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Valuing Tradition: Governance, Cultural Match, and the BC Treaty Process
Self-governance negotiations are an integral part of British Columbia's modern day treaty process. At some treaty tables, impasses have resulted from differences on how to include traditional First Nations governance within treaty. Although some First Nations are determined to pursue traditional…
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…
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…
The Dynamics of Navajo Peacemaking
This article explains the traditional Navajo justice process using social psychology and Navajo discourse. It identifies the nayee or monster (things that get in the way of a successful life) in disputes in light of cognitive dissonance or the state of tension when a person holds two inconsistent…
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…
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…
The Strategic Power of Data: A Key Aspect of Sovereignty
The lack of good data about U.S. American Indian and Alaska Native populations hinders tribes’ development activities, but it also highlights a space for sovereign action. In coming years, tribes will no doubt continue to advocate for better national data and at the same time increasingly implement…
Higher Education & Workforce Development: Leveraging Tribal Investments to Advance Community Goals
The National Congress of American Indians (NCAI) Policy Research Center's 2010 Tribal Research Priorities Survey reported that education and economic development are top research priorities for tribes. Respondents noted their interest in research and resources regarding how to: (1) create jobs and…
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…
Good Food is Power: A collection of traditional foods stories from the Ramah Navajo Community, Standing Rock Sioux Tribe and Tohono O'odham Nation
This report explores the traditional foods movement through the lenses of three traditional foods programs: the Ramah Navajo Community, Standing Rock Sioux Tribe, and Tohono O’odham Nation. These stories were originally gathered by the University of Oklahoma’s American Indian Institute (Wesner,…
An Essay on the Modern Dynamics of Tribal Disenrollment
Disenrollment is predominately about race, and money, and an “individualistic, materialistic attitude” that is not indigenous to tribal communities. Because many tribes have maintained the IRA’s paternalistic and antiquated definition of “Indian” vis-a-vis blood quantum (as discussed in “An Essay…
Tribal Per Capita Poverty - How About Disenrollment Bankruptcy?
“In November, a [Las Vegas] Review-Journal reporter and photographer encountered one of the disenrolled, 52-year-old Darla Hatcher, sleeping with her meager belongings in front of an upholstery shop in the homeless corridor. By way of introduction, she gestured toward nearby tribal land and said…
Sovereignty, Economic Development, and Human Security in Native American Nations
This study explores elements of the sovereignty dynamic in the government-to-government relationship between the United States and Native American nations to assess 1) what benefits Tribal communities glean from this unique relationship; and 2) whether enhanced Tribal sovereignty can enhance…
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…
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…
Attorney General's Advisory Committee on American Indian/Alaska Native Children Exposed to Violence: Ending Violence so Children Can Thrive
This report was created as part of the Defending Childhood Initiative created by Attorney General Eric H. Holder, Jr. This initiative strives to harness resources from across the Department of Justice to: Prevent children's exposure to violence. Mitigate the negative impact of children's…
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;…
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…
Climate Change Adaptation Plan for Akwesasne
The Saint Regis Mohawk Tribe’s (SRMT) Environment Division is investigating the impacts of climate change on the resources, assets, and community of Akwesasne and is developing recommendations for actions to adapt to projected climate change impacts. This plan is a first step in an effort to…
Saint Regis Mohawk Tribe: Climate Change and Adaptation Planning for Haudenosaunee Tribes
Tribes are beginning to identify potential climate change impacts on their cultural and environmental resources and to develop climate change adaptation plans. The Saint Regis Mohawk Tribe, located in New York and Canada, is in the early stages of adaptation planning. The Tribe is bringing together…