Would Corntassel really strong arm employees? Yes. See below
The primary election for the Cherokee Nation's Principal Chief is coming up June 25.
And some Cherokee Nation employees say they feel like they're being strong-armed to back a certain candidate.
As FOX23's Janna Clark shows us from Tahlequah. It all started with a letter that was sent out.
The letter that's sparked the controversy was written to employees of Cherokee Nation's clinics and hospitals like Hastings Hospital in Tahlequah. Some say the letter's putting pressure on them to donate money.
At first Bill John Baker thought it was just a rumor. But then a Cherokee Nation employee handed him a copy of the letter.
Baker's running for Principal Chief of the Cherokee Nation. He says the letter was sent to Cherokee employees working at clinics and hospitals around Green Country.
The letter asks for a $500 to $1,000 dollar contribution toward current Principal Chief Chad Smith's campaign. It was signed by three health administrators.
Baker says it breaks a federal law to ask employees to donate money. We called the U.S. Attorney's office, and an attorney there told us since the health administrators who signed the letter are not federal employees, sending the letter is legal. Baker says even if it's legal, it's still wrong.
"It's absolutely wrong to strong-arm people and give a suggestion to give $500 to $1,000 when you're their bosses," Baker said.
Baker says because their bosses signed the letter and because Chad Smith is their ultimate boss, employees feel pressured to pay.
Several wanted to speak to us on camera but feared if they did, they might lose their jobs.
"They're obviously scared for their employment or retribution," Baker said.
We spoke to Chief Chad Smith. Even though he didn't sign it, he stands behind the letter. He says sending it was legal and those who wrote it have the right to do so.
"I support their right to support whatever candidate they want. In this instance, they supported me rather than Bill John Baker," Smith said.
Smith says Baker's the one intimidating employees - the three administrators who wrote the letter.
"By dressing them down in public... when all they did is send a letter to friends and colleagues to support me rather than Baker," Smith said. "This is a desperate move in a campaign to gain standing where he doesn't have any."
Smith wants to reassure employees, they shouldn't feel any pressure.
"They're protected by our constitution, and I adhere to our Constitution," Smith said. "I'll defend their right to campaign against me."
The three people who signed the letter are high-ranking managers in Cherokee Nation's health services. We tried each of them. But as of Tuesday night, they hadn't returned our calls. In Tahlequah, Janna Clark, FOX23 News
Wednesday, June 15, 2011
Tuesday, June 14, 2011
Property owners, blocked by Indian tribes, to host press conference to share Frustration
About 40 disenfranchised property owners will be at the Riverside Courthouse Wednesday, June 16. They will tell their stories of how Indian tribes, in their quest for more casino-fueled power, are infringing upon private property rights.
This will be an emotional event since these folks are scared and frustrated because their property, lives, dreams and investments are on the line.
This will be an emotional event since these folks are scared and frustrated because their property, lives, dreams and investments are on the line.
Lloyd Fields' story in Banning is typical. The Morongo Tribe has blocked the only public road leading to his property, stripping it of nearly all of its value. (The blocked road is named after his Fields' father – adding insult to injury.)
These property owners from throughout Riverside County are simply asking for fair treatment by local, state and federal officials to protect their legitimate interests and life-safety.
The event starts at 10:30 a.m. and will include five property owners who have allegedly had their properties blockaded or devalued or vandalized as impacted by the Morongo Band of Mission Indians.
Others will represent property owners impacted by the Sobaba Band of Luiseno Indians and the Colorado River Indian Tribes.
These property owners from throughout Riverside County are simply asking for fair treatment by local, state and federal officials to protect their legitimate interests and life-safety.
The event starts at 10:30 a.m. and will include five property owners who have allegedly had their properties blockaded or devalued or vandalized as impacted by the Morongo Band of Mission Indians.
Others will represent property owners impacted by the Sobaba Band of Luiseno Indians and the Colorado River Indian Tribes.
BOYCOTT, SCHMOYCOTT: Los Angeles' Threatened Boycott of AZ Fizzles
The Los Angeles Times has a story up on what happened to the Los Angeles City Council's ridiculously stupid boycott of the State of Arizona over "possible civil rights violations". Lip service only it appears:
But a year later, little has changed in the way Los Angeles does business with the state next door.
The city still buys street sweeper parts from one Arizona firm and has a contract for emergency sewer repairs with another, officials say. The Harbor Department alone has four contracts with Arizona companies that total nearly $26 million.
A similar pattern can be seen across California. Boycotts in Oakland, San Francisco and Los Angeles County made headlines last year but have since delivered little punch.
None of those jurisdictions has canceled a contract with an Arizona-based company because of the boycott — leading some immigrant-rights activists to dismiss the high-profile calls for economic sanctions as empty symbolism.
The disappointment is especially felt in Los Angeles, where Latino elected leaders strongly backed the sanctions.
"This is a moment of hypocrisy if the city of Los Angeles says one thing and does another," said Rabbi Jonathan Klein, executive director of the Los Angeles chapter of Clergy and Laity United for Economic Justice. Klein was speaking to a crowd of protesters gathered at City Hall to demand follow-through on the business ban.
Protesters have complained about several exemptions the City Council has granted in the last year, including approvals of contracts for made-in-Arizona Taser guns and red-light traffic cameras, as well as a contract with a Los Angeles International Airport shuttle provider that has offices in the state.
Councilman Ed Reyes, who wrote the boycott, voted to approve those exceptions. He said the deals were in the best interest of the city. Reyes said he, too, was disappointed with the boycott's slow progress, but he blamed City Atty. Carmen Trutanich's office for taking more than a year to draw up an ordinance specifying the terms of the ban. A spokesman for Trutanich said an ordinance is still in the works.
Despite the lack of clear guidelines, Reyes said there had been at least one boycott victory: Last year the Los Angeles Police Department opted not to send a team of helicopter pilots to a training conference in Phoenix. OP: Big Whoop
In fact, the Los Angeles Times itself proves it doesn't care much about ACTUAL civil rights violations as they recently accepted sponsorship from the Pechanga Band of Luiseno Indians, a tribe that ACTUALLY practices apartheid on their reservation. Pechanga ACTUALLY violates the civil rights of it's people, not "potentially does".
But a year later, little has changed in the way Los Angeles does business with the state next door.
The city still buys street sweeper parts from one Arizona firm and has a contract for emergency sewer repairs with another, officials say. The Harbor Department alone has four contracts with Arizona companies that total nearly $26 million.
A similar pattern can be seen across California. Boycotts in Oakland, San Francisco and Los Angeles County made headlines last year but have since delivered little punch.
None of those jurisdictions has canceled a contract with an Arizona-based company because of the boycott — leading some immigrant-rights activists to dismiss the high-profile calls for economic sanctions as empty symbolism.
The disappointment is especially felt in Los Angeles, where Latino elected leaders strongly backed the sanctions.
"This is a moment of hypocrisy if the city of Los Angeles says one thing and does another," said Rabbi Jonathan Klein, executive director of the Los Angeles chapter of Clergy and Laity United for Economic Justice. Klein was speaking to a crowd of protesters gathered at City Hall to demand follow-through on the business ban.
Protesters have complained about several exemptions the City Council has granted in the last year, including approvals of contracts for made-in-Arizona Taser guns and red-light traffic cameras, as well as a contract with a Los Angeles International Airport shuttle provider that has offices in the state.
Councilman Ed Reyes, who wrote the boycott, voted to approve those exceptions. He said the deals were in the best interest of the city. Reyes said he, too, was disappointed with the boycott's slow progress, but he blamed City Atty. Carmen Trutanich's office for taking more than a year to draw up an ordinance specifying the terms of the ban. A spokesman for Trutanich said an ordinance is still in the works.
Despite the lack of clear guidelines, Reyes said there had been at least one boycott victory: Last year the Los Angeles Police Department opted not to send a team of helicopter pilots to a training conference in Phoenix. OP: Big Whoop
In fact, the Los Angeles Times itself proves it doesn't care much about ACTUAL civil rights violations as they recently accepted sponsorship from the Pechanga Band of Luiseno Indians, a tribe that ACTUALLY practices apartheid on their reservation. Pechanga ACTUALLY violates the civil rights of it's people, not "potentially does".
Snoqualmie Tribal Chief Wants Elected Officials Thrown Out
It seems a tribe that doesn't follow our laws is having some trouble running their show:
Snoqualmie Tribe Chief Jerry Enick is calling on the tribe’s members to throw out most of their elected officials. The longtime chief has called for a meeting of the general membership Saturday, June 18 in Monroe.
The Tribal Council has done nothing wrong, and Enick is acting beyond his authority, says Tribal Administrator Matt Mattson.
The catalyst came when the Tribal Council voted in early May to postpone the tribe’s annual general elections until July, after an audit of the tribal membership is finished.
For several years, the Snoqualmie Tribe has been plagued by completing claims of who is and is not a member. At stake is control of the tribe’s casino proceeds. In an effort to quell the ongoing fights over membership, the Tribal Council voted in January to hire an outside genealogist to audit the member rolls using records from the tribe and the Bureau of Indian Affairs.
But the council cannot simply postpone the election, Enick says.
As the tribe’s head chief, it is his responsibility to act.
“I oversee what’s going on in my tribe. If I see something that’s going wrong, I attempt to take care of it,” he says.
Without an election, the Snoqualmies have no functioning government, because most council members’ terms expired on June 1, according to Enick. The lack of a legitimate government could threaten the tribe’s financing agreements for Snoqualmie Casino.
That concern is overblown, Mattson says.
The tribe hasn’t broken any parts of the loan agreements it has with the bondholders, who provided $330 million to start the casino, he says.
The ongoing political fights don’t hurt the tribal government’s ability to provide services to its members and Snoqualmie Valley residents, according to Mattson.
The tribe runs two medical clinics in the Valley. Together they handle more than 5,000 patient visits a year. It also runs a food clinic in Carnation, among myriad other social and cultural services it provides.
Snoqualmie Tribe Chief Jerry Enick is calling on the tribe’s members to throw out most of their elected officials. The longtime chief has called for a meeting of the general membership Saturday, June 18 in Monroe.
The Tribal Council has done nothing wrong, and Enick is acting beyond his authority, says Tribal Administrator Matt Mattson.
The catalyst came when the Tribal Council voted in early May to postpone the tribe’s annual general elections until July, after an audit of the tribal membership is finished.
For several years, the Snoqualmie Tribe has been plagued by completing claims of who is and is not a member. At stake is control of the tribe’s casino proceeds. In an effort to quell the ongoing fights over membership, the Tribal Council voted in January to hire an outside genealogist to audit the member rolls using records from the tribe and the Bureau of Indian Affairs.
But the council cannot simply postpone the election, Enick says.
As the tribe’s head chief, it is his responsibility to act.
“I oversee what’s going on in my tribe. If I see something that’s going wrong, I attempt to take care of it,” he says.
Without an election, the Snoqualmies have no functioning government, because most council members’ terms expired on June 1, according to Enick. The lack of a legitimate government could threaten the tribe’s financing agreements for Snoqualmie Casino.
That concern is overblown, Mattson says.
The tribe hasn’t broken any parts of the loan agreements it has with the bondholders, who provided $330 million to start the casino, he says.
The ongoing political fights don’t hurt the tribal government’s ability to provide services to its members and Snoqualmie Valley residents, according to Mattson.
The tribe runs two medical clinics in the Valley. Together they handle more than 5,000 patient visits a year. It also runs a food clinic in Carnation, among myriad other social and cultural services it provides.
Monday, June 6, 2011
Pechanga Protest: Details of Attempt to Meet with Larry Echohaw, from the BIA Security Team and the Protest
Protest organizers Mike & Nancy Rios gives first person accounts of their attempt to meet with ASIA Larry Echohawk, whose relative Walter Echohawk had scheduled a book review at Pechanga during this event. Hmmm.
We arrived at Pechanga casino 8 am we decided to try to register to speak MICHEAL RIOS AND MANUEL RIOS JR went to registration and were taken upstairs to forum area , three women informed us we had to belong to an organization and to speak we had to pay a fee of 525.00 per person. We requested a registration packet to read and they declined to give one.
We were then escorted by security to first floor , there we met with Nancy Rios Kent Appel and Wayne Mong. After some discussion we decided to request to meet with Mr ECHOHAWK at which time security called upstairs and two huge men from BIA came. IAM talking 6-8’! Nancy said ARE you REAL bIG or is it me just too short? To BIA security, Nancy explained to them she had submitted a request for hunter clan and Tosobol clan to meet with ECHOHAWK ON MAY 18,2011 which was WELL WITHIN THE TIME PERIOD REQUIREMENT. THE BIA AGENTS THEN SAID they were going to ask for us to meet ECHOHAWK we gave id and one showed his id they went upstairs.
They returned saying we could only meet with BIA RIVERSIDE REGIONAL DIRECTOR AMY DEUTSHKE AND SUPERINTENTANT EBAN so we were escorted to lounge area and we all talked Kent for hunters on DISENROLLMENT MIKE AND MANUEL AND NANCY ON moritorium, BANISHMENT LANDLOCK, AND AS TRIBES USE SOVEREIGNTY TO COMMIT CRIMES AGAINST THEIR PEOPLE.
PAM THE REGIONAL DIRECTOR SAID WE COULD SANCTION PECHANGA BUT WE WERE ALSO TOLD BY DIRECTOR THEY HAVE SO MUCH MONEY IT REALLY WONT HELP IF THEY STOPPED FEDERAL MONEY WE SPOKE OF ICRA BEING INEFFECTIVE NOT ENFORCEALBLE THE BIA SECURITY INTERUPPTED AND ESCORTED THE BIG WIGS UPSTAIRS WE WERE ESCORTED BACK DOWNSTAIRS
MIKE: When protest began we were introduced to Lieutenannt Moqnuin. He and I disussed how many police would be protecting us and he was very pleased with us a group we had two motorcycle policemen and two in patrol cars and we needed them! We had obscenties hurled hand gestures and one tribal member at least was pulled over for this.
We got a lot of support from city of temecula we gave out many fliers and got good response s of keep fighting you deserve your heritage at the end of the day we stood in fron t of waterfall signs down than Yolie McCarter nancys enemy stopped and was shooting video so I held up my sign no-Banishment no- moritorium no- disenrollment
Istill feel that a counrty wide unification must be enacted in order to bring the corrupt Tribal govenments down to a place with supervised enrollment by washington ,at the risk their may be damage to sovreignty reason being that the destuction of their own people is imminent WE had in numbers about one hundred at the protest.
OP: Protestors simply want the tribes to be held accountable for their apartheid, banishment, unequal protection. We have heard of exhumations at other tribes, DNA tests required,then ignored, homes destroyed at Oneida, Black Cherokee descendents, as well as Creek denied their treaty rights, water rights being stolen, tribal leaders telling lies to get free land..... please add your voice to the protesters, share on facebook, increase the volume.
We arrived at Pechanga casino 8 am we decided to try to register to speak MICHEAL RIOS AND MANUEL RIOS JR went to registration and were taken upstairs to forum area , three women informed us we had to belong to an organization and to speak we had to pay a fee of 525.00 per person. We requested a registration packet to read and they declined to give one.
We were then escorted by security to first floor , there we met with Nancy Rios Kent Appel and Wayne Mong. After some discussion we decided to request to meet with Mr ECHOHAWK at which time security called upstairs and two huge men from BIA came. IAM talking 6-8’! Nancy said ARE you REAL bIG or is it me just too short? To BIA security, Nancy explained to them she had submitted a request for hunter clan and Tosobol clan to meet with ECHOHAWK ON MAY 18,2011 which was WELL WITHIN THE TIME PERIOD REQUIREMENT. THE BIA AGENTS THEN SAID they were going to ask for us to meet ECHOHAWK we gave id and one showed his id they went upstairs.
They returned saying we could only meet with BIA RIVERSIDE REGIONAL DIRECTOR AMY DEUTSHKE AND SUPERINTENTANT EBAN so we were escorted to lounge area and we all talked Kent for hunters on DISENROLLMENT MIKE AND MANUEL AND NANCY ON moritorium, BANISHMENT LANDLOCK, AND AS TRIBES USE SOVEREIGNTY TO COMMIT CRIMES AGAINST THEIR PEOPLE.
PAM THE REGIONAL DIRECTOR SAID WE COULD SANCTION PECHANGA BUT WE WERE ALSO TOLD BY DIRECTOR THEY HAVE SO MUCH MONEY IT REALLY WONT HELP IF THEY STOPPED FEDERAL MONEY WE SPOKE OF ICRA BEING INEFFECTIVE NOT ENFORCEALBLE THE BIA SECURITY INTERUPPTED AND ESCORTED THE BIG WIGS UPSTAIRS WE WERE ESCORTED BACK DOWNSTAIRS
MIKE: When protest began we were introduced to Lieutenannt Moqnuin. He and I disussed how many police would be protecting us and he was very pleased with us a group we had two motorcycle policemen and two in patrol cars and we needed them! We had obscenties hurled hand gestures and one tribal member at least was pulled over for this.
We got a lot of support from city of temecula we gave out many fliers and got good response s of keep fighting you deserve your heritage at the end of the day we stood in fron t of waterfall signs down than Yolie McCarter nancys enemy stopped and was shooting video so I held up my sign no-Banishment no- moritorium no- disenrollment
Istill feel that a counrty wide unification must be enacted in order to bring the corrupt Tribal govenments down to a place with supervised enrollment by washington ,at the risk their may be damage to sovreignty reason being that the destuction of their own people is imminent WE had in numbers about one hundred at the protest.
OP: Protestors simply want the tribes to be held accountable for their apartheid, banishment, unequal protection. We have heard of exhumations at other tribes, DNA tests required,then ignored, homes destroyed at Oneida, Black Cherokee descendents, as well as Creek denied their treaty rights, water rights being stolen, tribal leaders telling lies to get free land..... please add your voice to the protesters, share on facebook, increase the volume.
Sunday, June 5, 2011
US Declines to Try Half of Native Crimes
Below is an interesting story from the Associated Press regarding the Federal Government's failure to prosecute crimes within Indian Country. The violent crimes referenced are those that included some type of physical injury. However, a definition of "violence" includes: an unjust or unwarranted exertion of force or power, as against rights or laws. Something to think about as the Protest at the Tribal Leaders Conference nears.
The arbitrary and capricious acts of those in power to strip and/or deny targeted individuals or groups of rights or laws guaranteed by state, tribal, or federal actions are acts of violence. Just as the acts referenced in the story below, the federal government must remove itself from its practice of declining to prosecute such actions less the number of crimes continue to rise and those suspected of such crimes continue to walk free to violate again.
There was swelling on the little girl's skull and hemorrhages around her brain. There was a tear between her right ear and scalp. The scars on her 36-pound body were consistent with burns from a space heater, a curling iron and hot noodles.
The mother said she had accidentally rolled over onto her daughter in bed, smothering her. The medical examiner concluded that the brown-eyed toddler with the wavy dark hair had been beaten, declaring her death a homicide.
Had 2-year-old Kiara Harvey died elsewhere the case likely would have been handled by the county sheriff or police, and the local district attorney.
But Kiara was a Navajo and she lived on the expansive Navajo Nation. On tribal lands, only federal prosecutions can lead to serious penalties for major crimes involving Native Americans. Those prosecutors, however, end up declining to pursue half of the cases nationally.
"No one speaks for that baby," said Bernadine Martin, the Navajo Nation's chief prosecutor. "It's OK to kill her and go on because prosecutors apparently don't want to put a little more effort into investigations."
In the Arizona portion of the Navajo Nation, which also stretches into New Mexico and Utah, Kiara's case was one of 37 that federal prosecutors declined to take during a 9-month period last year, an Associated Press review found.
Among all tribes in Arizona during the same period, there were 122 such cases. The overwhelming majority were alleged sex crimes that included rape and abusive sexual contact, followed by assaults. Nineteen cases involving deaths were rejected.
The AP's analysis found the reasons to be both complicated and frustratingly similar, and perhaps as exasperating to federal prosecutors as they are to tribal authorities. They cited poor evidence, reluctant witnesses and jurisdictional issues.
Federal authorities "want to prosecute the individual, they want to get a stiff sentence, they want to go to trial, so declining it is tough," said Arizona U.S. Attorney Dennis Burke, whose office issued the letter saying that it would not take the Kiara Harvey case.
The arbitrary and capricious acts of those in power to strip and/or deny targeted individuals or groups of rights or laws guaranteed by state, tribal, or federal actions are acts of violence. Just as the acts referenced in the story below, the federal government must remove itself from its practice of declining to prosecute such actions less the number of crimes continue to rise and those suspected of such crimes continue to walk free to violate again.
There was swelling on the little girl's skull and hemorrhages around her brain. There was a tear between her right ear and scalp. The scars on her 36-pound body were consistent with burns from a space heater, a curling iron and hot noodles.
The mother said she had accidentally rolled over onto her daughter in bed, smothering her. The medical examiner concluded that the brown-eyed toddler with the wavy dark hair had been beaten, declaring her death a homicide.
Had 2-year-old Kiara Harvey died elsewhere the case likely would have been handled by the county sheriff or police, and the local district attorney.
But Kiara was a Navajo and she lived on the expansive Navajo Nation. On tribal lands, only federal prosecutions can lead to serious penalties for major crimes involving Native Americans. Those prosecutors, however, end up declining to pursue half of the cases nationally.
"No one speaks for that baby," said Bernadine Martin, the Navajo Nation's chief prosecutor. "It's OK to kill her and go on because prosecutors apparently don't want to put a little more effort into investigations."
In the Arizona portion of the Navajo Nation, which also stretches into New Mexico and Utah, Kiara's case was one of 37 that federal prosecutors declined to take during a 9-month period last year, an Associated Press review found.
Among all tribes in Arizona during the same period, there were 122 such cases. The overwhelming majority were alleged sex crimes that included rape and abusive sexual contact, followed by assaults. Nineteen cases involving deaths were rejected.
The AP's analysis found the reasons to be both complicated and frustratingly similar, and perhaps as exasperating to federal prosecutors as they are to tribal authorities. They cited poor evidence, reluctant witnesses and jurisdictional issues.
Federal authorities "want to prosecute the individual, they want to get a stiff sentence, they want to go to trial, so declining it is tough," said Arizona U.S. Attorney Dennis Burke, whose office issued the letter saying that it would not take the Kiara Harvey case.
AIRRO Reports on ASIA Larry Echohawk's Refusal to Meet With Protesters At Pechanga Casino
Protesters Gather at Tribal Leaders Forum, ASIA Echo Hawk Declines to Meet
Temecula, CA- As tribal leaders and federal officials met inside, a large group gathered in front of the Pechanga Resort and Casino to protest the ever growing problem of corruption and illegal activity in Indian Country. The protesters, representing tribes from throughout Indian Country, decried actions taken by tribal officials in violation of tribal and federal laws.
Several protestors had made formal requests to meet with Assistant Secretary Indian Affairs Larry Echo Hawk, who was scheduled to attend the forum. Assistant Secretary Echo Hawk is charged with carrying out the Department of Interior’s trust responsibilities to tribes and individual Indians. The protestors wanted an opportunity to discuss the problems of corruption and rights violation in Indian Country and question him on the actions the Department would take to uphold its trust responsibility to the thousands of individual Indians who have been victimized by tribal leaders. To date, the Department, through the Bureau of Indian Affairs, has declined to intervene and allowed tribal leaders to continually terrorize targeted individuals and groups unless the tribe's governing documents allow BIA intervention
Assistant Secretary Echo Hawk failed to respond to the numerous requests, and when several protestors attempted to enter the forum, they were confronted by individuals claiming to be the Assistant Secretary’s bodyguards. The protestors were questioned by the bodyguards and asked to provide proof of their identification, but they were not allowed to meet with the Assistant Secretary.
A small group of protestors was eventually allowed to meet with BIA Pacific Regional Director Amy Dutschke and Superintendent Robert Eben of the Southern California Agency. The BIA representatives listened to the individuals concerns regarding corruption and rights violations in Indian Country. Regional Director Dutschke did inform those she met with that sanctions could be levied against offending officials and tribal governments and promised to take the issue to ASIA Echo Hawk.
The BIA is no the only forum that has declined to intervene in matters considered internal to the tribes. The courts have almost always declined to hear cases involving internal tribal matters. Tribes and tribal officials accused of violating tribal and federal laws- such as the Indian Civil Rights Act of 1968- have routinely claimed that their actions are cloaked by sovereign immunity and beyond the jurisdiction of the courts.
In a recent case involving the Snoqualmie Tribe of Washington State, a federal judge ruled that tribal leaders had illegally banished members of the tribe. In spite of the court's ruling, the Snoqualmie tribal council has failed to comply with the decision and continues to cite sovereign immunity as justification for their unlawful actions. The illegally banished members are now being subject to disenrollment, against the wishes of their tribal members, by the very same tribal officials.
A contingent of the banished Snoqualmie Tribal members travelled over the course of several days to join representatives from several California tribes, Oklahoma, and Arizona. The Snoqualmie and others believe it is important that tribal leaders and federal officials begin to understand the breadth and impact of human and civil rights violations in Indian Country.
"In the past decade, thousands of Indians throughout the United States have been the victims of gross human and civil rights violation," stated John Gomez, Jr., a founding member of the American Indian Rights and Resources Organization. "The rise in the number of crimes committed by tribal officials against individual Indians appears to coincide with the expansion of Indian gaming. Greed and the desire to maintain control of businesses that bring in millions, sometimes hundreds of millions, of dollars are motivating factors to get rid of opposing factions within the tribe and deny membership to those who would share in any profits."
"As long as tribal officials can continue to escape prosecution for their illegal acts by invoking immunity from suit, such crimes will continue unabated. Many more will be banished; disenrolled; denied membership; denied voting rights and medical services; and stripped of the rights guaranteed by tribal and federal laws," Gomez concluded.
Congress enacted the Indian Civil Rights Act in 1968 in response to claims made by individual Indians that tribal officials were violating basic human and civil rights. The ICRA provides that tribes and tribal officials are barred from denying individuals rights such as due process and equal protection of laws. Unfortunately the ICRA failed to include an effective enforcement mechanism by which tribal officials could be held accountable for violations of its provisions.
Those who gathered at the protest agreed that tribal officials must be held accountable for their actions. A means to accomplish this goal would be to amend the ICRA and provide for the prosecution of tribal officials for any violations of the actions prohibited in the law. While such an action would be seen by tribes as an infringement on their sovereignty, those who have already been victimized do not believe that sovereignty
Temecula, CA- As tribal leaders and federal officials met inside, a large group gathered in front of the Pechanga Resort and Casino to protest the ever growing problem of corruption and illegal activity in Indian Country. The protesters, representing tribes from throughout Indian Country, decried actions taken by tribal officials in violation of tribal and federal laws.
Several protestors had made formal requests to meet with Assistant Secretary Indian Affairs Larry Echo Hawk, who was scheduled to attend the forum. Assistant Secretary Echo Hawk is charged with carrying out the Department of Interior’s trust responsibilities to tribes and individual Indians. The protestors wanted an opportunity to discuss the problems of corruption and rights violation in Indian Country and question him on the actions the Department would take to uphold its trust responsibility to the thousands of individual Indians who have been victimized by tribal leaders. To date, the Department, through the Bureau of Indian Affairs, has declined to intervene and allowed tribal leaders to continually terrorize targeted individuals and groups unless the tribe's governing documents allow BIA intervention
Assistant Secretary Echo Hawk failed to respond to the numerous requests, and when several protestors attempted to enter the forum, they were confronted by individuals claiming to be the Assistant Secretary’s bodyguards. The protestors were questioned by the bodyguards and asked to provide proof of their identification, but they were not allowed to meet with the Assistant Secretary.
A small group of protestors was eventually allowed to meet with BIA Pacific Regional Director Amy Dutschke and Superintendent Robert Eben of the Southern California Agency. The BIA representatives listened to the individuals concerns regarding corruption and rights violations in Indian Country. Regional Director Dutschke did inform those she met with that sanctions could be levied against offending officials and tribal governments and promised to take the issue to ASIA Echo Hawk.
The BIA is no the only forum that has declined to intervene in matters considered internal to the tribes. The courts have almost always declined to hear cases involving internal tribal matters. Tribes and tribal officials accused of violating tribal and federal laws- such as the Indian Civil Rights Act of 1968- have routinely claimed that their actions are cloaked by sovereign immunity and beyond the jurisdiction of the courts.
In a recent case involving the Snoqualmie Tribe of Washington State, a federal judge ruled that tribal leaders had illegally banished members of the tribe. In spite of the court's ruling, the Snoqualmie tribal council has failed to comply with the decision and continues to cite sovereign immunity as justification for their unlawful actions. The illegally banished members are now being subject to disenrollment, against the wishes of their tribal members, by the very same tribal officials.
A contingent of the banished Snoqualmie Tribal members travelled over the course of several days to join representatives from several California tribes, Oklahoma, and Arizona. The Snoqualmie and others believe it is important that tribal leaders and federal officials begin to understand the breadth and impact of human and civil rights violations in Indian Country.
"In the past decade, thousands of Indians throughout the United States have been the victims of gross human and civil rights violation," stated John Gomez, Jr., a founding member of the American Indian Rights and Resources Organization. "The rise in the number of crimes committed by tribal officials against individual Indians appears to coincide with the expansion of Indian gaming. Greed and the desire to maintain control of businesses that bring in millions, sometimes hundreds of millions, of dollars are motivating factors to get rid of opposing factions within the tribe and deny membership to those who would share in any profits."
"As long as tribal officials can continue to escape prosecution for their illegal acts by invoking immunity from suit, such crimes will continue unabated. Many more will be banished; disenrolled; denied membership; denied voting rights and medical services; and stripped of the rights guaranteed by tribal and federal laws," Gomez concluded.
Congress enacted the Indian Civil Rights Act in 1968 in response to claims made by individual Indians that tribal officials were violating basic human and civil rights. The ICRA provides that tribes and tribal officials are barred from denying individuals rights such as due process and equal protection of laws. Unfortunately the ICRA failed to include an effective enforcement mechanism by which tribal officials could be held accountable for violations of its provisions.
Those who gathered at the protest agreed that tribal officials must be held accountable for their actions. A means to accomplish this goal would be to amend the ICRA and provide for the prosecution of tribal officials for any violations of the actions prohibited in the law. While such an action would be seen by tribes as an infringement on their sovereignty, those who have already been victimized do not believe that sovereignty
Temecula Patch: Tosobol Family Should Be in Tribe, Protesting Moratorium Other Tribes Represented
Peter Surowski of the TEMECULA PATCH gets the story RIGHT. Protestors were NOT JUST PROTESTING the despicable actions of Pechanga but were stand for ALL whose civil rights were violated by tribes: Redding Rancheria, Snoqualmie, Enterprise, Laytonville Rancheria, Robinson Rancheria, the ONEIDA Tribal Nation, the Cherokee and Creek Freedmen among many.....
Disenrolled members of Indian tribes protested during a leadership meeting at the casino in Temecula today.
Several dozen people held signs criticizing tribal leaders in front of Pechanga Resort and Casino as Indian officials from across the country came together for the Native Leadership Forum.
The protesters were kicked out of their tribes unjustly, they said.
“The government is more like a dictatorship,” said Desiree Mojado, a Los Angeles resident who was disenrolled from the Pechanga tribe. “They do whatever they want over the people’s vote.”
She attended the event with her two children and four grandchildren who still live on the reservation.
Despite living on Pechanga land, they are barred from voting or getting any services, she said. “They have no rights.”
She descends from Paulina Hunter, who was a member of the Pechanga tribe, she said.
Though Hunter died in the late 1800s, the tribe’s Enrollment Committee deemed in 2006 she was not a Pechanga Indian. That means her descendants, including about 100 families, were kicked out of the tribe. OP: DESPITE evidence to the contrary, provide by PECHANGA's own expert and SWORN testimony taken in the LUISENO language from people who were alive and KNEW Paulina Hunter.
Mojado’s family was one of those, she said. This means they get no voting rights, health care or “per capita” money from the tribe.
“When money comes into play, it becomes a power struggle,” she said.
Her cousin, Kent Appel, of Murrieta, was also disenrolled.
Though each member stands to benefit from being in the tribe – he declined to say how much the per capita payment totals – the money is not the reason they fight.
“When you start to focus on the money, you lose the fact that it’s more than that,” he said. “It robs you of your culture.”
His family still has land on the reservation, and one road, called “Hunter Lane,” bears his ancestor’s name.
The enrollment committee’s decision to kick his family out was arbitrary and unfair, he said. “They ignored every piece of evidence,” he said.
To read more about the Hunter family’s disenrollment, click here.
Some families have it worse. The descendants of Petra Tosbol were banished from the reservation two years ago.
Petra was a Pechanga Indian, and her descendants still have property on the reservation, said Michael Anthony Rios, a Beaumont resident who said he is Petra’s great-great-great-great-great grandson.
“We still have land on it, we just can’t go on it,” Rios said of the reservation. “They never did give us a reason.”
Former Pechangas were not the only Indians protesting. Carolyn Lubenau, who said she was disenrolled from the Snoqualmie tribe, came from Washington to join the demonstration.
Her disenrollment came after some of her relatives won an election to their tribal council. The incumbent council members butted heads with her relatives, so they disenrolled her family before they could take office.
The family took that act to federal court and won, but the court can do nothing to enforce the decision because the tribe has sovereign immunity, she said.
To see the court’s decision on the case, click on the photo gallery above.
A spokesperson for the Pechanga tribe was unavailable for comment before this story’s publication
Disenrolled members of Indian tribes protested during a leadership meeting at the casino in Temecula today.
Several dozen people held signs criticizing tribal leaders in front of Pechanga Resort and Casino as Indian officials from across the country came together for the Native Leadership Forum.
The protesters were kicked out of their tribes unjustly, they said.
“The government is more like a dictatorship,” said Desiree Mojado, a Los Angeles resident who was disenrolled from the Pechanga tribe. “They do whatever they want over the people’s vote.”
She attended the event with her two children and four grandchildren who still live on the reservation.
Despite living on Pechanga land, they are barred from voting or getting any services, she said. “They have no rights.”
She descends from Paulina Hunter, who was a member of the Pechanga tribe, she said.
Though Hunter died in the late 1800s, the tribe’s Enrollment Committee deemed in 2006 she was not a Pechanga Indian. That means her descendants, including about 100 families, were kicked out of the tribe. OP: DESPITE evidence to the contrary, provide by PECHANGA's own expert and SWORN testimony taken in the LUISENO language from people who were alive and KNEW Paulina Hunter.
Mojado’s family was one of those, she said. This means they get no voting rights, health care or “per capita” money from the tribe.
“When money comes into play, it becomes a power struggle,” she said.
Her cousin, Kent Appel, of Murrieta, was also disenrolled.
Though each member stands to benefit from being in the tribe – he declined to say how much the per capita payment totals – the money is not the reason they fight.
“When you start to focus on the money, you lose the fact that it’s more than that,” he said. “It robs you of your culture.”
His family still has land on the reservation, and one road, called “Hunter Lane,” bears his ancestor’s name.
The enrollment committee’s decision to kick his family out was arbitrary and unfair, he said. “They ignored every piece of evidence,” he said.
To read more about the Hunter family’s disenrollment, click here.
Some families have it worse. The descendants of Petra Tosbol were banished from the reservation two years ago.
Petra was a Pechanga Indian, and her descendants still have property on the reservation, said Michael Anthony Rios, a Beaumont resident who said he is Petra’s great-great-great-great-great grandson.
“We still have land on it, we just can’t go on it,” Rios said of the reservation. “They never did give us a reason.”
Former Pechangas were not the only Indians protesting. Carolyn Lubenau, who said she was disenrolled from the Snoqualmie tribe, came from Washington to join the demonstration.
Her disenrollment came after some of her relatives won an election to their tribal council. The incumbent council members butted heads with her relatives, so they disenrolled her family before they could take office.
The family took that act to federal court and won, but the court can do nothing to enforce the decision because the tribe has sovereign immunity, she said.
To see the court’s decision on the case, click on the photo gallery above.
A spokesperson for the Pechanga tribe was unavailable for comment before this story’s publication
Press Enterprise Reports On Protest At Pechanga. WILL Mark Macarro Again Threaten to Pull Advertising?
Congratulations to the Riverside Press Enterprise and Jeff Horseman for reporting news about the protest of the despicable actions of the Pechanga Tribal Council and their lying tribal Chairman Mark Macarro, as well the horrible treatment many Indians across the country have received from their equally corrupt tribal councils.
Indian tribal leaders from across the nation gathered at Pechanga Resort & Casino on Thursday for an annual conference dealing with tribal government and sovereignty.
Outside, more than 30 protesters called attention to the practice of "disenrollment," the expulsion of tribal members. Many of the pickets had been disenrolled from the Pechanga Band of Luiseño Indians.
Hosted by the American Indian Resources Institute, a group advocating tribal sovereignty, the Native Leadership Forum took place in the Eagle's Nest Room on the top floor of the resort hotel
Disenrollment, Trudell said, was not on the agenda. OP: But Mr. Trudell was WELL aware of this protest, letters to him went unanswered. I believe that is akin to turning up the radio so you can't hear your busted engine . But it was at the heart of the demonstration on the sidewalk across from the casino.
Protesters waved signs such as "Indian Civil Rights Now!" and "Temecula Indian Rights Violated."
Pechanga tribal officials did not respond to a request for comment. Over the years, Pechanga and other tribes have disenrolled members on the grounds that they aren't descended from original tribal families. OP: GROUNDS that included DNA testing of over 99.7% match, which is more than they got for Osama Bin Laden.
While tribes have said they have a right to determine their membership, critics say greed is driving the disenrollments. Pechanga members receive a six-figure annual payment of casino profits, medical care and other benefits.
Louise Appel, of Murrieta, who was disenrolled in 2006, said she now has to spend $4,300 a month caring for her disabled daughter. OP: This will soon fall on the California taxpayers, as Louise is moving through her funds. In fact many of the tribespeople that Pechanga has exterminated now are on the government dole. YOU are now paying for what Pechanga has done.
"It hurt," she said. "I thought they were my friends."
Protesters said Pechanga violated its own rules and due process when disenrolling members. They added that tribes use sovereignty as a shield to justify their actions.
Manuel Rios, of Riverside, said his application to join the Pechanga tribe has been held up for 14 years. OP: TWO families was disenrolled, because their members on the enrollment committee questioned WHY this family was not enrolled. ALL their paperwork was properly filled out and timely. One enrollment committee member, FRANCES MIRANDA was heard to say, "there are too many of them".
"We need Washington to do something about this," he said
See the PRESS ENTERPRISE STORY for More
 |
| Mark Lucero(l) and Wayne Mong, the event organizer in front of the Pechanga Resort and Casino |
Indian tribal leaders from across the nation gathered at Pechanga Resort & Casino on Thursday for an annual conference dealing with tribal government and sovereignty.
Outside, more than 30 protesters called attention to the practice of "disenrollment," the expulsion of tribal members. Many of the pickets had been disenrolled from the Pechanga Band of Luiseño Indians.
Hosted by the American Indian Resources Institute, a group advocating tribal sovereignty, the Native Leadership Forum took place in the Eagle's Nest Room on the top floor of the resort hotel
Disenrollment, Trudell said, was not on the agenda. OP: But Mr. Trudell was WELL aware of this protest, letters to him went unanswered. I believe that is akin to turning up the radio so you can't hear your busted engine . But it was at the heart of the demonstration on the sidewalk across from the casino.
Protesters waved signs such as "Indian Civil Rights Now!" and "Temecula Indian Rights Violated."
Pechanga tribal officials did not respond to a request for comment. Over the years, Pechanga and other tribes have disenrolled members on the grounds that they aren't descended from original tribal families. OP: GROUNDS that included DNA testing of over 99.7% match, which is more than they got for Osama Bin Laden.
While tribes have said they have a right to determine their membership, critics say greed is driving the disenrollments. Pechanga members receive a six-figure annual payment of casino profits, medical care and other benefits.
Louise Appel, of Murrieta, who was disenrolled in 2006, said she now has to spend $4,300 a month caring for her disabled daughter. OP: This will soon fall on the California taxpayers, as Louise is moving through her funds. In fact many of the tribespeople that Pechanga has exterminated now are on the government dole. YOU are now paying for what Pechanga has done.
"It hurt," she said. "I thought they were my friends."
Protesters said Pechanga violated its own rules and due process when disenrolling members. They added that tribes use sovereignty as a shield to justify their actions.
Manuel Rios, of Riverside, said his application to join the Pechanga tribe has been held up for 14 years. OP: TWO families was disenrolled, because their members on the enrollment committee questioned WHY this family was not enrolled. ALL their paperwork was properly filled out and timely. One enrollment committee member, FRANCES MIRANDA was heard to say, "there are too many of them".
"We need Washington to do something about this," he said
See the PRESS ENTERPRISE STORY for More
Friday, June 3, 2011
Protesters Gather at Pechanga; ASIA Larry Echohawk REFUSES To Meet with Aggrieved Indians
A large group gathered in front of the Pechanga Resort and Casino to protest the growing problem of tribal corruption by tribes across the Inited States. Pechanga was chosen as the protest site because the was a convention of tribal leaders meeting. The pechanga tribe is well known across Indian Country for practicing Apartheid on their reservation.
Individuals from many tribes, including Snoqualmie in Washington state traveled ling distances to attend this protest.
Formal requests were made to ASIA Echohawk to meet and he gave no response Echohawk is charged with the trust responsibility to tribes AND individual Indians. Thousands of individual Indians have had their rights violated. Is turning a blind eye to this part of the Obama administration master plan to reduce the population of American Indians?
Individuals from many tribes, including Snoqualmie in Washington state traveled ling distances to attend this protest.
Formal requests were made to ASIA Echohawk to meet and he gave no response Echohawk is charged with the trust responsibility to tribes AND individual Indians. Thousands of individual Indians have had their rights violated. Is turning a blind eye to this part of the Obama administration master plan to reduce the population of American Indians?
Update:Pechanga's Masiel Crime Family is Four Generations Long
Update from Pechanga protest: Leiva family members, better known as the Masiel Basquez crime family were harassing protesters at Pechanga resort and Casinp. Felon Raymond Basquez Jr. One of the more stupid members of the family was one and Yolie "they are just herbs" McCarter was another. They had no effect
I've had requests to move this up again, so here it is.
The Pechanga Band of Luiseno Indians has a crime family that spans GENERATIONS.
It's well known that the young, thuggish generation of the Masiel-Basquez crime family are violent offenders, which we reported on HERE and HERE the next older generation of criminals HERE and HERE and HERE and NOW WE KNOW where they get it from:
OriginsofMasielcrimefamily
I've had requests to move this up again, so here it is.
The Pechanga Band of Luiseno Indians has a crime family that spans GENERATIONS.
It's well known that the young, thuggish generation of the Masiel-Basquez crime family are violent offenders, which we reported on HERE and HERE the next older generation of criminals HERE and HERE and HERE and NOW WE KNOW where they get it from:
Francisca Leivas Basquez
As shown below there are two pieces of evidence that show the Matriach of the Basquez family, Francisca Leyva (Leivas) tried to defraud the government and gain of three per capita checks when only one was legal. Fraud, such as her family then perpetrated on the Pechanga Band.
Sins of the mother, passed on to her progeny.
How can the Pechanga Members continue to support them? How much theft has to happen?
OriginsofMasielcrimefamily
Thursday, June 2, 2011
Protest At Tribal Leader's Forum Information; Please Bring Your Friends
SAVE THE DATE
Protest at Tribal Leaders Forum
Thursday, June 2, 2011
4:00 p.m. – 8:00 p.m.
Pechanga Resort and Casino
Temecula, CA
Representatives from throughout Indian Country will gather in Temecula , California on June 2, 2011 to protest the growing number of human and civil rights violations committed by tribal officials.
The protest is scheduled to occur as tribal leaders, Congressional representatives, and Obama administration officials meet to discuss tribal governance issues at Pechanga.
Please join us and add your voice to the thousands who oppose the continued efforts of tribal leaders to strip or deny individual Indians of the basic rights guaranteed by tribal, state, and federal laws. This is not for Native's only, bring friends.
Please contact
NANCY RIOS: 951-655-0598 lorene20@verizon.net
CAROLYN LUBENAU: carolyn.a.lubenau@gmail.com
Wednesday, June 1, 2011
Robinson Rancheria Disenrollment Story: 25% of Tribe Terminated Redding Rancheria, the same disgraceful Story
We are on vacation this week and we are pulling stories of disenrollment forward, since there is a protest June 2 at the Pechanga Resort & Casino. Pechanga is a tribe that practices apartheid on their reservation. These tribes deserve your moral outrage. Join the protest at Pechanga, 4500 Temecula Parkway, Temecula CA
Our friend, Elizabeth Larson has the story on The Robinson Rancheria and Redding:
Late last month, the Robinson Rancheria Band of Pomos Citizens Business Council informed several dozen members of its intent to remove their tribal membership, an action taking place not just locally but around California and the nation.
Between 60 and 74 members have reportedly been told they will be removed from the tribe's rolls unless, as a result of a half-hour appeal hearing granted to those who request it, the council chooses to let the members remain.
The appeal hearings to determine the future for these potential disenrollees began this week.
Tribal Chair Tracey Avila said this week that questions surrounding these tribal members and their entitlement to be included among the band's number have been an issue for years, going back to 1990.
This is the largest disenrollment action the tribe has ever taken, she concedes, as the tribe prepares for a January election to determine who will be tribal chair, as well as two other seats
A June 14 election was decertified, and the tribe's election committee – dominated by Avila's family – has ruled that her challenger for the seat, EJ Crandell – who won the June election – has been disqualified from running.
Crandell and other tribal members, including potential disenrollee Luwana Quitiquit, say the disenrollments are purely political and retaliatory.
The tribe's own enrollment ordinance states that disenrollment is possible on three grounds: the person obtained enrollment by error, fraud, deceit or misrepresentation; they became a fully recognized member of another tribe without relinquishing their Robinson Rancheria membership; the person is a descendant of a disenrollee and doesn't otherwise meet membership requirements.
The ordinance doesn't allow for disenrollment due to adoption, which traditionally has been a common practice among American Indians.
However, the tribal council has passed a resolution to strike the adoption process, which Quitiquit and Crandell say is an ex post facto law, which is prohibited in the tribe's 1980 constitution, just as it is the US Constitution.
If it's truly the case that Robinson's disenrollment is born out of politics and animosity toward rival families, the Robinson band wouldn't be unique. That's because attempts to reduce tribal membership through these types of actions aren't new to Lake County, California or the nation.
On Nov. 10, 2007, 25 members of the Elem Colony were removed from that tribe's rolls, including the last native speaker of the tribe's language. Then-chairman, Ray Brown Sr. acknowledged the move to County News in a previous interview, saying that the move was justified because many of the people were adopted into the tribe and weren't blood relations.
To date, an estimated 2,000 Indians have been disenrolled by 15 California tribes – not including those currently proposed at Robinson, according to John Gomez, president of the American Indian Rights and Resources Organization (AIRRO), a group that focuses on human and civil rights issues.
Bureau of Indian Affairs Deputy Regional Director Dale Risling, based in Sacramento, said “quite a few” tribes are going through disenrollments currently.
He said his agency hears about most of them through the media, and not directly, since they don't usually have a role in settling the disputes because of tribal constitutions. “The ones that we really get are the ones that require our involvement.”
Tony Gonzales, spokesman for the American Indian Movement-West, said gaming tribes decertifying members has become a big problem nationwide as well.That's because a lot is at stake, with gaming tribes across the nation generating revenues in the realm of $46 billion.
“Unfortunately, in the process to gain more money for themselves, they are decertifying members,” said Gonzales. “The irony, too, is they're adopting non-Indians into their tribes.”
Some blame gaming for disenrollments
In California, Gomez said the vast majority of disenrollments have occurred since the passage of Proposition 5, the Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 that allowed gaming on tribal lands, and Proposition 1A, passed in 2000, allowing tribes to operate slot machines and banked and percentage card games.
He said it's mostly the gaming tribes who carry out reducing membership in this way. “I don't believe it's just about greed. I think it's about greed and retaining political power.”
Gomez was among 200 people disenrolled by the Pechanga Band of Luiseno Indians in 2004. Two years later, as many as 175 more Pechanga tribal members saw their membership disappear. “Both times it just happened prior to regularly scheduled elections for tribal council.”
The Redding Rancheria's first tribal chair, Bob Foreman, and his family – all 76 members – were disenrolled in 2002 after their lineage was questioned. Despite providing DNA samples to prove their ancestry, Foreman – who had been tribal chair for 20 years – was pushed out of the tribe.
Gomez said Foreman, who incidentally was born in Nice, went on to be a founding member of AIRRO.
Foreman died Nov. 19, and Gomez and other AIRRO members are traveling to Redding for his funeral this weekend, at which time they're expected to discuss possible action in response to Robinson's disenrollment move.
He said disenrollments often evolve around election disputes, as in Robinson's case. Similarly, Gomez said the Mooretown Rancheria of Oroville reclassified 30 percent of its membership and denied them voting rights so they couldn't participate in an election planned four days later. “The tribe still counts them as members but they're members without rights.”
Many tribal members will attempt to justify disenrollment actions saying that there is a question about ancestry, but he points out that such questions didn't arise when the tribes were counting members for federal government assistance.
As tribal rolls dwindle, federal funding also can go away, he said. However, the larger gaming tribes can afford to fund their own programs.
Quitiquit and some other tribal members facing disenrollment, many of whom asked that their names not be used at this time due to fear of retribution, said they felt Robinson Rancheria's casino and gaming had given rise to many of their current problems.
Rather than helping Indians get a leg up, they say that gaming is leading to expulsion of tribal members – among them veterans and elders – who may face a life on welfare without the support of their tribal communities.
Some Indian activists have even gone so far as to call disenrollment the “new Indian genocide.”
The problem is such a concern in Indian Country that last year, American Indian Movement activist Dennis Banks said that the Bureau of Indian Affairs needed to intervene to stop the California disenrollments.
A Government Accountability Office report issued last month, titled “Confirmation of Political Appointees: Eliciting Nominees' Views on Management Challenges within Agencies and Across Government,” also recognizes the problem.
The report urged political leaders to ask the following question of nominees for the Secretary of the Interior, which includes the Bureau of Indian Affairs: “Tribal membership disputes and tribal leadership disputes seem to be occurring more and more frequently. What experience do you have in working with tribal leadership and trying to resolve these types of disputes or in trying to prevent them?”
Far-reaching implications for loss of tribal membership
Gomez said AIRRO is seeing the same thing happening around the state – Indians stripped of lawful citizenship and all of the associated rights – from housing to education to health care to jobs.
When membership in a federally recognized tribe is lost, federal help goes away, he said. “It cuts across everything that has to do with their lives.”
The affects aren't just social or economic, but emotional and psychological as well, said Gomez. Being put out of a tribe has serious implications about identity for people who are being told they are no longer Indian.
If Robinson Rancheria goes through with its proposed membership reduction, Quitiquit said the implications could be devastating.
Among the first acts she expects is for disenrolled members to be banished from the rancheria. That would mean leaving their homes; Quitiquit's own family stands to lose two of an estimated 10 homes at stake.
Being cut off from the land also would mean they could be prevented from visiting the graves of their family members at the rancheria's cemetery, said Quitiquit. Gomez said that's happened in other areas.
There would also be a loss of education opportunities and funding, as well as Indian health services,which are critical due to the high number of tribal members suffering from diabetes and chronic diseases, particularly elders.
Those who hold jobs with the tribe also could be fired. She said some of the members in question already have been put on administrative leave from their jobs. A “no gossip” memo also was reportedly issued by Avila to staff, warning that discussion about the disenrollments would result in termination.
Quitiquit, who recently left her job as a cook for a program that provides meals to 24 homebound elders, said 20 of those elders are facing disenrollment. The four who would be left would not be enough to justify continuing the federally funded meals program.
Elders would lose their monthly retirement payments of $400, said Quitiquit. “All the elders are suffering right now because we don't have it.”
All members currently on the disenrollment list have had their payments suspended, including the $300 per capital payment plus a $2,000 Christmas bonus, funded through federal grants and revenues from the tribe's casino on Highway 20.
One elderly woman who is a caretaker for her grandchildren told Quitiquit she won't be able to make ends meet outside of the tribe.
Quitiquit said the tribal council, in its attempt to maintain power, can take these actions under the guise of sovereignty. “Forget about our civil rights.”
In the last election, many people voted for Avila because she said she was not for disenrollment, said Quitiquit. “We were completely fooled.”
She added, “If this is what happens to us, then down the road it's going to happen to the other tribal members they don't like.”
Our friend, Elizabeth Larson has the story on The Robinson Rancheria and Redding:
Late last month, the Robinson Rancheria Band of Pomos Citizens Business Council informed several dozen members of its intent to remove their tribal membership, an action taking place not just locally but around California and the nation.
Between 60 and 74 members have reportedly been told they will be removed from the tribe's rolls unless, as a result of a half-hour appeal hearing granted to those who request it, the council chooses to let the members remain.
The appeal hearings to determine the future for these potential disenrollees began this week.
Tribal Chair Tracey Avila said this week that questions surrounding these tribal members and their entitlement to be included among the band's number have been an issue for years, going back to 1990.
This is the largest disenrollment action the tribe has ever taken, she concedes, as the tribe prepares for a January election to determine who will be tribal chair, as well as two other seats
A June 14 election was decertified, and the tribe's election committee – dominated by Avila's family – has ruled that her challenger for the seat, EJ Crandell – who won the June election – has been disqualified from running.
Crandell and other tribal members, including potential disenrollee Luwana Quitiquit, say the disenrollments are purely political and retaliatory.
The tribe's own enrollment ordinance states that disenrollment is possible on three grounds: the person obtained enrollment by error, fraud, deceit or misrepresentation; they became a fully recognized member of another tribe without relinquishing their Robinson Rancheria membership; the person is a descendant of a disenrollee and doesn't otherwise meet membership requirements.
The ordinance doesn't allow for disenrollment due to adoption, which traditionally has been a common practice among American Indians.
However, the tribal council has passed a resolution to strike the adoption process, which Quitiquit and Crandell say is an ex post facto law, which is prohibited in the tribe's 1980 constitution, just as it is the US Constitution.
If it's truly the case that Robinson's disenrollment is born out of politics and animosity toward rival families, the Robinson band wouldn't be unique. That's because attempts to reduce tribal membership through these types of actions aren't new to Lake County, California or the nation.
On Nov. 10, 2007, 25 members of the Elem Colony were removed from that tribe's rolls, including the last native speaker of the tribe's language. Then-chairman, Ray Brown Sr. acknowledged the move to County News in a previous interview, saying that the move was justified because many of the people were adopted into the tribe and weren't blood relations.
To date, an estimated 2,000 Indians have been disenrolled by 15 California tribes – not including those currently proposed at Robinson, according to John Gomez, president of the American Indian Rights and Resources Organization (AIRRO), a group that focuses on human and civil rights issues.
Bureau of Indian Affairs Deputy Regional Director Dale Risling, based in Sacramento, said “quite a few” tribes are going through disenrollments currently.
He said his agency hears about most of them through the media, and not directly, since they don't usually have a role in settling the disputes because of tribal constitutions. “The ones that we really get are the ones that require our involvement.”
Tony Gonzales, spokesman for the American Indian Movement-West, said gaming tribes decertifying members has become a big problem nationwide as well.That's because a lot is at stake, with gaming tribes across the nation generating revenues in the realm of $46 billion.
“Unfortunately, in the process to gain more money for themselves, they are decertifying members,” said Gonzales. “The irony, too, is they're adopting non-Indians into their tribes.”
Some blame gaming for disenrollments
In California, Gomez said the vast majority of disenrollments have occurred since the passage of Proposition 5, the Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 that allowed gaming on tribal lands, and Proposition 1A, passed in 2000, allowing tribes to operate slot machines and banked and percentage card games.
He said it's mostly the gaming tribes who carry out reducing membership in this way. “I don't believe it's just about greed. I think it's about greed and retaining political power.”
Gomez was among 200 people disenrolled by the Pechanga Band of Luiseno Indians in 2004. Two years later, as many as 175 more Pechanga tribal members saw their membership disappear. “Both times it just happened prior to regularly scheduled elections for tribal council.”
The Redding Rancheria's first tribal chair, Bob Foreman, and his family – all 76 members – were disenrolled in 2002 after their lineage was questioned. Despite providing DNA samples to prove their ancestry, Foreman – who had been tribal chair for 20 years – was pushed out of the tribe.
Gomez said Foreman, who incidentally was born in Nice, went on to be a founding member of AIRRO.
Foreman died Nov. 19, and Gomez and other AIRRO members are traveling to Redding for his funeral this weekend, at which time they're expected to discuss possible action in response to Robinson's disenrollment move.
He said disenrollments often evolve around election disputes, as in Robinson's case. Similarly, Gomez said the Mooretown Rancheria of Oroville reclassified 30 percent of its membership and denied them voting rights so they couldn't participate in an election planned four days later. “The tribe still counts them as members but they're members without rights.”
Many tribal members will attempt to justify disenrollment actions saying that there is a question about ancestry, but he points out that such questions didn't arise when the tribes were counting members for federal government assistance.
As tribal rolls dwindle, federal funding also can go away, he said. However, the larger gaming tribes can afford to fund their own programs.
Quitiquit and some other tribal members facing disenrollment, many of whom asked that their names not be used at this time due to fear of retribution, said they felt Robinson Rancheria's casino and gaming had given rise to many of their current problems.
Rather than helping Indians get a leg up, they say that gaming is leading to expulsion of tribal members – among them veterans and elders – who may face a life on welfare without the support of their tribal communities.
Some Indian activists have even gone so far as to call disenrollment the “new Indian genocide.”
The problem is such a concern in Indian Country that last year, American Indian Movement activist Dennis Banks said that the Bureau of Indian Affairs needed to intervene to stop the California disenrollments.
A Government Accountability Office report issued last month, titled “Confirmation of Political Appointees: Eliciting Nominees' Views on Management Challenges within Agencies and Across Government,” also recognizes the problem.
The report urged political leaders to ask the following question of nominees for the Secretary of the Interior, which includes the Bureau of Indian Affairs: “Tribal membership disputes and tribal leadership disputes seem to be occurring more and more frequently. What experience do you have in working with tribal leadership and trying to resolve these types of disputes or in trying to prevent them?”
Far-reaching implications for loss of tribal membership
Gomez said AIRRO is seeing the same thing happening around the state – Indians stripped of lawful citizenship and all of the associated rights – from housing to education to health care to jobs.
When membership in a federally recognized tribe is lost, federal help goes away, he said. “It cuts across everything that has to do with their lives.”
The affects aren't just social or economic, but emotional and psychological as well, said Gomez. Being put out of a tribe has serious implications about identity for people who are being told they are no longer Indian.
If Robinson Rancheria goes through with its proposed membership reduction, Quitiquit said the implications could be devastating.
Among the first acts she expects is for disenrolled members to be banished from the rancheria. That would mean leaving their homes; Quitiquit's own family stands to lose two of an estimated 10 homes at stake.
Being cut off from the land also would mean they could be prevented from visiting the graves of their family members at the rancheria's cemetery, said Quitiquit. Gomez said that's happened in other areas.
There would also be a loss of education opportunities and funding, as well as Indian health services,which are critical due to the high number of tribal members suffering from diabetes and chronic diseases, particularly elders.
Those who hold jobs with the tribe also could be fired. She said some of the members in question already have been put on administrative leave from their jobs. A “no gossip” memo also was reportedly issued by Avila to staff, warning that discussion about the disenrollments would result in termination.
Quitiquit, who recently left her job as a cook for a program that provides meals to 24 homebound elders, said 20 of those elders are facing disenrollment. The four who would be left would not be enough to justify continuing the federally funded meals program.
Elders would lose their monthly retirement payments of $400, said Quitiquit. “All the elders are suffering right now because we don't have it.”
All members currently on the disenrollment list have had their payments suspended, including the $300 per capital payment plus a $2,000 Christmas bonus, funded through federal grants and revenues from the tribe's casino on Highway 20.
One elderly woman who is a caretaker for her grandchildren told Quitiquit she won't be able to make ends meet outside of the tribe.
Quitiquit said the tribal council, in its attempt to maintain power, can take these actions under the guise of sovereignty. “Forget about our civil rights.”
In the last election, many people voted for Avila because she said she was not for disenrollment, said Quitiquit. “We were completely fooled.”
She added, “If this is what happens to us, then down the road it's going to happen to the other tribal members they don't like.”
Assistant Secretary Indian Affairs Larry Echohawk Fails To Respond To Request To Meet
Native Americans who have had their civil rights violated had requested a meeting with Larry Echohawk during their event June 2 at Pechanga. The paperwork was properly filled out and sent/received within the proper timeframe.
Does this signal that the Obama administration agrees with certain violations of civil rights? Or is it simply the BIA that thinks the extermination of Native Americans is proper?
Mr. Echohawk, stand up for what is right and just. Meet with aggrieved people. What better use for your time than to seek justice?
Pechanga, Snoqualmie, Creek, Cherokee,Redding are just a few of the tribe that have harmed their people. Learn more through the links at the sidebar.
Does this signal that the Obama administration agrees with certain violations of civil rights? Or is it simply the BIA that thinks the extermination of Native Americans is proper?
Mr. Echohawk, stand up for what is right and just. Meet with aggrieved people. What better use for your time than to seek justice?
Pechanga, Snoqualmie, Creek, Cherokee,Redding are just a few of the tribe that have harmed their people. Learn more through the links at the sidebar.
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