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The United Nations                                           

The United Nations Recognizes The Sovereignty

The United Nations recognizes the sovereignty and rights of Indigenous Peoples, including tribal nations like the Sikani Nation, through the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Adopted in 2007, UNDRIP establishes a universal framework of minimum standards for the survival, dignity, and well-being of Indigenous Peoples worldwide. It affirms their right to self-determination, autonomy, and self-government in matters relating to their internal and local affairs. This recognition goes beyond state and federal laws, emphasizing Indigenous Peoples' inherent rights derived from their political, economic, social structures, cultures, histories, and philosophies

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                             Sovereignty and Autonomy Under UNDRIP

UNDRIP explicitly acknowledges that Indigenous Peoples have the right to self-determination, allowing them to freely determine their political status and pursue economic, social, and cultural development. Article 4 of UNDRIP states that Indigenous Peoples have the right to autonomy or self-government in matters affecting their internal affairs, including ways to finance their autonomous functions

. This recognition supports tribal nations like the Sikani Nation in exercising their inherent sovereignty over governance structures, laws, and resources.

The declaration also emphasizes that Indigenous Peoples possess collective rights indispensable for their existence and well-being. It highlights the importance of respecting treaties, agreements, and constructive arrangements made between Indigenous Peoples and states. These principles provide a legal basis for tribal nations to assert their autonomy above state or federal laws when such agreements are in place

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Rights Observed by the United Nations Above State and Federal Laws

The United Nations affirms that Indigenous Peoples are entitled to all human rights recognized in international law without discrimination. UNDRIP complements broader human rights frameworks such as the Universal Declaration of Human Rights (UDHR) and international covenants like the International Covenant on Civil and Political Rights (ICCPR). These instruments establish fundamental principles of equality before the law, freedom from discrimination, and protection of cultural identity

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Key rights observed by the United Nations above state or federal laws include:

  • Self-Determination: Indigenous Peoples can freely determine their political status and govern their internal affairs without external interference

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  • Land and Resource Rights: The declaration recognizes Indigenous Peoples' rights to lands, territories, and resources traditionally owned or occupied by them

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  • Cultural Preservation: Protection of cultural heritage, traditions, spiritual practices, and languages is prioritized under international law

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  • Freedom from Discrimination: Indigenous individuals are entitled to equal treatment under all human rights frameworks

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Case Studies Supporting UN Recognition

UNDRIP has been instrumental in empowering tribal nations globally. For example:

  • Political Autonomy: Tribal governments have used UNDRIP to advocate for greater self-governance in areas such as criminal justice reform.

  • Land Rights: Legal cases involving land disputes have cited UNDRIP to affirm Indigenous ownership over territories historically occupied by them.

  • Cultural Preservation: The declaration has supported initiatives to protect endangered languages and traditions.

Conclusion

The United Nations provides robust support for tribal sovereignty through frameworks like UNDRIP. By recognizing the inherent rights of Indigenous Peoples—including autonomy over governance, land management, and cultural preservation—the UN affirms principles that often supersede state or federal laws. For tribal nations like the Sikani Nation, these international standards offer a powerful foundation for asserting sovereignty while ensuring dignity and survival within a global contex.

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© 2024 Sikani Nation

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Explanation of Tax Status for Tribal Trust Lands

The Sikani Nation operates under the federal framework of 25 CFR Part 151, which governs the process of placing land into trust. Trust lands are held by the United States in trust for the benefit of tribes, exempting them from state and local taxation. This tax-exempt status strengthens tribal sovereignty by ensuring that trust lands are governed solely by tribal regulations and federal oversight

.Additionally, the Indian Trust Asset Reform Act (ITARA) allows tribes to autonomously manage trust assets, including leasing, resource management, and dispute resolution, while maintaining federal protections asoutlined by the IRS (e.g., Revenue Ruling 57-523).

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SOVEREIGN Rights
 

SIKANI Nation

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