Gabe Galanda: A moral responsibility to stop tribal disenrollment


Attorney Gabe Galanda discusses disenrollment in Indian Country. Photo from Facebook

Gabe Galanda, a member of the Round Valley Indian Tribes, explains why the federal government must do more to address the disenrollment epidemic in Indian Country:
In this era of tribal self-annihilation and self-termination, it is no longer easy to answer fundamental questions of tribal existence, like: Who's the tribe (qua tribal council)? Who's a tribal member?

Two centuries of federal laws designed to dispossess Indians of land and terminate tribes (i.e., Treaties, Dawes Act, Burke Act, IRA, P.L. 280) have converged to greatly confuse such questions. In particular, the federally prescribed dissolution of tribal cash assets on a "pro rata" or "per capita" basis over the last 110 years (Lacey Act of 1906, IGRA) has been especially destructive to tribal governments and communities.

Federal officials remove their hands---as if to say "not it"---when such questions are posed to them by persecuted tribal members. They cite FN. 32 to Santa Clara v. Martinez, 436 U.S.C. 49, 70 (1978), or tribal self-determination as justification. They refuse to acknowledge that as a result of federal laws that span the last two centuries, the indigenous capacity of many tribes to be self-determinative has been destroyed---by and through the United States.

The result: an increasing number of tribes---as many as 15% of all federally recognized tribes---are destroying themselves and taking the lives of their own people.

In particular, the Trustee seemingly fails to appreciate that its trust responsibility to protect and ensure the well-being of Indian people, is a moral obligation---per federal law.

Get the Story:
Gabe Galanda: The United States Moral Trust Responsibility to Indian Peoples (Galanda Broadman Blog 4/27)

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