U.S. Consultation Policy and “Free, Prior and Informed Consent": CWIS Comments: Draft 2011 Department of the Interior Policy on Consultation with Indian Tribes submitted at the request of the US Department of the Interior, Office of the Secretary.
Rudolph C. Rÿser, Ph.D.
Fourth World Journal (2011) 10 (1): 95-111
Keywords Indigenous Peoples, Government Relations, United Nations Declaration, American Indian Policy, Self-Determination, Free Prior and Informed Consent, Tribal Consultation, Trust Responsibility, Government-to-Government Relations, International Obligations, Negotiations, Protocols, Reservation Economies, Indigenous Nations Political Development
Abstract
This article analyzes the US government's approach to the United Nations Declaration on the Rights of Indigenous Peoples, particularly the concept of 'free, prior and informed consent.' It discusses the historical context, international obligations, and the shift towards 'government-to-government' relations with Indian nations, highlighting challenges in implementation. It further delves into the nuances of government-to-government relations, emphasizing negotiations, protocols, and mutual agreements between the US and Indian governments. It explores the Trust Responsibility as a dynamic obligation and stresses the importance of mutual respect and communication. Last, it examines President Ronald Reagan's 1983 American Indian policy statement, reaffirming the government-to-government relationship, tribal governance roles, and efforts to boost reservation economies, within the context of indigenous nations' political development.
Rudolph C. Rÿser, Ph.D.
Published June 1, 2011
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Copyright (c) 2025 Rudolph C. Rÿser, Ph.D. (Author)
CSCE. (1975, August 1). Declaration on principles guiding relations between the participating states: Final Act of the Conference on Security and Co-operation in Europe (CSCE), Helsinki. http://www.hri.org/docs/Helsinki75.html
DeLaCruz, J. B. (1989). From self-determination to self-government. In C. J. Minugh, G. T. Morris, & R. C. Ryser (Eds.), Indian self-governance (Fourth World Papers Series, pp. 1-14). Olympia, WA: Center for World Indigenous Studies.
U.S. Department of the Interior. (2011, January 14). Draft tribal consultation policy: Department of the Interior policy on consultation with Indian tribes. Secretary Ken Salazar & Deputy Chief of Staff Laura Davis.
U.S. Department of State. (2010). Announcement of U.S. support for the United Nations Declaration on the Rights of Indigenous Peoples: Initiatives to promote the government-to-government relationship and improve the lives of indigenous peoples. Washington, DC: USDOS.
U.S. Government. (1979, November). Fulfilling our promises: The United States and the Helsinki Final Act (p. 149). Washington, DC: Commission on Security & Cooperation in Europe. (Originally drafted by the U.S. Department of the Interior and approved by the National Security Council)
U.S. Government. (1983, January 24). American Indian policy. Preamble "President Ronald Reagan issued an American Indian policy..."
You may also start an advanced similarity search for this article.
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Submissions
