The recent
resolution from the NNABA supporting Equal Protection and Due Process for those
who have been divested of the Right of Tribal Citizenship
is shining a light on the civil and human rights violations that accompany many of the disenrollment actions happening throughout Indian Country. So what are these civil rights to which we refer, and how are they being violated?
is shining a light on the civil and human rights violations that accompany many of the disenrollment actions happening throughout Indian Country. So what are these civil rights to which we refer, and how are they being violated?
When we speak of the right to due process we are citing
the Fifth and Fourteenth Amendments of the U.S. Constitution. Due process
provides protections to those facing a proposed action, applies in civil and
criminal proceedings, and has specific requirements.
Here are the requirements in a nutshell:
1.
Unbiased
tribunal
2.
Notice of
proposed action and the grounds on which it is based
3.
Opportunity to present a reason why the action should not occur
4.
Right to
call witnesses on your behalf
5.
Right to
know what evidence is brought against you
