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Native American civil rights facts for kids

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Indigenous Americans by county
Proportion of Indigenous Americans in each county of the fifty states, the District of Columbia, and Puerto Rico as of the 2020 United States Census

Native American civil rights are the civil rights of Native Americans in the United States. Native Americans are citizens of their individual Native nations as well as the United States. They were granted U.S. Citizenship in 1924. Native nations are described under United States law as "domestic dependent nations." This is difficult because Native Americans have rights as U.S. citizens and rights kept by their tribal sovereignty. Sometimes Native Americans do not really have the rights that are granted to them on paper. Many tribes that live on Indian reservations have poor economies and have to work hard to have the rights that other U.S. citizens have.

Pre-contact with Europeans

Before colonization, many natives lived in North America and South America. Much of what we know about this time was passed through oral storytelling. The cultures, origins, languages, and religions were different among the many groups of indigenous peoples. Religion was tied closely to the land and the environment. They believed in a "Master Spirit" and that the human soul lives forever.

1500s-1700s: initial meetings

Europeans came to America for several reasons. Some wanted to explore, some wanted more land, some wanted riches, and some wanted freedom from their rulers.

In 1585, an American Indian tribe on the eastern coast of North America made contact with the explorer Richard Grenville. The natives were friendly to Grenville. However, when one of them stole a small silver cup from him, he burned down their village.

In 1607, Captain John Smith established the colony of Jamestown in the middle of the Powhatan confederacy in what is now Virginia. Powhatan, the leader of his tribe, hoped for peace with the English colonists and helped them when food was scarce.

Peace between the European colonists and the natives did not last long. The colonists kept taking more land for themselves. The English began settling along the east coast of America, while the French settled mostly in what is now Canada. The Europeans fought against each other and against the natives over the land in many wars. Some of these include the American Indian Wars, the Beaver Wars, King Philip's War, and the French and Indian War.

1800s: the loss of more civil rights

By the 1800s, more European settlers were arriving and forcing natives westward. The Trail of Tears made several tribes move from their homeland to Oklahoma. The Apache Wars, the Dakota War of 1862, Red Cloud's War, the Great Sioux War of 1876, and the Wounded Knee Massacre were all fought because American settlers wanted more and more land. The U.S. Army was brought in to force the natives to leave their land and to move onto indian reservations. The Battle of Little Bighorn is a famous battle fought during the Great Sioux War of 1876. Because the settlers were claiming land, natives had to give up their way of life. During the 1800s, the U.S. government made and broke many treaties with Native Americans (see Indian Appropriations Acts).

1900s: the fight for Native American civil rights

Criticizing colonialism

By the 1900s, more Native Americans were trying to teach the white man about the cultures, histories, and experiences of their tribes. Charles Eastman, a Mdewakanton and Wahpeton Sioux and physician, published books and articles in English for American people to show that it is not savage that Native people celebrate "ancient way."

Advocacy groups have formed that bring attention to the lack of civil rights for Native Americans. These groups represent tribal groups to the public and to Congress. Sometimes they gather and stay in one place to bring attention to something. Other times, they walk to remember current injustices and injustices of the past. Some of these groups include the National Congress of American Indians (NCAI), the National Indian Youth Council (NIYC), the American Indian Movement, the National Indian Education Association (NIEA), the National Indian Child Welfare Association (NICWA), and the Association on American Indian Affairs.

Citizenship, voting, and civil rights

In 1924, Congress passed the Indian Citizenship Act, which granted citizenship to Native Americans. Ten years later, Congress passed the Indian Reorganization Act. Its major goal was to stop trying to "civilize" the Native Americans. Instead, it would try to protect tribal land, bring back tribal governments, and help them economically. For the following twenty years, the U.S. government invested in infrastructure, health care, and education on the reservations, and over two million acres (8,000 km2) of land were returned to various tribes.

Voting Rights Act of 1965

Though Treaty of Fort Laramie and the Dawes Act created the possibility for some Native Americans to vote, most Native Americans were not allowed (or able) to vote until 1965. In 1965, Congress passed the Voting Rights Act. It gave every citizen of the United States the right to vote. The Act was improved in 1975 when those who did not speak English well were helped.

Indian Civil Rights Act of 1968

In 1968, the Indian Civil Rights Act (ICRA) was passed. It was also called the Indian Bill of Rights. The ICRA supports the following:

  • Right to free speech, press, and assembly
  • Protection from the unreasonable invasion of homes
  • Right of a criminal defendant to a speedy trial, to be advised of the charges, and to confront any adverse witnesses
  • Right to hire an attorney in a criminal case
  • Protection against self-incrimination* Protection against cruel and unusual punishment, excessive bail, incarceration of more than one year, and/or a fine over $5,000 for any one offense
  • Protection from double jeopardy or ex post facto laws
  • Right to a jury trial for offenses punishable by imprisonment
  • Equal law protection due process

Other civil rights

Religion

The American Indian Religious Freedom Act was passed in 1978. It allowed freedom of religion except for some restrictions on the use of ceremonial items like eagle feathers or bones (a protected species). However, other laws allow for the ceremonial use of these by those who practice Native American religions.

Hunting and fishing

Although Native Americans lost the battle for their lands, the U.S. government eventually allowed Native Americans to have hunting and fishing rights on reservations and tribal land. This angered other hunters and fishermen. In 1988, the United States government passed a federal Indian Gaming Regulatory Act. It allows Native lands to be protected and aims for health and economic growth in Native American communities.

Sovereignty

The Indian Appropriations Act of 1871 changed the way the tribes were recognized by the U.S. government. While Native American tribes are under the authority of the United States government, they also have sovereignty. This means that each tribe can govern its people in their way. As of 2023, there are 574 federally recognized Native American tribes.

Traveling rights

During the 19th and early 20th centuries, the U.S. government tried to control the travel of American Indians off Indian reservations. Since American Indians did not obtain U.S. citizenship until 1924, they were denied the right to travel without a special pass given by the The Bureau of Indian Affairs (BIA). The Indian Citizenship Act granted United States citizenship to all Indians born in America. As a result, all American Indians are free to travel as they wish.

Interesting facts about Native American civil rights

  • One of America's first civil rights leaders was Chief Standing Bear. In 1879, he convinced a federal judge to recognize Native Americans as people with the right to sue for their freedom.
  • About 50 million people were living in the Americas when Europeans "discovered" North America and South America.
  • Approximately 60,000 Native Americans were forced to leave their homes and migrate westward during the Trail of Tears.
  • The forced moving of Native Americans during the Trail of Tears took about twenty years.
  • Alaska has the largest population of Native Americans in the United States.
  • Arizona has five of the twelve largest Indian reservations in the United States, including the largest, the Navajo Nation.
  • There are approximately 175 Native American languages spoken in the United States. The Navajo language is spoken by the most people.
  • Code talkers used the Navajo language in World War II to send coded top-secret messages to allied forces.
  • The Washington Redskins and the Cleveland Indians have changed the names of their sports teams because "Redskins" and "Indians" are offensive to many people.
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