In an effort to recognize past abuses of native peoples by the U.S. government, Congress is considering approval of S. J. RES. 4 commonly referred to as the "apology bill." The joint resolution would apologize for past government misdeeds towards Native Americans. The resolution would, "acknowledge a long history of official depredations and ill-conceived policies by the United States government regarding Indian tribes, and offer an apology to all Native Peoples." This is the third congressional session that Senator Brownback (KS) has introduced the resolution.
HISTORICAL PRECEDENT:
Such a gesture falls in the tradition of acknowledgement of past behavior by the U.S. government such as the apology in 1988 to Japanese Americans put in detention camps during World War II and the apology to Native Hawaiians in 1993 for the unlawful overthrow of the Hawaiian Kingdom. In 1998, Canada apologized to its native peoples. Nothing in the pending resolution provides monetary compensation or reparations to tribes. The resolution is a formal apology, but the joint resolution notes that it does not authorize any claim against the United States or serve as a settlement of any claim against the U.S.
S. J. RES. 4 and its companion bill H.J. Res. 3 represent an ongoing attempt by some in Congress to put the federal government on record about past events by extending an official apology to tribal governments and to American Indian and Alaska Native families. In contrast with the major Holocaust Memorial building in Washington, DC about death and degradation of Jews in Europe, this resolution would be a modest acknowledgment of a past history of death and degradation of indigenous people in the U.S. Besides looking backward, the resolution looks forward to strengthened government-to-government relationships, an egalitarian partnership, and a sense of spiritual reconciliation and harmony. A joint resolution is a legislative tool used to formally express the opinion of both the Senate and the House of Representatives. The Native Hawaiian "apology bill" initially began as a joint resolution. Joint resolutions do not normally have the same force of a public law, but can be signed by the President as an official enactment.
CONTENT OF PROPOSED APOLOGY:
The Apology Resolution outlines the importance of tribes in the founding and expansion of the United States. It specifically mentions the contributions of tribes to the settlers of Jamestown, VA, in 1607 and as guides for the Lewis and Clark expedition in 1804. The resolution also acknowledges the suffering of Native Americans in The Trail of Tears; military massacres, such as Wounded Knee in 1890; and U.S. reservation policy.
In brief, the resolution makes several statements; among them are:
1. Tribes have a special political and legal relationship with the United States;
2. Native peoples have been stewards and protectors of the land for thousands of years;
3. The United States has broken treaties and covenants, made ill-conceived policies, and deprived Indian tribes of their rights;
4. Apologizes to all native people in the United States, "for instances of violence, maltreatment, and neglect inflicted on Native Peoples by citizens of the United States;"
5. Expresses regret and a commitment that the United States will build upon positive relationships with native people so that all people will live harmoniously with one another and the land;
6. Urges the United States President to acknowledge the offenses committed by the United States against Indian tribes; and
7. Commends current state governments’ reconciliation efforts and encourages other states to develop a healing process with Indian tribes.
REACTION OF NATIVE AMERICANS:
The idea of an official governmental apology has received mixed reactions by tribes in Indian Country. Tribes are ambivalent about the resolution because they believe that lawmakers continue to make policies that are harmful to Indian Country. Those who oppose the official apology point to continuing injustices in the government’s treatment of Indians such as the under-funding of critical Indian programs in health, housing and education. Supporters of the joint resolution see it as an opportunity to acknowledge past abuses and to move toward true reconciliation. The National Congress of American Indians, the oldest and largest tribal organization in Washington, DC, has encouraged tribes and native peoples to contact their members of Congress and express their personal opinions on the resolution. Joe Shirley Jr., President of the Navajo Nation said, "Sometimes a metaphorical clean slate is needed to build a better foundation for the future of relations between Native Nations and the United States."
The reaction of the Navajo Nation and many other tribes is similar. They appreciate and support the apology. They understand it is a first step forward in acknowledging not only past wrongdoing but also current obligations unfulfilled by the federal government. However, they do not view the apology as a priority in comparison to securing adequate funding for Indian Country and addressing current concerns. Native Americans are not saying that money is the sole solution. Respect is important and that is why an official apology from the U.S. government has merit. However, no one wants a token gesture. Instead, the rights of tribes must be respected today.
PROSPECTS FOR PASSAGE:
At the end of the 109th Congress the Native American Apology resolution was hotlined in an attempt to pass it by unanimous consent, but a hold was placed that prevented this from happening. This session supporters hope to see it reach the floor for limited debate and a vote. The Apology resolution (S.J. Res. 4) was marked up and sent forward in a business meeting held by the Senate Committee on Indian Affairs on May 10, 2007. The bill currently has nine co-sponsors.
SUGGESTED ACTION:
The floor debate on the apology resolution will generate opposition from people with quite different perspectives even though it is a simple resolution expressing a sense of the Senate and House, an opinion not a law. It is doubtful that the resolution will not pass without support from the religious and civil rights communities. Native Americans should not have to lobby for an apology for themselves. This resolution must be the product of a campaign by non-Native citizens.
Contact your senators and representative. Express YOUR views about official governmental apologies and about the pro's and con's of this apology to Native Americans. Discuss whether you think a strong resolution of apology will be helpful in creating better relationships between Native and non-Native people and will raise consciousness, as the Holocaust Memorial has made people think about values, or whether you think an apology resolution will rekindle public animosities towards Indians and discussions of reparations and apologies for other groups. Let your representatives in Congress know what you or your organization think about S.J. Res. 4 and H.J. Res. 3 If you think an apology is long overdue, organize others to contact those on Capitol Hill.
Be aware that discussion of this resolution provides an excellent opportunity to ask your senators and representative to focus on urgent quality of life and social justice issues important to Indian Country including adequate health, housing, and education programs and repayment of the billions of dollars of their own land profits owed to Individual Indian Money trust account holders by the Department of Interior. Tell your representatives that ill treatment and unfairness should not continue today. It would be ironic if the U.S. had to apologize for today's actions or inactions in the future.
Read a related article to find out more on the history of apologies
