Showing posts with label ICRA; Pechanga Civil Rights Violations; BIA; Ken Salazar; Dennis Chappabitty. Show all posts
Showing posts with label ICRA; Pechanga Civil Rights Violations; BIA; Ken Salazar; Dennis Chappabitty. Show all posts

Wednesday, May 16, 2012

Does the BIA Have Fiduciary Duty To Protect Pala Disenrolled? A Federally Approved Constitution Gives Them That RIGHT.

In a supplement to the BIA, attorney Dennis Chappabitty argues that not only does the BIA have a fiduciary duty to protect Pala disenrollees from a corrupt government. THEY HAVE THE RIGHT to do so because Pala has a federally approved constitution. We have written before how tribes like Pala and Pechanga have violated their own constitutions. Their recognition should be suspended pending review. Will our Federal government do their duty?
Supplemental Fidiciary 5.10.12[1]

MONEY QUOTE:

Robert Smith and the Executive Committee feel they are above the law to  the point where they all believe they can violate the plain provisions ofthe Tribe's federally approved Constitution without suffering any consequences.

Appellants urge the BIA to strongly assess Appellants' position that it is acceptable for the Department ofthe Interior to admonish their Executive Committee ofits open violations oftheir ICRA rights as guaranteed under their federally approved Constitution and Articles ofAssociation that the United States ofAmerica is ultimately responsible for enforcing compliance.

The Department of Interior must stand firm with Appellants against the Pala Executive Committee who feels it is beyond the reach of law and morality where it does not have to respect the plain provisions of its own federally approved Constitution. III.

CONCLUSION

In closing, Chairman Smith and the Executive Committee are violating Appellants' I CRA rights by not recognizing the Savings Clause in the Constitution and disenrolling them without legitimate facts or reasons, all in blatant disregard to their human rights. Intrusion by the BIA into this debacle is justified as in the execution of the Federal Fiduciary's duty to correct violations by the Tribe of the federally approved Constitution.

Tuesday, November 30, 2010

ICRA: No recourse against Native American Tribes for Sexual Harrassment

Received a communique from Dennis Chappabitty concerning the need for enforcement of the Indian Civil Rights Act, which we have discussed before.    HERE and ICRA Oversight Request

I am representing a young Indian woman who was subjected to sexual harassment at the Quapaw Downstream Casino and she has no legal recourse to pursue a legal remedy in federal or state courts.   Please forward as we intend to demand that Congress amend the ICRA to allow recourse into the federal courts to seek justice in situations like this




No recourse for women from Native Tribes? Time for a change. Time for tribes to stand up against those tribes that will be responsible for eroding tribal sovereignty.