Indigenous Governance Database
Other Papers & Reports
Creating a Climate of Support for Aboriginal Entrepreneurs
Three First Nations communities formed a partnership with SFU to investigate ways to create a supportive environment for Aboriginal entrepreneurs. This project followed the Western Diversification/Simon Fraser University study (2001) on the information and service needs of Aboriginal entrepreneurs…
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…
An Essay on the Federal Origins of Disenrollment
Disenrollment is not indigenous to Native America. It is a creature of the United States. The origins of disenrollment are traced to the United States’ paternalistic assimilation policies of the 1930s. In 1934 the U.S. Congress passed the Indian Reorganization Act (“IRA”), wherein the federal…
Exercising Sovereignty and Expanding Economic Opportunity Through Tribal Land Management
While the United States faces one of the most significant housing crises in the nation’s history, many forget that Indian housing has been in crisis for generations. This report seeks to take some important steps toward a future where safe, affordable, and decent housing is available to Native…
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 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,…
Improving Indigenous community governance through strengthening Indigenous and government organisational capacity
Strengthening the organisational capacity of both Indigenous and government organisations is critical to raising the health, wellbeing and prosperity of Indigenous Australian communities. Improving the governance processes of Indigenous organisations is likely to require strengthening of Indigenous…
Securing Our Futures
NCAI is releasing a Securing Our Futures report in conjunction with the 2013 State of Indian Nations. This report shows areas where tribes are exercising their sovereignty right now, diversifying their revenue base, and bringing economic success to their nations and surrounding communities. The…
Sovereignty Under Arrest? Public Law 280 and Its Discontents
Law enforcement in Indian Country has been characterized as a maze of injustice, one in which offenders too easily escape and victims are too easily lost (Amnesty International, 2007). Tribal, state, and federal governments have recently sought to amend this through the passage of the Tribal Law…
What Determines Indian Economic Success? Evidence from Tribal and Individual Indian Enterprises
Prior analysis of American Indian nations' unemployment, poverty, and growth rates indicates that poverty in Indian Country is a problem of institutions particularly political institutions, not a problem of economics per se. Using unique data on Indian-owned enterprises, this paper sheds light on…
Tribal Economic Development: Nuts & Bolts
Tribal economic development is a product of the need for Indian tribes to generate revenue in order to pay for the provision of governmental services. Unlike the federal government or states, Indian tribes – in general – have no viable tax base from which to generate revenues sufficient to…
Tribal experience with children's accounts
“Accounts at birth” is an important idea at the frontier of savings and asset-building policy. How to make them effective is an important topic for research. This paper presents ideas and initial findings from the experience of American Indian nations–America's first asset-builders–with such…
From Gove to Governance: Reshaping Indigenous Governance in the Northern Territory
This paper attempts to identify the key challenges facing Indigenous people and governments in reshaping the architecture of Indigenous governance in the Northern Territory of Australia, and considers some strategic options for a way forward. First, a brief historical background is provided to…
Like An Ill-Fitting Boot: Government, Governance and Management Systems in the Contemporary Indian Act
Few people are satisfied with the Indian Act, but no one will deny its importance. For the individuals to whom it applies, the Act is a basic and specific constitutional document. It defines their rights and entitlements, their citizenship and their relationship to the federal and provincial…
The Indian Act and the Future of the Aboriginal Governance in Canada
The Indian Act is no longer an uncontestable part of the Aboriginal landscape in Canada. For decades, this controversial and intrusive piece of federal legislation governed almost all aspects of Aboriginal life, from the nature of band governance and land tenure systems to…
The Structure of the Indian Act: Accountability in Governance
The Indian Act has been criticized for giving the Chief and Council too little power to make their own decisions. The Royal Commission on Aboriginal Peoples counted nearly 90 provisions that give the Minister of Indian Affairs powers over the Band and Band Council. But the Indian Act…
The Governance and Fiscal Environment of First Nations' Fiscal Intergovernmental Relations in Comparative Perspectives
This paper examines the Canadian Aboriginal fiscal inter-governmental system by comparing it to other countries, and also focuses on the key characteristics of the Canadian system. Over the last 20 years governments have decentralized power and responsibilities in response to an…
Seven Generations, Seven Teachings: Ending the Indian Act
Six generations have passed since the Indian Act was introduced and the seventh generation, now rising, will be healthier and our communities will enjoy more freedom if we assist them in getting rid of the Indian Act. Communities and the next generation can overcome the Indian Act’s hold over all…
The Jurisdiction of Inherent Right Aboriginal Governments
Since the recognition of Aboriginal and treaty rights in Canada by section 35(1) of the Constitution Act, 1982, the inherent right of the Aboriginal peoples to govern themselves has become a generally accepted aspect of Canadian constitutional law. But what is the scope of the…
The Crown's Constitutional Duty to Consult and Accomodate Aboriginal and Treaty Rights
The Crown’s duty to consult and accommodate Aboriginal and treaty rights is a fundamental matter of social justice that invokes very solemn legal obligations. Reconciliation and win-win situations can be achieved with good faith negotiations if the federal and provincial Crown immediately…