Laws and Codes

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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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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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Redefining Tigua Citizenship

Redefining Tigua Citizenship

The materials in this informational guide are designed to provide you with important background information ”such as Tigua history, tribal population profiles, and fiscal impacts” related to upcoming membership criteria changes. Project Tiwahu is an Ysleta del Sur Pueblo-wide initiative to reclaim…

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The Gitanyow Ayookxw: The Constitution of the Gitanyow Nation

The Gitanyow Ayookxw: The Constitution of the Gitanyow Nation

WE are the Gitanyow peoples. We have a long-standing and rich oral tradition which speaks to all aspects of our lives. This written Constitution must be interpreted and understood in the context of our oral history and oral traditions... THEREFORE, by virtue of our inherent right to govern…

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Diné Food Sovereignty - A Report on the Navajo Nation Food System and the Case to Rebuild a Self Sufficient Food System for the Diné People

Diné Food Sovereignty: A Report on the Navajo Nation Food System and the Case to Rebuild a Self Sufficient Food System for the Diné People

In the most basic analysis, food is an essential component of human life. Food nourishes and sustains us; without adequate access to food, human beings cannot survive. As a basic necessity for life, food is interconnected with every sector of life and wellbeing including health (physical, mental,…

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What Does Indigenous Participatory Democracy Look Like? Kahnawà:Ke's Community Decision Making Process

What Does Indigenous Participatory Democracy Look Like? Kahnawà:Ke's Community Decision Making Process

With the 1979 Community Mandate to move towards Traditional Government, the community of Kahnawà:ke has consistently requested more involvement in decision-making on issues that affect the community as a whole. The Kahnawà:ke Community Decision Making Process is a response to the community's call…

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Navajo Peacemaking Guide

Navajo Peacemaking Guide

The concept of peacemaking or Hózhoji K’e Náhóodleel goes back to the beginning of time and is embedded in the journey narrative. In fact, according to the journey narrative, the Holy People journeyed through four worlds. In the course of their journey, they came upon many problems, which were…

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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 continued. The…

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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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Considerations in Implementing VAWA’s Special Domestic Violence Criminal Jurisdiction and TLOA’s Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe

Considerations in Implementing VAWA's Special Domestic Violence Criminal Jurisdiction and TLOA's Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe

On February 20, 2014, pursuant to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), the Pascua Yaqui Tribe was one of only three Tribes across the United States to begin exercising Special Domestic Violence Criminal Jurisdiction (SDVCJ) over non-Indian perpetrators of domestic…

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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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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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In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts

In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts

Although the doctrine of tribal sovereign immunity was recently upheld by the Supreme Court in Michigan v. Bay Mills Indian Community, its existence continues to be attacked as antiquated and leading to unfair results. While most defenses of tribal sovereign immunity focus on how the doctrine is a…

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Crime-Reduction Best Practices Handbook: Making Indian Communities Safe

Crime-Reduction Best Practices Handbook: Making Indian Communities Safe

In 2009, the Secretary of the Interior and the Assistant Secretary-Indian Affairs established a High Priority Performance Goal (HPPG) to reduce violent crime by a combined 5% within 24 months on targeted tribal reservations. The selected reservations were Rocky Boy’s (Montana), Mescalero (New…

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A Restatement of the Common Law of the Grand Traverse Band of Ottawa and Chippewa Indians

A Restatement of the Common Law of the Grand Traverse Band of Ottawa and Chippewa Indians

From 1872 until 1980 the United States government continually refused to recognize the sovereign status of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). For example, citizens of the Grand Traverse Band unsuccessfully attempted to regain this government-to-government relationship in…

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An Introduction to Indian Nations in the United States

An Introduction to Indian Nations in the United States

There are 562 federally recognized Indian Nations (variously called tribes, nations, bands, pueblos, communities, rancherias and native villages) in the United States. Approximately 229 of these ethnically, culturally and linguistically diverse nations are located in Alaska; the rest are located in…

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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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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…

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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, meetings,…

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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…