Tuesday, September 14, 2010

Some Reasons WHY We Need Enforcement of ICRA. And How YOU can Help

Hunter Cousin A'amokat has put together some information on why the ICRA needs to be enforced.


During the disenrollments of tribal members without due process that have been occurring over and over again all across Indian country in recent years there is one common theme, that despite the offending tribes’ claims to the contrary, individual Indians have not been given fair and impartial hearings and even when the disenrollees have proven beyond a shadow of a doubt (Redding Rancheria) that they are legitimate members of their tribes, they have still been kicked out of their tribes with no recourse. The Indian Civil Rights Act (ICRA) needs to be enforced.

The main problem is that even if a tribe doesn’t follow their own rules, who can make them do so? We need congressional hearings now to help rectify this situation and legislation to provide enforcement provisions for the ICRA.

SNOQUALMIE TRIBE-WASHINGTON STATE: Even after a Federal judge ruled that our civil rights were violated and overturned our permanent banishment- the corrupt tribal council will still not reinstate us and have instead handed us another 7 year sanction without due process. The sanction says we will be arrested if we step on tribal property and that we cannot speak to other tribal members - we cannot vote or hold office or attend meetings. We are in affect banished again.......and even though they swore in Federal court that we were members of the tribe - they are now disenrolling us. The Snoqualmie Tribal council just scoffs at the Federal Judge and told him in his own court that he couldn't make them follow our laws. All that is left is organized crime.

PECHANGA-CALIFORNIA: Even though Article V of the Temecula Band’s Constitution and Bylaws, sometimes referred to as the Pechanga Band, says, "IT SHALL BE THE DUTY OF ALL ELECTED OFFICIALS OF THE BAND TO UPHOLD AND ENFORCE THE CONSTITUTION, BYLAWS, AND ORDINANCES OF THE TEMECULA BAND OF LUISENO MISSION INDIANS; AND ALSO, TO UPHOLD THE INDIVIDUAL RIGHTS OF EACH MEMBER WITHOUT MALICE OR PREJUDICE", The Pechanga tribal council led my Mark Macarro allowed close family members of people who submitted and/or signed statements against the disenrollees’ tribal membership to rule on their disenrollment cases on both the enrollment committee and the tribal council despite the fact that the disenrollees requested these people, who had a clear conflict of interest, be made to step aside from sitting in judgment and rendering a verdict. The people who were related to the people who testified against the disenrollees included sisters, aunts, and a nephew of the witnesses. And those on the enrollment stood to gain the per capita of those they terminated. This amounts to over $250,000,000. Incentive enough to get rid of Indians? Better than the bounty on scalps.

REDDING RANCHERIA-CALIFORNIA: On January 27, 2004, all 76 members of the Foreman family were removed from the Redding Rancheria tribal rolls based on nothing more than a conjured up rumor alleging that Foreman family matriarch Lorena Foreman-Butler was not the daughter of her mother Virginia Timmons, one of Redding Rancheria’s 17 Original Distributees.
Tribal Officials never produced a single piece of evidence to dispute Foreman-Butler’s maternal lineage and her family provided reams of legal and contemporary documents proving her mother was Virginia Timmons. Tribal Council still required her family to provide genomic DNA from their deceased mother and grandmother to retain their tribal citizenship.
Despite their family providing Tribal Council with DNA test results from two separate labs of 99.987% and 99.890%, proving by the legal standards established by the American Bar Association and the American Medical Associations that Lorena Butler and Virginia Timmons were mother and daughter, Tribal Council still stripped their family of their tribal citizenship.
Robert Foreman should be considered a HERO to the Redding people for all he has done for Indians in Northern California.

We need enforcement of ICRA, we need to exercise our moral outrage at tribes that harm their own and we need your support to make this happen.

9 comments:

Anonymous said...

These are just some of the crimes being committed in Indian Country today. Thousands of Native American's are being forced out of their lands, denied health care, education, cultural ties. Time for Justice in Indian Country.

'aamokat said...

Yes, Robert Foreman should be considered a hero to Indians in Northern California as he started Indian health care there.

Reportedly the Redding tribe bought land that was part of the Foreman allotment that is now where their casino now sits.

So they can use the land but kick out this family from the tribe?

Also, the San Pasqual tribe of California kicked out the Alto family and the BIA ordered them reinstated and last I heard they were still not back in their tribe.

Has anyone heard an undate on their status?

The San Pasqual tribe owns the Valley View casino in San Diego County.

Come on Feds, it is about time the ICRA is enforced!

P.S. to any sovereignty at all costs supporters who don't have a problem throwing all of us under the base in the name of sovereignty, wait until it happens to you and then we will talk.

Anonymous said...

Yes the BIA did rule in favor of the Alto family. They do continue to fight the corrupt people who tried to disenroll them.

stand your ground said...

As usual our Congress makes a law and then does not enforce it, the same with the illegal immigration debacle. I suspect that our political whores in Sacramento and in Wash.D.C.ARE ACCEPTING TOO MANY HANDOUTS FROM THE TRIBES LOBBYIST.
The bribes and the payoffs are huge, and Congress and Senators have never been known to refuse a few extra Bucks in their pockets.

Anonymous said...

"Despite their family providing Tribal Council with DNA test results from two separate labs of 99.987% and 99.890%, proving by the legal standards established by the American Bar Association and the American Medical Associations that Lorena Butler and Virginia Timmons were mother and daughter, Tribal Council still stripped their family of their tribal citizenship."


What do you think would happen if a man was shown by a 99.9 percent probability to be the father of a child?

Sure bet this man would be liable to pay child support for his child!

Yet this percentage that proved the Foremans are who they say they are wasn't good enough?

White House if your are looking, congress if you are looking, courts, whoever please help us!

Anonymous said...

Dear President Obama where is the change you spoke of in your speeches about cival rights and fairness for all americans can you look in your peoples faces and say you are working for all or just a few would your ancesters be PROUD of the way the icra has been a playground for corruption of TRIBAL GOVERMENTS to destroy thier own people WE beg , we demand that as americans you give us back our HERITAGE ,LANDS ,AND CULTURE THE WAY OUR ANCESTERS INTENDED PLEASE DO SOMETHING CHANGE SOVREIGNTY FOR TRIBAL GOVERMENTS THAT ARE COMMITING CRIMES AGAINST HUMANITY

'aamokat said...

"Yes the BIA did rule in favor of the Alto family. They do continue to fight the corrupt people who tried to disenroll them."

So were the Altos ever let back into their tribe?

The last I heard they were still disenrolled.

Anonymous said...

They were let in. However the corruption continues, and they struggle with the corrupt faction.

Anonymous said...

please dear congress and senators DO NOT TAKE BLOOD MONEY FROM MARK MACARRO .It is blood money because they are not helping our Elders with health care or any type of care they have kept many out of the tribe and kick many out please dont take money from them