Truth and reconciliation commissions in Maine and Canada released their findings and recommendations this month concerning the abuse of Native children in either the state's child welfare system or the Indian Residential Schools in Canada.
     The final report of the Maine Wabanaki‑State Truth and Reconciliation Commission (TRC) was released at a closing ceremony on June 14 in Hermon. In their letter in the final report, the five commissioners -- Matt Dunlap, gkisedtanamoogk, Dr. Gail Werrbach, Sandy White Hawk and Carol Wishcamper -- state that to improve Native child welfare, Maine and the tribes must continue to confront underlying racism still found in state institutions and the public; the ongoing impact of historical trauma on Wabanaki people; and differing interpretations of tribal sovereignty and jurisdiction that "make encounters between the tribes and the state contentious."
     They assert that those conditions and the disproportionate entry of Native children into the state child welfare system constitute "continued cultural genocide" as defined by the United Nations (UN). The UN's definition of cultural genocide includes actions "causing serious bodily or mental harm to members of the group" and "forcibly transferring children of the group to another group."
     The commissioners' letter states that a former Maine Department of Health and Humans Services (DHHS) worker noted during training about the federal Indian Child Welfare Act (ICWA) that he began understanding what had been happening to Native children in Maine. "As the presentation evolved, I started realizing, 'Oh my God! What this is saying is that I've been an agent -- among other things -- I've been an agent of genocide.' And of course, the word genocide to me means killing people, but it means more than that: It means killing a culture, and I don't think I ever thought of any of our practices as killing a culture."
     The letter also quotes a non-Native tribal attorney, who pointed out, "The tribe cannot afford to lose their children, and I don't mean just in terms of damage. I mean in terms of literally they cannot afford to lose their children. And so when we intervene in a state case or when a child is informed that they are Native American and they are brought back into the culture, that is really important for the tribe's preservation, which is very different than on the state's side." He added that if Native blood quantum is the determining factor for the number of tribal members, "eventually the math is that ... some of the tribes will become extinct."
     Among the report's findings are that Native children in Maine "have entered foster care at disproportionate rates since before the passage of ICWA [in 1978] until 2013. Within the last 13 years, it has been 5.1 times more likely that a Native child would enter care than a non-Native child. Once in foster care, it appears that Native children are less likely to be adopted than children overall, and more likely to enter permanency guardianship."
     The report includes 14 recommendations, including urging respect for tribal sovereignty. The commissioners recommend that the state should honor "Wabanaki choices to support healing as the tribes see fit and celebrate the cultural resurgence of the tribes within the Wabanaki confederacy so that both individuals and communities may be strengthened." They also recommend that DHHS trainings be expanded "to recognize bias and build cultural awareness;" that the tribal courts be expanded to include Maliseet and Micmac communities; and that the Maine governor's executive order of 2011, which was rescinded in April by Governor LePage, be reinstated. The executive order recognized "the special relationship between the State of Maine and the sovereign Native American tribes" and that the relationship was one "between equals."
     Referencing the quotation, "In the end, we will remember not the words of our enemies, but the silence of our friends," the commissioners, in their letter, write, "We have heard the voices of the many who spoke with us, and to remain quiet is to continue to perpetrate harms that must be known. Consider this report as a step toward refusing that silence and continuing this conversation that will, we hope, like all the best communication, offer ample time for everyone to simply listen."
     For more than two years, the TRC has been examining the truths of Wabanaki experiences with child welfare to promote healing and change, gathering more than 150 statements. The June 14 closing ceremony marked the end of the first truth and reconciliation effort within U.S. territory that has been collaboratively developed between tribal nations and a state government.
     Maine‑Wabanaki REACH, the cross‑cultural collaborative that promotes best child welfare practice through reconciliation, engagement, advocacy, change and healing activities, will be ensuring the commission's recommendations are considered and implemented.

TRC of Canada releases findings
     Less than two weeks earlier, on June 2, the Truth and Reconciliation Commission of Canada released its findings and calls to action, following a six-year mandate where the three commissioners heard more than 6,750 survivor and witness statements from across the country after over a century of abuse at Indian Residential Schools.
     The 94 calls to action represent the first step toward redressing the legacy of Indian Residential Schools and advancing the process of reconciliation, said Justice Murray Sinclair, chair of the TRC. The TRC's calls to action include steps to protect child welfare, preserve language and culture, promote legal equity and strengthen information on missing children. "The children who attended these schools were severely punished for practicing their cultural ceremonies, for speaking their family's language," said Dr. Marie Wilson, TRC commissioner. "Reconciliation rests on building Aboriginal culture back up, and preserving the languages and ceremonies that the schools tried to eliminate."
     Other calls to action emphasize that governments across Canada must adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples to achieve successful reconciliation. The commissioners also highlighted the role of education in reconciliation. The commission called on the government to eliminate educational gaps between Aboriginal and non-Aboriginal Canadians, to equalize education funding between First Nations children living on and off reserve, and to increase access to post-secondary education for Aboriginal youth.
     Further, the TRC also stressed the need to educate Canadians on residential schools and their impacts. The commission called for the development of age-appropriate curriculum on residential schools, treaties and Aboriginal peoples' historical and contemporary contributions.
      "There are many who will pull down the blinders and pretend that this isn't their issue," said Commissioner Chief Wilton Littlechild. "We are calling on you to open up your mind, to be willing to learn these stories, to be willing to accept that these things happened. This is not an Aboriginal issue, it's a Canadian issue."
     The Truth and Reconciliation Commission was established as a result of the 2007 Indian Residential Schools Settlement Agreement. Its mandate is to tell Canadians about the 150-year history of the schools in part through the statements of those whose lives were affected by them.
      In response to the release of the findings of the TRC, New Brunswick Premier Brian Gallant stated, "We have been consistent in our support for a national inquiry on missing and murdered Aboriginal women and girls. We are also working with our partners to end violence against Aboriginal women and girls living in New Brunswick.
     "We are currently renewing the Enhanced Education and Service Agreements with our First Nation partners to improve outcomes for Aboriginal learners. We also support the community‑based Healing to Wellness Court in Elsipogtog First Nation as it incorporates First Nations practices and culture."
     Gallant concluded, "With the release of this report, it is my hope that the survivors and all those affected by the residential school system can begin to heal. May our response as a province contribute to the first step in the beginning of a new relationship between Canada and its Aboriginal people."