Treaty rights
Encyclopedia
Treaty rights are certain rights that were reserved by Indian tribes
when they signed treaties
with the United States
government. By signing treaties, tribes traded vast amounts of their land and resources in exchange for reserved areas of land (Indian reservation
s) and things like protection (from attacks on their lands), health care
, education, sovereignty and religious freedom
, protection of hunting and fishing rights, and sometimes some monies as well. Because Article Six
of the United States Constitution
declares treaties to be the supreme law of the land, treaties are just as valid today as they were the day they were signed, and treaty rights are still legally binding as well.
It is a common misperception that treaty rights are "special" rights given to native people
by the government because of their racial status, but this is not the case. The government does not "give" treaty rights to anyone – native people reserved them when they signed treaties in a government-to-government relationship.
Treaty rights are frequently subject to public debate, particularly hunting and fishing rights. Many Native nations have reserved rights to hunt and fish in their accustomed places, which are often land that was given up at the treaty signing, or "ceded land". This leads to conflict with sports and commercial hunters and fishers, who are competing for the same limited resource
in the same place.
Another common source of conflict is management decisions about the land or rivers on which Native people have rights. Things like dams and logging have huge effects on fish and wildlife populations, but Native people are rarely consulted when it comes to the management process of these lands and rivers, even though many tribes still depend on hunting and fishing for subsistence.
Indian tribes
The India's tribal belts refer to contiguous areas of indigenous settlement of tribal people of India.-Northwest India:The Tribal Belt of Northwest India includes the states of Rajasthan, Gujarat, Maharashtra, and Karnataka. The tribal people of this region have origins which precede the Vedic...
when they signed treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
with the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
government. By signing treaties, tribes traded vast amounts of their land and resources in exchange for reserved areas of land (Indian reservation
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
s) and things like protection (from attacks on their lands), health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
, education, sovereignty and religious freedom
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, protection of hunting and fishing rights, and sometimes some monies as well. Because Article Six
Article Six of the United States Constitution
Article Six of the United States Constitution establishes the Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
declares treaties to be the supreme law of the land, treaties are just as valid today as they were the day they were signed, and treaty rights are still legally binding as well.
It is a common misperception that treaty rights are "special" rights given to native people
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
by the government because of their racial status, but this is not the case. The government does not "give" treaty rights to anyone – native people reserved them when they signed treaties in a government-to-government relationship.
Treaty rights are frequently subject to public debate, particularly hunting and fishing rights. Many Native nations have reserved rights to hunt and fish in their accustomed places, which are often land that was given up at the treaty signing, or "ceded land". This leads to conflict with sports and commercial hunters and fishers, who are competing for the same limited resource
Resource
A resource is a source or supply from which benefit is produced, typically of limited availability.Resource may also refer to:* Resource , substances or objects required by a biological organism for normal maintenance, growth, and reproduction...
in the same place.
Another common source of conflict is management decisions about the land or rivers on which Native people have rights. Things like dams and logging have huge effects on fish and wildlife populations, but Native people are rarely consulted when it comes to the management process of these lands and rivers, even though many tribes still depend on hunting and fishing for subsistence.