Copyright © 2000 NLThomas
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Earlier this summer, we ran into an Indian cultural rights problem here in the State of Kansas.  This article is not only to inform others, but also to seek the kind of information that we can use to solve the problem. At issue is that a tribally-enrolled Navaho couple residing in Kansas discovered that the state health department did not permit their infant son to be kept in his cradleboard. Indeed,

The day care center where the little boy was taking his nap in his cradleboard, to which he has become accustomed, was cited for a violation by the health care inspector, who even threatened the day care owner with "pulling her license."

When the father of the boy arrived to pick up his son, the inspector was still present, telling him (I was later told) that this cultural practice was, in essence, child abuse. A few days later, I was contacted by the mother and another Navaho Indian woman. Both were very upset, for obvious reasons.

After some deliberations, we decided to fire a sharply worded memorandum to the health inspector, in essence charging the agency with violating federally-protected cultural rights, also enshrined in international treaties and agreements (for instance, article 22 of the Universal Declaration of Human Rights 1948 recognizes that "cultural rights [are] indispensable for [human] dignity and the free development of his personality"; likewise, the UN Covenant on Civil and Political Rights emphasizes that "in those states in which ethnic...minorities exist, persons belonging to such minorities shall not be denied that right...to enjoy their own culture....", etc., etc.).

In this memorandum, we stated that the inspector was "profoundly wrong in her ill-considered decision to condemn [the Navaho parents] for desiring to practice their federally and internationally recognized cultural rights...," and noted that although this "ill-advised behavior may have been the result of regretful ignorance, the damage inflicted on this Native couple [is] considerable."

This letter has had effect. First, my department head called me, as he had been called by someone in the state health department, warning the university that it had a rogue professor in its ranks (no news there). More pertinent, after about two months, the state agency in charge of licensing day care centers finally informed the local center's owner that "an exception" had been granted for the particular Navaho child who could sleep in his traditional cradleboard at her center.

While this was good news, it is not enough by any means. If the parents go to another day care center, they will again run into the same problem. Likewise, if other Indian women decide to raise their infants with the cradleboard, they would like to exercise that as a right, not as a favor.

Accordingly, as we seek official protection of a cultural right, not a bureaucratic favor, the Navaho parents have formed an informal local committee. Specifically, we hope to change the Kansas State Health and Public Welfare regulations to formally accommodate the rights of American Indian parents desiring to use the traditional cradleboard conform customary cultural practice. So, my question are as follows;

Is anyone familiar with similar problems elsewhere in the USA or in Canada? Does anyone know of any useful studies regarding the traditional use of the cradleboard on child development? In order to resolve this problem here, we expect to work with the Governor's office. Looking forward to some constructive feedback. Also on behalf of the Navaho parents and other local Indian families involved in this issue, thanks for your help. Please Send e-mail to Harald Prins, Kansas State University at the following email addres: prins@ksu.edu