Showing posts with label ICRA; Pechanga Civil Rights Violations; BIA; Ken Salazar; Barack Obama. Show all posts
Showing posts with label ICRA; Pechanga Civil Rights Violations; BIA; Ken Salazar; Barack Obama. Show all posts
Thursday, May 2, 2013
PROCESS? Obama Administration Doesn't NEED PROCESS in Tejon Matter
In a preview of how the Obama administration will treat illegal immigrants, allowing many to stay here without going through the process that millions of legal immigrants go through, Barack Obama's Interior Department will allow Larry Echohawk's scheme for the Tejon Indian Tribe to Stand.
The U.S. Department of Interior will uphold a decision to add a Central California Native American tribe to a list of federally recognized tribes despite a critical assessment of the move by a government watchdog.
Federal recognition has given the Tejon Indian Tribe the right to a reservation where it can pursue a casino.
The department said in a statement that the Tejon did not appear on the list of federally recognized tribes solely due to an administrative error. It said the 2011 decision to reaffirm the tribe near Bakersfield corrected that error and will be upheld.
The department's Office of Inspector General criticized the decision in a report released on Tuesday, saying it found no discernible process that was followed in recognizing the tribe.
Read Larry Echohawk’s Legacy Tarnishing
Wednesday, May 1, 2013
Former Indian Affairs Secretary Larry Echo Hawk's Legacy Tarnishing??
Apparently, Larry didn't need no stinkin due process to select TEJON TRIBE for Recognition...
The Office of Inspector General investigated former Assistant Secretary-Indian Affairs (AS-IA) Larry Echo Hawk’s decision to “reaffirm” the Tejon Indian Tribe of California in December 2011 without going through the acknowledgment process set forth in 25 C.F.R., Part 83, “Procedures for Establishing That an American Indian Group Exists as an Indian Tribe.”
We found that the Tejon Tribe, along with several other American Indian groups, submitted petitions requesting reaffirmation by the AS-IA. These petitions were outside the Part 83 acknowledgment process, which is the official process for recognizing Indian groups as tribes and is administered by the AS-IA’s Office of Federal Acknowledgment (OFA). We could not find any discernible process Echo Hawk and his staff might have used to select the Tejon Tribe for recognition above the other groups.
We also found that Echo Hawk and his staff did not consult with OFA or with Bureau of Indian Affairs (BIA) leadership before deciding to reaffirm the Tejon Tribe. Because OFA was not consulted, other American Indian groups with historical, genealogical, and ancestral claims to the original Tejon Indians were left out of the process. In addition, not involving BIA leadership caused budgeting and operational difficulties for BIA, which in turn slowed down the process for providing Federal services to the Tejon Tribe. The AS-IA also denied subsequent requests by BIA for additional FY 2013 funding, which was needed to provide these services for the newly recognized Tribe.
Read about MORE of Larry Echo Hawk's process on San Pascual.
Thursday, July 14, 2011
Congressional Panel Looks to Reverse Supreme Court On Land/Trust Issue; Avoids Civil Rights Issues
Legislation seeking to expand the federal government's authority to place land into trust for Indian tribes drew a mixture of praise and criticism Tuesday, as the contentious plan came before a congressional panel. Read the Press Enterprise story
Supporters argue that action is needed to end unequal treatment of tribes under current law. Opponents say the legislation ignores the concerns of non-Indians -- including Inland Southern California residents -- living near reservations. And, they say, it would pave the way toward unchecked proliferation of Indian gaming operations, particularly in California.
Debate over the U.S. Interior Department's power to take land into trust follows a 2009 U.S. Supreme Court decision that the agency does not have the authority to do so for tribes that were not federally recognized in 1934, when the landmark Indian Reorganization Act was passed. Do we really want the BIA to have more power?
"This decision creates two classes of Indian tribes -- those that can have land in trust and those that cannot," Rep. Tom Cole told members of the House subcommittee on Indian affairs. "This two-class system is unacceptable."
Cole, R-Okla., authored one of two pending bills that would effectively reverse the Supreme Court and give the Interior Department power to take land into trust for tribes, regardless of when they became federally recognized. His version exempts land in Alaska from that authority, while the other version, introduced by Rep. Dale Kildee, D-Mich., applies to all federally recognized tribes.
Rep. Joe Baca, D-Rialto, (who gets a lot of money from tribes, and who fails to respond to Indians whose rights are violated.) is among 27 co-sponsors of the latter bill.
Broad Interior Department authority to place land into trust ignores concerns held by local communities affected by the expansion of reservations and gaming operations, critics say.
"Congress must deal wholly and fully with the impacts caused in states and local areas populated with communities of non-Indian citizens who will directly and financially suffer the impacts of federally created gaming," said Cheryl Schmit, director of Stand Up For California, a statewide group that focuses on gambling issues.
Supporters of the legislation note that 95 percent of the roughly 2,000 pending requests from tribes to have land taken into trust on their behalf are for non-gaming purposes. Schmit argued that tribes often change their stated plans for land once it is safely in trust, often to further their gaming operations. WE discuss that issue HERE where John Macarro said: , "Once the land is placed in trust, a tribe has complete zoning and planning authority over it and can change land uses just as a county or city can change or update its general plan or zoning designations
Currently, there are 78 tribal groups seeking federal recognition in California, including 11 in the Southern part of the state, Schmit said. Additionally, there are 135 pending requests for land in the state to be placed into trust for recognized tribes.
Locally, the Soboba Band of Luiseño Indians is moving forward with a 535-acre project to include a new hotel and parking facility.
San Jacinto resident Jerry Uecker, who was at Tuesday's hearing but did not testify, said he is concerned about what the project will mean for the 1,200 people who live in three small communities adjacent to the land in question.
"The life they'd hoped for is at risk," he said.
In a statement issued Tuesday, Soboba leaders maintained that the project would not lead to expanded gaming, increase crime or hinder access to emergency services to the non-Indian residents in the area.
The proposed legislation would not affect the Riverside County tribe, since it was recognized prior to 1934.
Once land is into trust, tribes, including those like Pechanga, which practices apartheid on their reservation, can do what they want.
Supporters argue that action is needed to end unequal treatment of tribes under current law. Opponents say the legislation ignores the concerns of non-Indians -- including Inland Southern California residents -- living near reservations. And, they say, it would pave the way toward unchecked proliferation of Indian gaming operations, particularly in California.
Debate over the U.S. Interior Department's power to take land into trust follows a 2009 U.S. Supreme Court decision that the agency does not have the authority to do so for tribes that were not federally recognized in 1934, when the landmark Indian Reorganization Act was passed. Do we really want the BIA to have more power?
"This decision creates two classes of Indian tribes -- those that can have land in trust and those that cannot," Rep. Tom Cole told members of the House subcommittee on Indian affairs. "This two-class system is unacceptable."
Cole, R-Okla., authored one of two pending bills that would effectively reverse the Supreme Court and give the Interior Department power to take land into trust for tribes, regardless of when they became federally recognized. His version exempts land in Alaska from that authority, while the other version, introduced by Rep. Dale Kildee, D-Mich., applies to all federally recognized tribes.
Rep. Joe Baca, D-Rialto, (who gets a lot of money from tribes, and who fails to respond to Indians whose rights are violated.) is among 27 co-sponsors of the latter bill.
Broad Interior Department authority to place land into trust ignores concerns held by local communities affected by the expansion of reservations and gaming operations, critics say.
"Congress must deal wholly and fully with the impacts caused in states and local areas populated with communities of non-Indian citizens who will directly and financially suffer the impacts of federally created gaming," said Cheryl Schmit, director of Stand Up For California, a statewide group that focuses on gambling issues.
Supporters of the legislation note that 95 percent of the roughly 2,000 pending requests from tribes to have land taken into trust on their behalf are for non-gaming purposes. Schmit argued that tribes often change their stated plans for land once it is safely in trust, often to further their gaming operations. WE discuss that issue HERE where John Macarro said: , "Once the land is placed in trust, a tribe has complete zoning and planning authority over it and can change land uses just as a county or city can change or update its general plan or zoning designations
Currently, there are 78 tribal groups seeking federal recognition in California, including 11 in the Southern part of the state, Schmit said. Additionally, there are 135 pending requests for land in the state to be placed into trust for recognized tribes.
Locally, the Soboba Band of Luiseño Indians is moving forward with a 535-acre project to include a new hotel and parking facility.
San Jacinto resident Jerry Uecker, who was at Tuesday's hearing but did not testify, said he is concerned about what the project will mean for the 1,200 people who live in three small communities adjacent to the land in question.
"The life they'd hoped for is at risk," he said.
In a statement issued Tuesday, Soboba leaders maintained that the project would not lead to expanded gaming, increase crime or hinder access to emergency services to the non-Indian residents in the area.
The proposed legislation would not affect the Riverside County tribe, since it was recognized prior to 1934.
Once land is into trust, tribes, including those like Pechanga, which practices apartheid on their reservation, can do what they want.
Friday, June 24, 2011
AIRRO: American Indian Rights and Resources Organization and the Indian Civil Rights Act
Abuse of individal Indians at the hands of tribal governments and/or tribal officials- led to the introduction and enactment of the Indian Civil Rights Act of 1968 (ICRA). Unfortunately the ICRA did not contain an effective enforcement mechanism to deter tribal governments from violating the rights of the individual. Here is a portion of the information AIRRO put together on why we need enforcement of ICRA. SIGN PETITION HERE
The American Indian Rights and Resources Organization (AIRRO) is a Native American rights organization which is dedicated to the protection, preservation, and enforcement of the human rights of individual Indians through-out United States Indian Country. OP: PLEASE consider supporting AIRRO with your membership, details at the link above.
Earlier this year, the AIRRO submitted information to the OHCHR for use in the Universal Periodic Review of the United States human rights record. AIRRO’s submission highlighted the trend of civil and human rights abuses indigenous people are being subjected to and the United State’s role in creating an environment for such injustices to occur. The AIRRO believes that both the UN and the United States should address the growing number of human and civil rights abuses in Indian Country and work towards the enforcement of previously enacted laws governing Indian civil and human rights.
The most egregious human rights issues that have gripped Indian Country over the last decade include the taking of ones citizenship; the denial of basic rights and freedoms; and the severing of spiritual and cultural ties to ones people and land. In place of actual physical genocide, acts such as disenrollment, banishment and the denial of citizenship are “killing off” generations of Indian people.
Disenrollment is the stripping of one’s citizenship in his or her tribe. Banishment is an act taken against individuals or groups whereby they are barred from entering and/or staying within their tribal reservation or other tribal lands. Denial of membership is an act to keep those eligible for tribal citizenship off the tribal rolls.
Disenrollment (described here, liked being RAPED and having the RAPIST judge you) has been characterized as an act committed by tribal officials “without any concern for human rights, tribal traditions or due process… as a means to solidify their own economic and political bases and to winnow out opposition families who disapprove of the direction the tribal leadership is headed…(It) has tragically become almost commonplace in Indian country, leaving thousands of bona fide Native individuals without the benefits and protections of the nations they are biologically, culturally, and spiritually related to.”
The State is in large part responsible for the growing problem of human rights abuses in Indian Country. Its responsibility lies with the laws it has enacted and the failures of its agencies to carry out the trust responsibility due the individual Indian.
Of note, in 1968, after an investigation by the Constitutional Rights Subcommittee of the Senate Committee on the Judiciary, the Indian Civil Rights Act (ICRA) was passed.
The ICRA was adopted to ensure that tribal governments respect the basic human and civil rights of individual Indians and non-Indians. The ICRA was intended to extend constitutional rights to individual Indians and thereby “protect individual Indians from arbitrary and unjust actions of tribal governments.” Under the ICRA tribal governments were prohibited from enacting or enforcing laws that violate certain individual rights.
Unfortunately, the ICRA failed to include an effective enforcement mechanism: save for a writ of habeas corpus, aggrieved individual(s) were barred from holding the offending tribal government or tribal official(s) accountable for violations of tribal and/or federal law.
The ICRA was further neutered in Martinez v. Santa Clara Pueblo which held that the ICRA, although a federal statute, was not enforceable in federal court. While the Martinez decision did allow for State intervention in limited instances, the Bureau of Indian Affairs (BIA), an agency within the Department of the Interior, has routinely declined to intervene.
The failures of the United States in regards to enforcement of the ICRA led William B. Allen, at the time, a member of the United States Commission on Civil Rights, to point out that no federal money had been spent on the enforcement of fundamental civil rights of American citizens (including the indigenous population) domiciled on reservations since the Martinez decision.
The American Indian Rights and Resources Organization (AIRRO) is a Native American rights organization which is dedicated to the protection, preservation, and enforcement of the human rights of individual Indians through-out United States Indian Country. OP: PLEASE consider supporting AIRRO with your membership, details at the link above.
Earlier this year, the AIRRO submitted information to the OHCHR for use in the Universal Periodic Review of the United States human rights record. AIRRO’s submission highlighted the trend of civil and human rights abuses indigenous people are being subjected to and the United State’s role in creating an environment for such injustices to occur. The AIRRO believes that both the UN and the United States should address the growing number of human and civil rights abuses in Indian Country and work towards the enforcement of previously enacted laws governing Indian civil and human rights.
The most egregious human rights issues that have gripped Indian Country over the last decade include the taking of ones citizenship; the denial of basic rights and freedoms; and the severing of spiritual and cultural ties to ones people and land. In place of actual physical genocide, acts such as disenrollment, banishment and the denial of citizenship are “killing off” generations of Indian people.
Disenrollment is the stripping of one’s citizenship in his or her tribe. Banishment is an act taken against individuals or groups whereby they are barred from entering and/or staying within their tribal reservation or other tribal lands. Denial of membership is an act to keep those eligible for tribal citizenship off the tribal rolls.
Disenrollment (described here, liked being RAPED and having the RAPIST judge you) has been characterized as an act committed by tribal officials “without any concern for human rights, tribal traditions or due process… as a means to solidify their own economic and political bases and to winnow out opposition families who disapprove of the direction the tribal leadership is headed…(It) has tragically become almost commonplace in Indian country, leaving thousands of bona fide Native individuals without the benefits and protections of the nations they are biologically, culturally, and spiritually related to.”
The State is in large part responsible for the growing problem of human rights abuses in Indian Country. Its responsibility lies with the laws it has enacted and the failures of its agencies to carry out the trust responsibility due the individual Indian.
Of note, in 1968, after an investigation by the Constitutional Rights Subcommittee of the Senate Committee on the Judiciary, the Indian Civil Rights Act (ICRA) was passed.
The ICRA was adopted to ensure that tribal governments respect the basic human and civil rights of individual Indians and non-Indians. The ICRA was intended to extend constitutional rights to individual Indians and thereby “protect individual Indians from arbitrary and unjust actions of tribal governments.” Under the ICRA tribal governments were prohibited from enacting or enforcing laws that violate certain individual rights.
Unfortunately, the ICRA failed to include an effective enforcement mechanism: save for a writ of habeas corpus, aggrieved individual(s) were barred from holding the offending tribal government or tribal official(s) accountable for violations of tribal and/or federal law.
The ICRA was further neutered in Martinez v. Santa Clara Pueblo which held that the ICRA, although a federal statute, was not enforceable in federal court. While the Martinez decision did allow for State intervention in limited instances, the Bureau of Indian Affairs (BIA), an agency within the Department of the Interior, has routinely declined to intervene.
The failures of the United States in regards to enforcement of the ICRA led William B. Allen, at the time, a member of the United States Commission on Civil Rights, to point out that no federal money had been spent on the enforcement of fundamental civil rights of American citizens (including the indigenous population) domiciled on reservations since the Martinez decision.
Monday, January 31, 2011
Sen. Daniel Akaka Heads Indian Affairs Committee: We request a HEARING on Civil Rights Violations Senator
Senator Daniel Akaka (HI)has been tapped to lead the Senate Committee on Indian Affairs.
"I am looking forward to chairing the Senate Committee on Indian Affairs and working to help all the indigenous people of our country. I believe the United States can serve as a model for the rest of the world in the treatment of its first people," Akaka said in a statement.
Congratulations Senator, maybe you can start helping the INDIGENOUS PEOPLE from Tribes where the tribal council has violated the civil rights of their people. Pechanga, Redding, Picayune, Enterprise, Guidiville, Table Mountain. Start THERE, Senator, here's a letter for you:
Dear Senator Akaka,
The number of civil rights violations in Indian Country has reached epidemic proportions. Thousands upon thousands have been stripped or denied the basic due process and equal protection rights provided for in the United States Constitution, the Indian Civil Rights Act of 1968 (“ICRA”), and tribal laws.
Most recently, a report by the Government Accountability Office (“GAO”) referenced the fact that internal tribal disputes “seem to be occurring more and more frequently”. In response to the growing number of these types of disputes, the GAO felt it was necessary and appropriate that nominees to the Secretary of Interior be asked how they would address such issues.
The responsibility to address this issue does not lie with the Secretary alone. The number of civil rights violations in Indian Country will continue to grow unless Congress once again takes action, just as it did in enacting the ICRA, to further protect individuals from the “arbitrary and capricious” actions of tribal governments. Considering the current situation and an environment which rewards the villain and punishes the victim, I ask you, “How do you plan to address this problem?”
I believe that hearings on the current civil rights situation in Indian Country are not only warranted, they are long over due. Therefore, I respectfully request that your Committee hold hearings on the civil rights problem in Indian Country as an initial step to further action that will uphold and enforce the rights of those who, to date, have been stripped of or denied the basic rights many take for granted
"I am looking forward to chairing the Senate Committee on Indian Affairs and working to help all the indigenous people of our country. I believe the United States can serve as a model for the rest of the world in the treatment of its first people," Akaka said in a statement.
Congratulations Senator, maybe you can start helping the INDIGENOUS PEOPLE from Tribes where the tribal council has violated the civil rights of their people. Pechanga, Redding, Picayune, Enterprise, Guidiville, Table Mountain. Start THERE, Senator, here's a letter for you:
Dear Senator Akaka,
The number of civil rights violations in Indian Country has reached epidemic proportions. Thousands upon thousands have been stripped or denied the basic due process and equal protection rights provided for in the United States Constitution, the Indian Civil Rights Act of 1968 (“ICRA”), and tribal laws.
Most recently, a report by the Government Accountability Office (“GAO”) referenced the fact that internal tribal disputes “seem to be occurring more and more frequently”. In response to the growing number of these types of disputes, the GAO felt it was necessary and appropriate that nominees to the Secretary of Interior be asked how they would address such issues.
The responsibility to address this issue does not lie with the Secretary alone. The number of civil rights violations in Indian Country will continue to grow unless Congress once again takes action, just as it did in enacting the ICRA, to further protect individuals from the “arbitrary and capricious” actions of tribal governments. Considering the current situation and an environment which rewards the villain and punishes the victim, I ask you, “How do you plan to address this problem?”
I believe that hearings on the current civil rights situation in Indian Country are not only warranted, they are long over due. Therefore, I respectfully request that your Committee hold hearings on the civil rights problem in Indian Country as an initial step to further action that will uphold and enforce the rights of those who, to date, have been stripped of or denied the basic rights many take for granted
Tuesday, September 14, 2010
Success in Washington DC for Temecula Indians Exposing Pechanga's Lies
We wrote yesterday about a contingent of Temecula Indians who are in Washington DC to meet with committee members on the Pechanga Water Rights Bill that is in committee. We would like to thank the office of the President of the United States for visiting our blog yesterday; TWICE.
Now, we've received a query from Rep. Darrell Issa, asking for more information on Rep. Mike Thompson's request for an oversight hearing into the ICRA.
We also hear that the Pechanga Band of Mission Indians, headed by Liar-in-Chief Mark Macarro, sent a letter to the committees saying that the group of Temecula Indians is "grandstanding". We hope to have a copy of that letter for you by tomorrow. This pre-emptive letter by Pechanga, shows they are concerned about being exposed. This gave our team a great opportunity to smack down many points in the letter. And to give the committee staff a much fuller explanation of what could happen if the bill goes through as written. In fact, the meeting grew from two to eight attendees. The TRUTH has a way of bringing people to hear it.
Thank you for visiting our blog, please ask your friends to stop by.
Now, we've received a query from Rep. Darrell Issa, asking for more information on Rep. Mike Thompson's request for an oversight hearing into the ICRA.
We also hear that the Pechanga Band of Mission Indians, headed by Liar-in-Chief Mark Macarro, sent a letter to the committees saying that the group of Temecula Indians is "grandstanding". We hope to have a copy of that letter for you by tomorrow. This pre-emptive letter by Pechanga, shows they are concerned about being exposed. This gave our team a great opportunity to smack down many points in the letter. And to give the committee staff a much fuller explanation of what could happen if the bill goes through as written. In fact, the meeting grew from two to eight attendees. The TRUTH has a way of bringing people to hear it.
Thank you for visiting our blog, please ask your friends to stop by.
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