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Indigenous Rights

This guide would like to acknowledge that Suffolk University is located on the traditional and ancestral land of the Massachusett, Pawtucket and Naumkeag the original inhabitants of what is now known as Boston and Cambridge. We pay respect to the people of the Massachusett Tribe past and present, we honor the land itself which remains sacred to the Massachusett People.

Overlap of Boston with original tribal peoples

USA Treaty Databases

 

Tribal Treaties Database

The Tribal Treaties Database provides an easy-to-use portal to access treaties, agreements, and other historical documents that have shaped relationships between tribal nations and the United States. These treaties represent pivotal moments in history where rights were negotiated, promises made, and the course of lives and nations forever altered.

 

IDA Treaties Explorer

While treaties between Indigenous peoples and the United States affect virtually every area in the USA, there is as yet no official list of all the treaties. The US National Archives holds 374 of the treaties, where they are known as the Ratified Indian Treaties. Here you can view them for the first time with key historic works that provide context to the agreements made and the histories of our shared lands.

 

List of Native Treaties with the US

The content of this document may be disturbing or distressing. The information in the document is subject to change or revision. 

 

HeinOnline U.S. Treaties and Agreements Library 

Includes both official and unofficial primary treaty resources in addition to helpful guides. Official primary sources include: United States Treaties and Other International Agreements (UST) Vols. 1-35 (1950-1984) Treaties and International Act Series (TIAS) TIAS 11060 to TIAS 12734. Unofficial sources include: International Legal Materials, vols. 1-42 (1962-2003) and agreements and treaties compiled by Bevans, Kavass, Malloy, and Miller. Treaty guides and indexes include: U.S. Dept. of State Treaties in Force (1955-2003) and Kavass Guide to Treaties in Force (1982-2003). Provides search and browse options and PDF.

 

HeinOnline American Indian Law Collection 

With more than 700 unique titles and 350,000 pages dedicated to American Indian Law, the American Indian Law Collection includes an expansive archive of treaties, federal statutes and regulations, federal case law, tribal codes, constitutions, and jurisprudence. This collection also features rare compilations edited by Felix S. Cohen that have never before been accessible online.

 

Indian Affairs: Laws and Treaties by Charles J. Kappler

Compiled and edited by Charles J. Kappler, this historically significant, seven volume compilation contains U.S. treaties, laws and executive orders pertaining to Native American Indian tribes. The volumes cover U.S. Government treaties with Native Americans from 1778-1883 (Volume II) and U.S. laws and executive orders concerning Native Americans from 1871-1970 (Volumes I, III-VII).

 

Native American Law Treaties 

Westlaw's database of full text documents of Native American Indian treaties to which the U.S. government is a party. Native American treaties, as published in Statutes at Large, begin with volume 7 (1797)

 

Native American People Treaties, Ratified and Unratified 

Lexis+ database of Native American Peoples Treaties contains the full-text of all treaties, ratified and unratified.

 

American Indian Treaties Portal

 

CALI Lesson: American Indian Treaties

In this lesson you will learn how to locate treaties between Indigenous tribes and the United States government. It will also show you how to determine whether a particular treaty provision is still in effect and how to interpret ambiguous treaty provisions.

 

Why Treaties Matter

This is a virtual exhibit on how Dakota and Ojibwe treaties with the U.S. government affected the lands and lifeways of the Indigenous peoples of the place now called Minnesota and why these binding agreements between nations still matter today.

 

International Treaties and Conventions involving Indigenous Rights

 

United Nations Declaration on the Rights of Indigenous Peoples

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly on Thursday, 13 September 2007, by a majority of 143 states in favor, 4 votes against (Australia, Canada, New Zealand and the United States) and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine)

 

Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970

Considered the interchange of cultural property among nations for scientific, cultural and educational purposes. Text available as pdf download or read online.

 

Convention for the Protection of the World Cultural and Natural Heritage (1972)

Over cultural heritage and the natural heritage sites being increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction. Read full--text online or download in full text in Arabic, Chinese, English, French, Hebrew, Portuguese, Russian, Spanish Official citation 1037 UNTS 151

 

Convention for the Safeguarding of the Intangible Cultural Heritage (2003)

Considered the importance of intangible cultural heritage as a mainspring of cultural diversity and a guarantee of sustainable development. Can be read online or downloaded in English|French|Spanish|Russian|Arabic|Chinese & 32 other languages.

 

Convention on the Protection and Promotion of the Diversity of Cultural Expressions

Recognized the need to take measures to protect the diversity of cultural expressions, including their contents, especially in situations where cultural expressions may be threatened by the possibility of extinction or serious impairment and the importance of intellectual property rights in sustaining those involved in cultural creativity. Full text in various languages on official website. 

 

Convention on the Protection of the Underwater Cultural Heritage

Created from the importance of underwater cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, nations, and their relations with each other concerning their common heritage Full-text available on UNESCO's official website. 

 

WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

This IGC has mandate to undertake " text-based negotiations with the objective of reaching agreement on a text(s) of an international legal instrument(s), which will ensure the effective protection of traditional knowledge (TK), traditional cultural expressions (TCEs) and genetic resources (GRs)."

 

Glossary (WIPO)

Key terms related to intellectual property and genetic resources, traditional knowledge and traditional cultural expressions.

 

Ko Aotearoa Tēnei: Report on the Wai 262 Claim

Waitiangi Tribunal Report (2011) "The claim is about the place of Māori culture, identity and traditional knowledge in New Zealand's laws, and in government policies and practices. It concerns who controls Māori traditional knowledge, who controls artistic and cultural works such as haka and waiata, and who controls the environment that created Māori culture. It also concerns the place in contemporary New Zealand life of core Māori cultural values such as the obligation of iwi and hapū to act as kaitiaki (cultural guardians) towards taonga (treasured things) such as traditional knowledge, artistic and cultural works, important places, and flora and fauna that are significant to iwi or hapū identity."