WHY SHOULD ANYONE CARE ABOUT THE TRIBAL CODE?

This morning I was asked why anyone should care about the Tribal Code, and why I care. The answers are both simple and complex.

The reason everyone should care about the Tribal Code is simple, until the Tribal Code is enforced equally for all, justice for all will continue to be a myth. As long an average person has to come into court to face a parking ticket for parking on Highway 18 to run into the Post Office and an elected or appointed official can freely violate the same Tribal Code, justice will continue to be a dream.

There is a story about a long journey, food and water became scarce. Among the people on the journey, a few wanted to impress the leader, these people collected all of the food and water they could find and presented it to the leader. The leader, like everyone else, was hungry, and thirsty, but as a good leader and to the shock of those who sought to impress the leader, the food was given to the sick and weak. The next day they came upon food and water for all, but the memory of the leader's actions were told for generations to come.

Another leader was on a similar journey, food and water were scarce, he demanded food and water be collected and given to himself, and other leaders. As night fell the people removed the leaders and found leaders who believed it was better to serve than be served, and all of the people prospered.

The moral of the stories are simple, those who believe themselves to be better than those they lead are soon forgotten. Those who know it is better than to serve, than to be served, honor both their ancestors and those yet to come. Those who demand to be treated with honor and given the first, and best, embarrass themselves and their ancestors and sooner or later they receive what they deserve.

In modern eras, the calling is the same, but the risks of not doing what is right can result in serious civil penalties, and long terms in Federal prisons. Like most State and Local governments, funding for many Tribal programs comes from the Federal Government. Federal funding is not free, it comes with rules, regulations and civil and criminal penalties if the money is not spent as required. A suit to recover funds that were not spent in accordance to Federal laws or regulations is called a Qui Tam suit (Title 31 United States Code Section 3729, et seq. popularly known as the Federal False Claims Act).

Losing large amounts of money due to misdeeds is something most people do not enjoy, but losing money is not the worst part. If an officer or an official of any government entity, Tribal, State or Local Government is aware Federal funds are being spent in a manner that is not authorized by law they can be held responsible not only for the entire amount of the money and a penalty of three times the amount, and attorney fees and costs, but they can also be sent to Federal prison for up to ten years.

Should the Federal Government be able to penalize people who misuse Federal funds? Absolutely, but the Oglala Sioux Tribe has the top position because misusing funds meant for programs, any programs hurts members of the Oglala Sioux Tribe and the members, ancestors, and those yet to come deserve justice. And justice can only be accomplished in a fair, honest and impartial trial on Pine Ridge, and Federal Court is in Rapid City and Rapid City is not on Pine Ridge.

Want justice? Demand Sovereignty! Want to stop shortages of funding for food, heat and medical care? Read the Treaties, and the Tribal Code and demand justice. What would happen if all elected and appointed officers and officials, Judges, Prosecutors, President, Tribal Council, had to take a test on the Tribal Code, and the O.S.T. Constitution. What would happen if the test included a promise that the Code would be enforced exactly as written? And those who failed the test did not receive a paycheck until they passed? How many would need to file for unemployment? Better yet, to be fair, who has a current copy? It is an undisputed fact that the Supreme Court does not have a current copy. Who else needs a copy?

What if the President, Prosecutors and Tribal Council read the Code, Really read the Code, and they read the O.S.T. Constitution, and what if they really read the Treaty of 1868 and someone noticed Article 6 of the 1868 Treaty states "any Indian ... shall thereby and from thenceforth become and be a citizen of the United States, and be entitled to all the privileges and immunities of such citizens, and shall, at the same time, retain all his rights to benefits accruing to Indians under this treaty."And someone read this and realized members of the Oglala Sioux Tribe have more, not less, rights than other Americans and the Oglala Sioux Tribe demanded enforcement of the rights under the Treaty and the U.S. Constitution.

Oh, and the reason I care is simple, it is summed up in the motto of the Native American Heritage Initiative "The quest for Social Justice is not a cause, it is the basic element of life. Those who yield to the tyranny of a superior sovereign and fail to stand for that which is right, and just today are doomed to suffer tomorrow as the horror of their inaction bears fruit." To me this is simple, and it is as true today as when I wrote the Native American Heritage Initiative's policy statement almost 20 year ago.

Years ago I was told there are three ways to decide anything that is legal, ethical, or moral, either you stand for what is right, stand for what is wrong, or take no position. But for the three choices there are only two results, if you stand for what is right, you are right, stand for what is wrong, you are wrong, take no position and you are wrong because you failed to do that which was right. The choice is clear.

Next week, The Need for Judicial Reform, Now or Never.

Charles Yow