Indigenous Resources
United Nations: Declaration on the Rights of Indigenous Peoples
- The Declaration is a comprehensive statement addressing the human rights of indigenous peoples. It was drafted and formally debated for over twenty years prior to being adopted by the General Assembly on 13 September 2007. The document emphasizes the rights of indigenous peoples to live in dignity, to maintain and strengthen their own institutions, cultures and traditions and to pursue their self-determined development, in keeping with their own needs and aspirations.
Canada
First Nations Consultation & Aboriginal Title:
- Unlike in the United States, the Indigenous peoples of Canada — First Nations — have been afforded some greater rights under the country’s constitution and its interpretation by its Supreme Court, relative to the U.S., in the form of relatively more meaningful consultation with the government over how their lands may be accessed or utilized, compared to how Native American Tribal Nations are consulted by the U.S. government. Still, Canada has not fully implemented requirements laid out in the UN Declaration on the Rights of Indigenous Peoples.
- The concept of “Aboriginal Title” to lands in so-called Canada has been established by Supreme Court precedents after various First Nations filed suit seeking true free, prior, and informed consent for development projects like pipelines.
United States
Indigenous Free, Prior & Informed Consent; Consultation & Environmental Justice:
- Free, Prior and Informed Consent (FPIC) is a specific right that pertains to Indigenous peoples and is recognized in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It allows them to give or withhold consent to a project that may affect them or their territories. Once they have given their consent, they can withdraw it at any stage. Furthermore, FPIC enables them to negotiate the conditions under which the project will be designed, implemented, monitored and evaluated. This is also embedded within the universal right to self-determination. [source]
- Tribal Consultation
- (U.S. State Department): “The United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes.”
- Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships
(Pres. Joe Biden, January 26, 2021)- “American Indian and Alaska Native Tribal Nations are sovereign governments recognized under the Constitution of the United States, treaties, statutes, Executive Orders, and court decisions. It is a priority of my Administration to make respect for Tribal sovereignty and self-governance, commitment to fulfilling Federal trust and treaty responsibilities to Tribal Nations, and regular, meaningful, and robust consultation with Tribal Nations cornerstones of Federal Indian policy. The United States has made solemn promises to Tribal Nations for more than two centuries. Honoring those commitments is particularly vital now, as our Nation faces crises related to health, the economy, racial justice, and climate change — all of which disproportionately harm Native Americans. History demonstrates that we best serve Native American people when Tribal governments are empowered to lead their communities, and when Federal officials speak with and listen to Tribal leaders in formulating Federal policy that affects Tribal Nations.“
- White House Tribal Nations Conference Progress Report: A Renewed Era of Federal-Tribal Relations (2017)
White House Tribal Nations Conference Progress Report: A Renewed Era of Federal-Tribal Relations (2017) - Presidential Memorandum on Tribal Consultation (Pres. Barack Obama, November 5, 2009)
- President George W. Bush Executive Memorandum: “Government-to-Government Relationship with Tribal Governments” (September 2004)
- President Bill Clinton Executive Order 13175: “Consultation & Coordination with Indian Tribal Government” (November 2000)
Executive Order 13175: Consultation and Coordination With Indian Tribal Governments (November 2000) - Sample Tribal Consultation Correspondence, Keystone XL Pipeline (U.S. Dept. of Interior, 2016)
Sample Tribal Meetings Consultation Dept. of Interior Correspondence 2016
United Nations: Statement on Standing Rock Protests (Aug. 31, 2016)
Statement from Mr. Alvaro Pop Ac, Chair of the Permanent Forum on Indigenous Issues, and Ms. Dalee Dorough and Chief Edward John, Members of the Permanent Forum on Indigenous Issues on the Protests on the Dakota Access Pipeline (North Dakota, USA).
Statement from Mr. Alvaro Pop Ac, Chair of the Permanent Forum on Indigenous Issues, and Ms. Dalee Dorough and Chief Edward John, Members of the Permanent Forum on Indigenous Issues on the Protests on the Dakota Access Pipeline
Great Plains Tribal Chairman’s Association: Resolution: Opposition to Keystone XL Pipeline (September 2011)
Great Plains Tribal Chairman's Association: Resolution: Opposition to Keystone XL Pipeline (September 2011)
Memo from Oglala Sioux Tribe re: Keystone XL Pipeline (2014)
Memo from Oglala Sioux Tribe re: Keystone XL Pipeline (2014)
Tribal and Treaty Rights Impacted by the Proposed Keystone XL Tar Sands Pipeline
The Keystone XL tar sands pipeline’s proposed route violates basic tenets of Federal Indian Law and South Dakota law. The pipeline would infringe upon treaty-protected lands and waters, especially in the Great Plains. TransCanada has also failed to properly consult with tribal leaders — as representatives of government units — on plans for the pipeline’s construction which is a requirement of South Dakota pipeline permitting law. The federal government, as trustee for the tribes, has a duty to ensure that tribal resources of land and water are protected from encroachment and pollution.
Tribal and Treaty Rights Impacted by the Proposed Keystone XL Tar Sands Pipeline
Fact Sheet: Treaty Rights and Pipelines: What you need to know (Honor the Earth, 2016)
Honor the Earth Fact Sheet: PIPELINES AND TREATY RIGHTS
