ICRA..Indian Civil Rights Act

Tribal members need to be aware of the Indian Civil Rights Act (Title 25, U.S. Code) in particular, Section 1301-03. Beginning in 1962 a U.S. Senate subcommittee began a series of hearings concerning the administration of justice by tribal governments. During these hearings, according to Stephen Pevar, author of the Rights of Indians and Tribes, “tribal members testified that tribal officials were tyrannical and biased.” Pevar also writes that members requested that Congress pass legislation protecting them from further abuse. Amid allegations of misconduct and abuse of tribal authority, thousands of tribal members were living under a government who claimed that sovereign rights allowed them the option not to respect constitutional rights.

The result of the hearings was the passage of ICRA which was intended to ensure that individual Indians were protected by the broad Constitutional rights secured to other Americans from arbitrary and unjust actions of tribal governments. Tribes can discriminate against race when it comes to voting rights but other protected rights are: the right to free speech, press and assembly, so firing an employee because they were overheard talking to someone else about something tribal officials were embarrassed about, is a violation of ICRA. Using a breach of confidentiality as ‘cause’ when the reported breaches were already on the news does not qualify the information as a breach. Political retaliation is closer to the truth when it comes to the many recent firings by Sault Tribe officials.

Other ICRA rights are: protection against unreasonable search and seizure; the right to a speedy trial; the right to hire a lawyer in a criminal case; protection against self-incrimination (this is an important issue for many of the recently terminated tribal employees), protection against cruel and inhuman punishment; the right to equal protection of the laws, and due process of law.

It all sounds pretty good, right? But guess what; in most cases, the federal courts are useless when it comes to ICRA. Tribal members are supposed to be able to seek justice through their tribal courts. Isn’t that a hoot when it comes to the Sault Tribe’s tribal court that has been recently loaded with Bouschorists.

So what are the alternatives? First of all, sovereignty gives tribal members the right to take on their own system. Alternative number 2 is to petition Congress, (who has the ultimate authority over tribes) to pass laws to give tribal members the civil liberties they are entitled to. Finally, American Indians need their voices represented in Congress. Tribal members all over the country need to get behind their candidates and push hard for a bigger and louder voice in Congress to represent the rights of American Indians.
Lynne Weaver

Credit: Steven L. Prevar, The Rights of Indians and Tribes, 2nd ed. (Carbondale, IL: Southern Illinois University Press, 1992). 240-248.