Download or read book Tribal Self governance written by Nupur Tiwari and published by Rawat Publications. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "After Independence, Constituent Assembly of India has taken several steps to protect the interests of the vast tribal population of India. Based on the Bhuria Committee Report, the PESA (Panchayat Extension to Scheduled Areas) Act was passed by the Parliament keeping in view the welfare and socio-economic development of the tribals. The PESA Act gives radical governance powers to the tribal community and recognizes its traditional community rights over local natural resources. This Act has also made it mandatory for the states having Scheduled Areas to make specific provisions for giving a broad range of powers to the tribals on matters relating to decision-making and development of their community. However, actual implementation of the provisions lies with the states. It was expected that the PESA would lead to self-governance and empowerment of the people, but the implementation of PESA is far from satisfactory. This book is an attempt to grasp the profound impact of effective implementation of PESA, with special emphasis on the extremist affected districts which are characterized by a high degree of poverty, lack of infrastructure, illiteracy, exploitation and marginalization. Through various case studies, the book tries to discuss the diverse issues and concerns relevant for people-centric governance for removing the discontent among the tribal population and assuring them that they have equal stake in the progress of the country. This book will contribute to enhancing our understanding of PESA and add to the experience in designing inclusive and accountable local representative institutions. The book will be useful not only for policy makers but also for those who contribute to broader national and regional debates on addressing these common challenges."--Publisher's description.

Download or read book Pathways to Indigenous Nation Sovereignty written by Alan R Parker and published by MSU Press. This book was released on 2018-04-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a story that could only be told by someone who was an insider, this book reveals the background behind major legislative achievements of U.S. Tribal Nations leaders in the 1970s and beyond. American Indian attorney and proud Chippewa Cree Nation citizen Alan R. Parker gives insight into the design and development of the public policy initiatives that led to major changes in the U.S. government’s relationships with Tribal Nations. Here he relates the history of the federal government’s attempts, beginning in 1953 and lasting through 1965, to “terminate” its obligations to tribes that had been written into over 370 Indian treaties in the nineteenth century. When Indian leaders gathered in Chicago in 1961, they developed a common strategy in response to termination that led to a new era of “Indian Self-Determination, not Termination,” as promised by President Nixon in his 1970 message to Congress. Congressional leaders took up Nixon’s challenge and created a new Committee on Indian Affairs. Parker was hired as Chief Counsel to the committee, where he began his work by designing legislation to stop the theft of Indian children from their communities and writing laws to settle long-standing Indian water and land claims based on principles of informed consent to negotiated agreements. A decade later, Parker was called back to the senate to work as staff director to the Committee on Indian Affairs, taking up legislation designed by tribal leaders to wrest control from the Bureau of Indian Affairs over governance on the nation’s 250 Indian reservations and negotiating agreements between the tribes that led to the Indian Gaming Regulatory Act. A valuable educational tool, this text weaves together the ideas and goals of many different American Indian leaders from different tribes and professional backgrounds, and shows how those ideas worked to become the law of the land and transform Indian Country.

Download or read book Tribal Constitutionalism written by Kirsty Gover and published by OUP Oxford. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.

Download or read book Tribal Business Structure Handbook written by Karen J. Atkinson and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.

Download or read book Oregon Blue Book written by Oregon. Office of the Secretary of State and published by . This book was released on 1895 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Tribal Government Today written by James J. Lopach and published by Routledge. This book was released on 2020-09-30 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reservation politics certainly affect the quality of life in Indian communities, and the outlook for Indian self-determination movement cannot be assessed without an understanding of tribal government. The authors chose conversations with selected political leaders on the reservation as the best way of leaming about tribal government.

Download or read book American Indians and the Trouble with Sovereignty written by Kouslaa T. Kessler-Mata and published by Cambridge University Press. This book was released on 2017-10-19 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kessler-Mata argues for a constitutive theory of tribal sovereignty based on the interconnected relationships between tribes and non-federal governments.

Download or read book The Tribal Moment in American Politics written by Christine K. Gray and published by AltaMira Press. This book was released on 2013-05-23 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the “tribal moment in American politics,” which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. The U.S. government responded characteristically, overall wielding its authority in incremental, frequently double-edged ways that simultaneously opened and restricted tribal options. The actions of Native Americans and public officials brought about a new era of tribal-American relations in which tribal sovereignty has become a central issue, underpinning self-determination, and involving the tribes, states, and federal government in intergovernmental cooperative activities as well as jurisdictional skirmishes. American Indian tribes struggle still with the impacts of a capitalist economy on their traditional ways of life. Most rely heavily on federal support. Yet they have also called on tribal sovereignty to protect themselves. Asking how and why the United States is willing to accept tribal sovereignty, this book examines the development of the “order” of Indian affairs. Beginning with the nation’s founding, it brings to light the hidden assumptions in that order. It examines the underlying deep contradictions that have existed in the relationship between the United States and the tribes as the order has evolved, up to and into the “tribal moment.”

Download or read book Sovereignty for Survival written by James Robert Allison and published by Yale University Press. This book was released on 2015-10-20 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years following World War II many multi-national energy firms, bolstered by outdated U.S. federal laws, turned their attention to the abundant resources buried beneath Native American reservations. By the 1970s, however, a coalition of Native Americans in the Northern Plains had successfully blocked the efforts of powerful energy corporations to develop coal reserves on sovereign Indian land. This challenge to corporate and federal authorities, initiated by the Crow and Northern Cheyenne nations, changed the laws of the land to expand Native American sovereignty while simultaneously reshaping Native identities and Indian Country itself. James Allison makes an important contribution to ethnic, environmental, and energy studies with this unique exploration of the influence of America’s indigenous peoples on energy policy and development. Allison’s fascinating history documents how certain federally supported, often environmentally damaging, energy projects were perceived by American Indians as potentially disruptive to indigenous lifeways. These perceived threats sparked a pan-tribal resistance movement that ultimately increased Native American autonomy over reservation lands and enabled an unprecedented boom in tribal entrepreneurship. At the same time, the author demonstrates how this movement generated great controversy within Native American communities, inspiring intense debates over culturally authentic forms of indigenous governance and the proper management of tribal lands.

Download or read book Reclaiming Indigenous Governance written by William Nikolakis and published by University of Arizona Press. This book was released on 2019-10-22 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.

Download or read book Navajo Courts and Navajo Common Law written by Raymond Darrel Austin and published by U of Minnesota Press. This book was released on 2009 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.

Download or read book On the Drafting of Tribal Constitutions written by Felix S. Cohen and published by University of Oklahoma Press. This book was released on 2006 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.

Download or read book Tribal self governance written by United States. Congress. House. Committee on Resources and published by . This book was released on 2004 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Indian Reorganization Act written by Vine Deloria and published by University of Oklahoma Press. This book was released on 2002 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1934, Commissioner of Indian Affairs John Collier began a series of "congresses" with American Indians to discuss his proposed federal bill for granting self-government to tribal reservations. In "The Indian Reorganization Act," Vine Deloria, Jr., compiled the actual historical records of those congresses and made available important documents of the premier years of reform in federal Indian policy as well as the bill itself.

Download or read book Uneven Ground written by David Eugene Wilkins and published by University of Oklahoma Press. This book was released on 2001 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.

Download or read book Implementation on the Tribal Self governance Demonstration Project written by United States. Congress. Senate. Committee on Indian Affairs (1993- ) and published by . This book was released on 1994 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cooperation Without Submission written by Justin B. Richland and published by University of Chicago Press. This book was released on 2021-09-06 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--