Case Report: Indigenous Sovereignty in a Pandemic: Tribal Codes in the United States as Preparedness

Hiraldo, Danielle; James, Kyra; Carroll, Stephanie Russo

doi:10.3389/fsoc.2021.617995

Cited by 9 publications

(5 citation statements)

References 22 publications

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“…This paper extends the authors' work on Indigenous Peoples' expectations regarding genomic research (Garrison et al, 2019;Hudson et al, 2020) and how tribes set research and data expectations through codes and policies (Hiraldo et al, 2021;Carroll et al, 2022). Using legal epidemiology, the study and deployment of law as a factor in the cause, distribution, and prevention of harm and injury in a population (Burris et al, 2016), we describe how research legislation, policy, and processes from 26 tribes in the US shape benefit sharing expectations in research.…”

Section: Introductionmentioning

confidence: 60%

Extending the CARE Principles from tribal research policies to benefit sharing in genomic research

Carroll

Plevel²,

Jennings³

et al. 2022

Front. Genet.

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Indigenous Peoples have historically been targets of extractive research that has led to little to no benefit. In genomics, such research not only exposes communities to harms and risks of misuse, but also deprives such communities of potential benefits. Tribes in the US have been exercising their sovereignty to limit this extractive practice by adopting laws and policies to govern research on their territories and with their citizens. Federally and state recognized tribes are in the strongest position to assert research oversight. Other tribes lack the same authority, given that federal and state governments do not recognize their rights to regulate research, resulting in varying levels of oversight by tribes. These governance measures establish collective protections absent from the US federal government’s research oversight infrastructure, while setting expectations regarding benefits to tribes as political collectives. Using a legal epidemiology approach, the paper discusses findings from a review of Tribal research legislation, policy, and administrative materials from 26 tribes in the US. The discussion specifies issues viewed by tribes as facilitators and barriers to securing benefits from research for their nations and members/citizens, and describes preemptive and mitigating strategies pursued by tribes in response. These strategies are set within the framing of the CARE Principles for Indigenous Data Governance (Collective Benefit, Authority to Control, Responsibility, Ethics), a set of standards developed to ensure that decisions made about data pertaining to Indigenous communities at the individual and tribal levels are responsive to their values and collective interests. Our findings illustrate gaps to address for benefit sharing and a need to strengthen Responsibility and Ethics in tribal research governance.

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Section: Introductionmentioning

confidence: 60%

Extending the CARE Principles from tribal research policies to benefit sharing in genomic research

Carroll

Plevel²,

Jennings³

et al. 2022

Front. Genet.

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“…38,39 Lastly, the indigenous populations that make up an estimated 4.3% of the total target population (ID 1.7%, MT 6.6%, ND 5.7%, SD 9.0%, WY 2.8%) 40,41 residing in 25 recognized reservations and tribes on 7.1% of the total target area (ID 2.4%, MT 9.7%, ND 4.2%, SD 14.6%, WY 3.5%) 4,42 are likely to seek care at one of the 65 Indian Health Services facilities. 43 Many of these sovereign nations instituted more stringent tribal public health and emergency codes and policies, 44 for example, their highly successful COVID-19 vaccine campaigns, 45 creating more effective public health responses to the pandemic which may be a confounding factor in our analyses.…”

Section: Limitationsmentioning

confidence: 99%

Late Surges in COVID-19 Cases and Varying Transmission Potential Partially Due to Public Health Policy Changes in 5 Western States, March 10, 2020, to January 10, 2021

Hua

Kehoe

Tome

et al. 2022

Disaster med. public health prep.

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Objective: This study investigates the SARS-CoV-2 transmission potential in North Dakota, South Dakota, Montana, Wyoming, and Idaho from March 2020 through January 2021. Methods: Time-varying reproduction numbers, R t , of a 7-day-sliding-window and of non-overlapping-windows between policy changes were estimated utilizing the instantaneous reproduction number method. Linear regression was performed to evaluate if per-capita cumulative case-count varied across counties with different population size or density. Results: The median 7-day-sliding-window R t estimates across the studied region varied between 1 and 1.25 during September through November 2020. Between November 13 and 18, R t was reduced by 14.71% (95% credible interval, CrI, [14.41%, 14.99%]) in North Dakota following a mask mandate; Idaho saw a 1.93% (95% CrI [1.87%, 1.99%]) reduction and Montana saw a 9.63% (95% CrI [9.26%, 9.98%]) reduction following the tightening of restrictions. High-population and high-density counties had higher per-capita cumulative case-count in North Dakota on June 30, August 31, October 31, and December 31, 2020. In Idaho, North Dakota, South Dakota and Wyoming, there were positive correlations between population size and per-capita weekly incident case-count, adjusted for calendar time and social vulnerability index variables. Conclusions: R t decreased after mask mandate during the region’s case-count spike suggested reduction in SARS-CoV-2 transmission.

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“…Therefore, clear and effective policies are required to set good policies. Only adat government policies are outlined in awig-awig, but, despite the simplicity, the policies to anticipate and respond to Covid 19 also set policy requirements that are clear and effective: (1) they have clear-cut facts regarding Covid 19 issues; (2) the objectives of the policies are set; (3) key terms are elaborated; (4) the body of the policies set orders and reasonable prohibitions, not contravening the laws above them, clearly stated, and it is also clear as to whom the policies are addressed; (5) policies should include the provisions regarding exceptions; (6) they should involve institutions, procedures, and sanctions in law enforcement of the policies; (7) they should give information on when the policies are in place; and (8) evaluation regarding the efficiency and the effectiveness of the policies are evaluated [25].…”

Section: Clear and Effective Policiesmentioning

confidence: 99%

“…The success of preparedness and response to the Covid-19 pandemic in the village shows the importance of positioning adat people to highlight their role in giving the best health services to the community [7].…”

Section: Introductionmentioning

confidence: 99%

Tribal Public Health Law in Tenganan Pegringsingan-Bali: An Emergency Preparedness and Response to Covid 19 Pandemic

Fadli¹,

Maharani²,

Sholehudin³

et al. 2022

Journal of Hunan University Natural Sciences

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Public health law is a legal concept not only regulating the provision of health services but also improving the quality of life and extending access to the service for the public members. Covid-19 opens access to health services for the people, and it serves as an indispensable part in the survival of the people, including the vulnerable people of adat law. This research aims to analyze the degree of success in implementing public health law in Tenganan Pegrisingan village-Bali in the scope of preparedness or response to the pandemic. This research employed socio-legal methods involving interviews, observation, and focus group discussion (FGD). Primary data were collected from interviews and FGD, involving the participation of the traditional chief, village head, and other adat figures in Tenganan Pegringsingan-Bali. The research analysis required a descriptive-qualitative approach. This research sees how the tenganan Pagringsingan tribe clings on to their sovereignty to survive and respond to the Covid-19 pandemic without leaving their framework governed by international and national laws. It leads to the research result revealing that the public health law in Tenganan Pegrisingan adat village combines traditional and modern elements and spiritual and science. This approach can set a model for other village communities. The leadership role of adat people that are inherent, strong, and obeyed has made public health law more properly managed and more effective in dealing with the pandemic. The supportive policy framework that is harmonized at all international, national, and regional levels and all over adat villages is a prerequisite to help maximize the potential of tribal public health system innovation.

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Case Report: Indigenous Sovereignty in a Pandemic: Tribal Codes in the United States as Preparedness

Cited by 9 publications

References 22 publications

Extending the CARE Principles from tribal research policies to benefit sharing in genomic research

Extending the CARE Principles from tribal research policies to benefit sharing in genomic research

Late Surges in COVID-19 Cases and Varying Transmission Potential Partially Due to Public Health Policy Changes in 5 Western States, March 10, 2020, to January 10, 2021

Tribal Public Health Law in Tenganan Pegringsingan-Bali: An Emergency Preparedness and Response to Covid 19 Pandemic

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