Understanding & Using Treaty Rights Guide

Introduction

Understanding treaty rights is essential to recognizing and supporting Tribal sovereignty and the enduring rights of Native peoples. Treaties are legally binding agreements made between sovereign powers—in this case, between Native nations and the United States. These treaties, over 300 of which have been ratified across the country, are as diverse as the Native nations themselves.

The presence or absence of treaties with a Native nation was influenced by historical timing, geographical location, shifting policies of the US. government, and diplomatic and political dynamics between Native nations and the US federal government. Not all Tribes have treaties, leading to varying levels of legal recognition by the US government and further challenging their inherent sovereignty. Even if a Native nation successfully negotiated a treaty with the US government, some were never ratified by the Senate. Others were broken or violated, failing to be fully honored.

This resource guide aims to provide Tribal citizens and non-Native allies with a foundational understanding of treaty rights, serving as both an educational tool and a source of inspiration. By exploring the complexities and significance of these treaties, this guide seeks to spark meaningful actions that support Natives, their treaties, and sovereignty. We would also like to thank Robert Miller (Eastern Shawnee Tribe), Candice Jimenez (Confederated Tribes of Warm Springs), Marne Kaeske, and Chanda Blesi (Lac La Croix First Nation) for lending their expertise during webinars of the same name.

What are Treaties?

Treaties are nation-to-nation agreements between two sovereign powers that must be upheld. In this context, we focus on treaty agreements of Native nations and the United States of America. Treaties are legally binding contracts between sovereign nations that establish those nations’ political and property relations. Treaties between Native nations and the United States confirm each nation’s rights and privileges.

Like the Constitution and Bill of Rights, treaties do not expire with time. They have the same power now as when they were originally created. Article Six of the United States Constitution holds that treaties “are the supreme law of the land” inferring that when a treaty is signed, it is a legal document that cannot be broken.

The United States used treaties mainly as a means to take land and legitimize the transactions from and with Native nations. Others were written to legitimize trade, military partnerships, and negotiate peace with Native nations. Treaties were not entirely foreign to Native nations prior to colonization as they had entered into treaties with other Native nations regularly. When treaties were made with the United States, Native nations often asked for specific provisions to be written into them. These provisions stipulated certain material items in exchange for land. Many Native nations also sought provisions that would retain a portion of land for permanent homes for their citizens. Lands would then be reserved for them and for their use leading to the term reservations which is used today. 

Today, we see that many of these treaties have not been upheld or have been broken on behalf of the federal government, and that has been done by design. Some of these treaties were signed for performative measures or intended to not be followed through, unbeknownst to the Native nations who agreed to them at the time.

How Do Treaty Rights Impact Tribal Citizens?

Citizens of Native nations have unique rights based on Tribal constitutions and treaties. Treaties are the “supreme law of the land” according to the United States Constitution and must be upheld. Whether you are living on your reservation, in a city, or in the suburbs, citizens of Native nations with treaty agreements are encouraged to explore, understand, and actively use their treaty rights. 

How Do Treaty Rights Impact Non-Native Allies?

Native nations treaties and treaty rights affect non-Native people by shaping legal frameworks, influencing land and resource management, impacting economic activities, fostering cultural awareness, and contributing to social justice efforts. Understanding and respecting these rights is crucial for building equitable and sustainable relationships between Native and non-Native communities. Keep in mind that treaties have a past of being broken or ignored, Native nations are constantly working to have their treaty rights affirmed, restored, and respected.

How Can Tribal Citizens Exercise Treaty Rights?

Exercising and asserting treaty rights is crucial to supporting the inherent sovereignty of Native nations. There are several different ways Native nations and their leaders can uniquely support their community and rights of citizens regardless of where they live:

• Legal Advocacy: Native nations and communities can use legal action to affirm their treaty rights. Many Native nations have established legal teams or partner with organizations specializing in Indigenous rights.
• Government to Government Relations: Native nations are engaging with federal, state, and local governments to help ensure treaty rights are upheld. Learn more about what your nation is doing in your region and if there are opportunities to support their efforts.
• Legislative Action: Nations can work to influence or advocate for legislation at the local, state, and federal levels that supports or protects treaty rights. This may include lobbying lawmakers, drafting bills, or participating in public comment periods.
• Community Education and Awareness: Educating the community about their treaty rights and the historical context of those treaties can empower citizens to advocate for themselves. This may involve workshops, cultural programs, or educational campaigns.
• Lean into Culture: Actively practicing and revitalizing cultural traditions, languages, and ceremonies reinforces the importance of treaty rights. Provide space and opportunities for citizens both near and far to connect to culture! Cultural programs and traditional practices serve as a reminder of the promises made in treaties and bring visibility to those exercising their treaty rights today.
• Economic Development: Nations can further support citizens developing businesses and economic enterprises to help their community members assert their rights through economic self-sufficiency. This may include managing natural resources, tourism, or other ventures aligned with treaty provisions.

How Can Non-Native Allies Support the Treaty Rights of Tribal Nations?

First and foremost, research the treaty rights of Native nations in your area. Oftentimes outsiders of Native nations call on Tribal leaders and citizens for educational resources or to provide training to help them learn. The reality is that Native nations, their leaders, and administration are extremely busy working on initiatives that support their community directly. Taking the initiative to educate yourself before speaking with leadership about ways you can support them shows a great amount of respect. Some Native nations may have resources on their respective nation’s website to help you get started, but there is much more to dig into beyond that. Once you have a good understanding, expand your knowledge to Tribes outside of your region!

Do some more research. Are there demonstrations or events you could support? Do they need volunteers or folks to help advertise the event? Speaking with the Native nations directly about what their needs are and how you can help support their treaty rights is a big step in the right direction. Are they actively working with Council and non-Tribal governments to enhance these rights?

Are Native nations in your region actively involved in legislation to support and/or strengthen their treaty rights? Are they looking for folks to lobby Congress or help spread the word about a particular movement or initiative? Ask! Find out and see how you can get involved in the process! Here is an example of a legislative tracker from the Wabanaki Alliance, where voters and supporters can track bills related to Wabanaki Nations in the current legislative session and find out how to take action!

Downloads

Download the version of the guide that meets your needs as a Tribal citizen, or as a non-Native accomplice or ally.

• Treaty Rights Guide for Tribal Citizens (pdf)
• Treaty Rights Guide for Non-Native Allies (pdf)
• Treaty Rights Tribal Citizens Social Media Event Recap (pdf)
• Treaty Rights Allies Social Media Event Recap (pdf)

Additional Resources