Some thoughts on Pigford v Cobell

I recently received an email petition from a friend, forwarded from colorofchange.org which asked me to sign to support black farmers' lawsuit against the Department of Agriculture in the much delayed Pigford II settlement. Interestingly, nowhere in the petition did it mention how in recent news, Pigford II has been publicly linked by Obama to the equally long-standing Cobell settlement involving mismanagement of Indian trusts. At face value it seems that the two cases bear similarities: one involving black farmers whose rights to farming land have been denied through systematic discrimination in preferential loaning by the USDA; the other involving thousands of Indians whose rights to their personal property have been denied through federal mismanagement of trusts. Yet since Obama's public declaration linking these cases, there has been outcry from both sides insisting on the necessity for the cases to be considered separately; in fact, prominent figures in each camp have pointed fingers at the other, suggesting that linking the two cases has prevented their own settlement from moving forward.

How do we make sense of these complicated legal battles? One journalist has argued that Obama's call to consider the cases jointly is a result of mistaking the Cobell case for Keepseagle, another settlement involving Indian farmers, and that the actual terms of each case require individual consideration. It might also be argued that any contestation over property rights with the U.S. government by any other group can never be considered on the same terms as Native people.

At the same time, is there also something to be said for the loss of potential coalition-building between the two groups, despite the specificities of each case? As Carol Estes points out in her article, one major factor stalling the progress of Pigford II was the counterintuitive decree requiring each individual farmer to provide evidence of discrimination in separate "mini-trials," evidence nearly impossible to come by since it involved white farmers willingly providing information on loans they received. In a case like this that deals with systematic discrimination, it seems counterintuitive to rely on a legal process hinged on isolated judgements of individual cases. Bringing the matter back to Cobell and Pigford II, does a complete separation of the cases further support the bureaucratic nightmare of the federal process? Or is the integrity of each case lost in strategic alliance as is sometime inevitable in the coalition-building process?

-CK

Cited:

Estes, Carol. June 30, 2001. "Second Chance For Black Farmers" YES! Magazine. http://www.yesmagazine.org/issues/reclaiming-the-commons/second-chance-for-black-farmers

Further Reading:

http://www.indiancountrytoday.com/archive/Black-farmers-turn-away-from-Cobell-Senators-respond-103709079.html

http://legaltimes.typepad.com/blt/2010/07/cobell-pigford-settlements-still-need-a-home.html

http://www.blackfarmers.org/html/100810.html

Letter of appreciation from President Corrigan

New DVDs in the Library

Come check out the latest additions to our DVD collection! Introducing three incredible, acclaimed documentaries that challenge our understanding of our own histories as it has typically been told to us. Our Spirits Don't Speak English: Indian Boarding School uncovers the dark history of the U.S. government's atrocious boarding school policy for Native children. The film, produced by Rich-Heape Films, won Best Feature Documentary at the International Cherokee Film Festival.

The Trail of Tears: Cherokee Legacy is another multiple award-winning documentary by Native-owned production company, Rich-Heape Films. Told from a Native American perspective, the film explores the brutal history of the Cherokee Nation's forced relocation from their native homelands under the federal Indian Relocation Act of 1830.

When the Levees Broke: A Requiem in Four Acts is a critically-acclaimed documentary series by Academy Award-nominated director Spike Lee. The documentary explores the disaster of Hurricane Katrina and the lives affected in New Orleans. Spike Lee asks hard-hitting questions about race, federal policy and inaction and the value of human life in this deeply political yet heartwrenching documentary.

New titles coming soon: Don't Get Sick In June: American Indian Healthcare by Rich-Heape Films

Exciting new community class in Oakland!

This class will show history-based films, provide additional readings
and ALL participants will receive copies of the book "Urban Voices". A
Native American historian, Melinda Micco (Seminole/Creek/Choctaw)will
facilitate discussions following the films, which will allow community
members to share their own knowledge of their tribal histories and
process their reflections in a supportive environment.

Please Jessica LePak at jessical@nativehealth.org with any questions or concerns.

Open Mind, Open Library.

Clear your calendars and save the date! Whatever you have to do to try and make it to the ROMC's celebration of Cesar Chavez Student Center's 35th anniversary.

For more info, contact us.

Indian Country Today Interviews Madonna Thunder Hawk

The latest issue of Indian Country Today features an article on famed Red Power activist and woman warrior, Madonna Thunder Hawk. She talks about her experiences during the 1973 Wounded Knee standoff and her lifetime of organizing:

Thunder Hawk described Red Power as a movement, not an organization. It involved entire families and communities, including children and elders who anchored the movement. "We were people-based. That's why we were effective." (Indian Country Today, Wednesday, October 13, 2010)

Come to the ROMC Resource Library to read the latest issue of Indian Country Today...

Rigoberta Menchu...

is going to be speaking in Oakland on November 15,
clear your calendars and save the date for this amazing opportunity.

Here's the website for more info and to get your tickets:

http://www.brownpapertickets.com/event/134367