Land/Jurisdiction

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On Improving Tribal-Corporate Relations In The Mining Sector: A White Paper on Strategies for Both Sides of the Table

On Improving Tribal-Corporate Relations In The Mining Sector: A White Paper on Strategies for Both Sides of the Table

Mining everywhere is inherently controversial. By its very nature, it poses hard economic, environmental, and social tradeoffs. Depending on the nature of the resource and its location, to greater or lesser degrees, the mining process necessarily disturbs environments, alters landscapes, and…

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Rethinking Rewriting: Tribal Constitutional Amendment and Reform

Rethinking Rewriting: Tribal Constitutional Amendment and Reform

This essay examines the recent wave of American Indian tribal constitutional change through the framework of subnational constitutional theory. When tribes rewrite their constitutions, they not only address internal tribal questions and communicate tribal values, but also engage with other…

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Tribal Nations and the United States: An Introduction

Tribal Nations and the United States: An Introduction

Tens of millions of Indigenous peoples inhabited North America, and governed their complex societies, long before European governments sent explorers to seize lands and resources from the continent and its inhabitants. These foreign European governments interacted with tribes in diplomacy, commerce…

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Tribal Code Development Checklist for Implementation of Special Domestic Violence Criminal Jurisdiction

Tribal Code Development Checklist for Implementation of Special Domestic Violence Criminal Jurisdiction

This checklist (click to download) is designed as a tool to assist tribal governments seeking to develop tribal codes that implement special domestic violence criminal jurisdiction (SDVCJ) under section 904 of VAWA 2013. Tribal governments will likely be amending existing criminal codes, and every…

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Indian Tribes and Human Rights Accountability

Indian Tribes and Human Rights Accountability

In Indian country, the expansion of self-governance, the growth of the gaming industry, and the increasing interdependence of Indian and non-Indian communities have intensified concern about the possible abuse of power by tribal governments. As tribes gain greater political and economic clout on…

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Indigenous Traditional Ecological Knowledge in Agroforestry

Indigenous Traditional Ecological Knowledge in Agroforestry

Communities around the world have practiced diverse and evolving forms of agroforestry for centuries. While both Indigenous and non-Indigenous practitioners have developed agroforestry practices of great value, in this publication, we focus on the role of Indigenous, traditional ecological…

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Resource Center for Implementing Tribal Provisions of the Violence Against Women Act (VAWA): Webinars

Resource Center for Implementing Tribal Provisions of the Violence Against Women Act (VAWA): Webinars

The Intertribal Technical-Assistance Working Group on Special Domestic Violence Criminal Jurisdiction (ITWG) has participated in a series of webinars focused on defendants' rights issues (including indigent counsel); the fair cross section requirement and jury pool selection; prosecution skills;…

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Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law)

Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law)

In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The plaintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it…

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Courts & Peacemaking in the Navajo Nation: A Public Guide

Courts & Peacemaking in the Navajo Nation: A Public Guide

The history of our judiciary begins in our ancient history. According to the Journey Narrative, the People journeyed through four worlds and, in the course of their journey, came upon many problems both natural and caused by the People, which had to be resolved before the journey…

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Strategies for Creating Offender Reentry Programs in Indian Country

Strategies for Creating Offender Reentry Programs in Indian Country

Weed and Seed, a community-based strategy sponsored by DOJ, is an innovative, comprehensive, multi-agency approach to law enforcement, crime prevention, and community revitalization. The strategy aims to prevent, control, and reduce violent crime, drug abuse, and gang activity in designated high-…

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The United Nations Declaration on the Rights of Indigenous Peoples: With an Introduction for Indigenous Leaders in the United States

The United Nations Declaration on the Rights of Indigenous Peoples: With an Introduction for Indigenous Leaders in the United States

On September 13, 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples, affirming that indigenous peoples are equal to all other peoples and have the right to self-determination, along with an array of related rights, including rights to traditional…

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Exercising Sovereignty and Expanding Economic Opportunity Through Tribal Land Management

Exercising Sovereignty and Expanding Economic Opportunity Through Tribal Land Management

While the United States faces one of the most significant housing crises in the nation’s history, many forget that Indian housing has been in crisis for generations. This report seeks to take some important steps toward a future where safe, affordable, and decent housing is available to Native…

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Declaration of Tsawwassen Identity & Nationhood

Declaration of Tsawwassen Identity & Nationhood

We are Tsawwassen People "People facing the sea", descendants of our ancestors who exercised sovereign authority over our land for thousands of years. Tsawwassen People were governed under the advice and guidance of leaders, highborn women, headmen, and speakers through countless generations...

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Journey to Economic Independence: B.C. First Nations' Perspectives

Journey to Economic Independence: B.C. First Nations' Perspectives

There are two approaches to economic development being pursued by the participant First Nations. One is creation of an economy through support for local entrepreneurs and the development of their individual enterprises (i.e. Westbank First Nation). The other is creation of an economy through…

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The situation of indigenous peoples in the United States of America

The situation of indigenous peoples in the United States of America

In this report, the United Nations Special Rapporteur on the rights of indigenous peoples examines the human rights situation of indigenous peoples in the United States, on the basis of research and information gathered, including during a visit to the country from 23 April to 4 May 2012. During…

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First Nations Economic Development: The Meadow Lake Tribal Council

First Nations Economic Development: The Meadow Lake Tribal Council

A new approach to economic development is emerging among the First Nations in Canada. This approach emphasizes the creation of profitable businesses competing in the global economy. These businesses are expected to help First Nations achieve their broader objectives that include: (i) greater…

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Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State: The Lac du Flambeau Ojibwe

Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State: The Lac du Flambeau Ojibwe

The interaction between American Indian activism and changes in federal Indian policy since the 1960s has transformed American Indian tribes from largely powerless and impoverished kinship‐based communities into neocolonial statelike entities (Wilkinson 2005).1 Representing themselves as distinct…

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A Roadmap For Making Native America Safer: Report To The President And Congress Of The United States

A Roadmap For Making Native America Safer: Report To The President And Congress Of The United States

A Roadmap for Making Native America Safer (Roadmap) provides a path to make Native American and Alaska Native communities safer and more just for all U.S. citizens and to reduce unacceptably high rates of violent crime rates in Indian country. The Roadmap is the culmination of hearings,…

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A Guide to Community Engagement

A Guide to Community Engagement

In this third part of the BCAFN Governance Toolkit: A Guide to Nation Building, we explore the complex and often controversial subject of governance reform in our communities and ways to approach community engagement. The Governance Toolkit is intended as a resource for First Nations leadership. It…

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Oneida Tribe of Indians of Wisconsin: Food Sovereignty, Safe Water, and Tribal Law

Oneida Tribe of Indians of Wisconsin: Food Sovereignty, Safe Water, and Tribal Law

An example of a Native American community working to achieve food sovereignty not only with physical nutrients but also with social elements is the Oneida Tribe of Indians of Wisconsin. This article analyzes the strengths of the Oneida Tribe's approach to preserving water quality and fishing…