The Theta Upsilon chapter of Phi Theta Kappa has chosen the topic “Quests for Human Expression” as our focus for the Honors in Action theme “Frontiers and the Spirit of Exploration.” The right to freedom of expression, equality and human rights is a crucial key to democracy, and is safeguarded by the First Amendment to the United States Constitution. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), to which the United States is a party, both state that individuals have a right to freedom of expression. So, how does that right pertain to the Native American population?
Our nation’s 2.5 million Native Americans were denied basic civil rights for many years, and it has …show more content…
government, and are considered domestic dependent nations, with rights to tribal sovereignty. Tribal sovereignty refers to tribes ' right to govern themselves, define their own membership, manage tribal property, and regulate tribal business and domestic relations. They govern themselves, although it’s not so much a formal government as it is leadership of each tribal community.
In 1968 the Indian Civil Rights Act (ICRA) was passed, giving Native Americans the civil rights they had been fighting for, including the right to freedom of expression. Important for many Native American civil rights advocates are cultural issues related to the ability to maintain and pass on traditional religious beliefs, languages and social practices without fear of discrimination.
Although the ICRA gives Native Americans the freedom to express religious beliefs, practicing this right continues to be particularly difficult. Native American indigenous religions are complex, diverse and often tied closely to the land. Many of these rights were initially suppressed by Christian Europeans who felt it was their duty to “bring religion to the natives.” The fight for the right of Native Americans to express themselves continues even …show more content…
There are many examples of case law on the books where rulings have denied protection to Native Americans religious practices or allowed infringement on their sacred sites.
In his book American Indian Law Review, author Joshua A. Edwards discusses a dispute over the San Francisco Peaks in Northern Arizona, an area sacred to 13 Native American tribes. In the court case Navajo Nation v. United States Forest Service, holy lands that are dear to these tribes are owned by the federal government, which approved a proposal for a nearby ski resort to pump 1.5 million gallons of sewage effluent per day over the peaks in the form of manufactured artificial snow.
Edwards says, “Holy means set apart. It is like the sanctuary of a church; you would not want to desecrate a sacred place. This is a holy place, and it should remain
Our nation’s 2.5 million Native Americans were denied basic civil rights for many years, and it has …show more content…
government, and are considered domestic dependent nations, with rights to tribal sovereignty. Tribal sovereignty refers to tribes ' right to govern themselves, define their own membership, manage tribal property, and regulate tribal business and domestic relations. They govern themselves, although it’s not so much a formal government as it is leadership of each tribal community.
In 1968 the Indian Civil Rights Act (ICRA) was passed, giving Native Americans the civil rights they had been fighting for, including the right to freedom of expression. Important for many Native American civil rights advocates are cultural issues related to the ability to maintain and pass on traditional religious beliefs, languages and social practices without fear of discrimination.
Although the ICRA gives Native Americans the freedom to express religious beliefs, practicing this right continues to be particularly difficult. Native American indigenous religions are complex, diverse and often tied closely to the land. Many of these rights were initially suppressed by Christian Europeans who felt it was their duty to “bring religion to the natives.” The fight for the right of Native Americans to express themselves continues even …show more content…
There are many examples of case law on the books where rulings have denied protection to Native Americans religious practices or allowed infringement on their sacred sites.
In his book American Indian Law Review, author Joshua A. Edwards discusses a dispute over the San Francisco Peaks in Northern Arizona, an area sacred to 13 Native American tribes. In the court case Navajo Nation v. United States Forest Service, holy lands that are dear to these tribes are owned by the federal government, which approved a proposal for a nearby ski resort to pump 1.5 million gallons of sewage effluent per day over the peaks in the form of manufactured artificial snow.
Edwards says, “Holy means set apart. It is like the sanctuary of a church; you would not want to desecrate a sacred place. This is a holy place, and it should remain