Monday, March 28, 2011

Genocide in California Indian Country

Genocide in California Indian Country

Below is a list of places in California Indian Country where tribal officials are participating in actions to decimate their own people.

The incidents at each has happened since the passage of Props 5 and 1A which legalized Indian Gaming in California. As a result, California Indian Gaming has grown into a multi-billion dollar business where even non-gaming tribes share in revenue generated by California tribal casinos.

The actions taken by the tribal officials are exactly the types of "arbitrary and capricious" acts that were the catalyst for the introduction and passage of the Indian Civil Rights Act. The acts to strip or deny individuals of their basic human and civil rights have been taken in violation of both tribal and federal laws which are intended to protect these rights and privileges of tribal members. The victims have been denied access to fair and impartial forums in which to have their grievances heard, and the tribal officials have invoked immunity from suit to protect themselves from prosecution.

In most instances, individual members have been denied the due process and equal rights protections provided in the Indian Civil Rights Act, as well as language in their Tribe's governing documents which mandates that tribal officials uphold the individual rights of each member without malice or prejudice.

Another commonality exists- each of the tribes listed benefits in some form or fashion from Indian Gaming. Tribes such as the Pechanga Band and Table Mountain Rancheria have highly successful gaming operations, while others enjoy moderate success. Other non-gaming tribes are paid money from the Special Distribution Fund. In total, hundreds of millions of dollars are paid out each year to individual tribal members.

Pechanga Band of Luiseno Mission Indians- 300 adults and children
In 2004, 130+ adult members and their immediate families were disenrolled from the Pechanga Band. The members were all descendants of Chief Pablo Apish, a historically significant leader of the Pechanga/Temecula people. None of the members were allowed to participate in the 2004 tribal elections as a result of their disenrollment.

An additional extended family of approximately 100 adults was disenrolled in March 2006 when tribal officials determined that the ancestor from whom they are lineally descended from was not an Original Pechanga/Temecula person. This determination was made despite the fact that a report prepared by a well known anthropologist hired by the Band's Enrollment Committee concluded she was a Pechanga/Temecula person.

The most recent disenrollment of 100+ adults and children was especially egregious as the General Membership, the Tribe's governing body, had previously passed a law which (1) repealed the Tribe's disenrollment procedures and (2) made it illegal for the Enrollment Committee to disenroll members.


Repost from 2007

15 comments:

smokeybear said...

THE INDIAN CIVIL RIGHTS ACT, WHAT IS THAT? IS'NT SUPPOSED TO PROTECT US ALL FROM THE LIKES OF MARK MACARRO AND HIS "ENROLLMENT" COMMITEE? WHO'S SUPPOSED TO OVERSEE THAT THE INDIAN CIVIL RIGHT ACT IS ADHERED TO-THE BIA? OR IS THERE SOME OTHER GOVERMENT ENTITY? AS I KEEP SAYING, IT REMINDS ME OF THE OLD DAYS WHEN THE INDIAN AGENT WAS IN CHARGE.

Anonymous said...

Sorry Smokey those days are gone. People like Mark have Corrupted Reservations like Pechanga and Will continue to destroy everything what true Indians fought for century's. Money will destroy any Culture. No one ever saw this coming when they enacted the Indian Civil Rights Act and people like Mark manipulate laws for there benefit. We have a lot more to loose then Mark.

Luiseno said...

"The most recent disenrollment of 100+ adults and children was especially egregious as the General Membership, the Tribe's governing body, had previously passed a law which (1) repealed the Tribe's disenrollment procedures and (2) made it illegal for the Enrollment Committee to disenroll members".

How can an illegal act result in a legal ruling? This ruling should carry no more weight than if a court were to rule that black people no longer have a right to vote because of there skin color.

I repeat, the disenrollment of the Hunter family was illegal and as such is null and void.

'aamokat said...

Smokeybear, the Indian Civil Rights Act does provide protection if it is enforceable. But it has weak enforcement provisions so tribes like Pechanga, so far, have been able to get around it.

Luiseno said...

Their (not there), I wish we could go back and re-edit posts)

smokeybear said...

'AAMOKAT, WHO DRAFTED THE INDIAN CIVIL RIGHTS ACT THE"WHITE MAN"? ISN'T THERE A WAY TO GO BACK AND REVISIT WHAT PROVISIONS ARE IN IT, AND MAYBE, JUST MAYBE PUT SOME KIND OF PRESSURE TO BARE AND GET IT CHANGED TO PUT MORE TEETH IN I T SO AS TO HELP THE PLITE OF ALL OF US IN INDIAN COUNTRY WHO ARE BEING SCREWED AND THOSE DOWN THE ROAD THAT WILL BE SCREW?

'aamokat said...

Smokeybear, In 2010 we were writing letters to congress in support of stronger enforcement provisions of the ICRA. We need to follow up on this with the new congress.

smokeybear said...

'AAMOKAT, I AGREE. WE NEED TO PUT MORE PRESSURE TO BARE. I JUST WATCHED THE CHANNEL 4 NEWS ABOUT OUR DISENROLLMENT AND SAW MARK MACARRO LIE THROUGH HIS TEETH ABOUT THEIR OWN ANTROPOLIGIST SAYING, ON CAMERA TO A REPORTER, THAT WE WERE 100% PECHANGA. MACARRO STATED, WE ASKED, THAT IT WAS 90% AND THAT IT WAS INCONCLUSIVE, AND IT'S A CLOSED DEAL. WHAT AN A--.

'aamokat said...

Notice about how Macarro says that he heard a percentage and it was 90percent but with all of the census records, probate records, and notarized depostitions in our favor it couldn't have been 90 percent against us so Macarro pretty much confirmed the facts were very much in our favor.

Also, notice in the KNBC report how he seems to signal with his eyes as if to tell someone in the room who was probably trying to get him to not answer the question about why they didn't go with their own hired expert's fingings like he is saying, "I'll handle the question.

It was probably his brother, tribal attorney John Macarro, telling him to not answer the reporter's question about the tribe's own hired expert.

smokeybear said...

IN THE CHANNEL 4 NEWS REPORT DID YOU ALSO NOTICE HE SAT THERE WITH HIS KNEES TOGETHER LIKE A WOMAN, AND WHEN HE SPOKE HE CONFIRMED IT.

Anonymous said...

is it against tribal law
for the tribal certifers.
certifing non indians as members
and should they be brought to
justice ,

want to know cause that is exactly what has happened in our tribe the sag chips ,
and now cause of the certifiers mistake these people are being diaenrolled cause they have no indian blood whats so ever ,
so who's really accountable here .
and should the certifiers be charged and prosecuted with violating the tribes constitution ,

smokeybear said...

CHARGEED AND PROSECUTED, FAT CHANCE THAT WILL EVER COME ABOUT. QUESTION: IS THERE A DISCIPLINARY COMMITEE INFUSED IN THE CONSTITUTION FOR PECHANGA? AND IF SO HOW DOES IT WORK? IS IT SOMETHING THAT WE ARE ABLE TO BRING TO BARE? AN APPEAL MAYBE, OR HAVE WE BEEN CUT OFF FROM THAT TOO AFTER BEING DISENROLLED?

smokeybear said...

WHAT ABOUT THE PECHANGA TRIBAL LAWYER JOHN MACARRO? HOW MUCH DOES ANYBODY KNOW ABOUT HIM? ISN'T HE INVOLVED IN ALL THE ILLEGAL, AND SHADY EVEYDAY DEALINGS OF THE "MACARRO CARTEL?" THERE IS KNOW WAY HE CAN DOT THE I'S AND CROSS THE T'S AND MAKE EVERYTHING GO AWAY WITH OUT SOMETHING GOING WRONG. WE NEED TO TAKE A CLOSER LOOK AT THIS SOB AND SHAKE THE TREE AND SEE WHAT FALLS. WE HAVE DIG,AND DIG TILL WE FIND WHAT HAS TO BE OUT THERE. IT'S THERE, BELIEVE ME, IT COULD SEND US HUNTERS' IN A NEW DIRECTION.

Anonymous said...

John Macarro and Kristina Cornell Aquino went straight from law school swim in the sewer with Mark Macarro.

In many ways, John Macarro is more ruthless and Mark Macarro and Victor Rocha because he armed and loaded with a law degree.















went straight from law school into the sewer

stand your ground said...

No, little corrupt brother John was so stupid , he did'n get to be a lawyer, no degree for him.
A WANNABE LAWYER.