Indigenous Governance Database
Laws and Codes
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…
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…
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,…
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…
Pokagon Band of Potawatomi Indians: Elders Council Code
The Elders Council shall be organized for the purpose of: A. Providing guidance for the membership, Tribal Council, Judiciary, Executive, and Legislative branches of the Pokagon Band government on matters relative to history, traditions, and culture. B. Recommending to the Tribal Council goals and…
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…
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,…
First Nation Constitutions
A constitution is a solid foundation for First Nations to move ahead in self-government and in nation-building activities. Your constitution will be specific to your community. It should address your community's sense of itself, how you are governed, how the membership has input into governance,…
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…
Navajo Nation Constitutional Feasibility and Government Reform Project
This paper will review three important elements related to the constitutional feasibility and government reform of the Navajo Nation. The first section will outline the foundational principles related to constitutionalism and ask whether constitionalism and the nation-state are appropriate…
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...
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…
Peacemaking and Conflict Resolution: A List of Resources
The Native American Rights Fund's National Indian Law Library provides a comprehensive list of relevant news stories and academic articles on the peacemaking mechanisms and conflict resolution approaches of Native nations.
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…
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…
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 kinshipâ€based communities into neocolonial statelike entities (Wilkinson 2005).1 Representing themselves as distinct…
Pacific Northwest Salmon Habitat: The Culvert Cases and the Power of Treaties
American Indian tribes in the Pacific Northwest signed treaties with the federal government in the 1850's that preserved their right to fish in their "usual and accustomed" fishing grounds. The tribes have had to continually fight to have this right recognized. U.S. v. Washington, 1974, the Boldt…
Best Practices Case Study (Expansion of Jurisdiction): Tsawwassen First Nation
Tsawwassen First Nation (TFN) is located in the Metro-Vancouver area of British Columbia. In 2007, following 14 years of negotiations, TFN signed a treaty with Canada and B.C. It was the first treaty reached under the BC Treaty Commission (BCTC) process and the first urban treaty. The Effective…
Best Practices Case Study (Rule of Law): Nisga'a Nation
Nisga'a Nation, comprised of four communities; New Aiyansh, Gitwinksihlkw, Laxgalt'sap, and Gingolx, is located in northwestern B.C. In the 1890s, Nisga'a hereditary chiefs and matriarchs formed the Nisga'a Land Committee and began to aggressively pursue self-government and title to their lands.…
A Human Resource Capacity Tool for First Nations
This tool was developed by the British Columbia Treaty Commission (BCTC) to assist BC First Nations who are working through the treaty process with their Human Resource (HR) planning. It responds to a growing need for a practical, efficient tool for First Nations with diverse sets of priorities,…