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From membership and Blood toward citizenship within a tribal nation
Discussion outline for ATNI workshop May 25: 1-3 pm
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Origins of Tribal Membership Policy
Indian Reorganization Act of 1934 called for tribes to adopt a constitution (Title 25 US Code section 476) Tribal Constitutions were drafted by BIA with vote of approval by tribes BIA introduced policy: “Eligibility for membership in tribe is based on blood quantum + descendant-cy from group of members who resided on res. in 1934”, or, Who were placed on a roll of members when historic tribal claims were settled. Most tribes did not question this and adopted BIA model constitution
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Problems with Blood Quantum System
Identity as a tribal nation is lost BIA constitutions drafted to implement the IRA treated tribes as community organizations, not indigenous nations who signed treaties These BIA drafts used term “members” vs “citizens” BIA used blood quantum to divide Indians by degree of blood Allotment Act: BIA divided members: degree of tribal blood = status Members 1/2 or more tribal blood - lands placed in trust status. Members less than 1/2 quantum of tribal blood - lands bought and sold as private land owner.
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Blood Quantum Demographic Results
The initial use of Blood Quantum as criteria to define status of tribal members by BIA was inclusive of everyone who lived on or near reservations. BIA used ¼ degree blood quantum to define eligibility to be “enrolled” as tribal member Enrollment divided tribal members according to Blood Quantum Over the past 80 years since blood quantum system started, tribal members have engaged in inter-tribal marriage unions and unions with non-Indians. BIA est. national network of boarding schools; Carlyle and Haskell in Students from many different tribes found marriage partners while attending boarding schools Indian Relocation policy est. in 1950’s. many tribal members left their homes on reservation to reside in nearby towns and cities; non-resident is now majority. These policy initiatives led to huge demographic changes among Indian pop.
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Economic Changes have impacted Indian Country
Indian Gaming exploded in 21st Century; tribes learned to use authority to be exclusive operators of casino gambling in their market area. Over 300 tribes now operate successful tribal casinos; collectively they generate over $28 billion in revenues. Most successful gaming tribes now focused on diversifying their local tribal economy beyond casino gambling Access to the Internet facilitated ability of tribes to work together in Inter- tribal organizations. Natural resource developments such as timber, fisheries and agricultural succeeded in expanding and strengthening the Indian Country Economy.
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Tribal Economic success has meant high demand by new generations of tribal descendants to be enrolled Many tribes have lowered the blood quantum required for enrollment from ¼ to 1/8th and then lowered it again Tribes struggle to balance fairness to new generations with defining the rights and obligations of new members who do not reside on or near the reservation Lawsuits over enrollment controversies and claims of illegal dis- enrollment to advance a political agenda are quickly covered by local newspapers and TV stations
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Tribal enrollment controversies cry out for a solution
Tribal leaders and tribal scholars together must work together to address multi-faceted problems resulting from imposition of Blood Quantum System by the Fed. Govt. The struggle to define American Indian Identity will determine the future of Indian Country. What mix of ethnic identities will comprise the citizenry of Tribal Nations in the next ten, twenty or 100 years? Identity issues simultaneously divide and unite Indian families. By what criteria should we define “Indian” vs “non-Indian”?
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Federal policy makers should not be the ultimate decision makers on these issues
The US Government created this problem by creating and imposing a Blood Quantum System upon the Tribal Nations Tribal leaders need to play lead role and give direction to federal policy makers There should be wide latitude for each tribe to define its own solution Tribal Elders should have role as well as tribal youth Wisdom and fairness must guide in devising solutions Regional and national inter-tribal organizations need to create a neutral forum to discuss the problem
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Comparative analysis: Membership vs Citizenship
“Natural born citizen” is standard for US Citizenship status Tribal membership tradition; are you born/descended from a tribal member? Plus: you must be “enrolled” by tribal officials to become official “enrolled” member US policy resulting from allotment and IRA constitutions; you must show that you possess minimum level/quantum of tribal blood to be enrolled as a member by a tribe Immigrants to US can become a US citizen if they pass tests of immigration authorities
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Membership/Citizenship, cont.
Q As a tribal member are you entitled to vote for elected officials and for referendum ? Tribes are recognized by the US as “indigenous nations with rights to govern themselves and their own territory”. Tribes are seen by political scientists as a “polity”, a community with common ancestors organized for gov. purposes.(Webster’s dictionary) Tribal members also have rights in common with other members to hunt and fish on tribal lands, to reside on the res and to share in the benefits generated from tribal wealth. Tribal members have the privilege of taking part in cultural ceremonies.
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What are the “Civic” duties of tribal members/citizens?
To participate in the political life of the tribal nation: to vote in tribal elections and to engage in public forums on major issues affecting the community. To serve in public office when called upon by community To participate as citizen in operations of tribal govt. To pay taxes or equivalent ways to contribute in support tribal affairs To represent the tribe and its interests before inter-tribal meetings and before external governments
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American Indian Identity is not just ethnic identity
Examination of “membership based on blood” shows that tribal members are moving toward a paradigm of citizenship Blood quantum system invented by BIA 150 years ago is no longer viable Due to demographic impacts of BQS, Boarding Schools and Relocation, it is becoming increasingly difficult to maintain a level or quantum of tribal blood needed to meet the outdated standards imposed on tribes. The time has come to change these rules! American Indian Identity is a bundle of rights that flow from one’s ancestors; it is an inheritance that needs to be passed on to the next generation
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