The Tribal Council’s Revolution – taking your choices away

Tribal members are at a crucial cross-roads in the way you are allowed to govern yourselves. Not long ago, in February, the Tribal officials (Trustees) testified before the House Resources Committee and among the many things that were said for the record, were accusations that the DOI/BIA have acted towards the Mohawk people in a paternalistic manner that borders on racist.

Could our Tribal Trustees be guilty of the same paternalism towards Tribal members? Council refuses to allow the Tribal membership to lead the Council on important issues, because as they explain, allow me to paraphrase, having people involved in decision making just takes too long…and always a favorite…we know what is best for you. You hear those Council members say that at every meeting, all six of them. And, now the last slap on the face of tribal members is the Saturday referendum that could increase the number of Chiefs from 3 to 6 under the guise of fine tuning our broken government structure. Don’t believe it, they are lying to you, it will not change a thing for the better.

Problem governments have several things in common; among them are impossible restrictions on citizen’s rights (try initiating a grassroots referendum for example) and tight restrictions on directing or initiating government policy - have you ever been invited to witness negotiations with the State, for example? Or, asked to set the agenda for such government negotiations? Witness your inability to have your motions at tribal meetings weigh any heavier than mere opinion: Tribal members are being treated as if they are children.

Shortly, the Tribal trustees will initiate a referendum vote to increase their number from 3 to 6, eliminating the Sub positions.

The question you must ask yourself on the day of that referendum is this: Does the referendum address the actual problems we have with this Tribal government structure, or does it add fuel to a fire? Does adding more Chiefs to a troubled system – one that even Federal Courts fail to recognize - clarify or address the question of proper representation? Would this referendum restore to Tribal members the rights and privileges stolen away during the Constitutional crisis 12 years ago under the Tribal Procedures Act?

Considering our deep history of Great Laws why accept anything less than proper representation? We were once admired for being a Nation of free thinkers, practitioners of individual liberty and democracy. What advantage is there to being a domesticated Indian?

Reinforcing a top-down government is not the answer Tribal members need. The referendum question is wrong for the task at hand, that task being the redistribution of political and policy influence back to the voters. The Tribal government must evolve so it becomes effective and sensitive to the nuances of relevant Nation building, having your elected officials take directions from the voters would be the logical first step. One never hears the logic argued that increasing the number of Council members would clarify things and make our government more accountable.

According to the rules of referendum (and depending on who you ask at the Tribe), 25% or 30% of eligible voters must participate in the referendum for it to be considered valid by the DOI/BIA. If that 30% is not reached the vote is null and void and the issue dies, if of course, these Chiefs are playing by the rules. If 30% do vote and the results are yes in the majority, we will have 6 Chiefs (no-longer Trustees) and you will have given validity to the Tribal Procedures Act that neuters tribal members of their rights. But, what of the issues of proper representation and protection of the rights of the governed? Forget it, these Chiefs are in it for themselves.

Could there be a more relevant referendum taking place? Like one that would restore your rights and powers by reprioritizing those of the Council members via the Tribal Procedures Act? Such an effort was made and turned down by this Tribal Council, all within accordance to the rules, to be fair - though common sense and respect to the governed may have dictated otherwise under a more prudent leadership. This referendum leads us not to solutions over our governing problems, but to confusion as it multiplies the problems from 3 to 6. Common sense would dictate that you should put the fire out that is engulfing your house before you decide to rearrange the furniture.

This is a revolutionary referendum to be sure, but it is the Council member’s revolution not the voters, not ours. Vote no at this referendum and then get to the business of restoring and prioritizing your rights and powers over those who would be elected to represent you. This referendum, the Tribal Council’s referendum, is the wrong one to have at this time. You may want to consider turning it down and get to the real meat of the matter.

(The opinions expressed in this commentary are solely those of the individual and do not represent those of Indian Time staff and management.)