Indigenous Governance Database
Justice Systems
UA Institute Helps Native Nations Rebuild, Maintain Government
An institute at the University of Arizona is focused on rebuilding government structures in Native nations by research and outreach offered through online courses and more. The UA Native Nations Institute has been working toward its goal of helping the Native governments for nearly 30 years,…
Videos: White Earth Nation Constitutional Reform
As part of its ongoing process of educating the White Earth people and others about White Earth's proposed new constitution, White Earth Nation's Constitutional Education Team produced several videos for White Earth citizens to view in order to gain a better understanding of the key governance…
The Rez We Live On
The Confederated Salish and Kootenai Tribes produced this series of online videos in an effort to dispel untruths about life on the Flathead reservation in Montana. Consisting of 10 short, graphically based videos on topics ranging from Sovereignty to Taxes, "The Rez We Live On" site is geared…
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…
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…
Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook
This Guidebook is based on the belief that Aboriginal peoples need to know, and work with, the systems that impact children and families today such as the Child, Family and Community Service Act (CFCSA), Provincial Court (Child, Family and Community Service Act) Rules (Rules), Child, Family and…
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…
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…
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…
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 continued. The…
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…
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 exposure…
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…
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…
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…