NOW, we need to keep the pressure on with...REAL political action. Take ACTION by signing this petition requesting the Senate Indian Affairs Committee hold field hearings into violations of the INDIAN CIVIL RIGHTS ACT. Computer activism is very easy.....
Santa Clara Pueblos v. Martinez made a joke of the ICRA. The Supreme Court ruled that it was the intent of Congress to omit enforcement provisions in the ICRA and thereby emasculate the guarantees of civil rights to Indians.
We need an answer from the Senate Committee on Indian Affairs. Was it really the intent of Congress to create legislation defining guarantees of Civil Rights for Indians that could not be enforced? Does the lack of enforcement provision for the ICRA really mean that the Civil Rights of Indians can be violated without repercussion? Did Congress really think that Tribes would be the guarantors of Indian Civil Rights and that the federal government should play hands off when Tribe commit egregious and continual violations?
Why even have an ICRA if the answer to any of these questions is Yes? It is one of the greatest insults to American Indians in the history of the U.S. that Indians who are U.S. Citizens must endure civil rights violations from their own tribes, that these violations are committed with the cooperation of the BIA, while the DOJ sits idly by.
A band stands up and makes a decision which is custom and tradition in the bands records. Then the current elected council ignores the bands decision and ignores custom and tradition that the band makes all the decisions for the band. There is no way to go against the councils decision peacefully and a whole clan is separated from history. This family is recorded Allotted Indians from the federal recognition period of the band. There is no legal action to challenge the councils decision. Sad but true. Pechanga
In the case at Pala, why can't the Members file suit against the BIA for allowing a citizen Indian,(Robert Smith)to be Chairman of the Band
when they know that he is not eligible to hold that title.
His Grandfather was a citizen Indian therefore meaning that his Grandfathers blood line stops and the children have no rights to claim the blood degree of the Grandfather.
And also Robert Smiths Mother's Father is listed as "UNKOWN" on her birth records and at the BIA, so that makes her a non Indian, or as the EC puts it, a white woman.
We have done a large amount of research and have all the records from the BIA the County of San Diego and according to the records and the Laws of the U.S.Government, Robert Smith does not have to blood line to be enrolled in Pala or any other Reservation, he is legally considered a WHITEMAN and he knows this.
I think the BIA would easily obtain a dismissal of any such complaint on the grounds that it is the duty of the Election Committee to validate tje eligibility of a nominee and therefore an internal tribal matter in which the Bureau should not interfere.
That's a bunch of bullshit.Then how do we get him out of office?
Can't vote him out, the elections are fixed, and we have all witnessed what happens when you question any of his motives or decisions, you are gone-dis-enrolled-banished.
Maybe someone will do everyone a favor and take him out for good.
I think that Robert Smith is actually afraid of what is to come if by chance someone else becomes the Chairman.
He knows that he would be the target of dis-enrollment along with his entire family and his backers including Nieto and Maxcey and he will do whatever it takes to stay in power.
Or at least until his health takes him out.
Then his family will pay with their dis-enrollment and banishments.
But he doesn't give a damn about that.
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