How to Assert Indigenous Tribal Status in the U.S

Does anyone have any suggestions or templates about how to assert Indigenous Tribal Status under ILO 169 Art. 1(2) in the United States? Should they submit affadavits, petitions, etc?

2 Likes

Hello , it will be very difficult to answer to your question because indigenous recognition in States of liberal tradition is very difficult according to Will Kymlicka because they think that rights is to be vested on individual not on people. Since, USA dit not ratify the ILO convention n° 169, the only way I see is article 27 of the International Convennant on civil and political rights which states that “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.”. This article gives minorities and indigenous people the right to enjoy their culture. This right to be enforced implicates an implicite or explicite recognition. This article has been interpreted by the the Human rights Commitee (General comment n° 23) as giving State " an obligation to ensure that the existence and the exercise of this right are protected against their denial or violation. Positive measures of protection are, therefore, required not only against the acts of the State party itself, whether through its legislative, judicial or administrative authorities, but also against the acts of other persons within the State party". By using this article, I think that you can have a legal way to provocate measure of protection, which will be finally an implicite recognition.

2 Likes

Greetings Ismaila:

Thank you for sharing your insight. I will have a look at the International Covenant on Civil and Political Rights Art. 27

2 Likes