Bill of rights

PURPOSE

Define the rights of individuals and the community in relation to the tribal government.

EXAMPLES

Blackfeet Tribe (1998)

Section 1. Suffrage - Any member of the Blackfeet Tribe, eighteen (18) years of age or over, shall be eligible to vote at any election when he or she presents himself or herself at a polling place within his or her voting district.

Section 2. Economic Rights - All members of the tribe shall be accorded equal opportunities to participate in the economic resources and activities of the reservation.

Section 3. Civil Liberties - All members of the tribe may enjoy without hindrance freedom of worship, conscience, speech, press, assembly, and association.

Section 4. Rights of Accused - Any member of the Blackfeet Tribe accused of any offense shall have the right to a bond, open and public hearing, with due notice of the offense charged, and shall be permitted to summon witnesses on his own behalf...

Cherokee Nation (1976)

Section 1. The judicial process of the Cherokee Nation shall be open to every member of the Cherokee Nation. Speedy and certain remedy shall be afforded under the terms of this Constitution for every wrong and injury to person, property or reputation wherein said remedy does not conflict with the laws of the United States. The Council shall prescribe the procedures pertinent thereto. The appropriate protections guaranteed by the Indian Civil Rights Act of 1968 shall apply to all members of the Cherokee Nation.

Sisseton-Wahpeton Oyate Nation (1980)

The members of the tribe shall continue undisturbed in their religious beliefs and nothing in this Revised Constitution and Bylaws will authorize either the tribal council or the general council to interfere with these traditional religious practices according to their custom.

Choctaw Nation (1983)

Section 1. Nothing in this Constitution shall be interpreted in a way which would diminish the rights and privileges that tribal members have as citizens of this Nation, the State of Oklahoma, the United States of America or under any Act of the Congress of the United States.

Section 2. No religious test shall ever be required as a qualification to any office of public trust in this Nation.

Section 3. The right that every member has to speak, write or publish his opinions on matters relating to the Choctaw Nation shall never be abridged.

Section 4. The members shall have the right, in a peaceable manner, to assemble together for their common good, and to apply to those vested with powers of government for redress of grievances or other purposes by address or remonstrance.

Section 5. The individually vested property rights of members of the Choctaw Nation of Oklahoma shall not be affected in anyway whatsoever by the provisions of this Constitution or any enactment of the Tribal Council.

St. Regis Mohawk (1995)

Community Rights. The following are declared to be rights of the Mohawk Community which may be enforced by the Mohawk tribal government or Mohawk citizens: a) The right to a clean and safe environment; b) The right to preserve and enjoy Mohawk culture, history, heritage and language; c) This Constitution will not alter any rights claimed under the Great Law of Peace.

KEY CONCEPTS

Incorporate cultural values regarding individuals and the community

POINTS TO CONSIDER

• Protection against arbitrary search or entry

• Rights of expression, assembly, and association

• Protection against discrimination