations because first of all, no amount of money or goods can compensate for lost lives, which is what many tribes experienced. Some tribes became extinct as a result. Second, these treaties were signed by members who did not have signatory authority to give permission to the lands on the side of many indigenous nations, and Congress seldom ratified the treaties that were signed on the part of the United States. This meant that this was more of a theatrical expression than anything else, and the United States continued to steal the lands of indigenous people. Thirdly, as discussed above, many indigenous people who did engage in treaty-making assumed they were simply “leasing” their lands to be used by the colonists, not selling their rights to it outright. So, there was miscommunication and misunderstandings as to what the treaties actually established. Finally, the United States Congress and Supreme Court established that the indigenous tribes were not capable of engaging in treaty-making, and as such, ended the whole process altogether in 1871, claiming that Congress had full control over “Native American Affairs.”

An image depicting the infamous Trail of Tears, where thousands of indigenous people were forcefully driven out of their ancestral homes and marched into Oklahoma.
Image 4 – Source: Yahoo Images; An image depicting the infamous Trail of Tears, where thousands of indigenous people were forcefully driven out of their ancestral homes and marched into Oklahoma.

In an attempt to fasten the process of transferring lands from Native American tribes to the hands of the government, the United States passed the Dawes Act of 1887. Many of the treaties that were made between the US and the various nations included provisions in which tribes were expected to distribute their lands among their members so that lands were held by individuals rather than the tribal entities as a whole. For reasons explained earlier, the settlers were threatened by the communal lifestyles of the Native American tribes and believed that having individual members have rights over smaller portions of lands would make it easier for them to accept the European lifestyles and give up their “backward” ways. The Dawes Act forced these indigenous members to choose a parcel of land for themselves and their families (the size of the parcel of land was determined by the government), and any excess amount of land after this process would be sold to the government to be used by non-native residents and corporations alike. Millions of acres of land were stolen from various indigenous tribes as a result. This essentially acted as a way to separate the individual Native American member from their larger tribe and weaken their sense of community and tribal sovereignty as a whole.

Since the end of the Revolutionary War, the United States government has made about 374 treaties with various indigenous nations across the country. The United States has either violated or fully broken nearly all of these treaties they created as a promise of peacekeeping. Many of these treaties that the United States obtained in the first place were either coerced or done so by forcible means such as threatening starvation on the communities that refused to sign the treaties. Of the various treaties that were violated and broken, one that comes to mind clearly for anyone even slightly familiar with American History is the actions of then president Andrew Jackson and his Indian Removal Act of 1830. Although he negotiated treaties with various tribes in the Southeast in an attempt to get them to move West of the Mississippi River voluntarily, when he became president of the United States, he passed the Indian Removal Act of 1830, forcibly removing almost 50,000 people from their homes. This forcible removal today would be recognized as a forceable deportation of a population, specifically as a crime against humanity. Under the United Nations Rome Statute of the International Criminal Court, this is one of the most heinous systematic crimes that has been committed throughout history. Jackson did this in an attempt to clear lands to cultivate cotton, which would lead to another atrocious event, the revamping of plantation slavery in the South.

History of the Forced Assimilation of Native American Children

An image of indigenous children dressed in military garb posing with an adult at one of the boarding schools set up across the country in efforts to assimilate the children.
Image 5 – Source: Yahoo Images; An image of indigenous children dressed in military garb posing with an adult at one of the boarding schools set up across the country in efforts to assimilate the children.

Another tactic used by the government to acquire lands from the indigenous populations was through further treacherous means. Native American children were forcefully assimilated into American culture in an attempt to beat/torture their culture out of them. The existence of the Federal Indian Boarding School System was proof of this very thing. Recently, an internal investigation was conducted of the United States government’s treatment of Indigenous children following the incident in Canada, where they found over 215 unmarked graves at a school in 2021. This report, led by Deb Halland, the Secretary of Interior, highlighted many nefarious ways in which tribal lands were stolen from different indigenous nations and the atrocities that were forced upon the children from these nations.

To explore some of the details outlined in this report, (specifically from pages 20-40), the plans of forcible assimilation have been put in place since the days of George Washington. This plan to forcefully erase indigenous culture and assimilate the children into Western culture was seen as the “cheapest and safest way” to steal the tribal lands, ensure a less violent relationship between the colonists and the Native Americans, and transform the tribal economy so they would be prepared to live off of lesser and lesser parcels of land. They found a way to weaponize education in order to accomplish this task.

Elaborating on George Washington’s proposal, Thomas Jefferson, the third president of the United States, put forth a 2-step solution to acquire more lands for the colonists. First, he argued that Native Americans could be forcefully assimilated into European culture, where they could be discouraged to live out a nomadic lifestyle (which requires the use of vast areas of land) and to adopt an agricultural lifestyle similar to the colonists (which can be done with a few acres of land that are cultivated). Second, he proposed that the United States place indigenous populations in debt by encouraging their use of credits to purchase their goods. This, he presumed, would make them default on their debts, and when they were unable to pay back their loans, they would be forced to give up their lands as a result. This land acquired by the government would be sold to non-native settlers, and the profits from these land sales would be put back into the education programs for forceful assimilation of native children.

Sanctioned by the United States government, indigenous children were kidnapped from their homes, whether they wanted to go to boarding school or not (with or without parental permission), and placed in these schools that were located far away from their tribal lands. The plan was to erase the relationship these children had with their cultures, communities, and lands, and instead instill individualism in the children who they were attempting to assimilate in the hopes that they could break up the communal lands into individual parcels, making it easier to be ceased by the government and private entities alike. They called it the “Indian Problem”, which was the different lifestyle and relationship tribal members held with their land and their community. Thomas Jefferson’s two-part proposal was seen as a “key solution” to this “Indian problem.” If the Native American children were forced to become dependent on agricultural lifestyles, they assumed, they could be “civilized.” The government believed that if you separate the children from their families and their tribal connections at a very young age, what they were introduced to would be all they knew, and they would become strangers to the indigenous lifestyles. In turn, the government assumed, the children would not want to go back home and live on the reservations, but instead, would be much more likely to assimilate and live amongst the colonists.

As a result, indigenous families were broken apart, and indigenous children were placed with white families as part of the “outing system.” This meant that the children were forbidden to speak in their native languages and were required to speak English to communicate their needs. What’s worse, they were placed with children from other tribes, meaning that their common language of communication was English, and any children they would have would grow up learning English as their first language instead of the tribal languages of their ancestors.

To support the government in this endeavor, many churches were given legal power over reservations by the government. The military was called in to reinforce the orders of these religious institutions. Many times, the government paid these institutions if they operated a boarding school, paying them a sum for each child. The churches went along with it because they believed that the indigenous way of “paganism” kept them from becoming “civilized” and to fully do so, the indigenous children needed to accept Christianity. The government worked with churches from many denominations by funding them to build the Federal Indian Boarding School System.

Treatment of Indigenous children in these boarding school systems

An Image depicting three children before and after the assimilation process at the boarding school. On the left, the three children sit with their cultural garments, proud of their cultural identity. One the right, the same three children have had hair cuts, and been groomed (both physically and psychologically) to appear more Western.
Image 6 – Source: Yahoo Images; An Image depicting three children before and after the assimilation process at the boarding school. On the left, the three children sit in their cultural garments, proud of their cultural identity. On the right, the same three children have had hair cuts, and been groomed (both physically and psychologically) to appear more Western.

 The Federal Indian Boarding School System was problematic in so many ways. Not only did it forcefully assimilate indigenous children, but the system also took a militaristic approach to education, abusing and mistreating these children in the process. The living conditions at these Boarding schools were terrible. There was no access to basic health care needs, and diseases ran rampant across the schools. The children were malnourished, as they were provided with food and water of poor quality. There was an overcrowding issue, with many facilities forcing multiple children to share one bed as a result. There were not enough toilets to serve the number of children at each facility, and the toilets were not properly maintained.

The infrastructure in these facilities was so poor because they were not built specifically to house these children as facilities for education. Rather, these children were placed in abandoned government buildings or military forts to carry out their education. There was also the issue of child labor, where the children were expected to provide all the services required to run the facilities. This included looking after the livestock, chopping wood, making bricks, sewing garments to clothe the other children, working on the railway, cooking, and cleaning for the others in the facility, and so much more.

The children were expected to take care of themselves and the other children at the facilities. They were also tasked with work from various fields like carpentry, plumbing, blacksmithing, fertilizing, helping with the irrigation system, helping make furniture for use in the facilities (such as tables, chairs, and beds), and anything else that involved physical labor. These jobs the children were trained in would forever keep them at a lower socioeconomic level than their White counterparts. Here too they tried to instill the patriarchal norms of Western society, making sure to teach and employ young girls to work as assistants and cooks, while the young boys were expected to be farmers and industrial workers.

The Indigenous children were forcefully assimilated into American culture. They were told to stop practicing their faiths and were stopped from performing any spiritual and/or religious rituals. The children were expected to go by the English names they were given at the boarding school instead of their Native names given to them at birth. They were forced to cut their hair (which was sacred to many indigenous people as it represented their cultural identity), and were forbidden to wear their cultural clothes and instead were put in military garb.

Those who resisted the assimilation or tried to run away were caught and severely abused and punished. They were put in solitary, whipped, slapped, starved, and abused for fighting to retain their culture. Many of the older children at the facilities were forced to punish the younger children, further dividing the children, and destroying any opportunity the children may have had to band together to resist the assimilation forces. As a result of what the Federal Indian Boarding School System put these children through, there were over 50 marked and unmarked burial sites found. These burial sites had found over 500 indigenous children dead and counting, and these numbers are expected to rise to thousands more. Many indigenous children that survived these boarding schools are reported to have long-lasting impacts on their health and their lives. These children that grew up to be adults reported having higher risks for cancer, diabetes, and Tuberculosis. They experienced heightened mental health issues, and many remain in a lower socioeconomic class as a result.

Cultural Genocide

This image depicts the number of indigenous people that exist today in comparison to what we saw before.
Images 7 & 8 – Source: Yahoo Images; This is a map that depicts how many indigenous members exist today, and what is left of their lands.

Many believe this forcible assimilation program conducted by the federal government to be a cultural genocide, in which a state-sanctioned attempt at the erasure of an entire culture took place. The official definition of genocide as established by the Genocide Convention in the Rome Statute of the International Criminal Court reads as follows: “…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group.” As per this definition, the acts carried out by the United States government against the children of various Native American tribes fulfill most, if not all these categories that define these acts to be considered genocidal. It is not a surprise that Native Americans have been killed by the federal government’s sanctions throughout history. There has been serious bodily harm and mental harm caused to members of these various indigenous groups throughout American history. The government deliberately placed young children in conditions of life that ensured their destruction as a member of the Native American tribe they each belonged to. The children within these facilities were not allowed to mingle with others from their own tribes, making it harder for them to retain and pass down their cultural identities, as well as procreate with members of their own tribe. Finally, they were forcibly taken away from their parents and placed in these facilities and other non-native homes in an attempt to erase their cultural backgrounds. All these actions, as was discovered by the recent report we explored at length in this blog, were done so with the intent to destroy the rich cultures of the various Native American tribes. So, the forcible assimilation of Native American children can, without a doubt, be characterized as cultural genocide.

The main goal of this blog was to establish the historical context of what the various Native American tribes endured, as well as the intentions of the federal government in terms of their dealings with the different native nations present in America. Part two of this conversation will focus on a specific piece of legislation that has gained a lot of attention in recent years, the Indian Child Welfare Act. At face value, this legislation is simply an act that addresses the long, detailed history of Native American children and sets guidelines to ensure that proper regulations are put in place to prevent a repetition of history. Yet, it’s now been challenged, partly with the help of very shady moneyed interest, and its fate (and the overarching consequences as a result) were placed in the hands of the nine Supreme Court justices of the United States. We will explore more about this legislation and the case in the next blog.

A Short Book List of Contemporary Black Authors

*Cover Image Photo credits to Sharon Drummond*

Reading has always been one of my passions. It’s a unique entryway to view the world through another person’s eyes. Scientific research has shown that the more someone reads, the more empathetic and understanding that person is. It is these skills and values that reside at the core of human rights. To recognize the inherent dignity of every person, we must first be able to critically reflect on our own lives, positions, and privileges and grasp that our realities are not everyone’s. 

To bring about a more caring, empathetic world, we need to learn to look beyond ourselves. Below are some authors whose pioneering work does just that. 

N.K. Jemisin

Cover of the book The Fifth Season. Author N.K. Jemisin.
Figure 1: Source: Yahoo Images; The cover of one of N.K. Jemisin’s books, The Fifth Season. Figure 2: Source: Yahoo Images, Photo credit to Laura Hanifin; An image of the author, N.K. Jemisin.

N.K. Jemisin is an author at the forefront of science fiction writing 一 in fact, she’s changing it at this moment. 

Having been compared to greats in the genre like Arthur C. Clarke, Orson Scott Card, and Ursula K. Le Guin, Jemisin is one of the rare authors whose work has won not only the Hugo Science Fiction Writing Award but also the Nebula Award. 

Only 25 books have won both the Hugo and Nebula awards, and Jemisin’s third novel in her Broken Earth trilogies is one. 

Moreover, she is the first author in history to receive three consecutive Hugo Awards for every book within her critically acclaimed Broken Earth trilogy. The series is set in a broken world, literally, with a plot full of betrayals, murder, and a mother’s unbroken determination to save her daughter.

If you’re someone who loves science fiction, you need to read Jemisin’s works 一 one series in particular.

Ibram X. Kendi

Author Ibram X. Kendi. Cover of the book Stamped from the Beginning.
Figure 3: Source: Flickr, Photo credit to American Association of University Professors; An image of the author, Ibram X. Kendi. Figure 4: Source: Yahoo Images; The cover of one of Ibram X. Kendi’s books, Stamped from the Beginning.

Dr. Ibram X. Kendi is a name you should become familiar with if you’re interested in antiracist scholarship. As the author of 13 books for adults and children, he is one of the world’s leading historians and antiracist researchers. 

Dr. Kendi is an Andrew W. Mellon Professor in the Humanities, teaching at prestigious institutions like Boston University and American University. He is also the Founding Director of the Boston University Center for Antiracist Research in the United States, while also being a contributor to The Atlantic and CBS News. 

He authored the book Stamped from the Beginning: The Definitive History of Racist Ideas in America which won the National Book Award for Nonfiction, making him the youngest person in history to receive the award. 

Alongside this book, he also published the internationally renowned How to Be an Antiracist. He has worked alongside other authors to make both critical works accessible to teenage and children audiences. As of 2021, he was awarded the MacArthur Fellowship, also known as the Genius Award. 

Learn more about Dr. Kendi’s transformative research and start your own education into antiracism by checking out his site.

Saeed Jones

Cover of the memoir How We Fight for Our Lives.
Figure 5: Source: Saeed Jones site; An image of the memoir by Saeed Jones, How We Fight for Our Lives.

Saeed Jones is an award-winning poet and non-fiction writer. His poetry has won the 2015 PEN/Joyce Osterweil Award for Poetry and the 2015 Stonewall Book Award/Barbara Gittings Literature Award, as well as, a Lambda Literary Award. 

His memoir, How We Fight for Our Lives, won the 2019 Kirkus Prize for Non-fiction. It is a poignant true story of Jones’ coming-of-age in a rural Texas community as a gay, black man. 

Jones’s work is a sincere and heartbreaking presentation of the realities that Queer individuals reconcile with as they grow into their gender and sexual identities. Not to mention the added stigmas racial and ethnic minorities face. 

If you’ve been wanting to break into the poetry scene or buff up on your memoir and/or Queer writing, you can find more of Saeed Jones’ work here

Nicole Dennis-Benn

Author Nicole Dennis-Benn.
Figure 6: Source: Wikimedia Commons; An image of the author, Nicole Dennis-Benn.

The work of Nicole Dennis-Benn has been compared to the pioneering and lyrical works of Toni Morrison. Her debut novel, Here Comes the Sun, was named the New York Time Book of the Year in 2016. Moreover, it earned the Lambda Literary Award for its portrayal Queer individuals. 

Similarly, her second novel, Patsy, also received the Lambda Literary Award in 2020 and was a New York Times Editor’s Choice. 

Nicole-Benn has taught at several writing programs at Princeton University, the University of Pennsylvania, NYU, and more. She is a recipient of the National Foundation for the Arts Grant and has published essays and shorter works in numerous esteemed publications 一 many of which have been nominated for or won awards as well. 

She is the founder of the Stuyvesant Writing Workshop and currently lives in Brooklyn, NY with her two sons and wife. 

Being born and raised in Kingston, Jamaica, her two novels are set in her home country. If you are someone looking to expand their reading beyond the borders of the U.S., check out the writings of Nicole Dennis-Ben. 

Robert Jones, Jr.

Author Robert Jones Jr. sitting on some steps with his novel The Prophets.
Figure 7: Source: New York Times, Photo credit to Naima Green; An image of the author, Robert Jones Jr. alongside his debut novel, The Prophets.

Formerly known as “Son of Baldwin,” Jones’ debut novel, The Prophets, came into immediate acclaim. The novel focuses on the love story of two enslaved men during the 19th century and their struggle to retain this small facet of themselves as another enslaved man begins preaching to garner favor with their enslaver. 

His work, while fiction, contains lines of text that read like poetry and demand to be reread over and over as one processes both the cruelty and beauty of his prose. 

The novel won the 2022 Publishing Triangle Edmund White Award for Debut Fiction and was a finalist for the 2021 National Book Award for Fiction. The Prophets has been translated into at least 12 different languages. 

Jones has published in the celebrated anthologies Four Hundred Souls and The 1619 Project. He is currently working on his next book. 

Angie Thomas

Author Angie Thomas. Cover of the book The Hate U Give.
Figure 8: Source: Yahoo Images; An image of the author, Angie Thomas. Figure 9: Source: Yahoo Images; The cover of one of Angie Thomas’ books, The Hate U Give.

For those who are fans of young adult literature, Angie Thomas has become an established name in the genre. Her work has hit the big screen, and though The Hate U Give does not explicitly mention organizations like Black Lives Matter, due to the timing of the movie’s release, it does feature BLM-esque organizations. It is important though that this work not be conflated with the actual people of BLM. 

Thomas was born and raised in Jacksonville, Mississippi, and attended Belhaven University where she received her BFA in creative writing. In fact, her New York Times bestselling novel, The Hate U Give, began as her senior project in college. 

She has since published five works with two being made into major motion films. If you enjoy young adult literature, check out some of Angie Thomas’ works here

Michelle Alexander

Author Michelle Alexander. Cover of the book The New Jim Crow.
Figure 10: Source: Yahoo Images; An image of the author, Michelle Alexander. Figure 11: Source: Yahoo Images; The cover of Michelle Alexander’s book, The New Jim Crow.

Michelle Alexander is more than just a renowned author, she is also a civil rights lawyer, advocate, and legal scholar. 

Her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, helped transform the national dialogue surrounding the imprisonment of Black Americans. It was published in 2010 and has spent over 250 weeks on the New York Times bestseller list. 

Her haunting and true words from her book pierced through veils of dismissal on the ever-worsening problem of racial policing in the United States: 

“We have not ended racial caste in America; we have merely redesigned it.”

She has worked both in academia and the public and private sectors, engaging in civil rights litigation and even serving as the Director for the Racial Justice Project in Northern California. 

Her work and her writing have had profound impacts on our legal systems and continue to urge for reform. Check out her work alongside that of Isabel Wilkerson to learn about racial caste systems in the United States. 

Derrick Barnes

Image of the award-winning book I Am Every Good Thing.
Figure 12: Source: Derrick Barnes site; An image of one of Derrick Barnes’ awarding winning novels, I Am Every Good Thing.

Derrick Barnes is an award-winning children and young adult author. Several of his books have become critically acclaimed

His book Stand!-Raising My Fist For Justice won the 2023 YALSA Excellence in Young Adult Nonfiction Award and a Coretta Scott King Award Author Honor. His other work, Crown: An Ode to the Fresh Cut, received a Newbery Honor, a Coretta Scott King Author Honor, the Ezra Jack Keats New Writer Award, and the Kirkus Prize for Young Readers. In 2022, he became a National Book Award finalist for his graphic novel Victory

After he published I Am Every Good Thing, he was nominated once again for a Kirkus Review, making him the first author to ever win the prize for his 12th release. 

Before becoming a successful author, Barnes was the first Black creative copywriter hired by the greeting cards giant, Hallmark. 

If you’re looking for more novels to diversify your library or classroom, check out Derrick Barnes’ work here

Jonathan Rosa

Author and anthropologist Jonathan Rosa. Cover of the book Looking like a Language, Sounding like a Race.
Figure 13: Source: Yahoo Images, image credits to Standford University; An image of the author, Jonathan Rosa. Figure 14: Source: Standford University; The cover of Jonathan Rosa’s book, Looking like a Language, Sounding like a Race.

I want to mention Jonathan Rosa’s work, Looking like a Language, Sounding like a Race: Raciolinguistic Ideologies and the Learning of Latinidad, because of its profound impact on our understanding of how language influences our perception of other racial groups. 

Dr. Rosa is a Professor of Anthropology and Linguistics at Standford University whose work focuses on how colonial structures have influenced the construction of racial minorities, resulting not only in institutional inequities but also in linguistic stigmatization. 

It is an undeniable fact that we judge a person’s intellect and ability on their written and spoken skills. However, this is never an accurate portrayal of a person’s capability. Jonathan Rosa thoroughly researches this by conducting over 24 months of ethnographic work in a highly segregated Chicago high school. Dr. Rosa unveils how the experiences of young Latinxes are inextricably complicated by racial identity and an imposed view of “proper” speech. 

If you are someone who is interested in languages and how we come to understand the world and people through our abilities of speech, you should read this work and challenge ingrained assumptions of racialized speech you may not have even realized you had. 

Isabel Wilkerson

Author Isabel Wilkerson. Cover of the book The Warmth of Other Suns.
Figure 15: Source: Yahoo Images; An image of the author, Isabel Wilkerson. Figure 16: Source: Yahoo Images; The cover of one of Isabel Wilkerson’s books, The Warmth of Other Suns.

Isabel Wilkerson is an acclaimed author of non-fiction that weds poetic narrative with the harsh realities of marginalized communities. Her first work, The Warmth of Other Suns, focuses on the real stories of three people during the Great Migration. 

In order to complete her investigative work, she interviewed over 1,200 people and dedicated 15 years to detail the journey of the 6 million people who emigrated from the Jim Crow-oppressed South. 

She is the first African American woman to win a Pulitzer Prize in Journalism for her piece on a fourth-grader from Chicago’s southside and two stories reporting on floods in 1993. 

She continues to work in journalism for the New York Times and has taught at several prestigious institutions. Her most recent work, Caste: The Origins of Our Discontents, once more displays her incredible talent for incisive research and profound scrutiny of the systems of oppression that plague the United States, Nazi Germany, India, and many more societies. 

If you are someone who enjoys historical narratives, Wilkerson’s works are masterful pieces of extensive research alongside bittersweet anecdotes of people living through systemic discrimination. 

Conclusion

If you liked this book list, check out this list of foundational Black authors here

To learn more about book bans and their threat to human rights, read the article by Nikhita Mudium: “Book Bans in the United States: History Says it All.”