EXPANDING TRIBAL CITIZENSHIP USING INTERNATIONAL PRINCIPLES OF SELF-DETERMINATION

Abstract

ABSTRACT Jancita C. Warrington, M.A., Indigenous Nations Studies Center for Indigenous Nations Studies, May 2008 University of Kansas The purpose of this research is to provide Tribal Nations of mid-North America with an alternative approach to revising IRA tribal constitutions. In particular this research focuses on the citizenship and/or membership criteria of Tribal Nations that have blood quantum standards firmly embedded in Tribal law. Blood quantum standards continue to de-humanize the traditional customs and culture of Tribal Nations. Tribal Nations must make a collective move to change their membership standards to reflect traditional tribal standards of collective citizenship based on international principle of self-determination. Chapter one establishes international law as the foundation of United States colonial law. I have included various documents of international law as supporting components to establish the right to a nationality and citizenship are basic rights extended to all peoples of humanity. Chapter two analyzes the United States' influence on the concept of Tribal Nations. Tribal Nations customarily did not define their citizenship affiliated with any kind of race-based component. Colonial laws which established United States as an absolute sovereign continues to severely impair Tribal Nations from exercising true self-determination. Chapter three gives an overview of tribal constitutions from 1934 to the present day. U.S. congressional plenary power has domesticated, assimilated and sometimes even terminated the recognition of Tribal Nations. Tribal Nations fearing the ultimate power of congressional plenary power have established their Tribal governments and citizenship guidelines attempting to fit congressional notions of sovereignty. Chapter four provides an alternative approach to Tribal enrollment by recognizing the need to separate the internal and external citizenship components of Tribal Nations.