James Abourezk, who championed Indigenous rights, has died
Pauly Denetclaw
ICT
It was 1971, the early years of the self-determination era of federal Indian policy that inched closer to strengthening tribal sovereignty.
In the nearly two decades prior, from 1953 to 1968, the federal government waged a legislative battle against sovereign Native nations, terminating tribes and creating urban relocation programs in an effort to end treaty obligations.
James Abourezk was a freshman in the 92nd Congress, representing South Dakota’s second congressional district, that was later eliminated in the ‘80s. Two years later, in 1973, he would run for the Senate and win. He would be elected by his peers as the first chair of the Senate Indian Affairs committee. In the eight years he served on Congress, Abourezk was a champion for tribal sovereignty and self-determination.
Abourezk died at 92 last Friday.
He was born Feb. 24, 1931 in Wood, South Dakota on Rosebud off reservation trust land. His family later moved to Mission, South Dakota on Rosebud Sioux Tribe lands. He was the son of immigrants who came to the United States from Lebanon. He was the first Arab-American elected to Congress.
“He was definitely a voice for the powerless and people who were looked down on,” Charles Abourezk, his son, said. “Whatever motivated him to do that is what motivated him to take on the powerful and the bullies of the world on behalf of the powerless.”
He grew up on Rosebud Sioux Tribe lands and was passionate about issues impacting Indigneous nations. For this reason, he advocated for the creation of the American Indian Policy Commission which did arguably the most comprehensive reports on federal Indian law and policy. This was the groundwork that would create some of the most important legislative bills for Indigenous nations.
“Although I was born and raised on the Rosebud Sioux reservation in South Dakota, I don’t pretend to be an expert on Indian problems and I have no intention of dreaming up new legislation without asking Indian people and tribes what they think ought to be done,” Abourezk once said.
He would go on to champion landmark legislation including the Indian Child Welfare Act. He was one of the principal writers.
“Going back to the 1970s, there were not a lot of senators who had much experience with Indian Country, much less child welfare concerns of Native children and families,” said David Simmons, director of government affairs and advocacy at the National Indian Child Welfare Association. “He was really determined to uncover and to expose what had happened historically, but also what this meant for tribes and Native communities all across the country, and to find a solution to this. When you look in the law itself, the statute, you'll see some of the very first language talks about how important tribal children (are) and how important they are to Native communities.”
Charles Abourezk remembers his father talking about the attacks on the Indian Child Welfare Act with a somber tone.
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“Someone was doing some criticism of ICWA and they were giving testimony against ICWA,” Charles remembered. “He just said, and tears came to his eyes, ‘If they had heard the horror stories we heard about children who had been adopted out, oftentimes, against the will of their families, they would never change this law ever.’ He felt so strongly about it and the good that it did.”
The law that Abourezk felt so strongly about was challenged in the Supreme Court last year in Brackeen v. Haaland. This case could undo a law that not only puts Indigenous children at-risk of being removed from their families and communities but will also weaken tribal sovereignty. The Supreme Court decision is expected this spring.
In the 1960s, up to 35 percent of Indigenous children were forcibly removed from their families, often placed in non-Native households. One of the ways was through a federal program called the Indian Adoption Program. This would later meet the United Nation’s definition of genocide.
“He was always loyal to Native people, no matter what, it was an instant, immediate response from him,” Charles said.
The current chair of the Senate Indian Affairs committee is Brian Schatz from Hawaii.
“Senator Abourezk will be remembered as a tireless advocate and champion for Native communities across the country. His work in the Senate helped establish the Senate Committee on Indian Affairs, led to the passage of landmark legislation – including the Indian Child Welfare Act, Indian Self-Determination and Education Assistance Act, and American Indian Religious Freedom Act – and laid the foundation for the self-determination era of federal Indian policy,” Schatz said in a statement to ICT. “The Committee could not do the work we do today without his service, and I am grateful for his leadership as its first chairman. May his memory be a blessing.”
Abourezk died at his home in Sioux Falls on his birthday after entering hospice care earlier this week, his son Charles Abourezk said. While in hospice, James Abourezk was surrounded by his wife Sanaa Abourezk and other family members.
In addition to his wife, he is survived by four children, Charles Abourezk, Nikki Pipe On Head, Paul Abourezk and Alya Abourezk; step-daughter, Chelsea Machado; and many grandchildren and great-grandchildren, some of whom are Indigenous from Pine Ridge.
The AP contributed to this reporting.
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