Federal Recognition Is Not the Source of Indigenous Jurisdiction
Recognition is how one government relates to another. Jurisdiction is what a nation holds in the first place.
Indigenous jurisdiction originates from Indigenous peoples themselves. Recognition by another government can increase how well two systems work together, but it does not create the nation’s jurisdiction. ADRIP Article XXII(2) states that Indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems.
The ability of different jurisdictions to recognize and work with each other’s records, documents and decisions.
Two different questions
Does this nation have jurisdiction? That depends on whether a people exercises authority over its own affairs. Does another government recognize it? That depends on the other government’s own rules and relationships. The Republic’s teaching keeps the two questions separate.
What recognition does
When jurisdictions recognize each other’s documents and decisions, their systems interact more smoothly. That is valuable, and the Republic is grateful for the relationships it has. It is part of nation-building.
What recognition does not do
Recognition does not bring a nation into being. A people that governs itself, keeps records and maintains institutions is exercising jurisdiction whether or not a particular outside agency has a relationship with it. How another government’s agencies and courts treat a document is decided under that government’s own rules, which is why records and relationships are built carefully over time.
“Indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems.”
“Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.”
Indian country, as the Republic uses the term
The Republic uses “Indian country” to mean self-governing Indigenous nations within the United States: primarily federally recognized nations, but not limited to them, because of Indigenous peoples’ right to self-determination.
Continue with Why Jurisdiction Decides Who Issues an ID and What Is Inherent Sovereignty?.
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Questions people ask
Does federal recognition create tribal jurisdiction?
The Republic teaches that it does not. Jurisdiction originates from the people. Recognition describes a relationship between governments.
Why does recognition still matter?
It increases interoperability, making it easier for different systems to accept each other’s documents and decisions.
What does ADRIP Article XXII(2) say?
That Indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems.
Adapted from the Entry-Level Tribal Law Course Workbook, Chapter 6. © Aboriginal Ministry of Justice. Declaration text checked word for word against the primary sources: ADRIP, AG/RES. 2888 (XLVI-O/16) and UNDRIP, A/RES/61/295. This article is general education, not legal, tax or financial advice.
