Charlene is a tireless advocate for Indian Country.
Colonial legal architecture continues to suppress indigenous economies, marginalize indigenous people, and inhibit indigenous nation-building.
Charlene will fight to peel back that colonial legal architecture, and in the process liberate our communities from the power structure that has decimated our communities for far too long.
Charlene has a bold agenda to strengthen Indian Country.
1. Tribal participation in NAFTA ('USMCA') renewal talks
When the last President insisted that the ‘New NAFTA’ require renewal talks every six-years, he may not have realized how profoundly he changed the governing structure of North American trade. The renewal talks were created to allow the three parties to modernize the Treaty over time, allowing for its necessary evolution to account for rapidly changing trade relationships here on Turtle Island.
But he also did much more than that. He created a forum through which North American governments can converge to discuss the future. Unfortunately, during the crafting of the United States-Mexico-Canada Agreement, or USMCA as it is now called, Tribes and First Nations were not allowed a seat at the table – to say nothing of the even more marginalized and maligned Indigenas of Mexico.
In some ways, the first Treaty governing North American trade was the the Jay Treaty. That document included more explicit protections on Indian Commerce than the USMCA does today.
While the Jay Treaty acknowledged, protected, and affirmed the right of Indians living on either side of the border to trade with each other, the USMCA has no protections, acknowledgements, or affirmations of Indian trade at all. It includes only 57 words regarding indigenous people – and those words do nothing to enable indigenous nation building or even acknowledge the basic human rights of Indigenous people that have been codified in the United Nations Declaration on the Rights of Indigenous People (UNDRIP).
But now, with renewal talks required every six years, the indigenous people of Turtle Island have an extraordinary new opportunity to negotiate our freedom back. It’s to that end that I’ve been traveling to Tribal and First Nations communities in the United States and Canada to rally our governments. It’s time for Indian Country to demand a seat at the table.
There is so much that we can achieve by asserting our involvement in the renewal negotiations. First, we must insert clear language that protects our right to trade
with each other – including in cross-border contexts. Second, language must be included that affirms our right to economic development and nation building within the context of our sovereign scope of jurisdiction.
And third, we must make the Treaty congruent with United Nations Declaration on the Rights of Indigenous People (UNDRIP) – which might be the most important of all. It might also be our most challenging point of negotiation.
2. Federal status for California's unrecognized Tribes
"The Government, which in many instances actively participated in the destruction of tribal communities in California, now sits in critical judgment, through its agencies and the federal acknowledgment process, of the tribal status of these groups. This absurd situation must be changed through effective intervention of Congress."
Stephen Quesenberry
California Indian Legal Services attorney
"Fairness is not our eighth criterion."
Branch Chief of the Bureau of Acknowledgement
Department of Interior
Federal recognition does not establish or create tribes. It merely acknowledges the existence of political entities that have existed before the formation of the United States. Recognition establishes a trust relationship between tribes and the federal government, providing certain federal benefits to tribes and their members, and triggers the application of a comprehensive body of U.S. law that respects tribal sovereignty.
Recognition enables tribes to repatriate their skeletal remains and sacred objects, as well as pursue economic development opportunities.
In California, more than fifty-five tribes currently lack federal recognition. Twelve tribes were terminated during the 1950s-1960s period and have not been reinstated, affecting over 80,000 individuals. These figures represent the largest group of unrecognized tribal groups and individuals among any state in the United States. The federal government's failure to recognize these groups perpetuates unjust policies that have been directed at California tribes since the 1850s.
Recognition enables tribes to establish a land base and gain access to federal job-training and education programs which would benefit their youth and bring employment opportunities to their communities. It also enables tribes to have greater control over the quality of life within their communities, especially relating to child welfare and environmental hazards. Recognition also makes tribes eligible for federal programs designed to alleviate poverty.
The current administrative procedures for attaining tribal recognition at the federal level do not adequately address the needs of California Indian tribes. The unique history of California necessitates tailored procedures that consider their distinct experiences. A generic approach for all tribes fails to account for the specific injustices suffered by California tribes, hindering their success in petitioning for recognition. Learn more here.
