How will reparations be allocated?
Native American Trust Fund: money belonging to individual Indians was pilfered, skimmed, redirected or thrown in with general government funds by the United States department of Interior or its appointed representative.
Things to think about:

  • Who will exactly receive reparations and in what form. Should everybody receive payments from the government simply because they have Indian blood (ethnic purity)?
  • Where will the money come from to fund such programs (taxes or company donations)?
  • Should those who lived during the time of when treaties were broken receive a monthly pension for the rest of their lives?
  • How do you pay those who did not directly suffer?
  • Will there be a certain age where people start receiving payments?

Against Reparations:
  1. The question of reparations puts at risk the legitimacy of the United States’ existence. How can the USA exist if it must pay reparations for land seizure? (Corlett 149)
  2. Some Indians drove off other Indians from lands. The US is not responsible for all atrocities. (Corlett 160)
  3. Native Americans already qualify for affirmative action. (Corlett 164) There already has been Indian reparations, from the past. (Corlett 170)
  4. Indians had no conception of land rights; therefore, how can the US compensate for something the Indians had no concept of. (Corlett 165)
  5. Americans did not illegally acquire land, americans have settled and developed it. Americans have gained a moral right to the land. (This is called the Acquired Rights trumping Original Rights Argument). (Corlett 171)

Source used: Corlett, J. Angelo. Race, Racism and Reparations. Ithaca, NY: Cornell University Press, 2003.


Human rights and humanitarian treaties: The right to effective remedy and duty to provide reparation
International Covenant on Civil and Political Rights
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.


International Convention on the Elimination of All Forms of Racial Discrimination
Article 6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.


The United Nations Convention against Torture

Article 14

  1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.
  2. Nothing in this article shall affect any right of the victim or other person to compensation which may exist under national law.

Hague Conventions respecting the Laws and Customs of War on Land
Art. 3. A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.


Protocol Additional to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts
Art 91. ResponsibilityA Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.

Why should Native American receive reparations and not African Americans?
In U.S. law, the difference between the Native American tribes and the descendants of slaves is that the tribes are and always have been seen as nations; what is being enforced in the courts are actual legal treaties with the tribes (as nations) that the U.S. government ratified years ago. The legal entities involved are the tribes and the U.S. Federal government. There simply is no such straightforward legal basis for the claims of descendants of slaves, as slavery was legal (if deplorable) until emancipation, and the U.S. government made no binding treaties with slaves in any tribal or national sense. That's why the law is different, in any case, regardless of whether there might be a kind of moral symmetry between the two cases.
Both where mistreated in the past; one had their land taken while the other was taken from their land; slavery, killings and other atrocities were experienced by both however todate, our Native Americans recieve restitution from the government while our African Americans do not. Our Native Americans have reservations at which some laws do not apply; our African Americans do not. Many of our Native Americans live, work, pay their share of taxes and adhere to laws outside the reservation boundaries and may even do so by choice. Our African Americans dont have that option and nor should they since we are "one nation". All Americans should be held to the same standards. Many of our American people regardless of back grounds were mistreated in the past; Mexican Americans, Japanese Americans, African Americans, ect and are not receiving restitution; why should our Native Americans be any different?
is there anyway to get the years that these laws/protocols were put into place? knowing that would strengthen the argument either way.
From Josh Murkens:
Here are some websites with useful number about why the Native Americans need reparations:

Alcohol and Drug Abuse
http://www.oas.samhsa.gov/2k10/182/AmericanIndian.htm
Health Stats
http://www.cdc.gov/nchs/fastats/indfacts.htm
Health Care Coverage
http://www.usccr.gov/pubs/nahealth/nabroken.pdf
Various Statistics
http://www.nativevillage.org/Messages%20from%20the%20People/Population%20statistics.htm

Poverty
http://www.spotlightonpoverty.org/ExclusiveCommentary.aspx?id=0fe5c04e-fdbf-4718-980c-0373ba823da7

Most Populous Indian Reservations Unemployment
Pine Ridge Reservation SD,NE
http://www.backpacksforpineridge.com/Stats_About_Pine_Ridge.html

Fort Apache Reservation
http://old.azcommerce.com/doclib/COMMUNE/ft%20apache.pdf

Gila River Indian Reservations
http://www.cba.nau.edu/caied/gila2005.pdf