LAKOTA TIYOSPAYE COUNCIL

                            OF THE

                         LAKOTA NATION

                               ~                         

 

 

            1ST SESSION - CONFERENCE FOR SELF-GOVERNMENT

                          EAGLE BUTTE

                          SOUTH DAKOTA

                          RESOLUTION 93-01

 

                  CHARTER FOR SELF-GOVERNMENT

 

 

WHEREAS,  HUMAN RIGHTS ARE SACRED, BASIC, FUNDAMENTAL, AND NON    NEGOTIABLE; AND,

 

WHEREAS,  THERE EXISTS AN INDEFINITE NUMBER OF INDIGENOUS      ABORIGINAL SOVEREIGN LAKOTAS RESIDING IN THE TERRITORIES OF THE LAKOTAS, AS DEFINED BY TRADITIONAL USE, MARKERS.

 

WHEREAS,  THE TERM "LAKOTA" MEANS A PERSON OF NATURAL INDIGENOUS LAKOTA DESCENT AND OTHERS RECOGNIZED BY THE LAKOTAS AS MEMBERS OF THEIR GROUP; AND,

     THE TERM "ELDERS" MEANS KEEPERS OF KNOWLEDGE; AND

     THE TERM "SELF DETERMINATION" MEANS THE INDIVIDUAL AND COLLECTIVE RIGHT TO CHOOSE ONES DESTINY (IN COMPLIANCE WITH THE PROVISIONS OF THE UNITED NATIONS CHARTER ARTICLE 73); AND,

     THE TERM "SELF GOVERNMENT" MEANS THE INDEPENDENT GOVERNMENT OF AND FOR THE LAKOTAS (ACCORDED IN THE PROVISIONS OF THE UNITED NATIONS CHARTER ARTICLE 73); AND,

     THE TERM "LAKOTA" MEANS THE INDIGENOUS ABORIGINAL SOVEREIGN   NATION ESTABLISHED SINCE TIME IMMEMORIAL; AND,

 

WHEREAS,  THE LAKOTAS, HAVE NEVER RELINQUISHED THEIR VALID,    EXISTING, INDIGENOUS ABORIGINAL SOVEREIGN TITLES AND RIGHTS, BY WRITTEN RESOLUTION, IMPLIED CONSENT, DISCOVERY, CONQUEST, CESSION, TREATIES, STATUTES, COURT ORDER, OR TERRA NULLIUS; AND,

 

WHEREAS,  THE LAKOTAS ARE SOVEREIGN AND RECOGNIZE THEIR INHERENT RIGHT TO SELF-DETERMINATION AND SELF-GOVERNMENT, PURSUANT TO THE INTERNATIONAL TRUSTEESHIP SYSTEM, THE UNITED NATIONS CHARTER DECLARATIONS AND CONVENTIONS, AND THE UNITED STATES CONGRESSIONAL ACTS; AND,

 

WHEREAS,  ONLY THE LAKOTAS HAVE THE AUTHORITY TO MAKE SELF-    DETERMINATION DECISIONS, AND HEREBY ENDORSE THE INTERNATIONALLY RECOGNIZED PRINCIPLES OF SELF-DETERMINATION; AND,

 

 

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WHEREAS,  THE LAKOTAS, HAVE THE RIGHT TO BE PROTECTED BY THEIR TRADITIONAL GOVERNMENT, AND INFORMED ON ALL MATTERS PERTAINING TO THEIR RIGHTS UNDER INDIGENOUS ABORIGICAL SOVEREIGN TITLE, AND TO SECURITY PROTECTION OF THOSE INHERENT RIGHTS, TO SUBSIST BY HUNTING, FISHING, HARVESTING, GATHERING, PROPAGATING, AND MIGRATING; AND,

 

WHEREAS,  THE LAKOTAS HAVE SUCCESSFULLY APPLIED AND INCORPORATED THEIR CREDENTIALS IN LAKOTA SCIENCE AND ITS APPLIED PHYSICS, WHICH IS DEFINED AND INCORPORATED WITHIN THE LAKOTA LANGUAGE; AND,

 

WHEREAS,  THE LAKOTAS SET POLICY BY CONSENSUS FOR THE     ADMINISTRATION OF GOVERNMENT AFFAIRS AND SERVICES, TO THEIR SOVEREIGN BAND AND TRIBAL MEMBERS; AND,

 

WHEREAS,  FULL  LEGISLATIVE,  JUDICIAL, AND ADMINISTRATIVE     FUNCTIONS OF GOVERNMENT ARE WHOLLY VESTED IN THE LAKOTAS; AND,

 

WHEREAS,  THE FULL/PLENARY POWERS VESTED IN THE LAKOTAS ARE    PROTECTED AND SECURED BY INTERNATIONAL LAWS, TREATIES, AND CONGRESSIONAL ACTS OF THE UNITED STATES OF AMERICA; AND,

 

WHEREAS,  THE GOVERNMENTS OF THE LAKOTAS SHALL BE CREATED BY AND THROUGH THE AUTHORITY OF THE LAKOTA NATION, FOR THE PROTECTION OF THEIR FUNDAMENTAL AND BASIC HUMAN RIGHTS; AND,

 

WHEREAS,  THE LAKOTAS RECOGNIZE THEIR INHERENT RIGHT OF LOCAL SELF-DETERMINATION AND SELF-GOVERNANCE; AND,

 

WHEREAS,  THE LAKOTAS RECOGNIZE THE DISPLACEMENT,    DISORIENTATION,AND CULTURAL DISINTEGRATION OF THE LAKOTAS, AND HAVE NOT ABANDONED THEIR SOVEREIGN BAND OR TRIBAL MEMBERS, AND RECOGNIZES THEIR LINGUISTIC KINSHIP RELATION THRU GENEALOGICAL IDENTIFICATION; AND,

 

WHEREAS,  THE LAKOTAS ACCEPT THE RESPONSIBILITY TO RESTORE,    REPAIR, PROTECT, AND ADVANCE LAKOTA RIGHTS, ON AN INTERNATIONAL, GLOBAL, AND LOCAL LEVEL; AND,

 

WHEREAS,  ALL ORGANIC AND IN-ORGANIC RESOURCES WITHIN THE LAKOTA JURISDICTION ARE NECESSARY FOR THE PHYSICAL HEALTH AND WELL-BEING OF THE LAKOTAS; AND,

 

WHEREAS,  THE LAKOTAS ASSEMBLE(D) TO DISCUSS AND REVIEW THE IMPACT OF DIRECT INPUT, INTO THE DECISION MAKING PROCESS, AS IT RELATES TO SELF-DETERMINATION, SELF-GOVERMENT, AND THE COOPERATIVE MANAGEMENT OF NATURAL RESOURCES; AND,

 

 

 

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WHEREAS,  THE LAKOTAS HAVE THE INALIENABLE RIGHT TO BE FREE FROM GOVERNMENTAL VIOLATIONS OF INTEGRITY OF THE PERSON, ASSEMBLY, RELIGION, AND MOVEMENT WITHOUT DISCRIMINATION BASED ON RACE, ANCESTRY, OR SEX, AND TO CHANGE THEIR GOVERNMENT BY PEACEFUL MEANS; AND,

 

WHEREAS,  THE MAINTENANCE AND PERPETUATION OF THE INDIGENOUS ABORIGINAL SOVEREIGN LAKOTA RELIGIOUS CREED, BELIEFS, DOCTRINES, PRACTICES, CUSTOMS, AND RITUALS, IS ESSENTIAL TO MAINTAIN THEIR NATIONALITY, AND BASIC HUMAN RIGHTS; AND,

 

WHEREAS,  THE LAKOTAS RECOGNIZE AND ARE AGREEABLE WITH THE     PRINCIPLES OF THE UNIVERSAL DOCTRINE OF HUMAN RIGHTS, AND THE UNITED NATIONS DECLARATIONS AND COVENANTS, IN PARTICULAR, THE DECLARATION OF THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES; DECLARATION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION; CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE; PRINCIPLES OF INTERNATIONAL CO-OPERATION IN THE DETECTION, ARREST, EXTRADITION AND PUNISHMENT OF PERSONS GUILTY OF WAR CRIMES AND CRIMES AGAINST HUMANITY; DECLARATION ON THE PROTECTION OF ALL PERSONS FROM BEING SUBJECTED TO TORTURE AND OTHER CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT; DECLARATION OF BASIC PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER; DECLARATION ON TERRITORIAL ASYLUM; DECLARATION ON THE HUMAN RIGHTS OF INDIVIDUALS WHO ARE NOT NATIONALS OF THE COUNTRY IN WHICH THEY LIVE; DECLARATION ON THE PROTECTION OF WOMEN AND CHILDREN IN EMERGENCY AND ARMED CONFLICT; DECLARATION ON SOCIAL AND LEGAL, PRINCIPLES RELATING TO THE PROTECTION AND WELFARE OF CHILDREN, WITH SPECIAL REFERENCE TO FOSTER PLACEMENT AND ADOPTION NATIONALLY AND INTERNATIONALLY; UNIVERSAL DECLARATION ON THE USE OF SCIENTIFIC AND TECHNOLOGICAL PROGRESS IN THE INTERESTS OF PEACE AND FOR THE BENEFIT OF MANKIND; DECLARATION ON THE RIGHT OF PEOPLES TO PEACE; DECLARATION ON THE RIGHT TO DEVELOPMENT; AND THE DECLARATION OF THE PRINCIPLES OF INTERNATIONAL CULTURAL CO-OPERATION; AND,

 

WHEREAS,  THE LAKOTAS FIND THAT THE MAIN ISSUES AFFECTING THEIR CULTURAL, ECONOMIC, AND SOCIO-POLITICAL RIGHTS AS LAKOTAS, ARE BEING IGNORED AND CONFUSED, OFTEN TIMES WILLFULLY, AND THAT THIS BREACH OF TRUST IS LENDING TO CONTINUED INTERNATIONAL CORPORATE MIS-MANAGEMENT OF RESOURCES RESERVED FOR THE INDIGENOUS ABORIGINAL SOVEREIGN TITLE HOLDERS, AND;

 

WHEREAS,  THE CONFUSION OF THE APPLICATION OF FULL/PLENARY     JURISDICTION DUE TO THE LACK OF RECOGNITION OF INDIGENOUS ABORIGINAL SOVEREIGN LAKOTA AUTHORITY, COULD CREATE IRREPARABLE DAMAGE TO THE SOVEREIGN INTERESTS OF THE UNITED STATES OF AMERICA AND THE SOVEREIGN LAKOTA NATION; AND,

 

 

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WHEREAS,  THE LAKOTAS ARE IN AGREEMENT THAT CULTURAL SURVIVAL IS CRITICALLY BASED ON HUMAN RIGHTS TO DEVELOP SELF-SUFFICIENT, AND SELF-RELIANT ECONOMIES; AND,

 

WHEREAS,  THERE HAS BEEN A CIRCUMVENTION OF INDIGENOUS ABORIGINAL SOVEREIGN AND INALIENABLE TITLE RIGHTS, THAT HAS DENIED THE LAKOTAS THEIR INTEGRITY, AS WELL AS PERSONAL, POLITICAL, CIVIL CULTURAL, AND ECONOMIC RIGHTS, WHICH HAS ACCOMMODATED AND PROMOTED THE DESECRATION AND EXPLOITATION OF THEIR LANDS, TERRESTRIAL WATERS, FISHERIES, AND OTHER MINERAL, ORGANIC AND IN-ORGANIC NATURAL RESOURCES; AND,

 

WHEREAS,  THE LAKOTAS HAVE WITNESSED, REPORTED TO, AND HELD IN EVIDENCE THEREOF, OF THE INTENT AND INADEQUACIES OF THE LAKOTA TREATY OF 1871, AND ITS FAILURE TO EFFECT MEANINGFUL REHABILITATION AND FORCING THE LAKOTAS TO BE SELF-DISCRIMINATING BY BLOOD QUANTUM, BY NON-SETTLEMENT AND RE-SETTLING THEM ON MARGINAL AND AT TIMES UN-INHABITABLE LANDS; AND,

 

WHEREAS,  ALTHOUGH THE LAKOTAS, ARE VOLUNTARY PARTICIPANTS TO THE LOKOTA TREAT OF 1871, AS AMEMDED UNDER AN IMPLIED U.S. ADMINISTRATIVE TRUST, THE LAKOTAS HAVE NOT ABANDONED THEIR CUSTOMARY BAND OR TRIBAL RELATIONSHIPS AND INHERENT INDIGENOUS ABORIGINAL SOVEREIGN TITLE RIGHTS TO RE-ASSERT THE SOVEREIGN AUTHORITY AND SUZERZAIN TRUST; AND,

 

WHEREAS,  THE LAKOTAS WITH CLEAR INTENT TO PURSUE RESTORATION OF UNEXTINGUISHED INDIGENOUS ABORIGINAL SOVEREIGN TITLE RIGHTS, AND SUZERAIN TRUST FUNCTIONS, DECREE THE INADEQUACIES OF THE LAKOTA TREATY OF 1871, AS CONSTITUTING A FAILED ADMINISTRATIVE ATTEMPT TO ASSIMILATE AND RE-CULTURE LAKOTAS; AND,

 

WHEREAS,  THE GENOCIDAL FAILURE OF FEDERAL AND STATE      ADMINISTRATIVE TRUST CONSTITUTE A MULTIPLE DEPRIVATION OF HUMAN AND INALIENABLE RIGHTS OF LAKOTAS BY ITS EFFACIOUS ATTEMPTS TO FURTHER LIMIT THE SCOPE OF CULTURAL, ECONOMIC, AND POLITICAL COMPATIBILITY, BY FOSTERING INHUMANE ATTITUDES, PERPETRATING CULTURAL, ECONOMIC, AND POLITICAL GENOCIDE, AND;

 

WHEREAS,  THE LAKOTAS PLEDGE TO UPHOLD THE INTERNATIONAL TRUSTEESHIP SYSTEM AS IT CAN PROMOTE THE DEVELOPMENT OF SELF-RELIANT, SUFFICIENTLY SELF-GOVERNING TERRITORIES BY RECOGNIZING INDIGENOUS ABORIGINAL SOVEREIGN TITLE, BASED ON PRIOR RIGHTS OF USE AND OCCUPANCY; AND,

 

 

 

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WHEREAS,  THE INTERNATIONAL COVENANTS OF THE CONVENTION OF THE PREVENTION AND THE PUNISHMENT OF THE CRIME OF GENOCIDE, AND THE DOCTRINE OF HUMAN RIGHTS, WAS RATIFIED ON FEB. 19, 1986, BY THE CONGRESS OF UNITED STATES OF AMERICA, AND FURTHER IMPLEMENTED BY UNITED STATES PUBLIC LAW 100-606, THE PROXMIRE ACT, NOV. 4, 1988, RONALD REAGAN, ESTABLISHING GENOCIDE AS A CRIMINAL ACT, AND ENFORCEABLE BY THE U.S. FEDERAL GOVERNMENT, WITHIN ITS BOUNDARIES, WHEREBY PROHIBITING, POLITICAL, CULTURAL, AND ECONOMIC GENOCIDE:

 

 NOW,

 

     THEREFORE BE IT RESOLVE THAT, THE LAKOTAS, ACTING BY AND UNDER THEIR INHERENT AND UNEXTINGUISHED INDIGENOUS ABORIGINAL SOVEREIGN TITLES AND RIGHTS, ASSERT THEIR SOVEREIGN AUTHORITY AND SUZERAIN TRUST RESPONSIBILITIES THROUGHOUT THEIR TRADITIONAL SOVEREIGN TERRITORIES; AND,

 

  BE IT,  FURTHER RESOLVED THAT, THE LAKOTAS RECOGNIZE THEIR INHERENT AND TRADITIONAL RIGHT TO SELF-GOVERNMENT, AND FURTHER AFFIRM WITH FULL/PLENARY POWERS, TO PROTECT AND SECURE THEIR INHERENT UNEXTINGUISHED RIGHTS AND TITLES PURSUANT TO CUSTOMS OF RELIGION, ECONOMICS AND POLITICS, PURSUANT TO INTERNATIONAL LAWS, AND UNITED NATIONS DECLARATIONS AND COVENANTS; AND,

 

  BE IT,  FURTHER RESOLVED THAT, THE LAKOTAS ASSERT THEIR      SOVEREIGN JURISDICTION AND FULL/PLENARY AUTHORITY AND DECLARE THAT ANY INTERFERENCE WITH THAT JURISDICTION WITHOUT THE CONSENT OF THE SOVEREIGN LAKOTA COUNCILS OF THE LAKOTA NATION, TO BE IN DIRECT VIOLATION OF THEIR INHERENT RIGHT TO GOVERN; AND,

 

  BE IT,  FURTHER RESOLVED THAT THE LAKOTAS, ADOPT INTO THEIR CHARTER FOR SELF-GOVERNMENT, THE UNITED NATIONS DECLARATIONS AND CONVENTIONS; AND,

 

  BE IT,  FINALLY RESOLVED THAT, THE LAKOTAS AS DESCENDANTS WITH ~UNDIVIDED INTEREST TO THE LAKOTA NATION DECLARE AND RECOGNIZE THE ASSERTIONS OF OTHER INDIGENOUS ABORIGINAL SOVEREIGN NATIONS AND THEIR RESPECTIVE NON-COLONIAL GOVERNMENTAL ORGANIZATIONS AS VALID, SO LONG AS THOSE ORGANIZATION DO NOT UNDERMINE THE PRINCIPLES OF INDIVIDUAL SOVEREIGN HUMAN RIGHTS, AND THE RIGHTS OF LAKOTAS TO EFFECT THE RE-ESTABLISHMENT OF INDEPENDENT SELF-GOVERNING INSTITUTIONS WITHIN THE LAKOTA NATION.

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