Tribal Governments … More Dynasty than Democracy.

by Eleanor Martin

Native people have been led to believe that they are inherent sovereigns, born with the right to self determination and self governance. The truth of the matter is, all decisions concerning our governing, or self determination, are controlled by rules and regulations developed by the Congress of the United States, "to benefit the Indian people."

The Tribes, who became a political entity in 1934, when the Indian Reorganization Act (IRA) was passed, had to accept a "boiler-plate" constitution which was developed by non-Indians, in the service of the Federal government. Indian leaders in the 30's knew they needed money to achieve any benefits for their Tribe. By adopting a Section 16, IRA constitution, Indians became Federally recognized, and eligible to receive a Charter of Incorporation from the Department of the Interior. This Charter published the rules and regulations whereby the Tribe could conduct business, or borrow money to develop the reservation. In this way the influence of the Bureau of Indian Affairs (BIA) was felt on most Indian reservations.

Unfortunately, the domination of the BIA did not provide an opportunity to the entire membership to develop leadership skills crucial to the realization of self-government. Very few Indian people could afford the time, or had the energy, to both earn a living for their families, and study the new constitution. The end result was the creation of dynasties --one family and its supporters, who were aware of the Federal laws which governed Tribal people.

The majority of Tribal members knew only that they could vote and elect their choice to the Tribal governing body. Once they voted they could only trust that the elected leaders had concerns for the entire membership. This was not always the case.

During the period from 1937 until 1988, Indians living on reservations were under the control of a governing body, usually a Tribal Council, or legislative body, whose purpose was to carry out the will of the people according to the IRA constitution, and conduct Tribal business according to the Corporate Charter. Some of the early leaders had studied these new Tribal laws while serving sentences in prisons, so they had the time to learn how to deal with the Federal government, and had learned how to use Federal Indian Policy to their benefit. This dynasty was re-elected time after time, because they knew how important it was to vote. Fifty years passed, and no one had "rocked the boat". This would all change as Indian gambling became a reality with the passage by Congress of the Indian Gaming Regulatory Act (IGRA) in 1988.

Tribal Councils met almost daily, adopting plans for the building of a casino, sometimes bypassing the rules of waiting for approval by the Secretary of the Interior, causing them to face litigation in Federal Court. The first major change was the knowledge that Tribes now had money—more money than most had ever dreamed of. Until that time, the elected officials had not received a salary for their efforts. The same individuals were returned to office year after year. Most Tribal people did not bother to vote, even though they did not support all of the policies developed by the Council. Many excused their lack of interest in Tribal government by saying "They will do what they want to anyway". Meaning the dynasty and the BIA.

During the early 90's, it became apparent the Tribe was the owner of a multi-million dollar business. The elected governing body was composed of Tribal members, who prior to election were carry-out boys, shoe salesman, factory workers, and farmers,. None of them had the expertise to manage this business. The development of factions weakened the overall purpose of the Tribe, and caused dissent among the people. Tribal members turned to the BIA for assistance with developing problems, only to be told that their problems were of an "internal" nature, and must be solved by the Tribal Council. Never mind that the Council was the problem in some cases.

Like the smell of blood to a shark, the sight of the dollar sign followed by six zeros, caught the attention of non-Indian experts, some unscrupulous, who suddenly decided to devote some time to 'helping' the Indians. The lack of leadership skills now became even more evident, as Tribal leaders hired these experts to head Indian programs, and help with the industrial development of the Tribe. Non-Indians were (and still are) telling sovereign Indian people how to manage every aspect of Tribal business, from the Indian newspapers to Indian housing, planning and development. All are dependent on the non-Indian viewpoint. Once again, Indian people have been denied an effective voice in the planning and implementation of programs which are responsive to the true needs of Indian communities. Federal Indian Policy is not responsive to Indian people and their needs. Federal Indian Policy does not require accountability from Indian leaders to the Federal government, or to the members of the Tribe.

Indian sovereignty/self-determination depends on teaching and educating Tribal people in ways that will ensure the development of qualified Indian people to fill leadership roles. Sovereignty will be advanced when we are no longer dependent on ancient treaties, when we hold fast to laws which apply to all people, not separate laws for the Red, Yellow, Black or White citizens. When we observe human rights and civil rights to all humans. True control/sovereignty requires the least possible interference from the Federal government, and a true commitment to human rights.