United Nations experts call on U.S. to halt Nooksack evictions
United Nations human rights experts called on the United States to halt the eviction of 63 former citizens of the Nooksack Indian Tribe in Whatcom County.
The 21 families faced eviction from their homes while at various stages of acquiring ownership, with some due to take full ownership this year. The homes were constructed by the Tribe on land owned by the U.S. government with funding from the federal Department of Housing and Urban Development’s Native American Housing and Self-Determination Act.
“We appeal to the U.S. Government to respect the right to adequate housing, which is enshrined under article 25(1) of the Universal Declaration of Human Rights and article 21 of the United Nations Declaration on the Rights of Indigenous Peoples, and to ensure that it abides by its international obligations, including with respect to the rights of indigenous peoples,” the experts said.
The team of U.N. experts includes Francisco Cali Tzay, special rapporteur on the rights of Indigenous peoples, and Balakrishnan Rajagopal, special rapporteur on adequate housing.
Special rapporteurs work on a voluntary basis as part of the U.N.’s Human Rights Council independent from any government or organization. They are not U.N. staff and do not receive a salary for their work.
“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.
Evictions were due to begin Dec. 28, 2021, but stalled due to severe snow and ice storms in the region. Tribal leaders had announced the evictions would resume in early February.
The evictions had been prohibited by the Tribe’s courts, but the ruling was ignored by the Tribal Council, according to a news release from the UN.
According to information and documents provided by Indigenous rights lawyer Gabe Galanda — who represents more than 300 people disenrolled from the Tribe in 2018 — the Department of Housing and Urban Development requested the Tribe refrain from any evictions in September.
In October, the request was reiterated by Assistant Secretary for Indian Affairs Bryan Newland, who notified the Tribe that the Department of Housing and Urban Development expressed concerns the evictions denied the individuals due process and recommended halting the evictions pending an investigation.
“The Department takes HUD’s concern seriously and will review the situation to ensure that the Tribe is in compliance with (the Indian Civil Rights Act) and Federal law,” Newland wrote in a letter obtained by Galanda.
The Bureau of Indian Affairs and the Department of Housing and Urban Development asked for a delay again in December pending the Interior’s determination on whether the Indian Civil Rights Act was violated.
Nooksack council representatives replied that they were concerned about potential BIA involvement, but the evictions were legal and they would cooperate with the investigation, according to Galanda’s obtained records.
Nearly a decade ago, efforts began to remove more than 300 self-identifying Nooksack members the Tribal council said were incorrectly enrolled and could not show proper proof of lineage.
This story was originally published February 3, 2022 at 11:22 AM.
