Wednesday, February 29, 2012

Editorial: BIA's Refusal To Act Led to Violence Plus Response From A Disenrolled Chukchansi

Here's an editorial in the Fresno Bee that gets a lot of things RIGHT. But following the piece is a rebuttal from disenrolled Chukchansi member Cathy Cory

It’s difficult to find anyone in the Chukchansi tribal controversy who shouldn’t share the blame for the dispute turning violent today. Both factions in the leadership battle took calculated steps that made violence likely. Government officials from the Bureau of Indian Affairs to the Madera County sheriff’s office refused to act, even when it became clear that illegal acts had been committed.

It is no excuse to say that tribal sovereignty prevented authorities from moving earlier. When it got to the riot stage, law enforcement finally got involved, rushing to the scene with officers from multiple jurisdictions. Tribal sovereignty was no longer an excuse to look the other way.

But the agency that is most to blame is the Bureau of Indian Affairs, which repeatedly refused to sort out the tribal dispute. The BIA, which is under the U.S. Department of Interior, should be very embarrassed over its unwillingness to do its job when its presence was needed most.

Had the BIA heeded the many early calls to recognize the duly elected tribal leadership, the dispute likely would not have gotten this far.

There are many victims, includal tribal members. It’s a sad time for the once-proud Picayune Rancheria of Chukchansi Indians. The tribe's leaders rioted instead of resolving their dispute honorably.

Official say up to 50 members of the rival Chukchansi Indian leadership factions were escorted from the tribal offices by law enforcement this afternoon. Two people were injured when a melee involving about 40 people broke out earlier at the grounds of the Picayune Rancheria.

This is a story of how gambling money ripped apart the Chukchansi tribe. It's about who controls the tribe's casino and who gets to benefit from the gambling money. An election in December, changed tribal council leadership, but the losing side refused to give up control. The BIA would not get involved and the sheriff called the dispute a “family matter.”

Both were outrageous responses to growing trouble with the tribal leadership. The election results were clear, but the BIA empowered the losing side by not acting.

While authorities ducked the difficult issues in this dispute, the refusal of the losing faction to leave in December started us on the course that ended in a riot. But that did not give the other side — which was the duly elected council — the right to break into the tribal offices on Monday.

The Bureau of Indian Affairs could have recognized the proper leadership. But the BIA shamefully refused to get involved.

This is a very sad saga that just might make California voters rethink their support of tribal gaming.

Cathy Cory's Response:

Although many of the articles in regard to the conflict at picayune seem to describe it as "recent," this is hardly the truth...these conflicts in regard to disenrollment and power within the tribe have been ......occurring for almost a twenty year period...the BIA and CONGRESS have long been aware of what is going on within several gaming tribes--this horrendous violation of thousands of indian people's tribal, civil, and human rights by their own corrupt tribal governments--BUT HAVE REFUSED PLEAS FOR HELP IN THIS VERY THEFT OF THEIR BIRTHRIGHT AS INDIAN PEOPLE...

Over 200 people were disenrolled from picayune in 1999, another 500-600 in 2006-2007, 57 in 2011, and around 70 thus far this year with another 200 pending...OVER ONE THOUSAND CHUKCHANSI PEOPLE--ELDERS AND FUTURE GENERATIONS--HAVE BEEN DISMEMBERED OR ARE PENDING DISENROLLMENT AS OF TODAY (significantly, in a tribe that had 1073 members in 1998 "pre-chukchansi gold"--NEARLY 2/3 OF THE TRIBE)

Picayune is only the tip of the iceberg...redding, dry creek, table mountain, pechanga, pala, san pasqual, enterprise--over 20 of the gaming tribes or those attempting to establish gaming here in california are engaging in this horrific genocide and theft of the very birthright of THOUSANDS of indian people WITHOUT SANCTION BENEATH THE GUISE OF "TRIBAL SOVEREIGNTY"...

Department of justice, the federal bureau of investigation, congress, and the bureau of indian affairs-- ALL should be involved at picayune...the tribal government there should be made to bring ALL the people home to picayune, and if unwilling to do so the casino should be closed and federal funds withdrawn until they do...

Honor the ancestors, the history, and the circle of our chukchansi people...bring the people--ALL the people--home to picayune...AND to every other tribe engaging in this blatant destruction of their people through dismemberment and nonrecognition...


chaplaw49 said...

BIA Agency has a "template" that the Superintendent and his staff review after each tribal election under their jurisdiction to determine if the election was executed in accordance with tribal law. After review and seeing compliance with the ICRA in the voting process, the Agency Superintendent sends the Tribe a letter stating that he/she recognizes the "following officials as those thru which he/she will recognize for the BIA to carry out its government to government relationship with the Chukchansi." Someone needs to ask why the Agency Superintendent did not act on that simple template and either accept or reject the election and accept or reject federal recognition of those who won the recent election at Chukchansi. The Election Committee or Council must send the results certified to the Agency. Did that happen? Maybe the Superitendent is blamed for the delay and it was at tribal level where the confusion happened. Where are the facts? Let's hear the facts in this forum or thru the lawyers representing both sides here. Much is at stake and we do not need Congress bulldozing in because this is just a "cute" thing now that human was stabbed and property destroyed. Congressman Nunes ought to be out there asking what are the "root causes" for this international human rights trajedy.

stand your ground said...

The Root for all these
disenrollments is hatred and greed that is infiltrading Indian Country.

Anonymous said...

With huge sums of money flowing around in a big business like Casino this may come as a big surprise to some:

Law Enforcement officers are taking bribes!

That's why they don't do anything when they are supposed to.

Because the tribal members who are in power are giving those officers kick-backs.