Monday, April 13, 2015

NNABA Declares Lawyers Advocating FOR Disenrollment: IMMORAL and UNETHICAL: BOOM!

SO it is WRITTEN, So It Shall BE.    The National Native American Bar Association has STOOD UP for Justice, where the NAACP, the ACLU, NARF, NCAI, BIA and The JUSTICE DEPARTMENT  FAILED.

Here is their resolution that was adopted  just last week.   NOW, the Civil Rights division needs to come out SWINGING!



RESOLUTION # 2015-06 


TITLE: Supporting Equal Protection and Due Process For Any Divestment of the American Indigenous Right of Tribal Citizenship

WHEREAS, the National Native American Bar Association (“NNABA”) was founded in 1973 and serves as the national association for Native American attorneys, judges, law professors and law students, and strives to be a leader on social, cultural, political and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians; and

WHEREAS, NNABA works to promote issues important to the Native American community and to improve professional opportunities for Native American lawyers, we do hereby establish and submit the following resolution; and

WHEREAS, the American indigenous right of tribal citizenship is sacrosanct; at tribal common law, the right, once vested, is recognized as an “absolute right.” Terry–Carpenter v. Las Vegas Paiute Tribal Council, Nos. 02-01, 01-02, 10 (Las Vegas Paiute Ct. App. 2003); and

WHEREAS, the United Nations Declaration on the Rights of Indigenous Peoples (“the Declaration”), as endorsed by the United States in 2010, affirms that all at indigenous persons enjoy an inherent “right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned”; and

WHEREAS, Article 34 of the Declaration provides: “Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards”; and


WHEREAS, Article 46 of the Declaration further provides: “In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected”; and

WHEREAS, the Universal Declaration of Human Rights provides: “All are equal before the law and are entitled without any discrimination to equal protection of the law. . . . Everyone has the right to an effective remedy . . . for acts violating the fundamental rights granted him by the constitution or by law”; and

WHEREAS, the federal Indian Civil Rights Act of 1968, as adopted by various tribal constitutions and other laws, provides that: “No Indian tribe in exercising powers of selfgovernment shall . . . deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law”; and

WHEREAS, Native Americans’ right of tribal citizenship is being increasingly divested or restricted without equal protection at law or due process of law, or any effective remedy for the violation of such rights, most commonly through a tribal process known as “disenrollment.”


NOW THEREFORE BE IT RESOLVED, that the National Native American Bar Association hereby denounces any divestment or restriction of the American indigenous right of tribal citizenship, without equal protection at law or due process of law or an effective remedy for the violation of such rights. 

NOW THEREFORE BE IT RESOLVED, that the National Native American Bar Association hereby declares that it is immoral and unethical for any lawyer to advocate for or contribute to the divestment or restriction of the American indigenous right of tribal citizenship, without equal protection at law or due process of law or an effective remedy for the violation of such rights. 

CERTIFICATION 

The foregoing resolution was adopted by the membership at the Annual Meeting of the National Native American Bar Association, on Wednesday, April 8, 2015, with a quorum present. ___________________

16 comments:

Anonymous said...

Knock Knock Macarro et al. Custom and tradition? Disenroll band members who meet custom and tradition. Dishonor heirs and their Ancestors? The truth needs to be straightened out within. Come on Pechanga. The story could be a lot more productive within.

Anonymous said...

It is going to take all natives in Indian Country to demand their rights. Standing up tribe by individual tribe is fine . . but to get traction, it is going to take ALL natives coming together to make the impact!

Anonymous said...

United Nations appears to be influenced to duly adopt the indigenous constitution maybe we should all file as class action as one if possible to enforce the new ammendment maybe families or clans

Anonymous said...

We have received a huge show of support from Native Attorneys.

John Macarro and his ilk were just called OUT....

Anonymous said...

The support has always been there. The truth is easy to share. The liars believed they could go against creation and write the books and everything would be ok. Karma is going settle all actions. Do good and get it back. Do bad and get it back. We ALL have choices every second of every day. Live with your choice. Your children will live with it also.

Anonymous said...

Is it important to strip others rights from them? Is it how we were created to say we are more than you? Nope, we are ALL here for a reason. Abusing others to hold power? lol. That is not our way.

Anonymous said...

Our Ancestors were pushed around by invaders, finally the Federal Gov. settled with our Ancestors. Now we have factions who think it's ok to violate others rights to take away their rights and say we deserve more. KARMA will settle everything.

Anonymous said...

It's interesting that it took 12+ years to have legal experts in Native Law put support into dis-enrollment being a violation of equal protection of law and due process without remedy.

I am proud of this action and am looking to see it gain traction with national attention. I look forward to the day I get to participate in tribal business once more.

pechangaredbrother

Anonymous said...

Lie to the band, Lie to others, lie in a congressional hearing. Ignore the truth, dishonor our creation to hold onto power. Votes kicked to curb, threats made if you don't follow our faction. Forgetting how the Ancestors fought hard to have the creation of the reservation in our name. take away others rights, embarrass others. the roller coaster ride is just getting started. hang on Macarro et al. Your rights maybe taken away next because you allowed others rights to be taken. Hang on! Face the truth from within, or let the story be broadcast everywhere. You can make the choice and live with it! TICK TOCK

Anonymous said...

How about a band that says the band determines ALL policy and procedure and follows custom and tradition. Then a faction goes against bylaws custom and tradition and violates others rights. Then the appeal to this action goes in front of the faction who controls council seats and the entire band is held in the dark and lies and misinformation is shared to justify these illegal acts. The entire band does not make a decision, only a faction, and anyone asking questions is told be quite and go along or your next. Our Ancestors are rolling around until the truth is faced and ALL rights are replaced.

Anonymous said...

Don't you think Macarro would have disenrolled both families sooner if he thought he could get away with it? They plotted and planned for quite awhile and thought that when the general membership voted back in June of 2005 that he would get his green light but he was fooled the general membership voted to cease ALL disenrollment including the pending Hunter family. So he jumped in and vetoed the general membership the one's who he claimed had the final word and disenrolled the family anyway. Even after someone he hired said that the family no doubt belonged to the tribe, disregarded that and disenrolled them anyway. Moral of this story we now need to be the ones to jump in everyone thinks it will not make a difference. How do we know unless we try. Macarro, what goes around comes around.

Anonymous said...

I Don't believe in carma but I believe The truth is being brought forward for justice we must RISE UP TOGETHER AS TIME IS NOW No more waiting warriors action committee s come forward many organizations need to be formed for all disenrolled and moratorium natives UNITED

Anonymous said...

Exactly he broke custom and tradition along with a select others, even the Adopted members. They want to keep federal and state recognition. As a true member of the band we ALL need to be recognized. Not following custom and tradition then using tribal rangers to protect you from violent behavior, we ALL need to step forward and take the band back, or settle from within. ITS TIME TO REPAY ALL MEMBERS WHO WERE ENROLLED PRIOR TO THIS UNFAIR ACTION FROM WITHIN.

White Buffalo said...

I know in our case my grandfather was a first hand witness to the testimony of his grandmother who our disenrollment is center around. Francis knew he could refute any claim against us. they waited of him to die before they moved on us.

Anonymous said...

Make your own Karma...keep telling the story of the crimes against Native Americans...

Anonymous said...

Keep telling the TRUTH.....It will shine the light on the LIES!!!