Portland, Ore. and Washington, D.C.—The National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), and Angel Smith, an 

independent attorney appointed by the District Court of the Cherokee Nation and “Next Friend in the filing,”

are applauding today’s action by the United Nations Special Rapporteur on the Rights of Indigenous Peoples James Anaya calling for state, federal, and tribal authorities in the United States to take all necessary measures to ensure that the well-being and human rights of Veronica Brown, the four-year-old Cherokee child at the center of a highly contentious custody dispute, are protected.

 today pointed out that the Indigenous rights are guaranteed by various international instruments subscribed to or endorsed by the United States, stating, “I urge the relevant authorities, as well as all parties involved in the custody dispute, to ensure the best interests of Veronica, fully taking into account her rights to maintain her cultural identity and to maintain relations with her indigenous family and people.”
NICWA, NCAI, and Smith, who had brought their concerns to the Special Rapporteur’s attention, hailed the announcement as corroboration of the concerns raised both in the 

 on behalf of Veronica in July and in ongoing legal matters in Oklahoma.

Among the possible human rights violations is the forced removal of Veronica from her Indian family and tribal nation without adequate protection or recognition of her right to culture. Such removal violates her right to culture, education, family, and tribal nation as guaranteed by Articles 7 and 8 of the 

U.N. Declaration on the Rights of Indigenous Peoples

International Covenant on Civil and Political Rights

.

The executive directors of two leading national organizations, NICWA’s Terry Cross and NCAI’s Jacqueline Pata, called for the national conversation about the case to focus on Veronica’s human and civil rights.

“These rights are being violated by the failure of the courts to provide Veronica, her tribal nation, and her extended family with opportunities to be heard regarding her best interests,” said Cross. “What the U.N.’s involvement indicates is that we must all agree to turn our focus back to Veronica. When we do, it becomes disturbingly clear that the courts have utterly failed to protect what is guaranteed to her by international law and established treaties, best adoption practices, and in my opinion, basic tenets of decency. Her rights have been violated, pure and simple.”

“We commend the Special Rapporteur for engaging on this issue—it’s a vital step for protecting all Indigenous children throughout the world. It’s important to note that these are violations of international laws recognized and ratified by the United States long ago, not external forces weighing in on domestic laws,” said Pata. “Veronica, and all similarly situated Indian children, families, and tribal nations, have deeply felt interests in maintaining their individual and collective rights to family, culture, and community. These basic human rights, along with the fundamental principles of self-determination, non-discrimination, due process, and equality, must be protected.”

Smith agreed, stating, “Of course the facts of these matters are heart aching. Even so, it is important and required that when considering Veronica’s rights and protections to acknowledge that, as an Indigenous child, she holds the rights of continued connection to her family, her culture and community. It has been tragic that, in the media firestorm following this case the last two years, so little attention has been paid to Veronica’s basic human rights. These are rights and protections due her—due to Veronica—and are independent of any other individual involved in these matters. Veronica's rights and interests must be considered.”

Smith continued, “If she were any other child, in any other case, her present situation, needs, and rights would be considered and would have been part of the determination. Today, Veronica is a four-year-old little girl with her own view of her daily world and her own identity. She has her own words, and her own voice. It is time Veronica is heard because it is, after all, Veronica’s life.”

NICWA and NCAI Applaud United Nations’ Anaya for Calling on United States to Protect Veronica’s Human Rights

Washington, DC – Today, Friday, August 9th, Google Maps and the 

National Congress of American Indians (NCAI) will host

 their first ever Indigenous Mapping Day, a global “MapUp” intended to celebrate the 

United Nation's International Day of the World's Indigenous Peoples

. The effort is a result of a partnership between the National Congress of American Indians and Google Maps, including Google Map Maker, Google Earth Outreach and the Google American Indian Network.

“Place is one of the most important values for Indigenous peoples – our place includes our sovereignty, our culture, our resources, and our ways of connecting with each other and other nations. This project is an exciting start to reclaiming and establishing our rightful place in the world. Our focus is to empower tribes and tribal citizens to actively participate in how tribal lands and communities are represented on Google Maps,” said Jacqueline Pata of NCAI, the oldest, largest, and most representative American Indian and Alaska Native advocacy organization in the United States.

A MapUp is a group of people that come together to edit Google Maps with the Google Map Maker tool. By sharing their local knowledge and expertise, MapUp participants help to make Google Maps more comprehensive and useful for others, and can ensure the map accurately reflects their local community. NCAI hosted a MapUp at the 2013 Mid Year Conference, providing the NCAI Youth Commission with training on this important tool. NCAI has established a set of guidelines for Indigenous Mapping Day to ensure tribes make informed decisions about how their community is represented on Google Maps.

Many tribal communities in the United States lack accurate mapping information pertaining to roads, buildings, and information on services available to tribal members and the general public. Google Map Maker enables tribal governments, businesses, and individual citizens to take ownership of their communities as represented on Google Maps. This tool allows these entities to add to, edit, and improve digital local maps by mapping tribal offices, medical facilities, local roads, and everything in between! Anything from structures, landscapes, or ATM locations can be identified on Google Maps by using the Map Maker tool.

NCAI and Google Maps Partner for Indigenous Mapping Day Today - August 9, 2013

Statement of Support Issued by Tribal Governments and Leading Native American, Civil Rights, Child Welfare and Legal Advocates along with Arizona and New Mexico State Attorneys General to Stop Violation of “Baby Veronica’s” Civil Rights by South Carolina Courts

 - Today, the Native American Rights Fund filed a complaint in the United States District Court in South Carolina to protect the civil rights of Veronica Brown, a citizen of the Cherokee Nation who has been denied due process in the South Carolina courts. The filing comes after the South Carolina Supreme Court issued two controversial orders to the state’s family court on July 17 and 24, calling for the removal of Veronica from her father and a transfer her to the adoptive couple without a hearing of best interest.

The lawsuit was supported in a national statement released today by a broad coalition of civil rights, child welfare, adoption advocates, legal authorities, tribal governments, and Native American advocacy groups. These groups and individuals joined with the National Congress of American Indians, Native American Rights Fund, and National Indian Child Welfare Association in releasing the national statement of support for Veronica’s civil rights, and the rights of all children, to a hearing of best interest.

The litigation was filed on behalf of Veronica, by Angel Smith, an attorney appointed as counsel for the child by the courts of the Cherokee Nation, in U.S. District Court in South Carolina, and asks the Court to determine whether Veronica has a constitutionally protected right to a meaningful hearing in the state courts to determine what is in her best interests. Furthermore, the litigation asserts that Veronica, as an “Indian child” under the Indian Child Welfare Act, has a federally protected right to have the state courts fully consider and appropriately weigh her best interests as an Indian child. Daniel E. Martin, Jr., the judge for the family court system of South Carolina, is named as the defendant in the suit.

According to the filing, Veronica “doubtless has a liberty interest in remaining with her father and such an interest justifies at a minimum a plenary hearing on her current status, her relationships with others and her genuine need for stability… Despite the finding of the family court and the implicit assumption by the Supreme Court of South Carolina that [Veronica’s] best interest would be served by being with her father, two years later the court now determines, despite the passage of time and [Veronica’s] stage of development at age four, that her ‘best’ interests will now be served by being removed from him and given back to the adoptive couple. Again, this order is without any consideration to the present circumstances, psychological and emotional well-being, and future impact on [Veronica]. This is an arbitrary result, depriving [Veronica] of any opportunity to be heard on her own behalf, irrespective of the competing interests of the adult litigants in her young life.”

Broad National Support for the Litigation

Also today, on behalf of broad coalition of civil rights, child welfare, legal authorities, tribal governments and Native American advocacy groups, the National Congress of American Indians, along with the Native American Rights Fund and the National Indian Child Welfare Association released a national statement of support for Veronica’s civil rights to be upheld. 

 has been endorsed by a broad coalition of tribal governments, state and federal legal authorities including two state attorneys general – Arizona and New Mexico – civil rights institutions such as the Leadership Conference on Civil and Human Rights, child welfare and adoption organizations including the Child Welfare League of America, and leading national and regional Native advocacy organizations representing the interests of almost every tribe located within the United States (see full list below).

[T]he rights promised to our children are being compromised in the courts of the State of South Carolina … The recent [South Carolina Supreme Court] ruling in the case denies the basic fundamental right of an almost four-year-old Indian child to a hearing of her ‘best interests’ before removing her from her biological father after almost two years of child-rearing, bonding and establishing a loving home environment. Plainly stated, this is a denial of Veronica’s human rights and constitutional rights to due process as a citizen of the United States.

The following organizations and individuals have signed on to the letter of support for the civil rights lawsuit being filed on behalf of Veronica:

The Office of Arizona Attorney General Tom Horne

Attorney General of the State of New Mexico Gary K. King

Civil Rights, Child Welfare, and Adoption Advocacy Organizations

The Leadership Conference on Civil and Human Rights

North American Council on Adoptable Children

Asian & Pacific Islander American Health Forum

Friends Committee on National Legislation

National Latino Farmers & Ranchers Trade Association

Central Council of the Tlingit and Haida Indian Tribes of Alaska – 

Confederated Tribes of the Umatilla Indian Reservation- 

Les Minthorn, Chairman of the Board of Trustees

Enterprise Rancheria, Estom Yumeka Maidu Tribe 

- W. Ron Allen, Tribal Chairman/CEO and Chairman - DOI, Self-Governance Advisory Committee (representing 253 Tribes and Native Villages throughout the United States)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians – 

- Chief Lynn Malerba, - Chairwoman IHS, Tribal Self-Governance Advisory Committee (representing 336 Tribes and Native Villages throughout the United States)

Tribal President/Administrator Delia Commander

Deanna Muir, Deputy General Manager of the Tulalip Tribes

California Association of Tribal Governments

Tribal Council of the Five Civilized Tribes

Great Plains Tribal Chairman’s Association

American Indian & Alaska Native Organizations

Association on American Indian Affairs Tribal Law & Policy Institute

Oklahoma Indian Child Welfare Association

Self-Governance Communication and Education Tribal Consortium

Co-Director, American Indian Law Program Associate Clinical Professor of Law University of Colorado Law School

Distinguished Indian Law Practitioner in Residence, Center for Indian Law and Policy

Chair, Federal Bar Association Indian Law Section

Co-Director, American Indian Law Program Associate Professor of Law University of Colorado Law School

Professor of Law, Co-Director, International Law Concentration Suffolk University Law School


On July 17 and July 24, the South Carolina Supreme Court issued two controversial orders to the state’s family court calling for an expedited transfer of Veronica Brown to the South Carolina-based adoptive couple without a hearing of best interest. It is standard procedure that all custodial transfers, including adoption proceedings, require a hearing to determine the best interest of the child in advance of any transfer proceedings, an essential step the South Carolina Supreme Court failed to take, thus denying Veronica the right to have her best interests considered. One year ago the South Carolina Supreme Court, followed the family court’s finding that it was in the best interest of Veronica to be with her father stating: “Likewise, we cannot say that Baby Girl's best interests are not served by the grant of custody to Father, as Appellants have not presented evidence that Baby Girl would not be safe, loved, and cared for if raised by Father and his family.”

Click here to read additional background on the case

Federal Civil Rights Lawsuit Filed on Behalf of Veronica Brown

Washington, DC - The South Carolina Supreme Court ruled today to deny the appeal filed by Dusten Brown and the Cherokee Nation of the Court’s July 17 order to expedite the transfer of custody of Veronica Brown to the South Carolina-based adoptive couple. One year ago, the South Carolina Supreme Court found that denying the adoption and awarding custody to Dusten Brown was in Veronica’s best interests. Today, that same Court summarily reversed that decision based on a two-year-old record and without providing a hearing for Veronica. Jacqueline Pata, executive director of the National Congress of American Indians issued the following statement in response to today’s ruling:

“The South Carolina Supreme Court has utterly failed to evaluate Veronica’s current best interests in this case and confirmed our worst fears – when it comes to Veronica Brown, standard adoption procedures do not apply. Apparently, the Court believes that there is no need to require the family court to hold a formal and thoughtful hearing to determine what is in Veronica Brown’s best interest. Like thousands of Native American children before her, Veronica now faces the prospect of being removed from her Cherokee family, without a formal consideration of her needs, her culture and her well-being. This is an alarming failure of the judicial system, and it represents a grave threat to all children in adoption proceedings, but most notably Native American children, who deserve all the legal protections, afforded any child in this nation.”

“The National Congress of American Indians refuses to stand by as the rights of this child are violated. Together with the Native American Rights Fund and the National Indian Child Welfare Association we are preparing to file litigation in order to protect Veronica’s civil rights. On behalf of all Native American children, we will pursue every legal option available to us to ensure that standard adoption procedures are upheld in this case.”

“Let me add that I believe the South Carolina Supreme Court has shown willful disregard for the facts when it claims Dusten Brown has not been involved in the life of his daughter. On the contrary, Dusten Brown has gone to extensive lengths to maintain his family and to care for Veronica. The Court’s willingness to ignore these facts and rush a resolution in this matter is deeply troubling. “

South Carolina Supreme Court Denies Rights to Baby Veronica

Lack of hearing to determine best interest driving concerns of child’s rights violations

Washington, DC – Three of the nation’s leading tribal organizations announced today they are in the early stages of pursuing litigation to protect the civil rights of Veronica Brown, a citizen of the Cherokee Nation who has been denied due process in the South Carolina courts.

Late Wednesday of last week the South Carolina Supreme Court issued a controversial order to the state’s family court calling for an expedited transfer of custody to the South Carolina-based adoptive couple without a hearing of best interest for Veronica. It is standard procedure that adoption proceedings require a hearing to determine the best interest of the child in advance of any transfer proceedings, an essential step the South Carolina Supreme Court failed to take, thus denying Veronica the right to have her best interests considered.

Leaders of the Native American Rights Fund (NARF), National Congress of American Indians (NCAI), and National Indian Child Welfare Association (NICWA) said they were compelled to begin a process to represent the rights of Veronica in the situation, based on the Court’s order.

“When it comes to adoption proceedings, every court in this country has a legal obligation to put the best interests of a child first – every time, no matter the race of the child. This did not happen here. The South Carolina Court’s order represents a perilous prospect for not only Veronica, but any child involved in a custody proceeding in this country,” said Jacqueline Pata, Executive Director of NCAI. “In a rush to judgment, the South Carolina Supreme Court ordered Veronica to be removed from her biological father without any consideration for her best interests. The decision contributes to the long and sordid history of Native American children being removed from their families without any consideration of their best interests. The National Congress of American Indians refuses to stand by as the rights of this child are violated.”

Terry Cross, Executive Director of the National Indian Child Welfare Association outlined the history of best interest determinations within the case and how they run contrary to the order issued by the court last Wednesday:

“Two years ago, both the South Carolina Supreme Court and Family Courts held best interest hearings and determined that it was in Veronica’s best interest to be with her father and that he was fit parent,” said Cross. “As a result the South Carolina Supreme Court transferred custody to Mr. Brown. The legal system worked then, but it is being ignored now. It is unconscionable that no best interest hearing has been held in conjunction with the latest transfer order. Every child deserves to have his or her best interests considered – that is a fundamental right, and one that should not be denied any child.”

The previous ruling by the South Carolina Supreme Court, ruled in favor of the father establishing that putting Veronica in Brown’s care was in best interest. No best interest has ever been established for a transfer to the adoptive couple during the entire time of the case. The organization’s pointed to the court’s findings to favor Brown, thus leading to the placement (

“The family court found persuasive the testimony that Father was a good father who enjoyed a close relationship with his other daughter…” (p.22)

“We can only conclude from the evidence presented at trial that Father desires to be a parent to Baby Girl, and that he and his family have created a safe, loving, and appropriate home for her….” (p.23)

“Likewise, we cannot say that Baby Girl's best interests are not served by the grant of custody to Father, as Appellants have not presented evidence that Baby Girl would not be safe, loved, and cared for if raised by Father and his family.” (p.26)

Additionally, the presenters addressed the issue that certain provisions of the Indian Child Welfare Act no longer applied. Cross identified that in the court’s own decision in the original case it was stated that;

‘South Carolina courts have a long history of determining custody disputes based on the "best interests of the child.”…This important history is not replaced by the ICWA's mandate.” (p.24)

The organization’s also highlighted the comments of Paul Clement the official representative for the child in the U.S. Supreme Court oral arguments, and the lawyer arguing for attorney for the Guardian Ad Litem, stating that if remanded back to the South Carolina Court there was every expectation that a hearing of best interest for Veronica must be held in order to uphold her rights;

“I'm here representing the guardian who represents the best interest of the child. From the child's perspective, the child really doesn't care whose fault it was when they were brought in one custodial situation or another. They just want a determination that focuses on at the relevant time, that time, what's in their best interest. And so in the same way that we think if you rule in our favor and you remand to the lower court that there has to be a best interest determination that takes into account the current situation,” (p.24)

 of this exchange between Clement and Justices. 

John Echohawk, Executive Director of NARF, the nation’s leading non-profit law firm which has represented the interests of Indians and Indian tribes in federal and state courts since 1970 outlined the next steps to be taken by the organizations:

As you know, the Supreme Court of South Carolina issued its order last Wednesday, and gave Dusten and the Cherokee Nation five (5) days to file their petitions for rehearing. Those petitions will be filed today.

When, as anticipated, the Supreme Court of South Carolina denies those petitions for rehearing, its order will become final and this case will be remanded to the State Family Court [quote] “for the prompt entry of an order approving and finalizing Adoptive Couple’s adoption of Baby Girl” [end quote]. As reflected in the order, the courts of the State of South Carolina can summarily terminate Dusten’s rights as a father and—without any hearing on what is in the best interests of this Indian child—and without any regard for due process of law to protect her civil rights—can remove Baby Veronica from her Indian father, her Indian family, and her Indian tribe with whom she has been living with for the past 18 months.

As Executive Director of NARF, I have instructed my legal staff to work with local counsel in South Carolina and Oklahoma to determine our best legal recourse through the federal courts to protect the rights of Baby Veronica. In this case, we strongly believe that federal civil rights laws are being violated, that other applicable provisions of the Indian Child Welfare Act are being ignored by the state courts, and that the principles underlying treaty and international law protecting the rights of indigenous peoples are being undermined.

National Native Organizations Announce Pursuit of Civil Rights Lawsuit for Baby Veronica

Washington, DC - The National Congress of American Indians (NCAI) has released the following statement regarding yesterday’s 

 calling on the South Carolina Family Court to order a transfer of custody of Baby Girl – Veronica - to the Adoptive Couple involved:

“We are witnessing the final steps in a forced removal of a Native child from her father, her family, and her Native community.

NCAI is astounded and alarmed that the South Carolina Supreme Court has issued an order to transfer Veronica, the daughter of Dusten Brown, a citizen of the Cherokee Nation, to the adoptive couple and doing so without holding a hearing to determine the best interests of the child. There is no scenario in which the best interests of this three year old child will be served by removing her from her loving father and family raising her in Oklahoma. Mr. Brown pursued his right to care for his biological daughter since the moment he learned of the adoption. A removal of the child will be extremely traumatic for her and is clearly not in her best interest.“

NCAI Statement on South Carolina Order to Remove Veronica – Baby Girl - From Father and Family

This is the first time Secretary Jewell will be addressing tribal leaders attending an NCAI Conference. Please join our 

NCAI Mid Year Conference LIVE STREAM- Department of the Interior, Secretary Sally Jewell Addresses the Third General Assembly

NCAI Statement on President Obama’s Executive Order
Establishing the White House Council on Native American Affairs

Secretary Jewell to Meet with Tribal Leaders on Thursday Morning

Reno, NV- In Washington today, President Obama signed an 

Executive Order creating the White House Council on Native American Affairs

. The Executive Order establishes “a national policy to ensure that the federal government engages in a true and lasting government-to-government relationship” with tribal nations. In advance of tomorrow’s address by Interior Secretary Sally Jewell to the General Assembly of the National Congress of American Indians (NCAI) Mid Year Conference in Reno, Nevada, NCAI President Jefferson Keel released the following statement:

“President Obama’s Executive Order represents a very strong step forward to strengthen our nation-to-nation relationship. The Council has been a top priority of tribal leaders from the earliest days of the Obama Administration. It will increase respect for the trust responsibility and facilitate the efficient delivery of government services.

The Executive Order represents an important commitment to:

Effective tribal policy development coordinated with the White House Domestic Policy Council;

Increased engagement with tribal nations and Native peoples through the White House Office of Public Engagement and Intergovernmental Affairs;

Effective and efficient consultation under Executive Order 13175; and

The ongoing success of the annual White House Tribal Nations Summit.

We look forward to working with President Obama, Secretary Jewell, and other members of the Cabinet to ensure that the Council advances our nation-to-nation relationship and builds a prosperous future for generations to come. “

The Council has been a top priority of tribal leaders from the very earliest days of the Obama Administration. At the NCAI Annual Convention in 2009, anticipating the first annual White House Tribal Nations Summit, the membership of NCAI passed 

resolution PSP-09-008 “Reaffirmation of the Nation-to-Nation Relationship.”

 The resolution called upon the President to establish an Executive Branch Nation-to-Nation Council chaired by the Secretary of the Interior.

In 2012, following the President’s successful reelection campaign, NCAI urged the President to “Create an Interagency Native Policy Council” as one of nine transformative actions that would strengthen our nation-to-nation relationship.

About The National Congress of American Indians:

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit www.ncai.org

NCAI Statement on President Obama’s Executive Order Establishing the White House Council on Native American Affairs

Reno, NV – On Tuesday June 25, President Obama and his Administration released 

an action plan to address the threats posed by climate change

. The National Congress of American Indians (NCAI) released the following statement from the organization’s national Mid Year Conference in Reno, Nevada:

“NCAI welcomes President Obama’s important plans to address climate change. American Indian and Alaska Native people live on the front lines of a changing world, where the disruptions to our natural resources caused by changes in the climate are having real and measurable effects on the livelihoods of Native people. We agree with the President that responding to the very real threat of climate change is a moral obligation to future generations.

We applaud the inclusion of tribal governments in the Task Force on Climate Preparedness and look forward to contributing our time tested insights to address the impact of climate change. NCAI recommends that tribal governments have active and consultative roles in all federally led climate task forces and initiatives, and urges consideration of a permanent climate change adaptation advisory board to oversee federal policy development and implementation. We also recommend that the Administration explicitly include traditional ecological knowledge in their work to identify approaches to address climate change.

Tribal lands possess extensive renewable energy resources and our governments look forward to partnering with the Administration to expand the development of tribal renewable energy. We also welcome efforts to expand and modernize the electric grid and call on the Administration to prioritize tribal nations as those most underserved by the electric grid.

We were heartened by the President’s comments that his decision to approve the Keystone XL Pipeline would depend on whether it would increase emissions of climate warming greenhouse gases. Tribal nations have consistently raised concerns about the environmental impact of Keystone and the absence of meaningful consultation with tribal nations. We look forward to working with the Department of State to ensure tribal concerns are fully included in the final environmental impact statement and that meaningful consultation with tribal nations precedes any final decision regarding the Keystone XL Pipeline.

We expect that the Administration’s efforts will fit hand in hand with the federal government’s obligation and responsibility to consult with tribal nations. Under the Executive Order 13175 and the UN Declaration on the Rights of Indigenous Peoples, tribal nations have the right to be involved directly in all decision-making that affects our nations and our peoples.

We look forward to working with the President and his Administration on these issues and welcome his critical leadership in this area.”

NCAI Statement on Obama Administration Plan on Climate Change

 the United States Supreme Court upheld the Indian Child Welfare Act (ICWA), but reversed and remanded this case back to the South Carolina courts on a technicality. The narrow decision focused on the standard to determine whether this particular father’s parental rights could be terminated.

Jefferson Keel, President of the National Congress of American Indians delivered the following statement from the organization’s Mid Year Conference in Reno, Nevada:

“Today’s decision sends a clear message that there is no question of ICWA’s role as the most important law to protect Native children and families. The decision also affirms Congressional authority to protect Indian Children.

While we are pleased the court has upheld ICWA, we’re very disappointed for Dusten, Veronica, and the Brown family that the court has ruled to send the case back to the South Carolina courts on a technicality. However, the courts in South Carolina have previously affirmed that Dusten Brown is Veronica’s father and that he is a fit parent. We are confident that his parental rights will be upheld, and that Veronica will stay with her family.

We remain committed to Native families and we will continue to support Dusten Brown’s fight for his rights as a father and for Veronica to remain with her loving father, grandparents, and community. Dusten loves his daughter and has never given up in this process, and neither will we. “


In mid-April of 2013, the Supreme Court Justices considered an appeal by the South Carolina couple and their lawyers to the South Carolina Supreme Court decision which held the following;

1. that it was in Veronica’s best interests to be placed with her father;
2. that ICWA applied and was not unconstitutional;
3. the "Existing Indian Family" doctrine was inapplicable as an exception to the application of the ICWA in this case;
4. that the father did not voluntarily consent to the termination of his parental rights or the adoption;
5. the Appellants failed to prove by clear and convincing evidence that Father's parental rights should be terminated or that granting custody of Baby Girl to Father would likely result in serious emotional or physical damage to Baby Girl.

In advance of the oral arguments, support for the position to uphold the lower court rulings and the protections of ICWA was characterized as historic. U.S. Solicitor General Donald Verrilli and 19 states and state attorneys general were joined by 

a large array of groups who submitted 24 separate briefs

 in all. Not one state submitted briefs in support of 

.

The overwhelming support included 17 former and current members of Congress; Casey Family Programs, the Children’s Defense Fund, and 16 other child welfare organizations; the American Civil Liberties Union; broad coalitions of psychology associations, child advocates, and legal experts; adult Native American adoptees; and tribal amicus briefs which include 333 American Indian tribes.

Two national tribal amicus briefs were submitted. The first, focused on the legislative history and importance of ICWA, was submitted by the Association on American Indian Affairs, NCAI, and the National Indian Child Welfare Association (NICWA), who were joined by 30 Indian tribes and five Indian organizations. A second national tribal amicus brief addresses the constitutional issues raised by the petitioners and also includes 24 tribal nations and organizations. The members of the Tribal Supreme Court Project—Native American Rights Fund (NARF) and NCAI—in partnership with NICWA, joined together to organize the briefs in support of the father.

U.S. Supreme Court Upholds Indian Child Welfare Act in Adoptive Couple v. Baby Girl

In lead up to 2014 World Conference on Indigenous Peoples tribal nations engage in global dialogue concerning the Declaration on the Rights of Indigenous Peoples

 Indigenous governments, including the tribal nations of North America, are seeking an official status within the United Nations in the lead up to the High Level Plenary to be known as the World Conference on Indigenous Peoples (WCIP) in New York City in September of 2014.

In late May of 2013 during the United Nations Permanent Forum on Indigenous Issues in New York City, more than 72 tribal nations and ten Indian and Native Hawaiian organizations – including NCAI, called on the UN to adopt rules to recognize the “regular and permanent status” of constitutional and customary Indigenous governments at the UN and become fully inclusive of all Indigenous governments. More specifically, the joint statement (download) made three recommendations for consideration leading up to the WCIP:

That a new monitoring body be incorporated within the UN to help guide implementation of the Declaration by members states of the UN;

That the UN take action to address the issue of violence against Indigenous women, including convening a high-level conference to discuss this matter, ensuring any monitoring mechanism of the Declaration pay particular attention to Article 22, and to appoint a Special Rapporteur with a specific focus on violence against Indigenous women and children; and

That the UN take action to give constitutional and customary governments of Indigenous Peoples a dignified, permanent status within its processes, which acknowledges their rights as self-governing nations.

In a global meeting held last week in Alta, Norway, tribes continued to advocate that the UN adopt rules to recognize the “regular and permanent status” of constitutional and customary Indigenous governments at the UN and become fully inclusive of all Indigenous governments.

Currently, Indigenous governments have no official status in the UN. Non-governmental organizations (NGOs) are given a formal ‘consultative status” in UN processes and are relied upon in matters affecting Indigenous Peoples, while the elected or traditionally appointed governments of Indigenous Nations are often denied an active role in discussions affecting their people.

The global meeting in Alta was held to prepare for the UN’s High Level Plenary Meeting to be held in September 2014, and produced an Outcome Document (download) with recommendations for the implementation of the UN Declaration on the Rights of Indigenous Peoples with input from 7 Indigenous caucuses from throughout the globe. Recommendation 2.10 states:

Pursuant to the universal application of the right of self-determination for all Peoples, recommends that the UN recognize Indigenous Peoples and Nations based on our original free existence, inherent sovereignty and the right to self-determination in international law. We call for, at a minimum, permanent observer status within the UN system enabling our direct participation through our own governments and parliaments. Our own governments include inter alia our traditional councils and authorities.

Participating in the Alta Meetings were – Chairman John Sirois, Confederated Tribes of the Colville Reservation; Chief John Giesbrecht, Kwikwetlem First Nation; Chief Wilfred King, Gull Bay First Nation; and Dwight Witherspoon (Tribal Council Representative) and Leonard Gorman (Executive Director, Navajo Nation Human Rights Commission) on behalf of the Navajo Nation.

Frank Ettawageshik (Little Traverse Bay Bands of Odawa Indians, Executive Director, United Tribes of Michigan) also participated as an official delegate of the National Congress of American Indians (NCAI).

Statement of the National Congress of American Indians (NCAI):

“The tribal nations that participated in these meetings helped continue the push for full and effective participation for Indigenous nations in the UN. NCAI has an NGO status with the UN, yet believes that tribes should be afforded their full and effective status, and is committed to acting as a resource for tribes wanting to participate in UN discussions. NCAI insists that Indigenous nations need an active, direct voice within the UN, especially considering that Indigenous nations remain at the forefront of the world’s most challenging issues - from climate change to poverty. To recognize the autonomy of Indigenous governments and afford them a rightful seat at the table is a critical step to fully implementing the Declaration on the Rights of Indigenous Peoples. NCAI is committed to providing technical assistance to tribes in making the push for each of these issues. Each of these recommendations remains a priority for Indigenous nations as we move forward toward the 2014 WCIP. “

Indigenous Nations Call for Full and Effective Participation of Indigenous Nations in United Nations

NCAI Supports Fixes in Native American Vets' Memorial Act of 2013

Bill allows for more flexibility for National Museum of the American Indian (NMAI) to assist with the completion of the Memorial

Washington, DC – The National Congress of American Indians (NCAI) is supporting new legislation introduced by Senator Schatz of Hawaii to clarify the Native American Veterans’ Memorial Establishment Act of 1994, amending the bill to allow for the completion of the long standing project. The project has encountered a number of obstacles since the legislation’s passage, including limitations placed on the involvement of the National Museum of the American Indians (NMAI). The new language removes a number of technical barriers that have hindered completion and allows for the memorial to be built adjacent to NMAI, not inside the Museum as originally proposed. Additionally, NMAI would be able to participate in raising funds for the effort.

“It is essential that we fulfill Senator Inouye and Indian Country’s vision for a memorial to honor the service and sacrifice of our Native American service members. NCAI supports the amendments to the Native American Veterans’ Memorial Establishment Act of 1994, which will make the memorial a reality and allow for it to be built on the property of the National Museum of the American Indian,” said Jefferson Keel, President of NCAI and a decorated veteran. “Most importantly, this bill allows for more flexibility for tribal nations and the United States to work together to honor the contributions and sacrifices of American Indian, Alaska Native, and Native Hawaiian military service members and veterans. As a Native veteran myself, I look forward to the day my fellow veterans are recognized for their contributions to protecting the sovereignty of tribal nations and the United States.”

2012 report released by the Department of Veterans Affairs

more than 154,000 Veterans identify themselves as solely American Indian and Alaska Native;

Over 44,000 Native Americans served between 1941 and 1945. The entire population of Native Americans in the United States was less than 350,000 at the time;

More than 42,000 Native Americans served in the military in the Vietnam Era, and over 90 percent of these Service members were volunteers.

New Native Veterans Memorial Bill to “Make Memorial a Reality”

Draft Environmental Impact Statement doesn’t address potential impact to tribal water resources, sacred places, and lacks plans for emergency response coordination with tribes

Washington, DC - The National Congress of American Indians (NCAI) has released 

 by the organization the week of April 22, 2013 to the U.S. Department of State in response to the Draft Supplemental Environmental Impact Statement (DSEIS) For the KEYSTONE XL PROJECT Applicant for Presidential Permit: TransCanada Keystone Pipeline, LP released on March 1, 2013. The responding documents includes a letter from NCAI and fourteen pages of comments, including Google Earth Maps showing the proximity of the pipeline to tribal nations and natural resources.

In the letter, NCAI outlines the organization’s concerns and absence of vital information regarding vulnerabilities and potential impact of the pipeline on tribal nations:

“While grateful for the opportunity to submit these comments, it is with great concern that NCAI submits our comments related to the proposed construction of the Keystone XL Pipeline and the DSEIS. NCAI has a number of environmental impact concerns, which are detailed in these comments, and is calling on the U.S. Department of State to adequately address and mitigate these concerns pursuant to requirements established by Executive Order 13175 for consultation with tribal governments.

The following are points of concern offered by NCAI:

1.) Potential Environmental Impacts to Tribal Natural Resources, Water Quality, and Water Supply Systems;
a. Surface Water and Groundwater Impacts Identified by the DSEIS
b. Threats to Tribal Water Systems & Water Quality: Major Waterbody Crossings
i. Missouri River Crossing - Fort Peck Tribes of Assiniboine and Sioux Tribes = Milepost(MP) # 89.6
ii. Cheyenne River Crossing - Cheyenne River Sioux Tribe – MP #430.07

c. Threats to Tribal Water Systems: The Mni Wiconi Rural Water System

2.) Potential Impacts to Native American Sacred Places;

3.) Concerns with Spill Prevention Control and Countermeasure Plan and Emergency Response Plan Sections

4.) Consultation With and Opposition by Tribal Governments”

Additionally the letter goes on to state:

“As a result of the findings included in our comments, NCAI is calling on the U.S. Department of State, to include in the final version of the SEIS critical information pertaining to tribal nations that is missing in the DSEIS. Noting that further consultation is required and ongoing by the federal government, the U.S. Department of State should engage in further consultation immediately pursuant to Executive Order 13175.

In total, if these concerns are not addressed sufficiently or mitigated to the fullest extent, it is in the best interest of the United States to reject the Keystone XL pipeline permit solely on the basis of the federal trust responsibility to tribal nations. The project as outlined in the DSEIS poses tremendous risks to the cultural and natural resources of tribal nations and is not in the best interest of the tribal nations and their citizens.

The United States has treaty and trust responsibilities to protect tribal lands from hazards and threats posed to tribal nations and non-Native citizens, which will also be impacted by the Keystone XL pipeline.”

NCAI Releases Public Comments Submitted to U.S. Department of State on Keystone XL Pipeline

Nurse-Midwifery Student Brittany Simplicio (Navajo) Receives Award

“Healthy Native children and families are essential to strong tribal nations,” said NCAI President Jefferson Keel. “We commend Ms. Simplicio for her commitment to strengthening the health of our nations’ youngest members and their mothers, and we look forward to assisting her in her professional development and her ongoing efforts to improve Native health as a nurse-midwife.”

Throughout her Master’s program, Ms. Simplicio has been devoted to serving Native communities. Her clinical rotations have largely been on the Navajo Nation, both at the Northern New Mexico Medical Center in Shiprock, New Mexico, and the Tsehootsooi Medical Center in Fort Defiance, Arizona. Together with her mentor, Nicolle Gonzales, she is also spearheading efforts to establish a sustainable birth center in northern New Mexico that would serve Navajo, Pueblo, and Apache families and bring a traditional birth option back to the Native community. In addition, Ms. Simplicio mentors diverse high school students in preparing for higher education as a tutor at the College Enrichment and Outreach for College Readiness Program.

In its second year, NCAI's Native Graduate Health Fellowship is a part of NCAI's commitment to equipping the next generation of Native leaders. NCAI received nearly 40 applications from students representing 18 tribes. A review committee comprised of NCAI staff and key leaders in Native health selected the Fellow, as well as two finalists, on the basis of demonstrated commitment to American Indian and Alaska Native health, academic achievement, and community leadership. The program aims to build a pipeline of Native health professionals who can support tribal sovereignty and who are prepared to lead in promoting health policies and practices that address the unique needs of American Indians and Alaska Natives.

NCAI deeply appreciates the generous support of Robert Burnette and the Seventh Day Adventist Church in helping to sustain the fellowship. The Klamath Tribes, the Kiowa Tribe, the Ketchikan Indian Community, and the Jamestown S’Klallam Tribe also pledged a combined $4,000 to help sustain the Fellowship’s endowment. NCAI is planning to expand this Fellowship into other high-need areas in Indian Country, such as education and economic development. For more information about supporting the Fellowship, contact Peter Morris at (202) 466-7767 or 

Native American Midwife Student Awarded 2nd Annual NCAI Graduate Health Fellowship

Expanded Native Financial Education Initiative beginning in April 2013, Financial Literacy Month

 In recognition of National Financial Literacy Month in April, the National Congress of American Indians (NCAI) is announcing the expansion of its Native Financial Education Initiative, including support of the Native Financial Education Coalition (NFEC) and targeting education activities with tribes across Indian Country. The announcement comes during Financial Literacy Month, established in 2004 to teach the general public practical financial skills and distribute useful financial tools. NCAI’s expanded financial education efforts are focused on strengthening financial education in Indian Country. 

“April is a time to bring a spotlight on the promising practices of tribes and Native organizations working to build financial capability in Native communities. We are learning through the partners of NFEC about exciting efforts in Indian Country. However, we all realize that more financial education must happen. Forty-two percent of our population is under the age of 25. More can always be done to help Native youth be financially successful. We encourage all of Indian Country to join these efforts as we celebrate National Financial Literacy Month this April,” said Sherry Salway Black Director of NCAI’s Partnership for Tribal Governance. “The NFEC efforts moving forward will help bring together Indian Country and share best practices for advancing our individual and institutional financial capabilities.”

The NFEC, originally started in 2000 through a Treasury Department initiative, is now being re-established initially as part of NCAI’s

Financial Education Initiative and with support and participation from partners. The NFEC is a working group of partners recognizing, expanding and enhancing the financial capability in Native communities. Partner organizations include tribes, tribal organizations, national, regional, local Native and non-Native organizations, financial institutions, federal agencies, and others interested in Native financial education.

During April, key activities of the Coalition will be to identify the many federal agency financial education activities, distribute a financial toolkit for tribal leaders, identify local events at the tribal and Native community level, identify best/promising practices, and engage tribal leaders. NFEC will provide updates throughout the month of April about local tribal centric events and trainings to foster community involvement.

NCAI’s Native Financial Education Initiative provides information for tribes and their citizens to enhance financial capabilities in Indian Country - including the work of the Native Financial Education Coalition, Financial Literacy Month (April), and NCAI's Protect Native Money Campaign and Tribal Exchange Stock Market Game. NCAI launched the “Protect Native Money” campaign in September 2012 following a number of large financial settlements in Indian Country to increase consumer financial protection in Indian Country.

More about NFEC and NCAI’s Native Financial Education initiative can be found at: 

http://www.ncai.org/initiatives/nativefinancial-ed

New Financial Education Tool Kit and Native Financial Education Coalition Effort

Concerning Cuts to Contract Support Costs and School Construction, Promising Signs of Commitment to the Trust Responsibility in Law Enforcement, Health, and Natural Resources

Washington, DC – The National Congress of American Indians (NCAI) has released an in-depth analysis of President Obama’s 2014 Budget Request. The organization is deeply concerned about proposed cuts that threaten recent progress in critical areas. The most concerning budget cuts include: unilateral reductions in contract support services – legally binding costs for services delivered by tribes in place of the federal government, education and school construction cuts, and reduced spending on low-income housing.

“We see signs of hope in the President’s proposal to replace the sequester and expand investments to enhance tribal law enforcement and strengthen the Indian Health Service but now is not time to slow the progress we have seen in Indian Country. The federal government must live up to its obligations in critical trust responsibility areas like contract support costs, education, and housing,” said Jefferson Keel, President of NCAI. “We’ve experienced decades of the federal government falling short, and while we understand the limitations of the federal government, the federal trust responsibility to tribal nations and our peoples, is not a line item.”

NCAI and tribes have called for the sequester to be 

, since it threatens the trust responsibility and reduces portions of the budget that are not major contributors to the deficit. Promising signs in the President’s budget request, include the following actions to strengthen tribal nations:

 Increases for public safety initiatives in Department of Justice and Bureau of Indian Affairs.

 A small overall increase in the IHS budget and increases for IHS contract health services.

 An increase for Environmental Protection Agency’s General Assistance Program.

 $32 million in increases for natural resource programs in BIA.

 Language to provide a no-cost economic development and jobs creation solution for restoring land to tribal governments impacted by the 

 Supreme Court decision is included in the Department of Interior general provisions of the President’s budget.

NCAI will work to ensure that the federal programs that fulfill the trust responsibility to tribes receive bipartisan support in the appropriations process.

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