Indigenous Governance Database
Laws and Codes
Native Report: Caricieri Decision
Native Report tackles the Caricieri Decision, a complex legal ruling that touches on issues of sovereignty, Indian gaming and the placement of tribal lands into "trust status."
Tribal Nations - The Story of Federal Indian Law
"Tribal Nations - The Story of Federal Indian Law" and discusses how the U.S. Supreme Court has handled Indian sovereignty over the past 50 years.
The Integration of Customary Law into the Australian Legal System
The theme of my address this morning emphasizes the important role that Indigenous people have, to take charge of our own destinies. The maintenance and integration of Aboriginal customary law is an essential part of this. It cannot be repeated often enough that a legal system must reflect the…
Culture and Law: Preliminary Findings in a Review of 100+ Tribal Welfare Codes
Over the last 35 years numerous tribes have created their own child welfare standards. By crafting child welfare codes that balance traditional culture and contemporary needs, tribes both protect member children (and their families) in culturally appropriate ways and reaffirm their sovereign…
Traditional Governance and Constitution Making among the Gitanyow
This paper is a report on traditional governance and constitution making among the Gitanyow people prepared for the Gitanyow and for the First Nations Governance Centre. The Gitanyow are well along in the development of a national constitution based on traditional governance, and this paper will…
New Zealand's Constitution: A Report on a Conversation He Kotuinga Korero mo Te Kaupapa Ture o Aotearoa
The appointment of the Constitutional Advisory Panel in August 2011 was another step in a longer and continuing conversation about how to govern the people, land and resources of Aotearoa New Zealand.The Panel was appointed as part of the Consideration of Constitutional Issues, which was agreed to…
Indigenous Governance Toolkit
The Indigenous Governance Toolkit is an online resource developed for Indigenous nations, communities, individuals and organisations searching for information to build their governance. It covers all the basics — your rules, values, culture, membership, leadership, and decision making — and has…
Processes of Native Nationhood: The Indigenous Politics of Self-Government
Over the last three decades, Indigenous peoples in the CANZUS countries (Canada, Australia, New Zealand, and the United States) have been reclaiming self-government as an Indigenous right and practice. In the process, they have been asserting various forms of Indigenous nationhood. This article…
Wolves Have A Constitution: Continuities in Indigenous Self-Government
This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America–and in Australia and New…
Enabling the Data Revolution: An International Open Data Roadmap
Open data in the context of indigenous peoples and communities can be understood as a double-edged sword. On the one hand, open data can help indigenous communities, both internally and externally. Internally, it can be used to inform policy, allocate resources, and set a vision for indigenous…
Ngurra-kurlu: A way of working with Warlpiri people
Ngurra-kurlu is a representation of the five key elements of Warlpiri culture: Land (also called Country), Law, Language, Ceremony, and Skin (also called Kinship). It is a concept that highlights the primary relationships between these elements, while also creating an awareness of their deeper…
Peacemaking Program of the Judicial Branch of the Navajo Nation
The concept of peacemaking or hózh̨óji naat’aah 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 either…
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;…
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…
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…
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…