Wednesday, February 22, 2023

Protecting The Individual Indian From Corrupt Disenrollment Actions Requires Congress to ACT

Since over 10,000 Native Americans are affected by tribal disenrollment, protecting the Individual Indian with legislation is something to consider.

How might an anti disenrollment act against tribal nations that run apartheid reservations, like Pechanga of Temecula CA or Nooksack of WA look like? 

If Congress were to consider passing an anti-disenrollment act that specifically targeted tribal nations that were accused of engaging in discriminatory or unjust disenrollment practices, such legislation might include provisions such as: 

Setting minimum standards for tribal disenrollment procedures: The legislation could establish clear criteria and procedures for tribal membership and removal, and require tribes to provide notice and an opportunity to be heard before making any final decision to disenroll a tribal member. 

Providing due process protections: The legislation could require that tribal members facing disenrollment be provided with due process protections, such as the right to an attorney and the right to a fair and impartial hearing.  Those of us from Pechanga were prohibited from having attorneys at our hearing. We weren't even allowed to face our accusers

Protecting against retaliation: The legislation could prohibit tribes from retaliating against members who speak out against the disenrollment process or who participate in efforts to challenge the decision to remove them from tribal rolls. 

Establishing an independent review process: The legislation could require that tribes establish an independent review process for any decision to remove a member from tribal rolls, and that the review process be fair, transparent, and impartial. 

Providing oversight and enforcement: The legislation could establish a mechanism for oversight and enforcement of the new rules, potentially through the creation of a federal commission or other body charged with monitoring compliance with the law. 

It is worth noting, however, that any effort to pass federal legislation that specifically targeted tribal nations would need to be carefully crafted to respect the principles of tribal sovereignty and self-determination, and to ensure that the interests of both individuals and tribal communities are protected. 

As noted warrior for justice Marilyn Vann said  



Anonymous said...

Set up a petition Rick. Should get well over 10,000 signatures. We need to put Fawn Sharp, NCAI, Deb Halaand and BIA on the spot. We need action NOW! It's a shame Indian Country Today won't post about the hypocrisy of Fawn Sharp and Deb Halaand. Keep up the fight Rick, we are blessed to have you!

Anonymous said...

When congress allowed the BIA to give all enrollment powers to greedy corrupt tribal leaders they knew this would happen!! If they reverse that decision they’d be admitting a mistake and then they’d look bad.