Saturday, April 1, 2023

Disenrollment and the Betrayal of Tribal Members' Civil and Human Rights With Tacit Approval of Congress and Native America

 A quick follow up to Paul Johnson's article AREN'T Native Americans Entitled to Civil Rights  read that, then this.

The violations of civil and human rights that occur when individuals are disenrolled without due process are abhorrent. The following are some of the key rights that are violated in such cases:

Unbiased tribunal: All individuals have the right to a fair and unbiased hearing. When tribal governments fail to provide an impartial tribunal, the integrity of the process is compromised.

Notice of proposed action and the grounds on which it is based: The right to notice is a fundamental principle of due process. Without proper notice, individuals may not have the opportunity to prepare a defense and respond to the charges against them.

Opportunity to present a reason why the action should not occur: The right to be heard is essential to due process. When individuals are disenrolled without the opportunity to present their case, their rights are violated.

Right to call witnesses on your behalf: The right to call witnesses is a fundamental aspect of a fair hearing. When individuals are disenrolled without the ability to call witnesses, they are denied a fair process.  The action of disenrollment abusing this principle makes the action unjust

Right to know what evidence is brought against you: Without the right to know what evidence is being used against them, individuals may not be able to mount a proper defense.  In our case, Pechanga IGNORED the evidence they paid for, since it didn't produce the action they wanted.  They accepted hearsay evidence

Right to have the decision based only on the evidence: STOP LAUGHING!   Decisions must be based solely on the evidence presented in a fair hearing. When decisions are made without proper evidence, individuals may be disenrolled unfairly.

Right to counsel: The right to counsel is a fundamental principle of due process. When individuals are disenrolled without the ability to have legal representation, their rights are violated.

Right to a public proceeding: The right to a public proceeding helps ensure transparency and accountability. When hearings are held in secret, the process is more likely to be unfair.  When we are told we can't speak about it, it's unjust

A record of the proceedings: The right to a record of the proceedings helps ensure that decisions are made based on the evidence presented.  We weren't allowed writing implements..we you?

Right to judicial review: The right to judicial review helps ensure that decisions made by tribal governments are subject to review by an impartial court.   WHY the need to invoke sovereignty, when a review of the facts, if just, would stand for themselves

When any of these rights are violated, the integrity of the disenrollment process is compromised, and the rights of the impacted individuals are violated.   Any rights, not all....but if all are violated, there is no justice

1 comment:

Chief MoFo said...

To Deb Haaland: WE ARE STILL HERE!