James Anaya is the Dean of Law at the University of Colorado in Boulder. He spoke at Fort Lewis College on Thursday, Jan. 25 on the power behind discussing human rights.
Anaya’s writing and teaching focus on issues concerning human rights and land rights for indigenous peoples. Anaya also practiced law in Albuquerque, New Mexico, where he represented Native Americans and other minority groups.
Editor’s Note: The following interview has been condensed and edited for brevity and clarity.
Q: One thing being discussed on campus is the tuition waiver for Native American students and the idea behind the word “free.” What are your thoughts on this topic, and the word “free” sounding like the waiver is something extra students are getting rather than it being something that is part of a negotiation?
Anaya: It’s a recognition of a historical debt that owed an entire people. It’s really a small token of benefit that can be very meaningful. Honestly, education should be free for everybody. We should celebrate, people shouldn’t be unhappy about other people’s happiness, that’s just a bad thing.
People shouldn’t base their own happiness or lack of happiness on what others have or don’t, unless there’s something directly taken from them.
It’s a historical arrangement for the disadvantages inflicted on the Native people, it’s a small thing really.
Q: How do you exert a feeling of agency when it comes to the issues you deal with?
Anaya: First of all, is understanding the position in a thorough way including any oppositional views and with that, understanding how one might confront those oppositional views, what the answers to those are.
Next, I would say, be confident in your position.
And finally, at the same time you’re confident, be open to new information and ideas. That’s, I think, extremely important, to always be learning and being humble in a sense, and knowing it’s very difficult, if not impossible, for someone to have perfect knowledge. It’s always important to be open to new learning and being influenced by others.
Q: Since Western culture is the dominant culture in our society, how do we work to respect other beliefs and practices, knowing that the United States is made up of a diversity of different beliefs and practices?
Anaya: The problem between the dominant society and Native peoples in this country and other countries where there are indigenous peoples is that the problems are rooted in history and patterns of very blatant discrimination and the denial of basic human rights. Those historical patterns have left Native peoples in a disadvantaged position in many respects, yet at the same time, Native peoples have a lot to contribute to the broader society.
We need to ensure that our educational system educates the larger society and the contribution of Native Americans. Ultimately, a sense of coming together and solidarity so that Native peoples aren’t just viewed as historical relics or the mascots for sports teams. There’s a long way to go there.
Q: We have come to understand words like “indigenous” and “native” to refer to very specific groups of people, how does this affect the way Native Americans and members of other indigenous groups identify themselves considering the connotation associated with these words has come to mean, “different” from European culture and Western culture?
Anaya: It’s in the descriptor, the word “indigenous,” meant to refer to groups of people who themselves have come together and identified themselves as different and identified themselves as having this historical legacy that I described earlier, as wanting to maintain, to some extent, that distinctive culture and transmit that to future generations.
The advantage Native students have at Fort Lewis College, is numbers. There is a higher percentage of Native students here than any other college or university in the country, other than those on reservations. That helps a lot. Along with that, I think there’s an awareness of the presence of Native peoples and their legitimate place here, not just as individuals but as representing cultures and as part of the broad mosaic of diversity in this part of the world.
The lack of understanding isn’t just amongst students in the university, but also, we see it in faculty members and administrators. I don’t know enough about FLC, but that’s the case in my university and every university I’ve been affiliated with.
There are always good people trying to change that, but it is a latent problem.
Q: How do we start to make a change toward helping minorities rather than discouraging them in education and the workforce?
Anaya: It starts with eliminating the sense of hierarchy, and I think this country has gone a good way toward that in the last hundred years, really throughout the history of the country, but particularly in the last hundred years.
The sense that the United States, should have this identity coming from Western society and culture is still very much present along with the sense that anything minority or native isn’t really valued.
Until that changes, and it is changing, you do see more and more people at different places, like, I think, FLC, where there is an effort to appreciate the diversity of different people and not to say that you have to be like the dominant culture, we need more of that happening, and as that happens you can see these problems start to break down, but as long as there’s that sense of superiority by the dominant society, connected with Western culture, that problem is going to persist.
Q: What would you say to students who are feeling discouraged, or feel that they don’t have the same opportunities others might?
Anaya: That’s the case with many people, not just minorities. The world is full of examples of people who have been disadvantaged and have succeeded in many ways. Just understand that that comes with the world as we know it. That doesn’t mean they can’t succeed and realize their dreams, it may be a lot harder than it is for others, but they still can do that.
Education is a big part of that, and making sure you acquire the foundational tools to be able to build, grow and develop in many ways. Being empathetic for those around you, including those who you think might not have high regards for you, understand why that is and why they have that prejudice. There is always a reason, try to understand that, and be optimistic.
Q: Is there anything else you would like to say to the students of FLC?
Anaya: Consider law school! It isn’t just about learning rules, it’s about learning how to think. It’s about learning about the problems in society and how they can be dealt with. It’s about learning how to imagine new enterprises, addressing technology problems both good and bad and being equipped to address all of the problems that exist.