In the early 1950s, the US Congress passed several laws to implement its Termination policy, which was designed to relieve the national government from its treaty obligations to Native American tribes in certain states. This resulted in another dark episode for Native Americans and the diminishing of tribal sovereignty. Dozens of tribes had their federal recognition withdrawn, tribal governments and individuals lost ownership and control over lands and resources, as well as access to benefits and services that were supposed to be guaranteed by treaty. Along with this came more forced relocations and loss of tribal citizenship. Though the policy was largely withdrawn in the 1970s following substantial public backlash, permanent damage was done. Currently, elements of Termination persist in several states, especially the continued imposition of state law enforcement authority over the tribes. This is problematic for several reasons, including a lack of cultural competence on the part of public safety officials, and double standards when it comes to enforcing the law, which have manifested themselves in the Missing & Murdered Indigenous Relatives (MMIR) phenomenon, among other problems. However, the states on the West Coast have made some progress at repairing relationships with Native tribes, with Oregon especially seeking to interact with tribal governments on a more equal basis. This paper argues that US states should advance a policy called "retrocession" to allow self-exercise of police powers by reservation governments in accordance with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

Authors:
Kenneth Hansen, California State University, Fresno, United States

About the Presenter(s)
Professor Kenneth N. Hansen teaches Political Science and American Indian Studies at California State University, Fresno in the United States.

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https://www.linkedin.com/in/kenneth-hansen-b934b823/

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