Rare move by United Nations nudges US to intervene in Native American eviction dispute

United Nations experts called on the U.S. government Thursday to stop a small tribe in Washington state from evicting some disenrolled members in a growing dispute that has raised questions about the federal government balancing its duty to protect civil rights while respecting tribal sovereignty. 

The Nooksack Indian Tribe has taken steps in recent years to evict residents from tribal housing who the tribe states are not authentic members. The disenrolled tribal members claim their civil rights are being violated, which prompted the federal government to ask the tribe to hold off on evictions numerous times last fall before announcing an investigation in December. The tenants facing expulsion also asked the U.N. to investigate the matter as a potential human rights violation.

The U.N. human rights experts revealed the conclusion of their investigation Thursday, urging the United States "to halt the planned and imminent forced evictions" citing the need to protect human rights and Indigenous people's rights.

“We appeal to the U.S. Government to respect the right to adequate housing... and to ensure that it abides by its international obligations, including with respect to the rights of indigenous peoples,” the experts said in a press release.

The experts said the evictions could harm the health of tenants, some of whom are elderly or facing chronic disease, a situation aggravated by the COVID-19 pandemic.   

“We are also concerned that the forced evictions will deny them the possibility of enjoying their own culture and of using their own language in community with others,” they said. 

Tribal sovereignty question: Native American tribe's eviction plan raises civil rights concerns. Should US government intervene?

The U.S. Department of the Interior's Bureau of Indian Affairs, which has been reviewing the situation for potential civil rights violations, notified the tribe Wednesday that it found the Nooksack Indian Housing Authority complied with its own procedures, suggesting it could proceed with an eviction process that had been on hold until the review was completed. The investigation focused on nine people facing eviction. 

However, a separate statement issued Thursday by Interior Department Assistant Secretary-Indian Affairs Bryan Newland urged the tribe not to remove the tenants.

“Although the Interior Department has found that the Nooksack Tribe appears to have followed its internal administrative process, we implore the Tribe’s leaders to stop their planned evictions. While we respect and commit to uphold Tribal sovereignty, we do not support the manner in which these actions are being carried out. There is still time for the Nooksack Tribe to treat its community members with dignity and respect, and it is our hope that it will,” Newland said.

Gabriel Galanda, the lawyer for the tenants, raised the civil and human rights allegations to both the federal government and the U.N. in his effort to stop the evictions. A number of the tenants have been living in their homes more than a decade and some say they are entitled to full or partial ownership based on lease-to-own agreements. Galanda said up to 63 people could be evicted under the plan. 

"We are overjoyed that the United Nations has affirmed the human rights we have claimed have been violated at Nooksack for the last decade. Those human rights include the right to belong as Nooksack, the right to homeownership as Nooksack, the right to due process ... and the right to a lawyer in order to enjoy that due process protection of those rights," Galanda said.

The U.S. Department of Housing and Urban Development (HUD), which provides financial assistance for the tribal housing, issued a statement Thursday, noting it had raised concerns with the tribe several times since last fall and had asked it to hold off on the evictions until the Interior Department completed its review. 

"HUD is working to provide information regarding housing resources to families so they are aware of potential options to keep them stably housed. HUD is working closely with the Department of Interior and remains in communication with the Tribe,” the department said in a statement.

Nooksack Tribal Chairman Ross Cline Sr. said he is still committed to the eviction of disenrolled members – those who have been removed after leadership determined they didn't have valid credentials – and that the matter will be discussed at a tribal council meeting Friday. 

"What happens at that point, I don't know," Cline said.

Cline, who spoke with Paste BN before Newland's statement against the evictions was released Thursday, said he interpreted the bureau's findings to mean the eviction process can resume. The tribe has about 2,000 members.

He added that doesn't trust communications from the federal government.

"I'm accustomed to the white man speaking with forked tongue," he said.

Cline said he had not heard of the U.N. request to the United States government until told of it by Paste BN.

 "Unfortunately, we're one of the last ones to find out that kind of news. They don't bother contacting the Nooksack Tribe. We're too small," he said.

Cline said the tribe had not been contacted by the U.N. as part of its investigation. "I wish they would come to the source rather than rely on Gabe Galanda, who obviously lies and stretches the truth and distorts everything out of proportion," he said.

Galanda said he thinks this is the first time the U.N. has called on the United States to take action in an Indigenous matter where it was not a party to the dispute. Although the U.N. does not have the power to force the United States to stop the evictions, the statement carries substantial moral weight, he said.

"With the world now watching … it creates political pressure upon the United States government to walk its talk on the front of indigenous human rights protection or human rights protection in general," he said.