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University of Arizona SJD candidate Michelle Cook (far left), joined by LaDonna Brave Bull Allard, Tara Houska, and Jackie Fielder in Norway as part of DAPL divestment delegation. *Image courtesy of Teena Pugliese, Women's Indigenous Media

The International Human Rights Workshop at University of Arizona Law’s Indigenous Peoples Law and Policy Program is working with the Water Protectors Legal Collective to develop an international human rights response to the legal and human rights concerns facing “water protectors” demonstrating against the Dakota Access Pipeline (DAPL) in Standing Rock, North Dakota.

Under Professor of Practice Seanna Howard’s direction, law students in the International Human Rights Workshop are conducting research and developing legal strategies to engage international and regional human rights bodies, including United Nations mechanisms and the Organization of American States, Inter-American Commission on Human Rights.

“As legal remedies are pursued domestically, it is vital to simultaneously bring attention internationally to the violation of the constitutionally protected right to peaceful protest,” said Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and Faculty Co-Chair, Indigenous Peoples Law and Policy Program. “Petitioning international human rights bodies will provide a new forum to voice the concerns of those participating in the No DAPL movement.”

The collaboration between the Indigenous Peoples Law and Policy (IPLP) Program and the Water Protectors Legal Collective (WPLC) is planned to support the legal efforts of the water protectors seeking judicial relief for violations of their civil and human rights. It will take the form of a comprehensive report addressing issues such as suppression of peaceful assembly and free expression, criminalization of dissent, protection of human rights defenders, and the role of extractive industries in the violation of indigenous peoples’ human rights.

IPLP faculty and students contributing to landmark human rights advocacy projects is a pillar of the IPLP Program. Students in IPLP clinical projects have been involved in precedent-setting human rights cases supporting indigenous communities in the U.S., Canada, Mexico, Belize, Nicaragua, Brazil, and the Congo.

IPLP Student Meets with European Officials During DAPL Divestment Campaign

The Human Rights Advocacy Workshop is working alongside IPLP Doctor of Juridical Science (SJD) candidate Michelle Cook (Diné/Navajo), a founding member of the WPLC. Cook is also a member of the Women’s Earth and Climate Action Network divestment campaign, which recently met with officials from across Europe to encourage some of the world’s largest financial institutions to withdraw financial support from DAPL.

Cook and other members of the divestment delegation met with officials from Norway, Switzerland, and Germany to share their experiences on the front lines of the DAPL movement and urge divestment from the financial institutions providing funding to the DAPL. International banks and financial institutions in these countries are part of 17 banking entities that direct and facilitate the flow of global capital necessary to finance, advise, insure, and provide credit to extractive industry projects like the DAPL.

Reflecting on the experience as a member of the divestment delegation Cook said, "Norway is one of the largest investors in oil and gas development in the world. Indigenous peoples’ lands and territories are often ground zero for energy development. Therefore, requesting Norway's banks and financial institutions to uphold indigenous peoples’ human rights in oil and gas investments is critically important in advancing and protecting indigenous peoples’ rights to self-determination, consultation, consent, and cultural survival. I hope that these delegations develop a practice and expectation among financial institutions that if they invest in projects or companies that negatively impact indigenous peoples’ rights, they can expect indigenous peoples to show up asking for accountability and divestment.”

Indigenous Governance Program Focuses on Indigenous Food Sovereignty, Economic Development

In response to growing interest in how indigenous food systems, traditional knowledge, and economic development can drive Native Nation building, the University of Arizona’s Indigenous Governance Program (IGP) and University of Arizona Law’s Indigenous Peoples Law and Policy (IPLP) Program are offering new courses.

As part of the January in Tucson curriculum, IGP and IPLP will offer three new courses: Indigenous Food Sovereignty, Tribal Business Law, and Business Ethics and Indigenous Values. Read the full article.

Arizona Law Alumna Named AAIA Executive Director

Shannon Keller O’Loughlin (’01) has been named executive director of the Association on American Indian Affairs (AAIA), a nonprofit advocacy organization whose mission is to improve the well-being of American Indian and Alaska Natives in the areas of education, health, children and youth, environmental and cultural preservation, and tribal sovereignty.

Since the inception of the Association on American Indian Affairs, the organization has played a leading role in the passage of milestone legislation including the Indian Child Welfare Act, the Native American Graves Protection and Repatriation Act, and the Tribal Governmental Tax Status Act and has successfully negotiated multiple agreements to protect sacred lands for tribal communities. Read the full article.

IPLP Hosts Maori Faculty from Te Piringa Faculty of Law

On October 17-18, faculty from the University of Waikato, Te Piringa School of Law visited Arizona Law to discuss further research collaboration and student exchanges between Te Piringa and IPLP. The Te Piringa faculty delegation included Dean Wayne Rumbles, Associate Professor Dr. Valmaine Toki, Associate Professor Linda Te Aho, and Associate Dean Dr. Keaka Hemi.

IPLP SJD Student Presents in Columbia

Carmen Mestizo, an IPLP SJD candidate, presented at two international conferences at the end of September. The first conference was “Rethinking and Renewing the Study of International Law in/from/about Latin America.” The second conference was titled “Constitutional Law and Globalization.” Both conferences were hosted in Bogota, Colombia, where scholars from several countries gathered. At both conferences Carmen presented a paper on contributions made by the indigenous peoples’ movement in Latin America to the United Nations Declaration on the Rights of Indigenous Peoples.

Reflecting on the conferences Carmen said, “These conferences were very important for my dissertation and great career development experiences. The keynote speakers were prominent figures in international law. Among the attendees were Professors Martti Koskenniemi (Finland), Antony Anghie (Sri Lanka), and Anne Orford (Australia). Their speeches added new insights to my dissertation. In addition, the Latin American academics presented interesting new approaches to international law. I particularly liked the work of Professor Amaya Álvez (Chile), an indigenous academic of the Mapuche people. As a result of the conference on international law, I expanded my network and was invited to talk at the conference on constitutional law and globalization during the same week. I am really proud and grateful for the opportunity.”

Judge Diane Humetewa Visiting Arizona Law

Join the University of Arizona Native American Law Students Association on November 9 for a conversation with Judge Diane Humetewa, the first Native American woman confirmed to the federal bench.

Thursday, November 9, 6 P.M.

James E. Rogers College of Law, Room 168
1201 E. Speedway
Tucson, Arizona 85721

Indigenous Peoples Law and Policy Program Distinguished Alumni Speaker Series

Join us November 13 at noon in the faculty lounge (room 237 of the law school) for “Promoting Tribal Sovereignty at the Navajo Nation Department of Justice” for a conversation with IPLP graduate Katherine Belzowski (LLM, ’11) on her work as a senior attorney at the Navajo Nation Department of Justice (DOJ), where she works in the Litigation & Employment Unit.

At the Navajo DOJ, Katherine has been council of record in Carter v. Washburn, a case challenging the constitutionality of ICWA, and Navajo Nation v. San Juan County, a case before the U.S. District Court of Utah challenging the voting district in San Juan County. Katherine has argued on behalf of the Navajo Nation in tribal, state, and federal court.

IPLP Faculty News

September 27: Professor Rebecca Tsosie co-presented at the Rocky Mountain Mineral Law Foundation Institute Indian Law and Natural Resources with James S. Anaya, Dean and Charles Inglis Thomson Professor at the University of Colorado School of Law and former Faculty Co-Chair of the IPLP Program. The topic of their presentation was “International Indigenous Peoples Issues and Federal Indian Law.” The presentation focused on how international law related to indigenous peoples is influencing federal law and consultation policies and how engaging international human rights bodies can be a successful strategy to address indigenous rights in the United States.

September 28: Professor Tsosie was a featured panelist for "Walling Off Rights: A Border Wall’s Impact on Property and Tribal Rights." Professor Tsosie spoke about the need to reconfigure the legal doctrine of Native Nations as domestic dependents of the U.S. government. Tsosie spoke alongside David Garcia, former tribal councilman of the Tohono O'odham Nation, who shared how the proposed wall will gravely harm indigenous peoples spiritual, economical, and personal well-being.

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International Human Rights Workshop Partners with Water Protectors Legal Collective