San Diego International Law Journal Issue Search
|Title||Divided We Stand: The Haudenosaunee, Their Passport and Legal Implications of Their Recognition in Canada and the United States|
|Author(s)||Nicole Terese Capton Marques|
|Abstract||There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, “border tribes”). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty’s free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living on the opposite side of the border from where they are recognized, and eligible for enrollment as an “Indian.”
Turning to the international forum, Part IV will analyze the current regulatory systems as they function for the Haudenosaunee in light of international human rights documents, such as the Charter of the United Nations (U.N. Charter), the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. This section will include an analysis of the provision for “self-determination” in the newly minted Declaration on the Rights of Indigenous Peoples and its connection to the validity of the Haudenosaunee’s passport claims. Finally, Part V provides concluding recommendations for new, harmonized legislation by both federal governments, including the possibility of an international agreement to create and support the issuance of a Haudenosaunee passport.