Tackling the Disenrollment Crisis On Indian Territory

On a recent trip to the southwest I had the opportunity to listen to the concerns of Native people in that region.

They, like the Haudenosaunee, are worried about the loss of their indigenous languages, the intrusion of the media on the youth, widespread substances abuses, the overall decline in health for all age groups and the excesses of Indian governments across the continent.

Most worrisome for many was the removal of Natives from tribal roles for what many claimed were personal vendettas. They also believed it was an increasingly widespread tactic used by incumbents to intimidate potential opponents in tribal elections.

Since the Oneida Nation of New York began to suspend the membership of dozens of its own people in 1995 other Native governing agencies have followed suit. From California to Massachusetts, in New Mexico and Michigan disenrollment as  a matter of course has taken hold; it has become a highly effective way of silencing dissidents or, as many claim, avoiding accountability with regards to lucrative gambling ventures.

As one disenrolled Native person from the Rio Grande area noted the act of stripping a person of their official Indian standing did not begin until the casinos arrived and seemed to be applied to those who sought public scrutiny as to how the gambling proceeds were spent.

When the disenrolled Natives tried to appeal the loss of their standing in the US courts they met only denial and defeat. Tribal officials used the Oneida Nation ruling issued by the federal courts as a defense. They knew the dissidents did not have any recourse since enrollment was held to be an internal matter subject only to the tribes themselves.  Since all tribal courts are controlled by the tribal councils securing an objective forum capable of challenging disenrollment proved to be impossible. Using the popular vote to either change membership rules or to replace corrupt tribal officials was also an exercise in frustration given that one has to be enrolled to qualify for office.

Disenrollment often means disrupting families since one must have Indian status to remain on Native lands. It also creates a climate of fear and apprehension as  there can be no security against this action. The federal courts also decided in the Oneida Nation case that the Indian Civil Rights Act lacks any meaningful enforcement provisions thereby giving tribal officials enormous, unchecked powers to arrest, convict and confine Natives without any meaningful recourse.

On the Oneida Territory in upstate New York not only Oneidas but Mohawks have been arrested by the Oneida Nation police (none of whom are Indian) and imprisoned 350 miles away at a facility near Pittsburgh, Pennsylvania. Despite repeated attempts to stop this practice (which effectively prevents defendants from obtaining legal counsel or securing bail) the Oneida Nation court (none of the judges are Native) continues to wield this unqualified power.

But there are ways to address this crisis before the US Congress intervenes.  The lack of basic human rights on Indian territory cannot be long sustained, particularly when the US federal government is now engaged in a costly war to plant American style democracy in the Middle East.

One solution is to take a page from the United Nations by creating a human rights group to investigate tribal government abuses followed by public hearings in which the disenrolled have an opportunity to testify. This would be followed by the issuing of reports outlining not only the abuses but also viable solutions to the problem. The reports will be made public.

A generation ago traditional Native leaders assumed the task of traveling among the Nations to exchange issues of common concern and to encourage an aggressive approach to treaty rights and indigenous sovereignty. A similar plan might also be used in this instance with groups of disenfranchised Natives visiting areas of concerns to pledge aid and support where necessary.

Changes in the Indian Civil Rights Act and the Indian Gaming Act are also needed to prevent government abuses.  The Civil Rights Act must require all tribal councils abide by the Bill of Rights while the Gaming Act should be amended to insure public accountability for all gambling ventures. The Gaming Act revisions might also include a profit distribution method for the benefit of all Natives while setting aside a firm percentage of expenditures for national education, cultural retention, health and housing programs.

Either the Native nations address this problem and resolve it in an equitable way or have the opponents of Indian sovereignty compel them to do so at the risk of fatally compromising the essence of our collective heritage.