"THE OYATE SPEAK, BUT ARE THE 'LEADERS' LISTENING?"
HUNGER STRIKE PROTESTING RECENT ACTIONS OF STANDING ROCK SIOUX TRIBAL COUNCIL
STANDING ROCK SIOUX TRIBAL JUDGE B.J. JONES DENIES 'LETTER FOR APPEAL' FOR A FREEZE ON $48.9 MILLION SALAZAR SETTLEMENT BUT SETS DATE FOR PRELIMINARY HEARING FOR TEMPORARY INJUNCTION FOR OCTOBER 8
STANDING ROCK SIOUX TRIBE - ACTT ACTIVE CITIZENS FOR TRIBAL TRUTH DEMONSTRATES AT WILLIAM L. GUY FEDERAL BUILDING IN BISMARCK
SRST - ACTT DEMONSTRATES AT WILLIAM L. GUY FEDERAL BUILDING IN BISMARCK
SRST - ACTT SPOKESPERSON FOR BISMARCK/MANDAN AREA DR. CHERYL KARY BEING INTERVIEWED BY LOCAL MEDIA
SRST - ACTT DEMONSTRATES AT WILLIAM L. GUY FEDERAL BUILDING IN BISMARCK
SRST ACTT RESERVATION SPOKESMAN ARCHIE FOOL BEAR BEING INTERVIEWED BY LOCAL MEDIA
STANDING ROCK SIOUX TRIBAL COUNCIL UNDER INVESTIGATION FOR ALLEGATIONS OF TRIBAL CORRUPTION AND MISMANAGEMENT BY FEDERAL BUREAU OF INVESTIGATION
STANDING ROCK SIOUX TRIBAL JUDGE B.J. JONES DENIES 'LETTER FOR APPEAL' FOR A FREEZE ON $48.9 MILLION SALAZAR SETTLEMENT BUT SETS DATE FOR PRELIMINARY HEARING FOR TEMPORARY INJUNCTION FOR OCTOBER 8
SRST - ACTT HOLDS RALLY/DEMONSTRATION AT WILLIAM L. GUY FEDERAL BUILDING AT STATE CAPITAL PROTESTING TRIBAL CORRUPTION AND MISMANAGEMENT BY THE STANDING ROCK SIOUX TRIBAL COUNCIL AND DISCRIMINATION OF SRST'S OFF RESERVATION TRIBAL MEMBERSHIP
STANDING ROCK SIOUX TRIBAL COUNCIL RESCINDS MOTION MADE IN TUESDAY TRIBAL COUNCIL MEETING TAKING SALAZAR BUDGET BACK OUT TO THE DISTRICTS AND FOR PER CAPITA PAYMENT TO BE GIVEN TO 'ALL' SRST ENROLLEES
9-16-12
By Deborah LaVallie
The Turtle Island Messenger
In a desperate measure to bring attention to allegations of tribal corruption and mismanagement and recent tribal council decisions, Standing Rock Sioux Tribal member, also a member of SRST - ACTT, Active Citizens for Tribal Truth, 'Aki'cita Winyan', Woman Warrior, Rhea Archambault has made the potentially, life-threatening decision to go on a hunger strike, in the courageous act of 'crying for her People', putting her life on the line, for the 'People' of her tribe, her Mitakuyapi relatives. Beginning her hunger strike at 2 PM Sunday at the tribal headquarters of the SRST in Fort Yates, (ND), Ohitika, 'Strong Lakota Winyan', Archambault thought long and hard about her decision, crying and praying that the SRST council will listen to the 'People' of her tribe.
The grassroots SRST - ACTT group from Standing Rock and from the Bismarck/Mandan area held a rally/demonstration in front of the William L. Guy Federal Building in Bismarck on Monday, September 10, in an effort to bring attention to concerns of recent SRST council actions to North and South Dakota Congressional leadership that have been previously ignored by them, in an effort for federal intervention. A group of ACTT members also traveled from Minneapolis to take part in the demonstration to advocate for off-reservation enrollees being included in the $48.9 million Salazar Settlement which will soon be dispursed by the SRST tribal council. Though the group doesn't have an 'actual' membership, there is growing support from Standing Rock Sioux Tribal members from across the country and on the reservation, itself, and more and more tribal members have been attending the meetings.
Spokesperson for the 'off-reservation' Bismarck/Mandan area ACTT group, Dr. Cheryl Kary spoke on the dire need for reform of tribal governments because of the on-going and repeated human rights violations and abuses and mismanagement of tribal councils which limits the socio-economic progress of tribes throughout the country. "A lot of tribes have these same issues." Calling attention to the Standing Rock Sioux Tribe, she stated, "A 'one-mob-rule' government does not work." She said the ACTT group formed because of the civil, human and legal abuses perpetrated by the SRST Tribal Council, and as a response to the removal charges of Chairman Charles Murphy in January and her own illegal removal as the tribes' executive director. "The only way there can be change is for a 'true' Separation of Powers. The Judicial, the Legislative and the Executive branches of the tribal government must be independent of each other and separate", stating that there is a serious need to amend the tribal constitution. She stated that ACTT is about standing up and speaking out, and that the 'concept' originated with Native Peoples, "This is what a 'Consensus' form of government 'by the people, and for the people' is all about."
Spokesman for the SRST ACTT reservation group, Archie Fool Bear, stated that there isn't a family on Standing Rock that doesn't have a family member who lives off the reservation or has been forced to leave because of the lack of economic progress, jobs and housing there. He believes the $48.9 million Salazar Settlement should be paid out in per capita payments equally to on and off reservation members. "Our people are having hard times making it in the cities and often get turned down for help when they ask the Tribe for help." He believes that 'all' members of the Standing Rock Sioux Tribe should be able to vote and take part in their tribal government. Local districts have to abide by tribal laws and according to Title 20 you have to be a resident for 30 days before you can qualify for help. As a former member of the Tribal Judicial Committee, Fool Bear stated he feels the need for a constitutional amendment changing the residency clause. "The local districts don't want to set aside money for helping their people living off the reservation. You don't stop being an Indian, the moment you cross the Cannonball - Mobridge Bridge," he said, "You don't stop being a member of the Standing Rock Sioux Tribe." He stated,"Our people are having such a rough time in the cities, yet there isn't anything for them to come home to." He feels there is a need for satellite offices enrolled members of the SRST can go to for help in the major cities where tribal members have been forced to live. He thinks the Tribe should go back to the old ways when the Oyate used to elect the council. "A long time ago, the Chiefs use to 'serve' the Oyate, now, they are 'self-serving'."
READ MORE.....
Both Dr. Kary and Fool Bear believe that the IRA constitutions forced upon the Tribes under the Indian Reorganization Act are not working for the people they are suppose to protect, and, are in fact helping to oppress the people and cause dysfunction within the tribes. They both feel strongly, the need for a 'true' Separation of Powers within the tribal government, and both feel the Tribal Law and Order Act (TLOA), in which Standing Rock was a pilot project for the implementation of TLOA has not been working there. Dr. Kary stated, "That unless there is a 'true' Separation of Powers, Judges are and can still be 'influenced' by the Tribal Council." Fool Bear also confirmed that several members of the SRST ACTT group have been interviewed by the Federal Bureau of Investigation on allegations of tribal council corruption and mismanagement, though he couldn't disclose the specifics.
The ACTT group believes the same circumstances which are requiring federal intervention at the Spirit Lake reservation are occurring at Standing Rock and will continue to occur, until the structural flaws in the tribal government are fully addressed. They believe the structural flaws in the IRA constitutions allow the Tribal Council to be the Judge, the Jury, and the Executioner in all circumstances and that they are using the Tribes own tribally-paid attorneys to justify their acts of denying the rights of the people and due process of the law. They believe that tribal funds are being used to further the Council's own personal interests, putting the Tribe at risk economically for their own personal gain, and that they have broken the law by holding illegal and non-public meetings to decide funding and budget decisions which are supposed to be taken to the people. The group also believes the Tribal Council have used their positions within the only media on Standing Rock (the Teton Times newspaper and the KLND Radio Station) to personally slander and ridicule the ACTT members, breaking the Code of Justice, once again.
Specific examples of the rights violations and abuses Dr. Kary talked about are the SRST Council's refusal to allow the people of Standing Rock to vote freely on the 'Fighting Sioux' logo issue, despite a petition with over 1,000 signatures calling for a vote. She also stated, that the Council used tribal funds to pay for a law firm to remove Tribal Chairman Charles Murphy in January of this year, staging a power grab. The Tribal Council broke the laws of the SRST Code of Justice by illegally firing employees and becoming involved in personnel matters. She said the Council broke the laws of the SRST Code of Justice by using their positions to harass, bully, intimidate, and obstruct the Recall petitions taken out on three council members and signed by the citizens of Standing Rock. The Recall petitions recalling Avis Little Eagle, Phyllis Young and Jay Taken Alive are in the process of being certified and the 90 day certification period will be up on September 24th. The SRST Tribal Council also refused to allow tribal members to speak on their Code of Ethics complaints and denied nearly 100 complaints against various members. ACTT members stated that the Tribal Council ignored the motions from all of the Districts on the reservation asking for a per capita payout on the Salazar Settlement so they can use the money for their pet projects for personal/political gain and continue to use their positions of public leadership to pit the on-reservation and off-reservation membership against each other instead of representing the entire Tribe of enrolled members.
Velma Little Eagle Balderas traveled with a group from Minneapolis to take part in the demonstration/rally and to attend the tribal council meeting taking place on Tuesday, Sept 11. She believes the $48.9 million Salazar Settlement should be distributed fairly and equally among 'all' SRST members, who live both on and off the reservation. As a direct descendant and granddaughter of Takanka Iyotaka, Sitting Bull, she feels that the great leader of the Hunkpapa Lakota would never want to see the Tribe discriminate against their own people. "Our people are pitiful, and struggle so hard in the cities, where they were forced to migrate for jobs and economics, and many end up homeless on the streets or in shelters." In fact, while she was taking part in the demonstration at the Federal Building, she got a phone call that she had been evicted from her home that she pays $1,200 a month in rent, and her children had to move her out while she was at Standing Rock, addressing the issues of off reservation members. "The $48.9 million Salazar Settlement was a 'trust' settlement that the Standing Rock Sioux Tribe received for the mismanagement of our lands and resources, and should be divided, 100% per capita, fairly and equally, between 'all' members of the Tribe" she said.
The SRST - ACTT group attended the scheduled SRST tribal council meeting the next day, September 11 at the tribal headquarters, where two leaders of the group, Velma Little Eagle Balderas and Archie Fool Bear addressed the tribal council about their issues. Chairman Charles Murphy began the council meeting speaking about the victims of 9/11 and the reason the flag was at half mast. The meeting was packed with over 100 tribal members in attendance. The SRST Tribal Council addressed the Salazar Settlement budget and the distribution of the funds. Tribal elder Mary Louise Defender addressed the council discussing what an historic decision they had to make and asked that all budget documents be passed out to everyone in attendance. She stated the Council's decision would be an historical landmark and that they had a tough decision to make. "The U.S. Government misused trust assets. All enrolled members on and off the reservation are entitled to share in the Settlement." A recess was taken while copies of the budget were made and passed out. Speaker after speaker addressed the council on how important it was to give a per capita payment out to each and every member of the tribe. They spoke on the importance of leaving something for the future generations, something to "pave the way for our children and grandchildren" and how important it was for the council to make the right decision on how to spend the Settlement monies. The word of the day was 'compromise'.
The SRST - ACTT group addressed the tribal council speaking about how important it was to include everyone in the Tribe in the disbursement. Little Eagle Balderas spoke as an advocate for all tribal members living off the reservation. "We left here because there were no jobs, no economic system. The Oyate should have a voice. The 30 day residency clause is bogus. The Tribal Council is embezzling tribal funds. If non-reservation enrollees aren't included, I will work to make sure you are all voted out of office. I have a large family and extended family here, if I have to I will move all of my family back here and make sure 'we' will have a vote. Be honorable and respect us, too." Fool Bear told the council that the proposal isn't the wishes of the People. "The proposal sucks. The amendment sounds good but the payout should be higher. The cost of living is so much higher for our off-reservation enrollees." He spoke of how the Salazar Settlement is for the Tribe, meaning for the 'People'. "It doesn't say for the 'council'. Tribal government can create policies and can get rid of the 30 day residency clause. When a Tribe acts as a government, it means that it acts for everybody. What's the rush? In the listening sessions everybody wanted to see a payout. I like the word 'compromise'...this council can 'compromise'. The budget should be taken back out to the communities. People will listen. Everybody wants their pet projects done. I would hope you think for the 'People' today, Mr. Chairman."
'Aki'cita Winyan', Woman Warrior, Valerie Wolf Necklace, of Cannon Ball, a Persian Gulf War Veteran, U.S. Army, and member of the Standing Rock Sioux Tribe petitioned the SRST Tribal Court in a Letter of Appeal, for restraining order to freeze spending of the Salazar Trust Settlement on behalf of all Standing Rock off-reservation members of the Tribe. Her petition for Appeal was denied by SRST Tribal Judge B.J. Jones, stating that she would have to show the 'discrimination' of the off-reservation enrollees as 'irreparable harm', citing two earlier tribal cases, Black Hills Coalition of Standing Rock Enrollees v Standing Rock Tribal Council and Seaboy v White Eagle. Jones did set a date for a preliminary hearing of the case for October 8.
The SRST Tribal Council met on Wednesday and rescinded Tuesday's approved motion to give per capita payments to all enrolled members of Standing Rock. As it stands now, the motion for the proposed budget is going back out to the districts for the input of the People.
Spokesperson for the 'off-reservation' Bismarck/Mandan area ACTT group, Dr. Cheryl Kary spoke on the dire need for reform of tribal governments because of the on-going and repeated human rights violations and abuses and mismanagement of tribal councils which limits the socio-economic progress of tribes throughout the country. "A lot of tribes have these same issues." Calling attention to the Standing Rock Sioux Tribe, she stated, "A 'one-mob-rule' government does not work." She said the ACTT group formed because of the civil, human and legal abuses perpetrated by the SRST Tribal Council, and as a response to the removal charges of Chairman Charles Murphy in January and her own illegal removal as the tribes' executive director. "The only way there can be change is for a 'true' Separation of Powers. The Judicial, the Legislative and the Executive branches of the tribal government must be independent of each other and separate", stating that there is a serious need to amend the tribal constitution. She stated that ACTT is about standing up and speaking out, and that the 'concept' originated with Native Peoples, "This is what a 'Consensus' form of government 'by the people, and for the people' is all about."
Spokesman for the SRST ACTT reservation group, Archie Fool Bear, stated that there isn't a family on Standing Rock that doesn't have a family member who lives off the reservation or has been forced to leave because of the lack of economic progress, jobs and housing there. He believes the $48.9 million Salazar Settlement should be paid out in per capita payments equally to on and off reservation members. "Our people are having hard times making it in the cities and often get turned down for help when they ask the Tribe for help." He believes that 'all' members of the Standing Rock Sioux Tribe should be able to vote and take part in their tribal government. Local districts have to abide by tribal laws and according to Title 20 you have to be a resident for 30 days before you can qualify for help. As a former member of the Tribal Judicial Committee, Fool Bear stated he feels the need for a constitutional amendment changing the residency clause. "The local districts don't want to set aside money for helping their people living off the reservation. You don't stop being an Indian, the moment you cross the Cannonball - Mobridge Bridge," he said, "You don't stop being a member of the Standing Rock Sioux Tribe." He stated,"Our people are having such a rough time in the cities, yet there isn't anything for them to come home to." He feels there is a need for satellite offices enrolled members of the SRST can go to for help in the major cities where tribal members have been forced to live. He thinks the Tribe should go back to the old ways when the Oyate used to elect the council. "A long time ago, the Chiefs use to 'serve' the Oyate, now, they are 'self-serving'."
READ MORE.....
Both Dr. Kary and Fool Bear believe that the IRA constitutions forced upon the Tribes under the Indian Reorganization Act are not working for the people they are suppose to protect, and, are in fact helping to oppress the people and cause dysfunction within the tribes. They both feel strongly, the need for a 'true' Separation of Powers within the tribal government, and both feel the Tribal Law and Order Act (TLOA), in which Standing Rock was a pilot project for the implementation of TLOA has not been working there. Dr. Kary stated, "That unless there is a 'true' Separation of Powers, Judges are and can still be 'influenced' by the Tribal Council." Fool Bear also confirmed that several members of the SRST ACTT group have been interviewed by the Federal Bureau of Investigation on allegations of tribal council corruption and mismanagement, though he couldn't disclose the specifics.
The ACTT group believes the same circumstances which are requiring federal intervention at the Spirit Lake reservation are occurring at Standing Rock and will continue to occur, until the structural flaws in the tribal government are fully addressed. They believe the structural flaws in the IRA constitutions allow the Tribal Council to be the Judge, the Jury, and the Executioner in all circumstances and that they are using the Tribes own tribally-paid attorneys to justify their acts of denying the rights of the people and due process of the law. They believe that tribal funds are being used to further the Council's own personal interests, putting the Tribe at risk economically for their own personal gain, and that they have broken the law by holding illegal and non-public meetings to decide funding and budget decisions which are supposed to be taken to the people. The group also believes the Tribal Council have used their positions within the only media on Standing Rock (the Teton Times newspaper and the KLND Radio Station) to personally slander and ridicule the ACTT members, breaking the Code of Justice, once again.
Specific examples of the rights violations and abuses Dr. Kary talked about are the SRST Council's refusal to allow the people of Standing Rock to vote freely on the 'Fighting Sioux' logo issue, despite a petition with over 1,000 signatures calling for a vote. She also stated, that the Council used tribal funds to pay for a law firm to remove Tribal Chairman Charles Murphy in January of this year, staging a power grab. The Tribal Council broke the laws of the SRST Code of Justice by illegally firing employees and becoming involved in personnel matters. She said the Council broke the laws of the SRST Code of Justice by using their positions to harass, bully, intimidate, and obstruct the Recall petitions taken out on three council members and signed by the citizens of Standing Rock. The Recall petitions recalling Avis Little Eagle, Phyllis Young and Jay Taken Alive are in the process of being certified and the 90 day certification period will be up on September 24th. The SRST Tribal Council also refused to allow tribal members to speak on their Code of Ethics complaints and denied nearly 100 complaints against various members. ACTT members stated that the Tribal Council ignored the motions from all of the Districts on the reservation asking for a per capita payout on the Salazar Settlement so they can use the money for their pet projects for personal/political gain and continue to use their positions of public leadership to pit the on-reservation and off-reservation membership against each other instead of representing the entire Tribe of enrolled members.
Velma Little Eagle Balderas traveled with a group from Minneapolis to take part in the demonstration/rally and to attend the tribal council meeting taking place on Tuesday, Sept 11. She believes the $48.9 million Salazar Settlement should be distributed fairly and equally among 'all' SRST members, who live both on and off the reservation. As a direct descendant and granddaughter of Takanka Iyotaka, Sitting Bull, she feels that the great leader of the Hunkpapa Lakota would never want to see the Tribe discriminate against their own people. "Our people are pitiful, and struggle so hard in the cities, where they were forced to migrate for jobs and economics, and many end up homeless on the streets or in shelters." In fact, while she was taking part in the demonstration at the Federal Building, she got a phone call that she had been evicted from her home that she pays $1,200 a month in rent, and her children had to move her out while she was at Standing Rock, addressing the issues of off reservation members. "The $48.9 million Salazar Settlement was a 'trust' settlement that the Standing Rock Sioux Tribe received for the mismanagement of our lands and resources, and should be divided, 100% per capita, fairly and equally, between 'all' members of the Tribe" she said.
The SRST - ACTT group attended the scheduled SRST tribal council meeting the next day, September 11 at the tribal headquarters, where two leaders of the group, Velma Little Eagle Balderas and Archie Fool Bear addressed the tribal council about their issues. Chairman Charles Murphy began the council meeting speaking about the victims of 9/11 and the reason the flag was at half mast. The meeting was packed with over 100 tribal members in attendance. The SRST Tribal Council addressed the Salazar Settlement budget and the distribution of the funds. Tribal elder Mary Louise Defender addressed the council discussing what an historic decision they had to make and asked that all budget documents be passed out to everyone in attendance. She stated the Council's decision would be an historical landmark and that they had a tough decision to make. "The U.S. Government misused trust assets. All enrolled members on and off the reservation are entitled to share in the Settlement." A recess was taken while copies of the budget were made and passed out. Speaker after speaker addressed the council on how important it was to give a per capita payment out to each and every member of the tribe. They spoke on the importance of leaving something for the future generations, something to "pave the way for our children and grandchildren" and how important it was for the council to make the right decision on how to spend the Settlement monies. The word of the day was 'compromise'.
The SRST - ACTT group addressed the tribal council speaking about how important it was to include everyone in the Tribe in the disbursement. Little Eagle Balderas spoke as an advocate for all tribal members living off the reservation. "We left here because there were no jobs, no economic system. The Oyate should have a voice. The 30 day residency clause is bogus. The Tribal Council is embezzling tribal funds. If non-reservation enrollees aren't included, I will work to make sure you are all voted out of office. I have a large family and extended family here, if I have to I will move all of my family back here and make sure 'we' will have a vote. Be honorable and respect us, too." Fool Bear told the council that the proposal isn't the wishes of the People. "The proposal sucks. The amendment sounds good but the payout should be higher. The cost of living is so much higher for our off-reservation enrollees." He spoke of how the Salazar Settlement is for the Tribe, meaning for the 'People'. "It doesn't say for the 'council'. Tribal government can create policies and can get rid of the 30 day residency clause. When a Tribe acts as a government, it means that it acts for everybody. What's the rush? In the listening sessions everybody wanted to see a payout. I like the word 'compromise'...this council can 'compromise'. The budget should be taken back out to the communities. People will listen. Everybody wants their pet projects done. I would hope you think for the 'People' today, Mr. Chairman."
'Aki'cita Winyan', Woman Warrior, Valerie Wolf Necklace, of Cannon Ball, a Persian Gulf War Veteran, U.S. Army, and member of the Standing Rock Sioux Tribe petitioned the SRST Tribal Court in a Letter of Appeal, for restraining order to freeze spending of the Salazar Trust Settlement on behalf of all Standing Rock off-reservation members of the Tribe. Her petition for Appeal was denied by SRST Tribal Judge B.J. Jones, stating that she would have to show the 'discrimination' of the off-reservation enrollees as 'irreparable harm', citing two earlier tribal cases, Black Hills Coalition of Standing Rock Enrollees v Standing Rock Tribal Council and Seaboy v White Eagle. Jones did set a date for a preliminary hearing of the case for October 8.
The SRST Tribal Council met on Wednesday and rescinded Tuesday's approved motion to give per capita payments to all enrolled members of Standing Rock. As it stands now, the motion for the proposed budget is going back out to the districts for the input of the People.
VELMA LITTLE EAGLE BALDERAS STANDS WITH HER 'GRANDFATHER' TATANKA IYOTAKA SITTING BULL IN TRIBAL COUNCIL CHAMBERS
SRST - ACTT SPOKESMAN ARCHIE FOOL BEAR ADDRESSES THE SRST TRIBAL COUNCIL
SRST - ACTT ADVOCATE FOR OFF-RESERVATION ENROLLEES VELMA LITTLE EAGLE BALDERAS ADDRESSES THE SRST TRIBAL COUNCIL
STANDING ROCK SIOUX TRIBAL HEADQUARTERS
PHOTO CREDITS: DEBORAH LAVALLIE
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