The Gwich’in Case

1. The Gwich’in Case PADM 524—Dr. Rivera

2. Background (Location):The Arctic National Wildlife Refuge (ANWR) is located in the northeastern part of Alaska. It shares a border with Canada. The entire refuge is within the Arctic Circle. It spans 200 miles north to south, comprising 19 million acres. It is about the size of South Carolina.

3. In 1968, Exxon discovered a vast oil field at Prudhoe Bay. This was the largest domestic oil discovery in the US and is currently the largest oil field in the United States. Prudhoe Bay is located in the northern coast of Alaska next to the ANWR, so it was expected that the ANWR must also have large oil reserves. However, enormous cumulative biological consequences of oil field development may be expected there, including: • loss of wildlife and of subsistence hunting opportunities • increased predation by arctic fox, gulls and ravens on nesting birds and other disturbances to the ecosystem • alteration of natural drainage patterns, threatening vegetation • deposits of alkaline dust on tundra along roads, altering vegetation over large areas • local pollutant haze and acid rain • contamination of soil and water from inevitable fuel & oil spills

4. National Policy/Legal Reference Points • Public Land Order 2214 created the Arctic National Wildlife Range in 1960 • Alaska National Interest Lands Conservation Act renamed the whole area the Arctic National Wildlife Refuge in 1980 • Section 1002 of ANILCA leaves the door open for Oil and Gas exploration

5. National Policy: Drilling in the Arctic In November 1986 a draft report by the United States Fish and Wildlife Service recommended that all of the coastal plain within the ANWR be opened for oil and gas development 1987 a legislative environmental impact statement was submitted to congress 1989 a bill permitting drilling in the reserve had gone through the Senate and was up for a vote March 24, 1989 The Exxon Valdez oil spill derailed the process

6. the Gwich’in • Social History: For thousands of years the area has been the land of the Gwich’in people; their name literally means "one who dwells.” The Gwich’in are also known as the “People of the Caribou,” because they rely on the Caribou to survive. They were once nomadic people who followed the Caribou migration. They use the animal to obtain food, clothing, and shelter. Almost every part of the animal is used by the Gwich’in. They are the “First People” to arrive in this Northeastern region, according to archeological evidence. Today, there are fewer than 7,000 Gwich’in, largely living in settelements. The only other Native culture in the area is a small population of Inupiat Eskimos in the northern coast.

7. International Context: The Arctic Council The Arctic Council is a high-level forum for political discussions on common issues to the governments of the Arctic States and its inhabitants. The Arctic Council is the only circumpolar forum for political discussions on Arctic issues, involving all the Arctic states, and with the active participation of its Indigenous Peoples. It was established in September 1989, on the initiative of the government of Finland, officials from the eight Arctic countries met in Rovaniemi, Finland, to discuss cooperative measures to protect the Arctic environment. The initiative culminated in the Arctic Environmental Protection Strategy (June 1991) - a declaration on the protection of Arctic environment. The Arctic council signatory member states are Canada, Denmark (including Greenland), Finland, Iceland, Norway, Sweden, The Russian Federation, and The United States.

8. The Arctic Council • Established in 1996 at the initiative of Canada as an “intergovernmental high level forum.” It has two ‘pillars:’ (1) protection of the Arctic environment; and (2) sustainable development engaging indigenous peoples—”Social-Ecological Resilience” • Knowledge building - influential policy assessments • Arctic Climate Impact Assesment 2004 • Arctic Human Development Report 2004 • Arctic Oil and Gas Assessment 2007 • Arctic Marine Shipping Assessment 2009

9. History of Tribal/Non-Tribal Government Relationships in the United States • Historical Tribal/non-Tribal Government Relations • Assimilationist Policies • Resource Confiscation or Eradication • Forced Migration • Disregard of Treaties • Deception • Exploitation • Effects of these Relational Patterns: Historical Trauma, Imbalance and Misuse of Power, Mistrust, Frustration, Suspicion

10. Human rights and multi-dimensional equality—Susanne Baer • “We need doctrine that allows us to convincingly respond to claims of self-determination, be it religious or otherwise, and ensure equality . . . Therefore, I suggest employing an understanding of human rights based on equality and liberty and dignity, in a triangulated perspective of recognition.” In other words, recognition entails and cannot be extended independently of response to claims to equality and liberty, and these defined as human rights. The Gwich’in (1) defined their struggle in their own terms, and (2) did so in relation to their human rights under international law, not in relation to any lesser or more parochial reference points for claims to equity.

11. The Gwich’in Tribes and Their Role in the National Policy Debate • Leadership challenge faced by the elders: • The defining moment that caused the group to decide to act was news of the proposed opening of the Coastal Plain to drilling • Tribal Elders seize opportunity and call for action, with the first multi-tribe gathering in 100 years • A strategic approach used to seize that moment • They developed partnerships and strategic leadership on the basis of a reassertion of cultural identity, transformation of a people, call to action

12. Building an International Alliance Native American Tribes and Organizations The Arctic Council Religious Institutions Environmental Groups

13. The Gwich’in Nation is Endangered Tribal elders determined that “we need to gather.” First gathering of the Gwich’in Nation and 15 tribes from U.S. Canada in 100 years led to the Gwich’in Steering Committee Mobilizing the Nation: first the elders, the traditional leaders, and then youth leaders. To be heard on a national stage, they had to build strategic alliances beyond the Steering Committee: “…[W]e’re fighting multimillion dollar corporations. So we have to get it out there and teach the world.” (Sarah James, International spokesperson for the Steering Committee). The coalition that arose from these efforts amounted to a cross-sector, international “emergent organization.”

14. What is required for emergent organizations to obtain and to be sustained? Emergence is likely when members perceive a present threat, when the social climate is supportive of emergence, when social ties are in place – at least to some degree – before the mobilization, when the social setting legitimizes the groups, and when resources are available (Quarantelli et al., 1983). Compare conditions in the Katrina, Integrating Housing, and Drilling cases. Did networks emerge to address the challenges that arose. What conditions fostered and constrained this emergence? Quarantelli, E.L., with K.E. Green, E. Ireland, S. McCabe, and D.M. Neal. 1983. Emergent Citizen Groups in Disaster Preparedness and Recovery Activities: An Interim Report. Newark DE. University of Delaware, Disaster Research Center.

15. Developed a Strategic Plan Crucial first step was the representative steering committee Broaden the message to a global human rights message beyond environmental protection. Form strategic alliances with leaders far beyond the Arctic Circle. Decrease Tribal dependence on oil with sustainability in areas such as energy and waste disposal Train and mentor young people to carry on the fight Mission Statement… “It’s our belief that the future of the Gwich’in and the future of the Caribou are the same.” (Steering Committee, 2003)

16. An Instance of ‘Distributed Leadership’ • ‘Distributed leadership,’ drawn from information, educational, and cognitive theories, is based on the notion of multiple leaders, and leaders-as-catalysts. Analogous to parallel and distributed data processing in computing, which allows for the integration of complex information. • In a study of leadership in American Indian culture, Warner and Grint (2006) define such leadership as diffuse, fluid, and marked by humility. It entails belief in the power and wisdom of the many, in empowerment. • In distributed leadership, one needs senior leaders who are comfortable with sharing power, with relinquishing control, and with creative conflict. One also needs to be comfortable with multi-level governance, a feature of IGR. Warner L. and Grint K. (2006), American Indian Ways of Leading and Knowing.Tennessee Board of Regents

17. Native American ethical outlooks • Land is inalienable—peoples belong to their land; land cannot be parceled out for individual ownership • Much more than an interpersonal system of norms, ethics is about the irreducible obligations of tribal members to their community as a whole • A sense of the sacred is essential to moral perspective • Decisional leadership entails shared wisdom (which privileges elders but does not exclude others) • The value of humility is important. One truly listens to others in making important decisions, out of a sense of mutual deference. The Gwich’in’s intergenerational alliance demonstrated this mutual respect, and it made possible the reclaiming of an encompassing sense of tribal identity.

18. Sarah James is a Strong Advocate Native of the Gwich’in Tribe, tiny town of Arctic Village, Alaska Received Ford fellowship as one of “Emerging Leaders in a Changing World.” Picked as one of 3,000 because of her ability to skillfully build consensus by mobilizing grass-roots organizations. Believes in skillfully mentoring younger members of the Gwich’in Tribe with pride in their roots.

19. The Key to Survival Activists believe that the key is to keep telling the story of their survival. Point to studies that show that impacts of oil development reduced herd health and reproduction rates. Point to the both US and International Law as protections for indigenous peoples’ rights Protect the subsistence uses of the Porcupine Caribou Herd

20. Evaluative Strategies • Critical self-reflection, openness and commitment to balanced approach • Co-construction of evaluation; relationship to self-determination and sovereignty • Community involvement and inclusion • Individual tribal community is context • Maintain continual communication • Development of new, culturally-sensitive, participatory evaluation models • Awareness of irreducible value conflicts

21. Core Message “The Gwich’in people have relied on these caribou for a thousand generations, so we will suffer too”

22. Community-Based Participatory Research • CBPR is alternative orientation to research • Collaborative approach to research • Equitable involvement of all partners in research process that recognizes unique strengths of each • Research topic of importance to community • Community-based, not community-placed • Combines knowledge and social action to improve community well-being and eliminate disparities • Balances research and action • Empowering for participants