The Recognition of Native American sacred sites in the United States could be described as "specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion". [1] The sacred places are believed to "have their own 'spiritual properties and significance'". [2] Ultimately, Indigenous peoples who practice their religion at a particular site, they hold a special and sacred attachment to that land sacred land.
Among multiple issues regarding the human rights of Indigenous Peoples is the protection of these sacred sites. During colonization, Europeans claimed governance over the lands of numerous native tribes. After decolonization, Indigenous groups still fought federal governments to regain ownership of their ancestral lands, including the sacred sites and places. This conflict between the Indigenous groups has risen in the United States in recent years and the rights to the protection of sacred sites has been discussed through United States constitutional law and legislature.
The Religion Clauses of the First Amendment assert that the United States Congress has to separate church and state. The struggle to gain legal rights over the Glen Cove burial grounds in California is among many disputes between Indigenous groups and the federal government over sacred lands.
The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations in 2007. The declaration emphasizes the right of Indigenous peoples, some of which include the protection of sacred sites and their religious practices. Articles 11, 12, and 25 of the Declaration specifically addresses these rights.
Article 11 of the Declaration states:
Article 12 of the Declaration States:
Article 25 of the Declaration states:
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. [3]
Indigenous peoples in the United States argued that they have the right to protect sacred sites on the grounds of religious freedom. The Religion Clauses of the First Amendment have been two main documents discussed in the dispute of sacred sites protection. [4]
The Free Exercise Clause and the Establishment Clause prevents the United States federal government from establishing a religion by emphasizing the separation of church and state. However, the basis of the Establishment Clauses causes a problem with regards of the protection of religious practices of religious liberties by the federal government. [5]
While the Religious Clause may puts limits on the actions of the federal government with regards to sacred sites protection, Article Six of United States Constitution require Congress to treat "’Indian affairs as a unique area of federal concern’". [6] Any legal relationship between both parties is treated with special consideration in the basis that Indigenous peoples have become dependent on the United States government after the land was taken from them. [6] As John R. Welch et al. states, "the government 'has charged itself with moral obligations of the highest responsibility and trust'". [6] The federal government has a responsibility to maintain the agreements it made with the Indigenous peoples through the treaties. The federal government should "manage Indian trust lands and their bounties in the best interests of beneficiaries". [6]
The American Indian Freedom and Restoration Act, or the American Indian Religious Freedom Act (AIRFA), was passed by congress in 1978. The act was passed to recognize Indigenous people's religious practices by not limiting access to sacred sites. [2] [4] The AIRF also obliges federal agencies to administer laws to "evaluate their policies in consultation" with Indigenous groups to assure that their religious practices are protected. [2] Nonetheless, Arizona Democratic Representative Morris K. Udall who cosponsor of AIRFA asserted that the Act does "not create legal rights" and "'depends on Federal administrative good will'" for it to be applied. [4] Consequently, Indigenous groups are not able to effectively use AIRFA in their fight against public land management agencies.
The Religious Freedom Restoration Act (RFRA) prohibits the federal government from restricting or burdening a person's exercise of religion. Under the RFRA, a plaintiff can present a case by showing that the federal government's actions burdens his ability to exercise his religion. Still, although the law is not a procedural law and protects the free exercise of minority religion, it does not protect religious activities conflicting with government's land use [2]
The National Environmental Policy Act (NEPA) is a national policy that promotes better environmental conditions by preventing the government from making damaging the environment. This Act relates to the sacred sites protection because it promotes and encourage a "harmonious" relationship between humans and the environment Furthermore, because this Act is a procedural law, those who bring a suit to the law must "allege a legal flaw in the process the agency followed to comply with NEPA such that the agency's final decision was reached without a complete understanding of the true effects of the action on the quality of the environment. [2]
The National Historic Preservation Act (NHPA) is procedural law that implements "a program for preservation of historic properties across the United States for reasons including the ongoing loss and alteration of properties important to the nation's heritage and to orient the American people to their cultural and historical foundations". [2]
On May 24, 1996, President Bill Clinton issued Executive Order 13007. Under this order, executive branch agencies are required to: "(1) accommodate access to and ceremonial use of Indian sacred sites by religious practitioners and (2) avoid adversely affecting the physical integrity of such sites". [1] This order holds management of Federal lands of taking the appropriate procedures to ensure that Indigenous peoples governments are involved in actions involving sacred sites.
Glen Cove, also known as Sogorea Te or Ssogoréate, is located in Vallejo, California and is a ceremonial and burial ground for native tribes living near the area for over 3,500 years. [7] These tribes include the Ohlone, Patwin, Miwok, Yokuts, and Wappo. The Greater Vallejo Recreation District (GVRD)and the City of Vallejo wanted to turn the burial ground into a public park since 1988. The construction on the site requires removing the burials and sacred objects. The affected Indigenous tribes fought against the developing the land, claiming that doing so is a violation of their human and religious rights. They insist that the site means more to them than the members of the public, saying, "It is one of the few surviving remnants of our history on this land." [8]
In protest of the GVRD development, The Protect Glen Cove Committee and the Board of Directors of Sacred Sites Protection (SSP&RIT) called for Indigenous activists to assemble at Glen Cove. Beginning April 14, 2011, Indigenous tribes and supporters began occupying the area by organizing daily spiritual gatherings and ceremonies. [9]
On July 19, 2011, after 98 days of occupation and spiritual ceremonies, the Committee to Protect Glen Cove announced that the Indigenous tribes have won the jurisdiction over the land. The Yocha Dehe and Cortina tribes established a cultural easement and settlement agreement, which grants the tribes "legal oversight in all activities taking place on the sacred burial grounds of Sogoreate/Glen Cove". [10]
The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law enacted on November 16, 1990.
The American Indian Movement (AIM) is an American Indian grassroots movement which was founded in Minneapolis, Minnesota in July 1968, initially centered in urban areas in order to address systemic issues of poverty, discrimination, and police brutality against American Indians. AIM soon widened its focus from urban issues to many Indigenous Tribal issues that American Indian groups have faced due to settler colonialism in the Americas. These issues have included treaty rights, high rates of unemployment, the lack of American Indian subjects in education, and the preservation of Indigenous cultures.
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488, codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4, is a 1993 United States federal law that "ensures that interests in religious freedom are protected." The bill was introduced by Congressman Chuck Schumer (D–NY) on March 11, 1993. A companion bill was introduced in the Senate by Ted Kennedy (D-MA) the same day. A unanimous U.S. House and a nearly unanimous U.S. Senate—three senators voted against passage—passed the bill, and President Bill Clinton signed it into law.
An American Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation, whose government is autonomous, subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs, and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.
A vision quest is a rite of passage in some Native American cultures. Individual Indigenous cultures have their own names for their rites of passage. "Vision quest" is an English-language umbrella term, and may not always be accurate or used by the cultures in question.
In the Light of Reverence (2001) is a documentary produced by Christopher McLeod and Malinda Maynor (Yumbee). It features three tribal nations, Hopi, the Winnemem Wintu, and the Lakota Sioux, and their struggles to protect three sacred sites. Such sites are central to their understanding of the world and their spiritual responsibilities to care for their homelands.
The Sun Dance is a ceremony practiced by some Native Americans in the United States and Indigenous peoples in Canada, primarily those of the Plains cultures, as well as a new movement within Native American religions, 1890 the Shoshone people in origin. It usually involves the community gathering together to pray for healing. Individuals make personal sacrifices on behalf of the community.
Suzan Shown Harjo is an American advocate for Native American rights. She is a poet, writer, lecturer, curator, and policy advocate who has helped Native peoples recover more than one million acres (4,000 km²) of tribal lands. After co-producing the first American Indian news show in the nation for WBAI radio while living in New York City, and producing other shows and theater, in 1974 she moved to Washington, D.C., to work on national policy issues. She served as Congressional liaison for Indian affairs in the President Jimmy Carter administration and later as president of the National Council of American Indians.
Plastic shamans, or plastic medicine people, is a pejorative colloquialism applied to individuals who attempt to pass themselves off as shamans, holy people, or other traditional spiritual leaders, but who have no genuine connection to the traditions or cultures they claim to represent. In some cases, the "plastic shaman" may have some genuine cultural connection, but is seen to be exploiting that knowledge for ego, power, or money.
The American Indian Religious Freedom Act, Public Law No. 95–341, 92 Stat. 469, codified at 42 U.S.C. § 1996, is a United States federal law, enacted by joint resolution of the Congress in 1978. Prior to the act, many aspects of Native American religions and sacred ceremonies had been prohibited by law.
The Declaration on the Rights of Indigenous Peoples is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property. The declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations." It "prohibits discrimination against indigenous peoples," and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".
Native American religions, Native American faith or American Indian religions are the indigenous spiritual practices of the Indigenous peoples of the Americas. Ceremonial ways can vary widely and are based on the differing histories and beliefs of individual nations, tribes and bands. Early European explorers describe individual Native American tribes and even small bands as each having their own religious practices. Theology may be monotheistic, polytheistic, henotheistic, animistic, shamanistic, pantheistic or any combination thereof, among others. Traditional beliefs are usually passed down in the oral tradition forms of myths, oral histories, stories, allegories, and principles. Nowadays, as scholars note, many American Natives renew their interest in own tradition.
Native American civil rights are the civil rights of Native Americans in the United States. Native Americans are citizens of their respective Native nations as well as of the United States, and those nations are characterized under United States law as "domestic dependent nations", a special relationship that creates a tension between rights retained via tribal sovereignty and rights that individual Natives have as U.S. citizens. This status creates tension today but was far more extreme before Native people were uniformly granted U.S. citizenship in 1924. Assorted laws and policies of the United States government, some tracing to the pre-Revolutionary colonial period, denied basic human rights—particularly in the areas of cultural expression and travel—to indigenous people.
Native American self-determination refers to the social movements, legislation and beliefs by which the Native American tribes in the United States exercise self-governance and decision-making on issues that affect their own people.
The Association on American Indian Affairs is a nonprofit human rights charity located in Rockville, Maryland. Founded in 1922, it is dedicated to protecting the rights of Native Americans.
The United States government illegally seized the Black Hills – a mountain range in the US states of South Dakota and Wyoming – from the Sioux Nation in 1876. The land was pledged to the Sioux Nation in the Treaty of Fort Laramie, but a few years later the United States illegally seized the land and nullified the treaty with the Indian Appropriations Bill of 1876, without the tribe's consent. That bill "denied the Sioux all further appropriation and treaty-guaranteed annuities" until they gave up the Black Hills. A Supreme Court case was ruled in favor of the Sioux in 1980. As of 2011, the court's award was worth over $1 billion, but the Sioux have outstanding issues with the ruling and have not collected the funds.
Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), was a United States Supreme Court landmark case in which the Court ruled on the applicability of the Free Exercise Clause to the practice of religion on Native American sacred lands, specifically in the Chimney Rock area of the Six Rivers National Forest in California. This area, also known as the High Country, was used by the Yurok, Karuk, and Tolowa tribes as a religious site.
Oak Flat is in Pinal County about 40 miles (64 km) east of Phoenix in the Tonto National Forest, a high desert setting at 3,900 feet (1,200 m) elevation. The land is sacred to Native Americans from the San Carlos Apache Indian Reservation and many other Arizona tribes. This federally-protected area is listed on the National Register of Historic Places, and features a National Forest Service public campground. The landscape includes Apache Leap cliff, the mesa of Oak Flat, and Devil's Canyon, all of which have long been popular with hikers, birders, climbers, off-roaders, hunters, and members of the area's indigenous tribes. Oak Flat has been subject to attempts by the federal government to sell it to mining interests since 2002, against the wishes of the San Carlos Apache tribe.
The Code of Indian Offenses was an 1883 body of legislation in the United States that, along with other legislation, restricted the religious and cultural ceremonies of Native American tribes.