Trust Responsibility

According to United States Federal Indian Policy:

1) The United States is the successor of Christopher Columbus and other European Discoverers. This gives the government discovery rights to United States lands. More information.

2) The European discovery doctrine grants the U.S. federal government absolute title to all Indigenous territories. More information.

3) Indigenous Peoples only have the right to occupy their territories. The U.S. can extinguish this right at any time. More information.

4) Indigenous Peoples are wards of the United States government. More information.

5) Indigenous Nations are considered "domestic dependent nations". More information.

6) Because of points 1-5, the United States government has a trust responsiblity to protect Indigenous Peoples. More information.

7) The trust responsibility gives Congress both the duty and power to regulate Indigenous Nations' affairs. This includes the power to abrogate the provisions of an Indigenous treaty by statute. More information.

8) Although points 1-7 are based on the inferiority, savagery, uncivilization and religion of Indigenous Peoples, they lay the foundation for current day Federal Indian policy. More information.

According to International Law and Human Rights Standards:

1) All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. (Universal Declaration of Human Rights)

2) All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. (International Covenant on Civil and Political Rights, International Covenant on Economic Social and Cultural Rights)

3) All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. (International Covenant on Civil and Political Rights, International Covenant on Economic Social and Cultural Rights)

4) The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations. (International Covenant on Civil and Political Rights, International Covenant on Economic Social and Cultural Rights)

5) Indigenous peoples have the right to freely determine their political status and freely pursue their economic, social, spiritual and cultural development , and accordingly, they have the right to autonomy or self-government with regard to inter alia culture, religion, education, information, media, health, housing, employment, social welfare, economic activities, land and resource management, the environment and entry by nonmembers; and to determine ways and means for financing these autonomous functions. (Proposed American Declaration on the Rights of Indigenous Peoples)

6) Indigenous peoples have the right to participate without discrimination, if they so decide, in all decision-making, at all levels, with regard to matters that might affect their rights, lives and destiny. They may do so directly or through representatives chosen by them in accordance with their own procedures. They shall also have the right to maintain and develop their own indigenous decision-making institutions, as well as equal opportunities to access and participate in all state institutions and fora. (Proposed American Declaration on the Rights of Indigenous Peoples)