Saturday, April 28, 2012
pechanga wrote on April 27, 2012 08:32 PM:" Now we have learned how to exclude, which is not traditional, nor cultural. The same prayers our ancestors made impacting our lives are the same prayers that affect the lives of those who are an eighth blood, a sixteenth blood, or more who want to come home. Do we enforce the mannerisms and legalism defined and dictated to us or do we, as Sovereign Nations, define and dictate and dictate our own existence and who our relatives are? If we don't, then are we really sovereign entities?"Warren Petoskey in Native Condition »
Friday, April 27, 2012
“States shall provide effective mechanisms for the prevention of, and redress for:
(
a
) Any action which has the aim or effect of depriving them of theirintegrity as distinct peoples, or of their cultural values or ethnic identities;(
b
) Any action which has the aim or effect of dispossessing them of theirlands, territories or resources;(
c
) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;(
d
) Any form of forced assimilation or integration;(
e
) Any form of propaganda designed to promote or incite racial or ethnicdiscrimination directed against them.
Moreover, enactment of the proposed actions listed below would go a long way to achieving theends of the Declaration. (Article 38)
First and foremost, the State should provide an efficient enforcement mechanism for theredress of alleged violations of the ICRA and other tribal and/or federal laws enacted to protectand preserve the rights of the individual Indian. The mechanism should include de novo reviewby federal courts of tribal court actions, upon the exhaustion of tribal remedies, where violationsof the ICRA are or have been alleged. And, in instances where there is no tribal court,individual(s) alleging violations of the ICRA or other human and civil rights violations shall beallowed to file an action in federal court and the federal court shall have jurisdiction to hear thedispute. Tribal officials, as well as State officials, shall not be allowed to invoke immunity from
prosecution for alleged rights violations nor shall a tribe’s sovereignty shield its officers,
employees, or agents.The State has previously amended the ICRA, so such action is not unprecedented. TheTribal Law and Order Act of 2010 changed the ICRA to ensure that defendants in criminalproceedings in tribal courts are afforded the same or similar rights and/or privileges as criminaldefendants in the courts of the State. While the rights of criminal defendants were expanded on,
no action was taken by the State to “fix” the flaws of the ICRA which affect the basic human and
civil rights of those victimized as a result of the ICRA.Secondly, State agencies, such as the Department of Justice, the Department of theInterior, and the State Department, shall have the authority and responsibility to investigateand/or prosecute alleged rights violations committed against indigenous people of the State. Atits homepage (www.jostice.gov/otj/civilrights.htm), the Department of Justice Civil RightsDivision clearly states that it does not have the authority to enforce the ICRA. The AIRRO isunaware of any State department or agency which exercises such authority or which will upholdits trust responsibility to protect the rights of the individual Indian.The BIA shall also be required to review and approve or deny any and all actions takenby tribal governments and/or tribal officials which may affect the rights of an individual orgroup. Alleged violations of the ICRA shall require automatic review and the BIA shall havethe authority to over-rule actions taken in violation of the ICRA or other applicable tribal or State
John Andrews · Top Commenter · ESL Instructor atUniversity of Nebraska–Lincoln
Nice words. Does that mean he's going to reverse course, and not sell Navajo Nation sovereignty by selling the nation's water rights? In my experience, Navajo Nation leaders are great at talking the talk, but fail miserably at walking the walk.
Tribes have created tribal constitutions similar to the US Constitution. However, most tribal constitutions have wording defining "blood quantum," which makes it difficult for those who approach tribes seeking their refuge who look too white, yellow, or black, yet can prove lineal descent.
I remember one of our Elders who addressed our Tribal Council concerning wording in our constitution defining who could be a member and who couldn't. He said, "When are our grandchildren no longer our grandchildren?" and left.
We believe that when we leave this physical existence and pass into the Spirit World we will meet those Ancestors who prayed for our survival. I wonder how we are going to answer them when they challenged us regarding our behaviors towards their grandchildren?
Re:Blood Quantum
Guest Commentary
Less Than Blood Quantum
Warren Petoskey in Native Condition. Comment »We know the statement "blood quantum" was made and defined for us.
There are many of us who are fortunate enough to have stayed connected or reconnected with our people, but there are those who have not and who are drifting through this physical experience trying to find their way home; trying to find their identity; and trying to find their people.
Warren Petoskey - OdawaAmong those, who have not been as fortunate, there is a movement to find their origins as Indian people. Their hearts are crying out to their people. What they are experiencing is the residuals of the racism created by obeying the dictates of the federal government in defining who is acceptable and who isn't by "blood quantum."
Tribes have created tribal constitutions similar to the US Constitution. However, most tribal constitutions have wording defining "blood quantum," which makes it difficult for those who approach tribes seeking their refuge who look too white, yellow, or black, yet can prove lineal descent.
There was a time, long ago, when "blood quantum" would not have been an issue. If we were approached by a Frenchman or an Irishman who asked to live among us and married one of our women, he was adopted into the Tribe. As long as this foreigner conducted himself sensitive to the culture and traditions, honored the ethics and values of our people they were accepted and included.
Now we have learned how to exclude, which is not traditional, nor cultural.
The same prayers our ancestors made impacting our lives are the same prayers that affect the lives of those who are an eighth blood, a sixteenth blood, or more who want to come home. Do we enforce the mannerisms and legalism defined and dictated to us or do we, as Sovereign Nations, define and dictate and dictate our own existence and who our relatives are? If we don't, then are we really sovereign entities?If we refuse these "low" bloods access to our fellowship, we are enforcing assimilation and encouraging our own historical demise. I realize that these "low" bloods can be problematic because most of them know little about their heritage or their culture and live a life in the manner they have been exposed to.
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Warren Petoskey is a tribal citizen of the Little Bay Bands of Odawa Indians, based in Harbor Springs, Michigan. He authored "Dancing My Dream," an autobiographic book that depicts overcoming challenges he faced in modern society. He and his wife, Barb, reside in Gaylord, Michigan.
posted April 24, 2012 10:30 am edt
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Pechanga - Lift the veil; you will see maggots called chairmen.
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| Pechanga - Unapproved 0 minute agoMonday, May 2, 2011 at 6:34 am |
He has used his position to commit thefts against his blood relations;macarro continues to benefit from his criminal acts against his blood relations.
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