Monday, July 2, 2012

Harold Monteau Opinion: Indian Civil Rights Act a FAILURE

An opinion piece from Harold Monteau in Indian Country Today on the FAILURE of the Indian Civil Rights Act.

The Indian Civil Rights Act has been a dismal failure, if one considers its original intent; to protect tribal members and others subject to tribal jurisdiction from arbitrary and capricious acts by the tribal governing body and individual tribal officials. That is, unless a tribe has adopted the rights set out in the ICRA as substantive tribal law with remedies beyond the restrictive “habeas corpus” Federal Court relief. Some tribes have adopted the substantive rights in the ICRA but extend civil remedies beyond the restrictive “habeas corpus” and even allow for monetary damages (only where the tribe is covered by insurance or other such indemnification). Those tribes are in the minority. Unfortunately many tribes still hide behind the tribe’s sovereign immunity as they commit arbitrary rights violations upon their own membership and others.

Original Pechanga’s Blog Native American Hall of Fame Read More HERE

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