Monday, November 14, 2011

The Loss of Tribal Citizenship is Serious and Offensive. Abusers Like Pechanga, Snoqualmie, Redding Should be Held in Contempt

I find it disconcerting that in all the years we have had mass terminations of tribal citizenships, no politician has stood up for those Indians who have been harmed by their tribe.  (See:  Like Being Raped and Going to your Rapist for Justice)

When you give it a cute moniker like “disenrollment”, it takes on the context of, say, losing you membership in the P. T. A. And that makes it simpler for a politician to take tribal money and with the phrase, “tribes can choose their own membership” they can avoid taking a closer look at what it really entails.

Take American citizenship, the U.S. Government can strip an American of citizenship for few reasons, here’s one from US CODE 1481:

7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

We are talking about treason or overthrowing the government as a serious offense. No disenrollees have threatened overthrow of their tribal government. No bearing arms against tribal councils. In Indian Country, you can lose your citizenship for simply disagreeing with the tribal council. Putting a “wrong” member on the council or speaking your mind about their business entities can get one stripped of their citizenship.

How many American’s have been stripped of their citizenship, can you name ONE? Has Charles Manson lost his citizenship? No. How about American terrorists who advocate death to American and sharia law? Nope, uh-uh, but in Indian Country, the number is in the THOUSANDS. We have tribes like Snoqualmie in Washington, that have stripped citizenship simply for taking a position opposite of the tribal council.

On the Pechanga Reservation in Temecula, Original Pechanga allottee descendents have had their citizenship taken away, along with voting rights, the right to health care, the right to speak at meeting, even when the situation is directly relating to them, such as water rights. It's virtual apartheid. Pechanga, headed my Mark Macarro, the subject of a recall attempt, tried to usurp the water rights of allottees, lying to congressional staffers about how many allottees were still on the reservation. Redding Rancheria even terminated 25% of their tribe, including their FIRST Tribal chairman. We have tribes like Snoqualmie in Washington, that have stripped citizenship simply for taking a position opposite of the tribal council. And the Picayune Rancheria already terminated 50% of their tribe and are looking at more.

We have politicians who turn a blind eye, because stripping citizenship comes now with a cute moniker: disenrollment. The same politicians who rightfully found the apartheid policy of sovereign country of South Africa abhorrent, now side with tribes who are practicing the same apartheid in their own districts. Equally confusing, the NAACP in CA has taken money from tribes that violate their people's civil rights. We can't get the ACLU to be interested and the Native American Rights Fund won't help those Native Americans who have lost their RIGHTS.

Politicians in CA who were vehemently appalled over neighbor state Arizona’s stricter immigration enforcement laws, going so far as to shrilly calling for boycotting that state over ‘possible’ civil rights violation, are supporting tribes who have actually stripped voting rights, health care, per capita (now totaling $500 million), elder care, educational assistance. They recently passed the Dream Act providing educational assistance to non-citizens, yet won’t stand up for actual citizens.

They tell themselves “well it’s only 9 people, or it’s only 75 people”. Yet how many does it have to be to make it wrong? 75 Redding tribal members, stripped of their citizenship is akin to 80 million Americans losing theirs. The Picayune Rancheria took away citizenship to fully 50% of their tribal people. When is it wrong, or rather “wrong enough”. Would they stand up for union members who didn’t get to vote? Or what if say, the GOP got 25% of Democrats excluded? Would it be wrong? Of course it would.

It’s past time to take it seriously and to stand up for the rights of the individual Indian.

Our government needs to do its job and stand up for the weak and defenseless. Exercising its moral outrage includes:

1. Eliminate funding for tribes who violate the rights of their people.
2. No longer take land into trust for abusive tribes
3. Place enforcement actions into the Indian Civil Rights Act

Tribes have a right to do wrong, but they shouldn’t be supported by our politicians when they do.


See more on Enterprise Rancheria disenrollments  they were rewarded with a casino by Department of Interior.
Robinson Rancheria Disenrollments

25 comments:

Anonymous said...

From our attorney - Rob Roy Smith - "Making Indian Civil Rights and Tribal Sovereignty Synonymous",
Nov. 2008

"Indian civil rights and tribal sovereignty should go hand-in-hand. The best way for Indian tribes to avoid adverse ICRA decisions is to provide protections for their own members' basic civil rights within the tribal system. Such processes will boost respect for tribal institutions, protect tribal sovereignty by eliminating unnecessary federal court review, and will help secure basic civil liberties for tribal members - results everyone can celebrate."

Unfortunately, our Snoqualmie tribal council refuses to honor the civil rights of our tribal citizens. Currently they have stripped the tribal court from hearing any cases against them, against tribal enrollment and membership decisions that they make and tribal elections. They have set up a dictatorship and refuse to hold meetings or elections...violating the civil rights of all our members....and yet the United States government officials put in place to protect our rights and with a trust responsibility to do so, continue to have a "government-to-government" relationship with this illegal government who have already been found in Federal court to have violated our civil rights! They just scoff at the Federal Judge and there is nothing in place to enforce the Judge's decision to remove our permanent banishment.......it's still just a suggestion and our civil rights violation was just an observation from a Federal Judge who just as well could have said "it's raining outside".....it didn't mean a thing! Why are we, the first people of this nation, the last to receive protected civil rights? It's all about the money......Snoqualmie9

Anonymous said...

Thank-you very much for posting this article and for including Snoqualmie!

Disenrollments and banishments are more than a "California" issue.....and the tribe's only get to determine their "MEMBERSHIP CRITERIA"....not their Members......we are not Country clubs like some tribal leaders believe. It is also very shameful for a tribe to change their Membership Criteria from what the Ancestors determined it to be....where is the honor in that?
Snoqualmie9

Anonymous said...

We ask our representatives to hold oversight hearings on enforcement of the Indian Civil Rights act.

Anonymous said...

WE may have all gotten to this point in different ships....but we are all in the same boat now.

WE must act together to help us all. Precedent is good and one state's action can influence another.

Anonymous said...

I really like that this blog is stating facts about the Loss of Tribal Citizenship is Serious and Offensive. Abusers like Pechanga, Snoqualmie, Redding Should be Held in Contempt. These tribes and others who are practicing apartheid techniques are ignored by US Politicians’ who find apartheid repulsive in other countries do nothing in their own backyards.

Keep up the good work informing others

Anonymous said...

Through the years of criminal acts; I have documented and date and time-stamped at BIA, and also faxes sent to Govenor Swarznegger, Daniel Inouye, as well as personal communications.

The marrying of the collections of many clans can be impressive.

The problem has been with the refusal of clans to work to share documents with each other.

I have also stated a willingness to compare dna with clans to "prove" blood of the tribe. I have had my dna tested and have documents....People can also gather in one spot and have independant dna testing done. People's identities have to proven with documents; i.e. birth certificates, drivers' licenses, etc.

Anonymous said...

Would blacks stand by for their American citizenship to be stripped?

smokeybear said...

That post shows to what extent all these Corrupt Tribal Leaders do for their own "Greed!" And especially the "Macarro Cartel," namely Mark Macarro and his Henchmen, and his "Iron Fisted Domination" of the Tribal Council and Enrollment Commitee, and the "Treasonous Acts" that he has perpetrated against true Native Americans within his (no our) membership. It is "Beyond Belief" that our Constitution and Bylaws have been circumvented and totally ignored and no longer stand for the rights of the people it is supposed to protect. In the days of old (before the Casino) the Constitution and Bylaws "Was" the "LAW!" And we were a Sovereign Nation then. And as poor as we were, there was an uneven "Harmony" within our Membership, but Disenrollments/Banishments were unheard of. Then came the "Treasonous Criminal Element" (Mark Macarro and his Henchmen) and Corruption and Greed became their only agenda. They (Mark and his Henchmen) knew that with the extent of our voting power that his (Mark's) "Criminal Element" wouldn't have survived. We knew it, and you know.... "They knew it!" And this under the supposedly "Watchfull Eyes" of the ""Government (Indian Affairs)" and their unrealistic "Indian Civil Rights Act" which has no power to stop these "Treasonous Acts" against the oppressed Native Ameican Indian. The "Government (Indian Affairs)" does have the power to invoke "Sanctions" against these "Corrupt Criminal Tribal Leaders," but has chosen not to do what is Right and Just for the good all true "Native Americans!" They can not continue this "Blind Eye and Deaf Ear" routinely sideing with the "Criminal Element" in "Indian Country!" This is "Inexcuseable!" And brings into "Question" were their loyalties lie? They have shown that their "Loyalties Lie" with the "Casino Indian!" It's all about the "Money," for there is no "Money in helping the Oppressed Native American!"

Anonymous said...

Smokeybear,

The post also seems to point you in a direction to take, rather than just rail over and over about a cartel.

Didn't I read that you met with the BIA? And weren't you supposed to come back with sanctions? Whatever happened? Where are you on that, or, did you drop the ball?

smokeybear said...

Anonymous said...
Smokeybear,

The post also seems to point you in a direction to take, rather than just rail over and over about a cartel.

Didn't I read that you met with the BIA? And weren't you supposed to come back with sanctions? Whatever happened? Where are you on that, or, did you drop the ball?.......No we didn't "Drop the Ball!" The "Ball" was in the B.I.A.'s court, and the five(5) of us were totally "Blown Off!" The "White Man's Whore, Larry Echohawk, Under Secretary of the Government(Indian Affairs), refused to see us, even after repeated formal requests from us for an audience. This was all done through proper channels. Then they sent down some underlings from the B.I.A. to ap-eez us(Because they knew we were't going away peaceably if they didn't)and forceing them to listen to our so called "Gripes." Then they brought up "Sanctions," knowing full well they had no intention of using it against these "Criminal Tribal Leaders!" They just "O-key Do-key-ed" us! You have to know that this was never brought up at the "Tribal Leaders Conference!" Why would they? There is no "Money" in angering these "Treasonous and Criminal Casino Indians!" Again why would they "Bite the Hand that Feeds them. So you see, it isn't from not trying. For they "Know exactly what they are doing." It's all about the "Money!" And, again, "There is no "Money" in helpng the oppressed Native American." And they "WON'T" anytime soon. Because they "DON"T" have too!

Anonymous said...

Your comment and analysis amount to a sob story. The Hunter clan lost its Pechanga enrollment status for lack of adequate membership credentials. Hence, the removal of these non-members conformed the tribal roll to the membership criteria. As all concerned know, the Hunter clan should never have been enrolled in the first place. The removal of these non-members from the tribal roll therefore corrected an error in it. BTW, either owning land or having an allotment interest on the Pechanga Indian Reservation does NOT function as one of the criteria for tribal membership. Living on or near the PIR doesn’t, either. Please know, Dear Reader, the non-members offer misleading views as to Pechanga tribal membership. Worse, muddying the water, these non-members try to impose their own special understanding of criteria for Pechanga tribal membership. This falsifying project didn’t fly before, and it won’t fly now. Finally, the view of attorney Rob Roy Smith, that the Indian Civil Rights Act should somehow apply to determination of tribal membership, merely provides an example of a wrong assumption. Independent of the ICRA, tribes determine their own membership in their own forum. The U. S. Congress, the United States Supreme Court, and the Bureau of Indian Affairs follow this longstanding doctrine. For their own peace of mind, the non-members must accept their status and their fate, while fortunately living as citizens in America.

Anonymous said...

Actually, the Hunter Clan had the proper credentials and they also had evidence as presented to the enrollment committee by their own researcher.

The enrollment committee paid $2,000 for the research and chose not to use it. There is a link on the right side of this post, with a letter from their researcher. That is enough said.


We had some of the lowest membership numbers in the tribe, people like Jennie Miranda couldn't be bothered to register..nor Russell Murphy, the adopted one.

The person above is spreading a lie.

Anonymous said...

The Redding Rancheria forced the Foreman family to exhume the bodies of their ancestors for DNA testing. At 99.5%, their tribal council ruled against them.

It's not only about Pechanga, it's happening throughout CA.

The anonymous a couple of posts above even writes in a sleazy manner and is not believable.

What evidence does he offer that the Hunter family didn't meet the requirements?

smokeybear said...

That post(several posts up), is none other than the "Infamous Anotherview," sprewing his Inaccurate, Illiterate, and Lying through his teeth "Dribble!" He knows that what went down with the (Hunter Clan) Disenrollments were "Unethical" and totally "Illegal! It was ineffect a "Kangaroo Court!" Deviously Planned and Hurriedly Executed so that the real truth couldn't be brought to bare. Even then the evidence was still overwelming, but totally "Ignored" by that "Criminal Element" whose "Lineage" should be the ones in quesion. You know the ones: Child Molesters, Embezzlers, Rapists, and the like that runs so thick in the so called "Governing Body" of the "Pechanga Band of Luiseno Indians!" You got to know that these "Human and Civil Rights Violations" fall under the "Statute" of "Hate Crimes" against their own. And with the "Government (Indian Affairs)" allowing these "Treasonous and Criminal Tribal Leaders" a safe haven from prosecution for these "Hate Crimes!" So, Overview, your inability to "Sidestep the Truth," or try to "Paint a Different Picture" on Evidence you can not even Disute, your "Heckling" is reduced to nothing more than "Unfounded Dribble!" Your comments only help to "Strenghten our "Cause!" For you always seem to "Open Mouth, and Insert Foot!" Talk is Cheap, so why don't you Show us Proof? Oh, that's right......"YOU CAN'T"

smokeybear said...

Anonymous said...
Your comment and analysis amount to a sob story. The Hunter clan lost its Pechanga enrollment status for lack of adequate membership credentials.......Lack of Credentials..."You Pompous A.." We have an Enormous Amount of Creditable Evidence, Undisputable Evidence, your own Expert says we are who we are....and you Side Step this Evidence for you own "Greed!" Lets look at your "Lineage,' Your Credentials? What about your "Adopted," Sniveling, Little We-zz-al...Butch Murphy? We all know he doesn't belong. An you, also know, that having allotted property(and living on that property), on the Rez, does (too) "Constitute Proof of Ancestory!" Your "Macarro Cartel" is, and has been.."GUILTY" of "HATE CRIMES" against their own people. "Human and Civil Rights Vioations" are "HATE CRIMES!" And your "Treasonous Acts" against your own will come back and "Bite you on your "A... ""MARK MY WORDS!" "MARK!"

O Pechanga said...

The tribe determined that ALL disenrollments be stopped. That is the rule of tribal law.

The council did not conform to tribal law.

smokeybear said...

O Pechanga said...
The tribe determined that ALL disenrollments be stopped. That is the rule of tribal law.

The council did not conform to tribal law.

O.P., I think we should post the pertinate sections of our "Constitution and Bylaws" for those of us that are unaware of its content. It is important to note that these documents were put in place, as written, and stand as "Tribal Law!" You have to know that when that "Criminal, Mark Macarro," made lite of "That Silly Little Constitution," he,(Mark), has no intention of ever following "Tribal Law!" That is a "Treasonous Act!" And the "Government(Indian Affairs)" needs to take "Sanctions" against these "Criminal Elements" that won't follow "Tribal Law!" Like that will ever happen, for they won't "Bite the Hand that Feeds Them!" So we need to be more forth coming in our quest for "Justice!" Post the parts of our "Constitution and Bylaws" that is relevent to our cause, for that will bring to light some of the "Corrupt and Criminal Acts" that "Mark and his Henchmen" have done by ignoring the "Law," our "Constitution and Bylaws!" Help me out here, Cuz? It's time to bring out all the dirty diapers..."For All to See." "Mark and his Henchmen" need to be "Exposed" for what they are! "Criminals!"

smokeybear said...

Anotherview....Overview....Fits!

'aamokat said...

Here are some examples of violations of the Pechanga tribe's constitution and bylaws as relating to the disenrollments and the moratorium.

1. The Temecula Band of Luiseno Mission Indians constitution and bylaws, sometimes referred to as the Pechanga Band of Mission Indians, states under Article II (membership):

"The membership enrollment will be opened the first month of each year by the Band's Enrollment Committee"

violation: The moratorium on new adult tribal members because the constitution and bylaws does stipulate open enrollment is the first month of each year.

Under Article VIII (meetings):

"The simple majority of members present shall rule and decide in all matters of government and business of the Band, unless stipulated otherwise in these Bylaws."

Violation: The tribal council allowed the enrollment committee in 2006 to disenroll the Hunters after the petition to outlaw disenrollment was passed into law by the people in 2005. The people are the final authority in matters of who is enrolled and who is disenrolled, not the enrollment committee, as the Band's constitution and bylaws does not state the enrollment committee has this authority.

Under Article V:

"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, uphold the individual rights of each member without malice or prejudice."

Violation 1: Allowing people who started the disenrollment challenges of disenrollees in both 2004 and 2006 to rule on the disenrollment cases of the disenrollees and who were close relatives of key witnesses against them shows malice and prejudice against tribal members.

Violation 2: The tribal council did not uphold and enforce the law that outlawed disenrollments that was passed in 2005 by allowing the Hunters to be disnrolled in 2006.

'aamokat said...

There is tribal legal precedent regarding enrollment issues that the enrollment committee is not the final authority in these matters.

In 1986, after the lineal descendants of Rose Murphy including sitting tribal councilman Russell Butch Murphy, were turned down for tribal membership, the people voted to overrule the committee to take them in as tribal members.

So the claim in the March 2006 letter from the tribal council to the general membership, just two days before the Hunters were dienrolled, that the people could not question or interrupt the enrollment committee regarding enrollment or disenrollment is flat out not true and Russell Butch Murphy is living proof this is the case!

smokeybear said...

Anonymous said...
We ask our representatives to hold oversight hearings on enforcement of the Indian Civil Rights act.

That would be a nice "Gesture," but in effect, there is no provision in the I.C.R.A. for doing anything more then "Recomend" anything to these "Corrupt Tribal Leaders!" So in effect: "Deamed Useless!" So everyone, Please, keep thinking of ways that will(OR CAN) be "Beneficial to our Cause!"

O Pechanga said...

Congress has the ability to amend the Indian Civil Rights Act to add enforcement. These changes come about through oversight hearings as to why the changes are needed.

The ability to get on the record what these tribes are getting away with is critical. The opportunity to ask WHY the committee members would choose corrupt tribal councils over the helpless would be priceless.

We need the hearings.

Anonymous said...

Pechanga, You need to disenroll the entire Murphy Line and the entire Leyva Line, Think about it, They have nothing to prove that they are truly from Pechanga, Now by you disenrolling them, you will gain more control of Pechanga and you will increases your percap tremendously and you will be following your bylaws on the requirements of enrollment. No one would question your actions. Just think about all that money that you will be taking in with a clean conscience.

Anonymous said...

Pechanga, What you need to do first, is remove Mark Macarro from office and you can do this by voting him out by the people. Then you need to start choosing from your families and others that will stick together, that will make a strong bond and start placing them with in the position of council members, chairman and the enrollment committee. Then START DISENROLLING!!!!. Who would even try to stop you. You will be following the bylaws and who will these families turn too, they have absolutely nobody on their side, especially the LEYVA’S. They have NoooooBooooodddddyyyy.

smokeybear said...

I find it disconcerting that in all the years we have had mass terminations of tribal citizenships, no politician has stood up for those Indians who have been harmed by their tribe.........Why would they? "They Won't Bite The Hand That Feeds Them." Again, there is no "Money" in "Helping The Oppressed Native American."