Unceded Sovereignty: The Enduring Truth of Indigenous Inherent Rights on Turtle Island
The concept of "inherent rights" for Indigenous peoples on Turtle Island – a term encompassing North America – is not a plea for special privilege, but a fundamental assertion of pre-existing sovereignty, culture, and connection to land that predates colonial arrival. These rights are not granted by any government, court, or international body; they are intrinsic, derived from thousands of years of self-governance, distinct cultures, and deep spiritual and practical relationships with their ancestral territories. To understand the ongoing struggles and aspirations of Indigenous nations, one must first grasp the profound and unwavering nature of these inherent rights.
Before the arrival of European settlers, Turtle Island was a vibrant tapestry of diverse Indigenous nations, each with its own sophisticated governance structures, legal systems, economies, languages, and spiritual traditions. From the Haudenosaunee Confederacy with its Great Law of Peace, influencing early American democracy, to the complex social and ceremonial structures of the Kwakwakaʼwakw on the Pacific coast, these societies were self-sufficient, self-determining, and sovereign. Their rights to their lands, resources, and self-governance were absolute, stemming from their original occupation and stewardship of their territories.
The assertion of European sovereignty through the Doctrine of Discovery, a legal and religious concept originating in the 15th century, fundamentally undermined these pre-existing rights. It declared lands "discovered" by Europeans as theirs, regardless of Indigenous presence, effectively erasing millennia of Indigenous nationhood. This act of intellectual and physical dispossession set the stage for centuries of colonial policies designed to assimilate Indigenous peoples, dismantle their governance, and exploit their lands. Yet, despite genocidal policies, residential schools, forced removals, and the imposition of foreign legal systems, the inherent rights of Indigenous peoples were never extinguished. They simply remained unceded.
At the core of inherent rights lies the right to self-determination. As enshrined in Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), "Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." This is not a right to separate from existing states, but rather the right to govern themselves within their traditional territories, to develop their own laws, education systems, healthcare, and justice systems, reflecting their unique worldviews and needs. For many Indigenous nations, this means reclaiming and revitalizing traditional forms of governance that were suppressed by colonial legislation like Canada’s Indian Act or various federal policies in the United States.
Central to self-determination is the inseparable link between Indigenous peoples and their lands, territories, and resources. Article 26 of UNDRIP explicitly states: "Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired." This is not merely about property ownership in the Western sense; it is a profound spiritual, cultural, and economic connection. Land is identity, provider, and teacher. It is where ceremonies are held, medicines are gathered, and ancestral stories are embedded. The relentless pursuit of resource extraction – logging, mining, oil and gas pipelines – often without free, prior, and informed consent, directly violates these inherent land rights and has led to numerous conflicts, such as the Wet’suwet’en struggle against the Coastal GasLink pipeline in so-called British Columbia. The "Land Back" movement, gaining significant momentum, is a direct call for the recognition and return of these traditional territories, not just as property, but as the foundation for renewed Indigenous nationhood and environmental stewardship.
Cultural and linguistic rights are also profoundly inherent. Indigenous languages are not just means of communication; they are repositories of knowledge, history, and spiritual understanding. Colonial policies like the residential school systems in Canada and the Indian boarding schools in the United States actively sought to eradicate Indigenous languages and cultures, imposing English or French and Christian beliefs. The trauma of these institutions is still deeply felt, but Indigenous communities are fiercely working to revitalize their languages, ceremonies, and artistic expressions. This includes establishing immersion schools, cultural centres, and reclaiming sacred sites. The right to practice and transmit these traditions is fundamental to Indigenous identity and resilience.
Economic self-sufficiency, often overlooked, is another critical aspect of inherent rights. Before colonization, Indigenous economies were diverse and thriving, based on sustainable harvesting, trade networks, and sophisticated resource management. Colonial policies deliberately dismantled these systems, forcing dependency on the state. The inherent right to economic development means the right to control and benefit from their traditional lands and resources, to pursue sustainable economic ventures that align with their values, and to overcome the systemic poverty and underdevelopment imposed by historical injustices. This could involve Indigenous-led resource development, tourism, or the re-establishment of traditional food systems.
The recognition and affirmation of inherent rights often manifest through treaty relationships. Many treaties, particularly in Canada, were originally understood by Indigenous nations as nation-to-nation agreements sharing the land, not ceding it. They were meant to ensure mutual respect, co-existence, and the continued exercise of Indigenous sovereignty. However, these treaties were frequently misinterpreted, violated, or ignored by colonial governments, leading to broken promises and ongoing disputes. While treaties do not grant inherent rights, they serve as legal evidence of their existence and provide a framework for their recognition and implementation within contemporary legal systems. In the United States, tribal sovereignty, though often limited by federal plenary power, is a legal concept rooted in the pre-existence of Indigenous nations, recognized through treaties and subsequent legislation.
The journey towards full recognition and implementation of inherent rights is ongoing and fraught with challenges. Legal battles continue in courts across Turtle Island, with Indigenous nations fighting to affirm their title, governance, and resource rights. Landmark cases like Delgamuukw and Tsilhqot’in in Canada have affirmed Aboriginal title, while various Supreme Court decisions in the U.S. have grappled with the scope of tribal sovereignty. However, judicial recognition alone is insufficient; true reconciliation requires political will and fundamental shifts in power dynamics.
The adoption of UNDRIP by Canada in 2021 through the United Nations Declaration on the Rights of Indigenous Peoples Act represents a significant step, committing the government to align its laws with the Declaration. However, legislation is only the beginning; meaningful implementation requires genuine nation-to-nation dialogue, dismantling systemic racism, and addressing the socio-economic disparities that continue to plague Indigenous communities, such as the disproportionate rates of Missing and Murdered Indigenous Women, Girls, and Two-Spirit people (MMIWG2S), the lack of clean drinking water, and inadequate housing and healthcare.
Ultimately, understanding inherent rights means acknowledging the enduring presence and sovereignty of Indigenous nations. It means recognizing that they are not a special interest group, but distinct peoples with pre-existing rights that demand respect and protection. It is about moving beyond colonial narratives of discovery and settlement towards a future built on justice, equity, and genuine partnership. For all inhabitants of Turtle Island, the full recognition and implementation of Indigenous inherent rights are not just an Indigenous issue; they are a fundamental human rights imperative and the cornerstone for building a truly just and reconciled society. The truth of unceded sovereignty echoes across the land, calling for a future where Indigenous nations can thrive, self-determine, and continue to care for their ancestral territories as they have done for millennia.
