Tribal disenrollment
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In the United States, tribal disenrollment is a process by which a Native American individual loses citizenship or the right to belong within a Native American tribe.[1]
Some native scholars have argued that although belonging in Native nations was historically a matter of kinship, it has become increasingly legalistic.[1][2] Research found that nearly 80 tribes across 20 states have engaged in disenrollment as of 2016.[1] While some tribal leaders assert that disenrollments are meant to correct tribal rolls and protect the integrity of the tribe,[3][4] others argue that empirical data shows they are politically and economically motivated.[1][5][4][6]
Article 9 of the UN Declaration on the Rights of Indigenous Peoples states: "Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned." No discrimination of any kind may arise from the exercise of such a right. Article 33 of that UN states that "Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions."[7][8] Individual and tribal rights clash in the disenrollment context.
In the United States, it is entirely up to the tribes to determine the criteria and procedures that an individual must meet and undergo to be considered for tribal membership.[9] Most tribes do so pursuant to artificial tribal membership standards meted out by the U.S. Congress pursuant to the Indian Reorganization Act of 1934, most notably blood quantum.[10] Between 1904 and 1919, tribal members of mixed African and Native American ancestry were disenrolled from the Chitimacha tribe of Louisiana, and their descendants have since then been denied tribal membership.[11]
See also
- Loss of citizenship
- Cherokee freedmen controversy
- Impact of Native American gaming
- Native American recognition in the United States
- Native American reservation politics
- Native American self-determination
- Nooksack people disenrollment controversy.
- Pechanga Band of Luiseño Indians membership and disenrollment
- Tribal sovereignty
- Redding Rancheria
References
- ^ a b c d Wilkins, David; Wilkins, Shelly Hulse (2017). Dismembered : native disenrollment and the battle for human rights. pp. 3–4.
- ^ Dunaway, Jamie (June 12, 2018). "The Fight Over Who's a "Real Indian"". Slate.
- ^ Norman, William R; Kickingbird, Kirke; Bailey, Adam P (2017). "Tribal Disenrollment Demands a Tribal Answer". Human Rights. 43 (1): 12–15. JSTOR 26423467 – via JSTOR.
- ^ a b Abramoff, Malka; Villarreal, Mireya; Yamashita, Seiji; Alvim, Leda (April 20, 2022). "Native Americans facing disenrollment fight to remain with tribes". ABC News. Retrieved January 6, 2024.
- ^ Jarvis, Brooke (2017-01-18). "Who Decides Who Counts as Native American?". The New York Times. ISSN 0362-4331. Retrieved 2024-01-06.
- ^ Hilleary, Cecily (March 3, 2017). "Native American Tribal Disenrollment Reaching Epidemic Levels". Voice of America News.
- ^ "UN Declaration of the Rights of Indigenous Peoples" (PDF). UN. Retrieved September 1, 2016.
- ^ "Native News on Line Feb 2016 "Tribal Disenrollment the new line of genocide".
- ^ Santa Clara Pueblo V Martinez, 436 U.S. 49 (1978)
- ^ "Tribal Enrollment and Genetic Testing - Genetics". genetics.ncai.org.
- ^ "Lalosttribe Resources and Information". ww16.lalosttribe.com.