By Ivan F. Starr Comes Out I do not take pleasure in writing this particular article, but we must realize the reality of our situation. Besides, as dismal as things are, this is more of a truthful essay of a modern-day group of people whose roots can be traced back to their renown and honored heritage. As individuals, each of us must realize that the truth can be uncomfortable, but awareness is the first step toward healing and reconciliation. Today, I see a definite amount of confusion, apathy, cynicism, segregation, and vindictiveness among the residents of the Pine Ridge Reservation. Alcoholism and all its negativity affected me and what saddens me is that it remains pervasive in the community in these modern times. I can only speculate that our situation is caused by unresolved trauma, be it personal or historical. Consequently, I believe my home district is the most economically undeveloped district on the Pine Ridge Reservation. The district’s families once lived in their particular community areas and they had more respect for themselves and for each other. Today, the majority have been massed into a centralized housing complex where crime and despondency seem to abound and the old way seems to dissolve. I was disheartened for a moment when I found that our district and community governments, which were established under our inherent right to govern ourselves, were taken away and no one cared. A constitution and by-laws once governed each of the ten constitutional communities as well as the central district government. Today, the district is governed by 4 or 5 executive officers under Article VI of the tribal constitution and essentially the Tribal Council. Actually, all nine districts are now governed by the tribal constitution. I believe our current living conditions and difficulties, including the apathy and confusion, resulted from our ever-present apathy and continuing lack of knowledge of this constitutional system. We must also realize that although our knowledge of this government system is lacking, we cannot justly blame ourselves. In fact, I have not met anyone who received formal social studies instruction in junior and high school about our ancient tiospaye government or this new constitutional system. Instead all of us were taught city, county, state, and federal governments and a one-sided history. Anyway, about two years ago, I testified to the Tribal Council that Oglala District no longer has a legitimate constitution and by-laws and that the only recognized governing body of the district is its executive committee, elected by the district voters according to Article VI-District Organization. I stated then that this section was amended by the 1997 Secretarial Election. As a result, the district’s constitutional communities that comprised the district prior to 1997 are no longer acknowledged. This includes 40-plus community officials and the 20-member District Council with its executive officers. Having served six terms as Secretary to the “Oglala District Council” in the late 1980s, I can say that a district council was never “duly” elected. The district’s constitutional communities had struggled to operate their governments for more than four decades, even after the 1997 amendment. Each community would have to elect this legislative body according to constitutional protocol. The fact that OD has not elected a District Council in accordance to constitutional guidelines for more than 40 years is supported by the fact that community constitutions have been altered without proper protocol and became hopelessly distorted. As such these constitutions are now useless. I also stated the fact that community officers were being elected outside of the proper constitutional protocol resulting in legally questionable community elections. For years, small groups, usually family members, in each community had been “electing” each other into community officer positions which eventually led to a demise of the communities. This common practice does not even meet the 30% election requirement stated in the Indian Reorganization Act (IRA) of June 18, 1934, which renders these acts invalid. I have to point to the absurdity of this voting requirement. It was enacted by Congress in the effort to get the new IRA constitutions “accepted” on several reservations. Initially, Section 16 of the IRA obligated the democratic principle of majority rule, meaning “a majority vote of the adult members of the tribe.” Although this refers to the initial adoption of a constitution, the same principle is incorporated and established in the subsequent Constitution and By-Laws of the Oglala Sioux Tribe. Another historical fact that lives in obscurity today is that on June 15, 1934, this section was amended just three days prior to congressional enactment. This last minute change, “Total votes cast shall not be less than 30 per centum of those entitled to vote” reduced the total of all eligible voters. However, the majority principle (one more than half) of one third of the total within that 30% was not altered. This is critical information to know and to have. Unfortunately, in complying with the majority rule in all tribal government meetings, we also have to comply with the 30% ruling governing the overall voting population. On the other hand, if a community adhered to these federal protocols, their actions would definitely have the force of law. As a point of fact, the old district constitution still exists on paper but no longer has the force of law. The district voters can reinstitute their constitution by electing a District Council according to proper tribal constitutional procedure. Also, an updated constitution and by-laws must be written for each community as well as for the district. The district’s old constitution needed work and had great potential, it was never properly employed. I must note here that under my district’s old and now defunct constitution, elected officials would serve in three distinct capacities; the community and the district executive officers would be administrative (at two separate levels) and the District Council would be legislative. Again, this lack of knowledge has everything to do with our current situation. We have to realize that this educational deficiency is the cause of the incomplete and sometimes adverse conditions we have endured for decades. More importantly, we have to force the fact that individual voters hold the power and authority to govern and we must learn how to use this clout. This is my personal opinion, and many may disagree, but for a voter to participate efficiently in making the needed changes, one must do so with knowledge of established tribal and federal government protocols and laws as well as a deferential attitude toward the rights of other people. (Ivan F. Star Comes Out, POB 147, Oglala, SD 57764; 605-867-2448; mato_nasula2@yahoo.com) Copyright permission Native Sun News
Join the Conversation
