In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

, tribal disenrollment is a process by which a Native American individual loses citizenship or the right to belong within a

Native American tribe In the United States, an American Indian tribe, Native American tribe, Alaska Native village, tribal nation, or similar concept is any extant or historical clan, tribe, band, nation, or other group or community of Native Americans in the Unit ...

. Belonging in Native nations, which was historically a matter of kinship, has become increasingly legalistic. More than 80 of the 574 federally recognized tribes, in 17 states, have deployed the practice, typically for political or financial reasons. While

tribal leader The term Elder, or its equivalent in another language, is used in several countries and organizations to indicate a position of authority. This usage is usually derived from the notion that the oldest members of any given group are the wisest, and ...

s assert that disenrollments are meant to correct tribal rolls and protect the integrity of the tribe, empirical data shows they are politically and economically motivated. Article 9 of the

UN Declaration on the Rights of Indigenous Peoples The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of Indigenous peoples, including th ...

states: "

Indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...

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." 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. 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 The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian ...

, most notably

blood quantum Blood quantum laws or Indian blood laws are laws in the United States that define Native American status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to estab ...

. Between 1904 and 1919, tribal members of mixed African and Native American ancestry were disenrolled from the

Chitimacha The Chitimacha ( ; or ) are a federally recognized tribe of Native Americans who live in the U.S. state of Louisiana, mainly on their reservation in St. Mary Parish near Charenton on Bayou Teche. They are the only Indigenous people in the st ...

tribe of Louisiana, and their descendants have since then been denied tribal membership. An increasing number of Native American associations urge tribes to reconsider disenrollment, or to at least ensure that any such process comports with fundamental notions of due process at law. The Association of American Indian Physicians has decried disenrollment because it "perpetuates historical trauma", resulting in "health risks", including "suicide, homicide, accidental deaths, domestic violence, child abuse and alcoholism, as well as other social problems". The National Native American Bar Association has declared it "immoral and unethical" for "any lawyer" to help tribes remove people from their rolls without an adequate process to address the rights of the individuals.

References

{{reflist Native American law Denaturalization

See also

References