A Legacy of Disparity: The Ongoing Fight for Tribal Citizenship
Tribal citizens descended from enslaved people are increasingly gaining access to Native American health care, education, and social services, but significant barriers to full and equitable inclusion remain. Recent federal reforms and tribal clarifications are opening doors, yet a “chilling effect” persists, preventing many from seeking benefits they are entitled to, according to activists and a recent Government Accountability Office (GAO) report.
The Historical Context: Treaties and Broken Promises
Following the Civil War, the Cherokee, Seminole, Muscogee (Creek), Chickasaw, and Choctaw nations – all of which had practiced slavery – signed treaties with the U.S. Government. These treaties abolished slavery and guaranteed citizenship to the formerly enslaved, known as Freedmen, and their descendants. Despite these promises, full recognition and equal rights have been elusive for generations.
Uneven Access to Citizenship and Benefits
Currently, the landscape of Freedmen citizenship varies significantly across the five tribes. The Cherokee Nation extends full citizenship to Freedmen descendants equal to those with documented Native American ancestry. The Seminole Nation allows descendants to vote and participate in the general council, but restricts access to certain benefits. However, Freedmen descendants of the Muscogee, Chickasaw, and Choctaw nations are currently denied tribal citizenship altogether.
Even where citizenship is granted, challenges persist. The GAO report revealed instances of Freedmen descendants being asked for proof of “Indian blood” when applying for aid, a practice that undermines the treaties and perpetuates discrimination.
The Impact of the COVID-19 Pandemic
The COVID-19 pandemic brought these disparities into sharp focus. Marilyn Vann, president of the Descendants of Freedmen of the Five Tribes Association, highlighted cases where Freedmen descendants were denied vaccines and financial aid during the height of the crisis, exposing the ongoing unequal treatment.
Recent Progress and Remaining Obstacles
Federal agencies, including the U.S. Bureau of Indian Education, have issued clarifications regarding eligibility for programs, stating that tribal enrollment cards are sufficient proof of citizenship. The Indian Health Service has also clarified that Freedmen descendants need only prove tribal citizenship to receive care. However, implementation of these changes remains inconsistent.
The Muscogee Nation Supreme Court recently struck down a “by blood” requirement for citizenship, potentially opening the door for Freedmen descendants to enroll. However, the tribe’s national council must still adopt new laws and consider constitutional amendments before this can occur.
Specific Tribal Challenges
Seminole Nation: Restricted Access to Funding
The Seminole Nation excludes Freedmen descendants from federally funded programs through technicalities. For example, eligibility for elder assistance, college scholarships, and burial stipends requires a Certificate of Degree of Indian Blood and descent from the Seminole Nation as it existed in 1823 – effectively excluding those recognized as “Black Seminoles” later.
Choctaw and Chickasaw Nations: Complete Disenfranchisement
Freedmen descendants in the Choctaw and Chickasaw nations currently have no access to tribal services, including healthcare, education, and housing.
A “Chilling Effect” and the Pursuit of Justice
John Beecham, a Cherokee Nation citizen and Freedmen descendant, experienced firsthand the barriers to accessing education. He was asked for proof of “Indian blood” when applying to Haskell Indian Nations University, despite providing his enrollment card. While he ultimately chose not to reapply, the experience left him feeling unfairly treated.
Mark McClain, also a Cherokee Nation citizen and Freedmen descendant, conducted an audit of Indian Health Service clinics and found that six clinics initially requested proof of “Indian blood” before providing care. After advocating for himself, he is now served by the Kickapoo Tribal Health Center.
LeEtta Osborne-Sampson, representing the Seminole Freedmen bands on the tribe’s general council, emphasized the need for the Seminole Nation to recognize the contributions and needs of its Freedmen descendants, many of whom live in poverty.
FAQ
Q: What is a Freedmen descendant?
A: A Freedmen descendant is a citizen of one of the five tribes (Cherokee, Seminole, Muscogee, Chickasaw, and Choctaw) who is descended from enslaved people formerly held by those tribes.
Q: Are all Freedmen descendants recognized as tribal citizens?
A: No. Recognition varies by tribe. The Cherokee Nation offers full citizenship, the Seminole Nation offers partial citizenship, and the Muscogee, Chickasaw, and Choctaw nations currently deny citizenship.
Q: What is the role of the federal government in this issue?
A: The federal government signed treaties guaranteeing citizenship to Freedmen and their descendants. Federal agencies are also working to clarify eligibility requirements for programs and provide training to tribal staff.
Q: What can be done to address these disparities?
A: Continued advocacy, enforcement of treaty rights, and consistent implementation of federal clarifications are crucial steps.
Did you realize? The Cherokee Nation is the only one of the five tribes to currently extend full citizenship rights to Freedmen descendants.
Pro Tip: If you are a Freedmen descendant facing barriers to accessing tribal services, contact the Descendants of Freedmen of the Five Tribes Association for assistance, and resources.
Learn more about the history of slavery in Native American tribes here.
Share your thoughts on this crucial issue in the comments below. What steps do you think should be taken to ensure equal rights for Freedmen descendants?
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