Oneidas for Democracy

Oneida Nation Legal System

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16Sep

All ordinances and legal code have been constructed by “Oneida Nation” attorneys in secrecy and are changed at will. No territory resident has ever been given copies of these ordinances: there is no public disclosure until the ONP issue tickets or serve summonses for their alleged violation. None of the lawyers who draft these rules are Haudenosaunee or have any working knowledge of Oneida traditions.

The members of the “men’s council” are expressly exempt from the “Oneida Nation” statutes; they cannot be prosecuted in the “Oneida Nation Court” for criminal behavior. In addition, they have full access to the Oneida Nation lawyers and have been offered blanket protection under the guise of Oneida sovereign immunity.

THE INDIAN CIVIL RIGHTS ACT

Indian Civil Rights Act, 25 U.S. C. Section 130(8) (1994) , makes due process requirements application to Native American Nations: “No Indian Tribe in exercising powers of self-government shall…deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law.” This statute applies to the “men’s council” because it is not a Haudenosaunee government and is therefore excluded from protection under the 1794 Treaty of Canandaigua.

Posted on Sunday, Sep 16th 2007

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