The Rights of the Indian Tribes in the Modern World

"Racism is the lowest, most crudely primitive form of collectivism.

It is the notion of ascribing moral, social or political significance to a man's genetic lineage- the notion that a man's intellectual and charactereological traits are produced and transmitted by his internal body chemistry."

- Ayn Rand (1963)

The struggle of the past

In the distant past, laws and political powers, and structural maneuvering were used to disregard and displace the rights of the Native Americans to their ancestral lands to practice their traditions and religion, and to self-determination. Both political and legal structures were instituted to establish an apartheid system supported by laws, political powers, and the legal system. This racist implement soon served as a legally acceptable mandate to all crucial government institutions like education, the courts, civil service, public utility services, to name a few. The desire of the federal government and policy makers over a hundred years ago to assimilate the Indian tribe into the torrential cultural mainstream led to the policy of acculturation, which became the exponent of many prejudicial and racist laws and legislations enacted against the Native Americans

One of the absurd and bigoted laws was the Indian Removal Act of 1930 enacted during the term of President Andrew Jackson. This Removal Law sought to move by force Native Indians to the West. To validate said Act, the United States Supreme Court ruled that Indians could occupy lands; however, they were not at liberty to hold title to those lands. However, despite the force of acculturation laws established by the U.S. Congress, there were still Indian tribes that steadfastly clanged on to their ancestral lands and resisted against the assimilation methods employed by the federal government (Roupe & Tippeconnic, 1987)

This extermination process was replaced by another law, which was the General Allotment Act, otherwise known as the Dawes Act of 1887. This Act sought to provide for the allotment of lands within the United States in severalty to Native Indians on various reservations. Government planners during that time believed that this piece of legislation could fast-track cultural integration. As for penal legislations, the Congress also enacted the Major Crimes Act in 1885, which conferred criminal jurisdiction upon the federal government over grave felonies committed in Indian tribes and ended tribal jurisdiction over major said crimes.

The birth of Individual rights

However, the advent of the last century gradually eroded these prejudicial legal frameworks, as far-reaching ideologies slowly engulfed the New World that paved the way for the recognition of individual rights. One of the most important implements of social justice that somehow spurred the yet slow recognition of Indian's civil rights was the Fourteenth Amendment that guarantees the equal protection of the laws. However, in spite of this development, there were still instances wherein Indian and even non-Indian reservations were treated in a different way (Eguiguren, 2000).

Indeed, the best antidote to those old prejudicial laws is but open-minded laws that respect both the civil liberties and individual rights of not only the Indians but also the non-Indians. The introduction of the concept of individualism in the United States led to the gradual recognition of the civil rights of Native Indians. Among the civil rights demanded by Native Americans are the following:

- Continuing struggle for voting rights

- Eradication of mascots by professional sports teams and schools that are deemed distasteful since they reflect obsolete typecasts and continue racism against Indians

- Discrimination in the employment in almost all areas and levels of institutions tasked with the administration of justice at both federal and local levels

- Lack of involvement in local, state, and federal elections

- Lack of financial assistance, training and technical support to tribal court systems and tribal law enforcement agencies

- Inadequate legal resources and assistance

- Insufficient legal frameworks against racial discrimination

There are however enactments that support the economic status of Native Americans. One of which is the Small Business Act that provides both technical and financial assistance, as well as priority for small businesses owned and operated by Native Americans and financially disadvantaged small businessmen. There is also this Indian Finance Act that provides 5 percent incentive program to subcontracting Indian in the government marketplace.

Conclusion

Today, the more than 500 tribal communities in the United States struggle to preserve their rich traditions, culture, and identity. One way to achieve this cultural identity is through self-determinism and self-governance. As a member of a still intact tribal community and a mother of seven children, it is my desire to give a brighter future to my children; to witness their growth and personality development away from social prejudices and any types of discriminations like those suffered by our predecessors.

As in the past, it is the goal of today's generation of Native Americans to keep the spirit of Indian identity steadfastly intact, and to extend this identity to the succeeding generations. Thus, it is our community goal to attain the following objectives: a) protect and establish tribal sovereignty; b) achieve official tribal acknowledgment for countless tribes; c) help tribes carry on their traditions; d) help uphold religious freedoms; ensure the return of remains and burial goods from museums for proper burial; and e) protect voting rights for Native Americans.

References:

Roupe, P and Tippeconnic III, J.W., 1987, Leadership Characteristic: A Comparison of

Junior High School Students, Vol. 26 (3), Journal of American Indian Education.

Eguiruren, A.R., 2000, Legalized Racism: Federal Indian Policy and the End of Equal

Rights of All Americans, Earth Books: Baltimore, MD

Rand, A., 1963, Racism, The Objectivist Newsletter.