UPDATED September 28, 2024

The United Nations has once again intervened in the Nooksack human rights calamity, in unprecedented fashion.

In each of the last three years, United Nations human rights officials have decried human rights violations against over 60 Indigenous persons at Nooksack.

Last Friday, the UN criticized the United States and Nooksack governments for failing to substantively respond to its two prior interventions regarding the violated property rights of seven families, “who self-identify as Indigenous Nooksack, but had been disenrolled from Nooksack tribal membership.” The UN is also expressing concern about “fair trial violations” at Nooksack.

Each UN intervention, one after the next, is unprecedented, both in Geneva and the United States. That is because a great many human rights advocates are highly deferential to Tribal sovereignty and otherwise afraid to criticize Tribal nations for human rights abuse.

The UN’s Tribal Interventions “Never Before Seen”

Prior to 2022, at Nooksack, the UN had never before waded into what federal and tribal officials in the United States blithely call “an internal matter.” As the Seattle Times explained in 2023:

Eric Eberhard, a University of Washington School of Law professor and an expert on Native legal issues, has never before seen U.N. experts wade into “what might be viewed as an internal tribal matter,” as opposed to a disagreement between a tribe and the U.S. Not once, let alone twice, he said.

A few passages from the UN’s 2023 communication to the State Department are incisive, and historic.

The UN explained “that all level of state authorities, national, regional, local, Parish, Tribe, and any other, have to abide by national and internationally recognized human rights law and standards and that the national Government has the duty to oversee that this takes place.”

The UN also “emphasize[d] that States and indigenous authorities share the responsibility for ensuring that processes and decisions by indigenous authorities accord with international human rights, particularly in the context of possible conflicts between the rights and interests of individual indigenous members and the collective rights and interest of an indigenous people or community.”

In what may prove over time to be a watershed moment in domestic Indigenous human rights protection vis-a-vis Tribal nations, the UN proclaimed: “indigenous institutions and justice systems have an obligation to comply with international human rights standards.”

Also prior to 2022, the UN had never before intervened with a Tribal nation that had violated internationally recognized human rights laws.

In its 2023 communication to the Nooksack Tribe, the UN “emphasize[d] that the UNDRIP protects both individual and collective rights of indigenous peoples and that it needs to be interpreted as complementing - and not acting contrary - to the principles of justice, democracy, respect for human rights, equality and non-discrimination, good governance and good faith.”

The UN’s interventions at Nooksack are believed to represent Geneva’s first application of the UNDRIP’s individual rights provisions to Tribal nations, which generally stand above reproach in civil and human rights communities.

In 2021, U.S. Interior Department Secretary Deb Haaland testified before the UN, proclaiming: “I strongly affirm the United States’ support for the UN Declaration on the Rights of Indigenous Peoples, and our commitment to advancing Indigenous Peoples’ rights at home and abroad.”

It appears, however, that the Biden administration’s stated commitment to Indigenous Peoples’ rights is just words.

Gabe Galanda is an Indigenous rights attorney and the managing lawyer at Galanda Broadman. He has been named to Best Lawyers in America in the fields of Native American Law and Gaming Law from 2007 to 2024, and dubbed a Super Lawyer by his peers from 2013 to 2024. Below are all of the communications between the UN, State Department, and Nooksack Tribe since 2022.

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2-1-22 UN OHRC Communication to US State Department

2-24-22 US State Department Communication to UN OHRC

3-31-23 UN OHCR Communication to Nooksack Tribe

3-31-23-UN OHRC Communication to US State Department

6-1-23 US State Department Communication to UN OHRC

6-6-23 Nooksack Tribe Communication to UN OHRC

9-27-24 UN OHCR Impact of the Work of Special Procedures - Policy Reform - Nooksack