tribes

Buried in the language of Proposition 45, the initiative that would overhaul California’s powerful law on environmental review, are provisions that would mean government agencies have to consult only with certain tribes in the state, and not others when they develop major projects.

Tribes that are federally recognized would be consulted; those without recognition would not.

This effort mirrors similar ones supported by tribes that have federal recognition to limit the say of tribes without it in recent years. Non-recognized tribes see it as another move by economically powerful tribes to protect their own interests and avoid having to negotiate with other local tribes over territorial disputes and how to best protect important sites.

“Our concern is that wealthy casino interests and political influence are being allowed to outweigh ancestral connections,” Andrew Salas, chairperson of the Gabrieleño Band of Mission Indians — Kizh Nation, said in a statement to The Times.

Proposition 45 on the Nov. 3 California ballot would create a streamlined environmental review process for projects deemed “essential” — including most housing, transportation, water, health, wildfire mitigation, education, internet access and clean energy projects. The streamlining would mean stricter deadlines for review and court challenges, would bar local governments from requesting repeated analyses and allow developers to propose a single alternative with less environmental impact rather than several.

One of the largest contributors to the Yes on Prop 45 committee is a federally recognized tribe, the Yuhaaviatam of San Manuel Nation, which contributed $750,000.

“Federal recognition is the legal and constitutional foundation of tribal sovereignty and establishes a government-to-government framework for consultation,” Amelia Matier, spokesperson for Yes on Prop 45, said, noting tribes without recognition still can still meaningfully participate alongside members of the public.

The Yuhaaviatam of San Manuel Nation reaffirmed its support for the measure in a statement to The Times but did not respond to specific questions.

Critics, meanwhile, say moves such as this would give federally recognized tribes the power to consult on development projects hundreds of miles outside their homelands, overriding local tribes.

“Proposition 45 is part of a much longer struggle over whose voices California chooses to hear,” Salas said. “For decades, non-federally recognized ancestral tribes in Southern California have fought to protect our homelands while facing pressure to accept a ‘lesser role’ than federally recognized tribes.”

“Our rivers, habitats, and the animals that depend on them lose their protection when the people who know these places are removed from the table,” he said.

None of the Gabrieleno and Tataviam tribes within the greater L.A. area have federal recognition.

Last year, three tribes with federal recognition championed a bill that would have significantly limited how tribes without it could participate in the consultation process for all projects — not just the ones deemed “essential” ones under Proposition 45. A few months later, the small state agency that maintains the official list of tribal contacts unveiled a proposal that some non-recognized tribes argued would effectively exclude them. Multiple federally recognized tribes supported the effort.

The environmental review process under the California Environmental Quality Act, better known as CEQA, is one of the primary ways that tribes have a say over how the state and local governments develop land within their ancestral territories. It allows tribes to comment on how a proposed housing or infrastructure project might harm graves, ceremonial grounds or ancient villages. A separate law lets tribes comment on general plans that outline where developers can propose housing, and commercial and industrial facilities.

Tribal consultation differs from general public comment. It allows Indigenous leaders to discuss the location and details of sensitive information — such as burial sites — confidentially, before draft environmental reviews are published.

The Kizh Nation has used the CEQA process to consult on hundreds of land development projects a year around the Los Angeles Basin. In one instance, the process generated extra protections for one of the oldest living plants in the world, a more-than 13,000 year-old oak tree in the Inland Empire, that Indigenous people have taken care of for millennia. It also resulted in the Kizh Nation winning one of the largest land returns in Southern California history for a tribe without federal recognition — while still creating a development of nearly 1,700 homes and industrial and business parks.

There are over 100 tribes in the state with federal recognition, a status that brings protections, funds and services from the federal government, including funding for Indigenous elementary and secondary schools, access to healthcare and the potential for a reservation. Yet dozens more remain unrecognized.

Federal agents negotiated treaties in the 1850s with more than 130 Indigenous communities in the new state of California, setting aside roughly 7% of the state for reservations. But Congress refused to ratify the very treaties it had ordered and failed to notify tribes of its decision.

The federal recognition process today is long and grueling. Only 18 tribes have successfully achieved recognition through it since it was created in 1978. Only one was in California — Death Valley’s Timbisha Shoshone Tribe.

Tribes along the coast who were coerced into building the missions, including the Gabrielino, have had an especially hard time gaining recognition. They endured three waves of settlers: the Spanish, Mexican, and American. With these came death, forced displacement and cultural suppression. When the federal government sent agents to create reservations for California’s mission-affected tribes in the 1890s following reports of dire circumstance, the agents inexplicably overlooked the Gabrieleno.

At least one-third of tribal cultural resources protected under CEQA are in the homelands of tribes without federal recognition, Jonathan Cordero, executive director of the Assn. of Ramaytush Ohlone, estimates.

If Proposition 45 passes, “that means that hundreds of sacred sites and thousands of invaluable and irreplaceable tribal cultural resources would be destroyed in subsequent years,” he said in a statement.

Sanaa, Yemen – The Yemeni government’s new military offensive against the Houthis is testing more than the balance of forces in the country – it is also testing whether the government can persuade powerful tribes in Houthi-controlled areas that the balance of power is beginning to shift.

For years, many of the tribes hostile or wary of the Iran-backed Houthis have stopped short of openly confronting the movement, deterred by their military strength and by previous failed uprisings. Those same tribes are now looking to the internationally recognised government’s newly-activated frontlines – on the Red Sea coast, Marib and al-Jawf primarily – to see if the limited advances made since the Dawn of Yemen military operation launch this week can turn into sustained gains.

The offensive by the Saudi Arabia-backed government forces follows major Houthi gains in September, when the armed group also known as Ansar Allah (Arabic for Supporters of God) swept across the country’s Red Sea coast. The Houthis captured vital trade corridors, including the port city of Mocha and territory around the Bab al-Mandeb Strait, one of the world’s most important shipping routes.

While airstrikes have inflicted losses on Houthi forces over the past few days, pushing towards Houthi strongholds where the group has been entrenched since the war started in 2014, including Sanaa, Saada, and Amran, remains a formidable challenge.

With the government declaring an all-out war on the Houthis, pledging to recapture Sanaa, tribal distrust of the government may diminish, prompting tribes to shift positions at the right time, experts say. The role of the tribes could therefore prove critical to the government’s ability to advance deeper into Houthi-controlled territories.

On Monday, Marib governorate – the government’s stronghold in the north – saw a large tribal rally attended by tribal sheikhs and local anti-Houthi fighters from tribes such as the Jadan from Marib, Nihm from Sanaa and other allied tribes.

The rally announced a general mobilisation to support the armed forces in the battle to “restore the state and topple the Houthi coup”.

“If this tribal support translates into actual mobilisation and sustained participation in the battle, tribes will help government troops advance toward Houthi-controlled areas and the Houthi heartland, including Sanaa,” said Adel Dashela, a researcher at the Sana’a Center for Strategic Studies.

Over the past decade of war in Yemen, tribes have repeatedly mobilised against the Houthis at a local level, but deep divisions and a lack of sustained outside backing have prevented the emergence of a unified tribal front. Nevertheless, tribes can potentially be a key source of manpower and influence for the government.

“Tribal fighters remain indispensable to any future campaign against the Houthis. But to be effective, their military engagement must occur through formalised state and coalition command structures, rather than as an independent vanguard,” Dashela said.

‘Wait for the right time’

Tribes in Yemen do not want to risk confronting Houthi forces without support, and they “wait for the right time” to act, Abdulsalam Mohammed, chairman of the Yemeni Abaad Studies and Research Center, said.

“The tribes seek a powerful state, and once they find the state reliable, they can side with it,” Mohammed said.

He added that tribes do not want to repeat mistakes made by tribes that had rebelled against the Houthis, and then not received enough support from the government.

“Those tribes revolted against the Houthis, and they were crushed amid the absence of the government’s effective role,” Mohammed said.

In January 2019, fighting broke out between the Houthis and the Hajoor tribe in northwest Yemen’s Hajjah, lasting several weeks. The Houthis eventually captured the Hajoor areas in March of the same year.

At the time, Saudi Arabia dropped food, medical supplies and weapons to besieged Hajoor fighters, but this did not prevent the tribe’s defeat by the Houthis.

Mohammed said that even in areas where the Houthis have local support, some tribes could gradually shift their allegiance towards the government, if they saw it as serving their interest.

“Not all tribes fighting for the Houthis are staunch supporters. Their motivations range from pragmatism to ideological loyalty and material necessity,” Mohammed said.

‘A friend of the tribe’

Over the past decade, the Houthis have weakened traditional tribal power structures in areas under their control, co-opting some leaders and replacing others with loyalists. They have defeated tribal challenges, and have withstood not only conflict with the Yemeni government and Saudi Arabia, but also bombing by the United States, the United Kingdom and Israel. All of that has reinforced a perception among tribes that the Houthi military capability had become “invincible”.

A tribal sheikh in northern Yemen, who asked not to be named for security reasons, told Al Jazeera that the Houthi military “supremacy” in the country over a decade-long war has “dwarfed the political and military role of the tribe”.

“Before the Houthi takeover of power, the government was like a friend of the tribe,” he said. “Today, the tribe is subordinate to the Houthis.”

The Houthis, according to him, used three tactics to tighten their grip on territories under their control: military force, financial incentives and their public identification with the Palestinian cause.

“The Houthis used military force if negotiations or financial incentives failed to win the tribes’ backing. Moreover, the Houthi military support for Palestine has earned the group additional popular and tribal support,” said the tribal figure.

As the Houthis built up enormous military and financial power over the past few years, the tribal sheikh said tribes acting alone could not match the group’s power. He also said that the government’s reported gains on some frontlines could not by themselves be taken as a sign that the Houthis were collapsing.

“A concrete government advance on the battlefields would reassure some Yemeni tribes that the Houthis have lost ground,” the tribal sheikh said. “Once this materialises, anti-Houthi and neutral tribes can feel confident and begin confronting the group.”