Friday, April 27, 2012

American Indian Rights and Resources Organization Submits to UN Rapporteur UPDATE: Link Added

I have a link to AIRRO’s Submission Full Text Version, but here are the conclusions submitted:



First and foremost, the State should provide an efficient enforcement mechanism for the redress of alleged violations of the ICRA and other tribal and/or federal laws enacted to protect and preserve the rights of the individual Indian. The mechanism should include de novo review by federal courts of tribal court actions, upon the exhaustion of tribal remedies, where violations of the ICRA are or have been alleged. And, in instances where there is no tribal court, individual(s) alleging violations of the ICRA or other human and civil rights violations shall be allowed to file an action in federal court and the federal court shall have jurisdiction to hear the dispute. Tribal officials, as well as State officials, shall not be allowed to invoke immunity from prosecution for alleged rights violations nor shall a tribe’s sovereignty shield its officers, employees, or agents.


The State has previously amended the ICRA, so such action is not unprecedented. The Tribal Law and Order Act of 2010 changed the ICRA to ensure that defendants in criminal proceedings in tribal courts are afforded the same or similar rights and/or privileges as criminal defendants in the courts of the State. While the rights of criminal defendants were expanded on, no action was taken by the State to “fix” the flaws of the ICRA which affect the basic human and civil rights of those victimized as a result of the ICRA.

Secondly, State agencies, such as the Department of Justice, the Department of the Interior, and the State Department, shall have the authority and responsibility to investigate and/or prosecute alleged rights violations committed against indigenous people of the State. At its homepage (www.jostice.gov/otj/civilrights.htm), the Department of Justice Civil Rights Division clearly states that it does not have the authority to enforce the ICRA. The AIRRO is unaware of any State department or agency which exercises such authority or which will uphold its trust responsibility to protect the rights of the individual Indian.

The BIA shall also be required to review and approve or deny any and all actions taken by tribal governments and/or tribal officials which may affect the rights of an individual or group. Alleged violations of the ICRA shall require automatic review and the BIA shall have the authority to over-rule actions taken in violation of the ICRA or other applicable tribal or State laws. BIA intervention, as a department wide policy can be effective if it has the authority to act and hold violators liable for their actions.

Furthermore, the State must be proactive in addressing the growing number of abuses committed against its indigenous people. The State needs to address the policies, programs, and laws governing the rights of its indigenous people. The State must take action to change the current environment, an environment it created, which allows for and fosters the wholesale denial and abolishment of basic rights.

The indigenous people of the State must also look to the international community, the United Nations, and other intergovernmental organizations for assistance to address the growing number of rights violations occurring in Indian Country.

The AIRRO appreciates this opportunity to submit this information as this conference and consultation is important to the promotion and effectiveness of the Declaration within the State and Indian Country. Please feel free to contact AIRRO at the address listed above or via email at AIRRO_01@msn.com if you require additional or follow-up information.

9 comments:

Anonymous said...

Do you mean in paragraph #3 www.justice.gov not www.jostice.gov???

Erick Rhoan said...

I'll read this later.

I am still unsure as to what AIRRO actually "does" other than maintain a website.

Anonymous said...

pretty funny eric,,,

smokeybear said...

Anonymous said...
pretty funny eric,,,

Erick has a point! AIRRO hasn't been out there "Beating the Bushes" with any kind of "Ferver, and hasn't been to "Heavy" in the "Dragon Slaying Business." I'm all for AIRRO, for every shot at the "Ultimate Prize"..."Birthright and Heritage"..."Reinstated," is what it's all about. It takes $$$ to fight off these "Criminals," and the "Casino Indians" basically, have it all....Eagle Eyes."

White Buffalo said...

ARRIO is out there fighting for all who are disenrolled. In an earlier post it was mentioned that the tribes have the money, well this is true. I know that ARRIO works and is working. Just recently John Gomez sent out an email with a letter to the UN committee the article “Submission of the American Indian Rights and Resources Organization To the United Nations Special Rapporteur on the Rights of Indigenous Peoples” was a well drafted and researched article. I know from experience how much time it takes to write a quality paper that uses data, testimony, and corroborated evidence. Most if not all of the members of ARRIO do not eat from a silver spoon, in fact most have to work like the rest of us to support ourselves. We must remember that ARRIO also lobbies for us in Sacramento and Washington DC. Again from personal experience it is very frustrating to have limited monies when seeking time with our representatives. I have stood in the hallways and watched professional lobbyist with their fancy suits just walk in to the office of Joe Assembly man in Sacramento, while I had to wait outside for an appointment that was then canceled by Joe Assemblyman’s secretary because the dude with the suit was late to his appointment. What I am saying is that we all who are disenrolled should become members of ARRIO and grow into the force that is worthy of respect.

Anonymous said...

How about us who have not been disenrolled and want to help to Stop Disenrollment?

Erick Rhoan said...

I'm not saying AIRRO isn't doing anything on behalf of the disenrolled, but they certainly aren't advertising it on their website. I had to google around for a few minutes to find out what they've been doing THIS year. I should have been able to find all that on their website. Instead, the latest update was from 2011. The AIRRO newsletter is a PDF download from 2006. Updating a website is neither difficult nor expensive. I've done such work before for large non-profit corporations and educational institutions, and if I had a lot of updates to get done, it would take me less than two hours. Doing original research and writing documents (as well as web copy) is time consuming, don't get me wrong. But there's nothing wrong with posting an update about it.

I understand that grass roots organizations require a lot of manpower, time and money, but some things cannot be glossed over like up to date information. Otherwise, potential supporters will think you're either: 1) not serious; 2) no longer exist; or 3) even worse, not relevant.

Calling our attention to your own personal gripes is not going to persuade anyone that your organization is actually working on behalf of anyone, or that we should join it. I never ate from a "silver spoon" either, but I don't need to say that to make a point.

Anonymous said...

This is great! I don't know who erick is but his is right!

(personal gripes is not going to persuade )

TONY ROBBINS a great motivational speaker has a video out (get it)!

He said "change your story" I will explain.

1. I can't lose weight because of my kids.
2. I can't lose weight because it rains to much in my city.
3. I can't lose weight because my bones are to big?

DO YOU GET IT "change your story"

1.I was raped by pechanga.
2.They no follow laws.
3.jennie a bitch.
4.butch a dick.

"change your story" move on to a positive story of success,....

Anonymous said...

Please go to http://wh.gov/Ed1 and create an account and sign the petition to PROTECT THE CIVIL RIGHTS OF NATIVE AMERICANS. We need 25,000 by june 1st for Obama to take action.