April 13, 14 and 15, 1988 - Kasigluk Elders Conference, Resolution 88-01

KASIGLUK ELDERS CONFERENCE
RESOLUTION 88-01
APRIL 13,14, AND 15, 1988

WHEREAS, AN INTERNATIONAL ORGANIZATION OF INUIT, KNOWN AS THE INUIT CIRCUMPOLAR CONFERENCE DEDICATED TO PROTECT AND ADVANCE INUIT RIGHTS AND INTERESTS ON THE INTERNATIONAL LEVEL, HAS BEEN CREATED BY A RESOLUTION UNANIMOUSLY ADOPTED ON JUNE 15,1977, IN BARROW, ALASKA AND,

WHEREAS, THE INUIT CIRCUMPOLAR CONFERENCE (ICC) IS THE INTERNATIONAL ORGANIZATION REPRESENTING ALL INUIT FROM ALASKA.GREENLAND AND CANADA,THE ICC CONTINUES TO ENCOURAGE THE ACTIVE PARTICIPATION OF THE SIBERIAN INUIT WITHIN THE ICC,

WHEREAS, INUIT MEANS INDIGENOUS MEMBERS OF THE INUIT HOMELAND,RECOGNIZED BY INUIT AS BEING MEMBERS OF THEIR PEOPLE,AND INCLUDES SUCH REGIONAL GROUPS AS INUPIAT, YUPIC(ALASKA/ RUSSIAN) INUIT, INUVIALUIT(CANADA) AND KALAALLIT,(GREENLAND) AND,

WHEREAS, THE ICC HAS ESTABLISHED AN INTERNATIONAL ELDERS CONFERENCE WHICH IS HELD CONCURRENTLY WITH THE ICC GENERAL ASSEMBLIES IN WHICH THE ELDERS DISCUSS AND REVIEW ALL OF ICC'S RESOLUTIONS AND HAVE DIRECT INPUT INTO THE ICC DECISION MAKING PROCESS.

WHEREAS, ON APRIL 13, 1988, AT KASIGLUK ELDERS CONFERENCE (KASIGLUMI CUILIRNERET QUYURTELLRAT) REPORTED AND DEBATED UNASHAMEDLY REFLECTING THE INUIT VIEWS THAT THE RIGHT OF SELF-GOVERNMENT IS A BASIC POLITICAL RIGHT, THAT GOVERNMENT IS LEGITIMATE ONLY WHEN GROUNDED ON THE CONSENT OF THE GOVERNED, AND THAT GOVERNMENT THUS GROUNDED SHOULD NOT BE USED TO DENY LIFE, LIBERTY OR THE PURSUIT OF HAPPINESS. THAT INDIVIDUALS IN A SOCIETY HAVE THE INALIENABLE RIGHT TO BE FREE FROM GOVERNMENTAL VIOLATIONS OF THE INTEGRITY OF THE PERSON, TO ENJOY CIVIL LIBERTIES SUCH AS FREEDOM OF EXPRESSION, ASSEMBLY, RELIGION AND MOVEMENT, WITHOUT DISCRIMINATION BASED ON RACE, ANCESTRY, OR SEX AND TO CHANGE THEIR GOVERNMENT BY PEACEFUL MEANS.

WHEREAS, KASIGLUK ELDERS CONFERENCE FIND THAT THE CONCEPT OF ECONOMIC,SOCIAL AND CULTURAL RIGHTS OF THE INUIT IS OFTEN CONFUSED, SOMETIMES WILLFULLY BY REPRESSIVE GOVERNMENT OF THE UNITED STATES OF AMERICA AND RUSSIA CLAIMING THAT IN ORDER TO PROMOTE THESE RIGHTS, THEY MAY DENY THE INUIT THE RIGHT TO INTEGRITY OF THE PERSON AS WELL AS POLITICAL,CIVIL AND FIFTH AMENDMENTS OF THE INUIT IN ORDER TO PROMOTE THE EXPLOITATION OF OIL, GAS, AND OTHER MINERAL AND NATURAL RESOURCES IN THE HOMELAND OF THE INUIT.

WHEREAS, SINCE TIME IMMEMORIAL THE KASIGLUK ELDERS CONFERENCE WISHES TO DISSENT THE NOTION THAT INUIT TRIBES LOST THEIR SOVEREIGNTY THROUGH;

<>(1) DISCOVERY
<>(2) CONQUEST
<>(3) CESSION
<>(4) TREATIES
<>(5) STATUTES
<>(6) COURT ORDER,
<>(7) TERRA NULLIUS;

AND

WHEREAS, KASIGLUK ELDERS CONFERENCE REFLECT THE INUIT VIEW UNASHAMEDLY THAT THERE EXIST A PROFOUND CONNECTION BETWEEN HUMAN RIGHTS AND ECONOMIC DEVELOPMENT;AND

WHEREAS, KASIGLUK ELDERS CONFERENCE REPORTED AND DEBATED UNASHAMEDLY REFLECTING THE UNITED STATES VIEW THAT THE ACT OF MARCH 3, 1875 CH 131 SECTION 15-16, 18 STAT 402, 420 (REPEALED 1976) (FORMERLY CODIFIED AT 43 U.S.C. 189 (1976) (STILL VALID FOR PRE-REPEAL PATENTS) ENTITLED INDIANS WHO ABANDONED THEIR TRIBAL RELATIONS TO CLAIM PUBLIC DOMAIN HOMESTEADS UNDER THE GENERAL HOMESTEAD LAWS, SUCH LANDS WERE TO BE RESTRICTED FOR FIVE YEARS. THE ABANDONMENT REQUIREMENT COULD STILL RAISE QUESTIONS ABOUT THE STATUS OF THESE LANDS, BUT IT IS PROBABLE THAT NO SUCH PARCELS REMAIN IN RESTRICTED STATUS TODAY. MORE SIGNIFICANT WAS THE ACT OF JULY 4, 1884, CH 180 SECTION 1, 23 STAT 76 (REPEALED 1976) (FORMERLY CODIFIED AT 43 USC SECTION 190 (1976) (STILL VALID FOR PRE-REPEAL PATENTS) WHICH ENTITLES ANY INDIAN TO UTILIZE THE HOMESTEAD LAWS TO OBTAIN LAND, AND REQUIRED THAT PATENTS SO OBTAINED BE PLACED IN A 25 YEAR RESTRICTED STATUS ALMOST IDENTICAL TO THAT OF THE GENERAL ALLOTMENT ACT. 25 U.S.C. 348. CF.25 U.S.C. 335 (EXTENDING PROVISIONS OF THE FEDERAL ALLOTMENT LAWS TO LANDS PURCHASED UNDER AUTHORITY OF CONGRESS FOR INDIVIDUAL INDIANS.) THIS STATUTE APPLIED TO THE GENERAL HOMESTEAD LAWS AND TO NUMEROUS SPECIAL LAWS. AFTER ALL INDIANS WERE MADE CITIZENS IN 1924, SEE CH 12 SEC. A. INFRA, AN INDIAN HOMESTEADER COULD PRESUMABLY OBTAIN EITHER A FEE HOMESTEAD AS A UNITED STATES CITIZEN OR A TRUST HOMESTEAD UNDER THE 1884 STATUTE BECAUSE OF INDIAN STATUS. HOWEVER, THE NATURE OF THE FEDERAL TRUST RELATIONSHIP SUGGESTS THAT THE 1884 ACT PRESUMPTIVELY APPLIED TO TRIBAL INDIANS SEEKING HOMESTEADS UNLESS A CLEAR INTENT TO REQUEST A FEE PATENT BE TRIBAL U.S.C. 412 (A) (PROVIDING FOR TRUST STATUS FOR HOMESTEADS PURCHASED WITH RESTRICTED FUNDS.);AND

WHEREAS, THE KASIGLUK ELDERS CONFERENCE FULLY AGREES WITH THE SECRETARY OF INTERIOR DONALD PAUL HODEL IN HIS LETTER TO JAMES C. MILLER,III, CONCERNING H.R. 278 THE "ALASKAN NATIVE CLAIMS SETTLEMENT ACT AMENDMENTS OF 1987." WHICH STATED;

"I MOST STRONGLY URGE THE PRESIDENT TO VETO THIS MEASURE,IT IS A VERY BAD BILL.THE FLAWS OF H.R. 278 ARE SO NUMEROUS AND FAR REACHING THAT CAREFUL SCRUTINY OF ITS COMPLEX PROVISIONS IS REQUIRED. THIS MEMORANDUM, WHILE LENGTHY, DEALS ONLY WITH THE MOST SERIOUS OF OUR OBJECTIONS, ANY ONE OF WHICH WOULD WARRANT VETO AND ALL OF WHICH, TAKEN TOGETHER, COMPEL THE CONCLUSION, IN MY OPINION, THAT VETO IS A NECESSITY IF THE FUNDAMENTAL PRINCIPLES OF THIS ADMINISTRATION ARE TO BE PRESERVED.";

AND

WHEREAS; UNDER THE SUMMARY OF HIS REASONS THE SECRETARY OF INTERIOR FURTHER STATES;

"UNDER THE "JUST COMPENSATION" CLAUSE OF THE FIFTH AMENDMENT TO THE CONSTITUTION,THE BILL WOULD EFFECT A COMPENSABLE "TAKING" OF PROPERTY RIGHTS BECAUSE OF ITS MULTIPLE DEPRIVATION OF THE RIGHTS OF INDIVIDUAL SHAREHOLDERS OF ALASKA NATIVE CORPORATIONS. THE FINANCIAL LIABILITY OF THE FEDERAL GOVERNMENT COULD BE ENORMOUS. ON THE OTHER HAND,IF THE BILL'S ATTEMPT TO FORBID SUCH FEDERAL LIABILITY IS EFFICACIOUS, THE CRITICAL PROVISIONS OF H.R. 278 WOULD BE CONSTITUTIONALLY IMPERMISSIBLE BECAUSE THEY WOULD EFFECT A "TAKING" WITHOUT JUST COMPENSATION.";

AND

WHEREAS, MR. PRESIDENT, THE NET RESULT OF THE FEDERAL LAND PLAN MANAGEMENT AND POLICY ACT OF 1976 AND THE ALASKA LAND CLAIMS SETTLEMENT ACT AMENDMENTS OF 1987 IS DICTUM AND IS IN DIRECT VIOLATION OF WHAT THE SUPREME COURT STATED IN " THE KANSAS INDIANS " CASE "THAT A TRIBE ITSELF CAN END ITS LEGAL EXISTENCE BY A VOLUNTARY ABANDONMENT OF ITS TRIBAL ORGANIZATION"(72 U.S.(5 WALL) 737,757 (1867),HAS EXPOSED YOUR OFFICE TO THE INTERNATIONAL INSTRUMENT OF THE CONVENTION ON THE PREVENTION AND THE PUNISHMENT OF THE CRIME OF GENOCIDE;AND

WHEREAS, YOUR STAFF HAS BEEN MISINFORMED OF YOUR POLICY,MR PRESIDENT,IN WHICH YOU STATED: "WHEN EUROPEAN COLONIAL POWERS BEGAN TO EXPLORE AND COLONIZE THIS LAND,THEY ENTERED INTO TREATIES WITH INDIAN TRIBES ON A GOVERNMENT TO GOVERNMENT BASED THROUGHOUT OUR HISTORY, DESPITE PERIODS OF CONFLICTS AND SHIFTING NATIONAL POLICIES IN INDIAN AFFAIRS,THE GOVERNMENT TO GOVERNMENT RELATIONSHIPS BETWEEN THE UNITED STATES AND THE INDIAN TRIBES HAS ENDURED.THE CONSTITUTION, TREATIES, LAWS AND DECISIONS HAVE CONSISTENTLY RECOGNIZED A UNIQUE POLITICAL RELATIONSHIP BETWEEN INDIAN TRIBES AND UNITED STATES WHICH THIS ADMINISTRATION PLEDGES TO UPHOLD.";AND

WHEREAS; THE UNITED STATES IN ACCORDANCE WITH THE TRUSTEESHIP AGREEMENT, THE UNITED NATIONS CHARTER AND THE OBJECTIVES OF THE INTERNATIONAL TRUSTEESHIP SYSTEM,HAS PROMOTED THE DEVELOPMENT OF THE PEOPLES OF THE TRUST TERRITORY TOWARD SELF-GOVERNMENT OR INDEPENDENCE AS APPROPRIATE TO THE PARTICULAR CIRCUMSTANCES OF THE TRUST TERRITORY AND ITS PEOPLES AND THE FREELY EXPRESSED WISHES OF THE PEOPLE CONCERNED;AND

WHEREAS; THE KASIGLUK ELDERS CONFERENCE SEEK OF THE PRESIDENT OF UNITED STATES OF AMERICA RONALD W. REAGAN, THE SECRETARY OF THE INTERIOR, DONALD PAUL HODEL AND IN CONSULTATION WITH SECRETARY OF STATE GEORGE SCHULTZ, TO INTRODUCE AND IMPLEMENT 48 U.S.C. 1681;AND

BE IT FINALLY RESOLVED THAT PRESIDENT RONALD W. REAGAN SUBMIT TO THE CONGRESS A COMPACT OF FREE ASSOCIATION FOR THE ARCTIC TERRITORY AND THAT THE KASIGLUK ELDERS CONFERENCE HOST THE CONFERENCE SET FORTH UNDER SEC. 303 OF PUBLIC LAW 99-239- JANUARY 14, 1986.COMPACT OF FREE ASSOCIATION ACT OF 1985.

THE FOLLOWING PREAMBLE AND ARTICLES WILL BE THE INITIAL AGENDA OF THE CONFERENCE. PURSUANT TO TITLE II OF PUBLIC LAW 99-239 JAN 14, 1986, 99 STAT.1772

COMPACT OF FREE ASSOCIATION
PREAMBLE

   THE GOVERNMENT OF THE UNITED STATES OF AMERICA;THE GOVERNMENT OF CANADA;THE GOVERNMENT OF DENMARK;THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS;THE GOVERNMENT OF JAPAN; AND THE GOVERNMENT OF THE ARCTIC TERRITORY:

   AFFIRMING THAT THEIR GOVERNMENTS ARE FOUNDED UPON RESPECT FOR THE HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FOR ALL,AND THAT THE INUIT OF THE ARCTIC TERRITORY HAVE THE RIGHT TO EMPLOY SELF GOVERNMENT,AND

   AFFIRMING THE COMMON INTEREST OF THE UNITED STATES OF AMERICA, CANADA, DENMARK,UNION OF SOVIET SOCIALIST REPUBLICS,JAPAN AND THE INUIT OF THE ARCTIC TERRITORY IN CREATING CLOSE AND MUTUALLY BENEFICIAL RELATIONSHIPS THROUGH FREE AND VOLUNTARY ASSOCIATION OF THEIR RESPECTIVE GOVERNMENTS, AND

   AFFIRMING THE INTEREST OF THE GOVERNMENTS UNITED STATES,CANADA, DENMARK UNION OF SOVIET SOCIALIST REPUBLICS AND JAPAN IN PROMOTING THE ECONOMIC ADVANCEMENT AND SELF-SUFFICIENCY OF THE INUIT OF THE ARCTIC TERRITORY, AND

   RECOGNIZING THAT THEIR PREVIOUS RELATIONSHIPS HAS BEEN BASED ON THE INTERNATIONAL TRUSTEESHIP SYSTEM OF THE UNITED NATIONS CHARTER, AND IN PARTICULAR ARTICLE 76 OF THAT CHARTER, AND THAT PURSUANT TO ARTICLE 76, THE INUIT OF THE ARCTIC TERRITORY HAVE PROGRESSIVELY DEVELOPED THEIR INSTITUTIONS OF SELF GOVERNMENT; AND THAT IN THE EXERCISE OF THEIR SOVEREIGNTY AND SELF DETERMINATION THEY HAVE,THROUGH THEIR FREELY EXPRESSED WISHES, ADOPTED A CHARTER APPROPRIATE TO THEIR PARTICULAR CIRCUMSTANCES,AND

   RECOGNIZING THEIR COMMON DESIRE TO TERMINATE THE TRUSTEESHIP AND ESTABLISH A NEW GOVERNMENT TO GOVERNMENT RELATIONSHIP EACH OF WHICH IS IN ACCORDANCE WITH A NEW POLITICAL STATUS BASED ON THE FREELY EXPRESSED WISHES AS INUIT OF THE ARCTIC TERRITORY ,AND

   RECOGNIZING THAT THE INUIT OF THE ARCTIC TERRITORY HAVE THEIR SOVEREIGNTY AND THEIR SOVEREIGN RIGHT TO SELF DETERMINATION,AND THE INHERENT RIGHT TO ADOPT AND AMEND THEIR CHARTER, AND THAT THE APPROVAL AND ENTRY OF THEIR RESPECTIVE GOVERNMENTS INTO THIS COMPACT OF FREE ASSOCIATION BY THE INUIT OF THE ARCTIC TERRITORY CONSTITUTES AN EXERCISE OF THEIR SOVEREIGN RIGHT TO SELF-DETERMINATION,

NOW THEREFORE, AGREE TO ENTER INTO A RELATIONSHIP OF FREE ASSOCIATION WHICH PROVIDES A FULL MEASURE OF SELF GOVERNMENT FOR THE INUIT OF THE ARCTIC TERRITORY,AND FURTHER AGREE THAT THE RELATIONSHIP OF FREE ASSOCIATION DERIVES AND IS SET FORTH IN THIS COMPACT, AND THAT DURING SUCH RELATIONSHIP OF FREE ASSOCIATION THE RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE GOVERNMENTS OF THE UNITED STATES ,CANADA, DENMARK, UNION OF SOVIET SOCIALIST REPUBLICS,JAPAN AND THE GOVERNMENTS OF FREE ASSOCIATION OF THE ARCTIC TERRITORY ARE MAINTAINED.

   DONE AT NEW YORK CITY, NEW YORK, UNITED STATES OF AMERICA, THE 12TH DAY OF OCTOBER, 1992 FOR THE GOVERNMENT OF THE UNITED STATES.

DONE AT OTTAWA, CANADA, THE 12TH DAY OF OCTOBER , 1992 , FOR THE GOVERNMENT OF CANADA.

   DONE AT COPENHAGEN, DENMARK ,THE 12TH DAY OF OCTOBER, 1992 , FOR THE GOVERNMENT OF DENMARK.

   DONE AT MOSCOW, UNION OF SOCIALIST SOVIET REPUBLICS,THE 12TH DAY OF OCTOBER, 1992, FOR THE UNION OF SOCIALIST SOVIET REPUBLIC.

   DONE AT TOKYO, JAPAN, THE 12TH DAY OF OCTOBER, 1992, FOR THE GOVERNMENT OF JAPAN.

   DONE AT BARROW, ARCTIC, THE 12TH DAY OF OCTOBER, 1992,FOR THE INUPIAQ OF THE ARCTIC.

   DONE AT KASIGLUK AND PROVIDENIA, ARCTIC, THE 12TH DAY OF OCTOBER, 1992 FOR THE YUPIC OF THE ARCTIC.

   DONE AT NUUK, ARCTIC, THE 12TH DAY OF OCTOBER, 1992 FOR THE KALAALLIT OF THE ARCTIC.

   DONE AT KUUJJUAQ, ARCTIC, THE 12TH DAY OF OCTOBER, 1992, FOR THE INUIT OF THE ARCTIC.

TITLE II-COMPACT OF FREE ASSOCIATION PURSUANT TO 99 STAT.1772 PUBLIC LAW 99-239- JAN.14, 1986 SEC. 201. COMPACT OF FREE ASSOCIATION.

TITLE ONE-GOVERNMENTAL RELATIONS

ARTICLE I-SELF-GOVERNMENT.
ARTICLE II-FOREIGN AFFAIRS.
ARTICLE III-COMMUNICATIONS.
ARTICLE IV-IMMIGRATION.
ARTICLE V-REPRESENTATION.
ARTICLE VI-ENVIRONMENTAL PROTECTION.
ARTICLE VII-GENERAL LEGAL PROVISIONS.

TITLE TWO-ECONOMIC RELATIONS

ARTICLE I-GRANT ASSISTANCE.
ARTICLE II-PROGRAM ASSISTANCE.
ARTICLE III-ADMINISTRATIVE PROVISIONS.
ARTICLE IV-TRADE,
ARTICLE V-FINANCE AND TAXATION.

TITLE THREE- SECURITY AND DEFENSE RELATIONS

ARTICLE I-AUTHORITY AND RESPONSIBILITY.
ARTICLE II-DEFENSE FACILITIES AND OPERATING RIGHTS.
ARTICLE III-DEFENSE TREATIES AND INTERNATIONAL SECURITY AGREEMENTS.
ARTICLE IV-SERVICE IN ARMED FORCES OF THE UNITED STATES
ARTICLE V-GENERAL PROVISIONS'

TITLE FOUR-GENERAL PROVISIONS

ARTICLE I-APPROVAL AND EFFECTIVE DATE.
ARTICLE II-CONFERENCE AND DISPUTE RESOLUTION
ARTICLE III-AMENDMENT.
ARTICLE IV-TERMINATION.
ARTICLE V-SURVIVABILITY.
ARTICLE VI-DEFINITION OF TERMS
ARTICLE VII-CONCLUDING PROVISIONS.

SECTION 202 JURISDICTION.