9.1 Indigenous governance structures

Indigenous governance structures have evolved over centuries, reflecting unique cultural values and community needs. Traditional roles like hereditary chiefs, clan mothers, and elders held authority based on lineage, knowledge, and responsibility to serve the people rather than personal power.

Colonial policies disrupted these systems, imposing foreign electoral models and undermining cultural continuity. Today, Indigenous nations are revitalizing traditional governance while navigating modern challenges, asserting self-determination through land claims, self-government agreements, and nation-to-nation relationships with settler states.

Traditional leadership roles

• Traditional leadership roles in Indigenous communities were based on cultural values, knowledge, and skills rather than elections or appointments
• These roles evolved over generations to meet the needs of the community and were seen as a responsibility to serve the people rather than a position of power

Hereditary chiefs

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• Hereditary chiefs inherit their title and responsibilities through their lineage and clan affiliation
• Groomed from a young age to learn the necessary cultural knowledge, protocols, and decision-making skills
  • Training often involved mentorship from elders, participation in ceremonies, and oral history
• Seen as stewards of the land and resources with a duty to manage them sustainably for future generations
• Examples include Wet'suwet'en hereditary chiefs in British Columbia and Tlingit clan leaders in Alaska

Clan mothers

• Clan mothers held authority in matrilineal societies where lineage and inheritance was traced through the mother's line
  • Responsible for selecting and advising male chiefs and ensuring they fulfilled their duties to the clan
• Played a central role in decision making, particularly around land use, marriage, and community welfare
• Upheld cultural traditions, stories and medicinal knowledge which they passed to younger generations
• Haudenosaunee clan mothers continue to have an influential role in their nations' governance

Elders and knowledge keepers

• Elders are respected individuals who hold extensive cultural and ecological knowledge gained over their lifetime
  • Often consulted for guidance on important matters and in resolving disputes
• Knowledge keepers are recognized in their communities for their mastery of specific skills or teachings
  • May include language speakers, artists, storytellers, midwives, hunters etc.
• Both elders and knowledge keepers play an essential role in maintaining cultural continuity and guiding the community
• Examples are Inuit Elders advising on climate change adaptation based on traditional knowledge

Indigenous political systems

• Traditional Indigenous governance was characterized by decentralized, consensus-based decision making that prioritized the collective wellbeing
• Political authority was distributed among various roles and institutions according to cultural protocols and values
• Aimed to maintain harmony and balance between humans, nature, and the spirit world

Consensus-based decision making

• Decisions were made through extensive dialogue and deliberation involving all affected parties until consensus was reached
  • Emphasized respect, active listening and considering diverse viewpoints to find common ground
• Consensus building was seen as essential for maintaining social cohesion and ensuring decisions were implemented
• Required skillful facilitation, patience, and at times, accepting disagreement rather than forcing an outcome
• Example: Iroquois Confederacy Grand Council required consensus from all 50 chiefs to pass decisions

Confederacies and alliances

• Indigenous nations formed confederacies and alliances with each other to coordinate military defense, share resources, and maintain peace
  • Based on kinship ties, common interests, and historical relationships rather than colonial borders
• Confederacy structures allowed for shared decision making between member nations while respecting their autonomy
  • Each nation appointed representatives to confederacy councils to deliberate on matters affecting the alliance
• Example: Blackfoot Confederacy united Siksika, Kainai and Piikani nations across Alberta and Montana

Oral constitutions and laws

• Indigenous societies relied on oral traditions to codify their laws, values, and governance practices
  • Laws were transmitted through stories, songs, and teachings that described the origins and workings of their political systems
• Oral constitutions outlined the rights, responsibilities and relationships between people, other living beings, and the land
  • Included protocols for leadership selection, decision making, dispute resolution, and resource management
• Considered binding and authoritative, with leaders and members held accountable for upholding them
• Example: Navajo Nation's oral constitution rooted in the Diné Fundamental Laws

Colonial impacts on governance

• European colonization drastically disrupted and dismantled traditional Indigenous governance systems through various means
• Colonial policies were designed to eradicate Indigenous political structures and impose European-style governments that were easier to control
• The ongoing legacy of these impositions continues to undermine Indigenous self-determination and nation-to-nation relationships

Imposed electoral systems

• Colonial governments introduced foreign electoral systems that were incompatible with Indigenous political traditions
  • Elected band councils and chiefs under the Indian Act replaced traditional hereditary leadership
• Imposition of majority-rule voting clashed with consensus-based decision making processes
• Artificial election districts fragmented Indigenous nations and kinship networks, weakening political unity
• Example: U.S. imposed IRA tribal constitutions requiring elected tribal councils on reservations

Indian Act and tribal councils

• Canada's Indian Act (1876) gave the federal government paternalistic control over all aspects of First Nations life
  • Imposed a generic band council governance system that followed colonial procedures and priorities
• Band councils had limited jurisdiction delegated by the Indian Act under strict federal oversight
  • Could not make decisions about their lands, resources, or finances without approval from Indian agents
• System was designed to suppress traditional governments and facilitate assimilation into Canadian society
• Example: Indian Act band council on Tk'emlúps te Secwépemc reserve in B.C.

Assimilation policies and effects

• Residential schools, religious conversion, land dispossession and other assimilatory tactics targeted Indigenous cultures and identities
  • Undermined the transmission of language, spiritual practices, and traditional knowledge that informed governance
• Banning of Indigenous ceremonies and gatherings prevented communities from engaging in political and legal processes
  • Example: U.S. outlawed potlatch ceremonies in 1884 which were central to governance for Northwest Coast tribes
• Resulting cultural disruption and inter-generational trauma continues to impact political participation and cohesion
• Example: 60s Scoop removed Indigenous children from communities into foster care, severing ties to culture and kin

Contemporary self-determination

• Indigenous peoples are asserting their inherent rights to self-determination and self-government as distinct political communities
• Reclaiming control over governance, lands, and resources through various legal, political and grassroots strategies
• Rebuilding institutions and structures that reflect Indigenous values, laws, and aspirations for future generations

Land claims and treaty rights

• Modern land claims and treaty negotiations aim to restore Indigenous jurisdiction over traditional territories
  • Establishing self-governing nations with authority over lands, resources, and internal affairs
• Asserting rights to hunt, fish, gather medicines and practice culture as guaranteed in historic treaties
  • Example: Mi'kmaq in Atlantic Canada using Peace and Friendship Treaties to uphold fishing rights
• Settling land claims and treaty disputes through courts or negotiations with federal/provincial governments
  • Example: Nunavut Land Claims Agreement (1993) created Inuit-governed territory in Canada

Self-government agreements

• Self-government agreements transfer jurisdiction from federal/provincial governments to Indigenous control
  • Cover areas like membership, land management, education, health services, justice, and taxation
• Establish government-to-government relationships between Indigenous nations and Canada
  • Replacing Indian Act with Indigenous-designed constitutions, laws, and governing institutions
• Example: Nisga'a Final Agreement (1998) in B.C. established Nisga'a Lisims self-government

Indigenous-led institutions

• Indigenous communities are developing their own institutions to deliver services and programs for their people
  • Tribal colleges and universities providing culturally-relevant education and training
  • Health clinics integrating traditional healing with western medicine
  • Child welfare agencies keeping children connected to their culture and communities
• Indigenous financial institutions supporting economic development and entrepreneurship
  • Example: First Nations Bank of Canada owned by Indigenous shareholders
• Asserting control over research, data, and intellectual property to protect cultural knowledge
  • Example: Navajo Nation Human Research Review Board overseeing research on Navajo lands

Challenges in modern context

• Indigenous communities face ongoing challenges in implementing their rights to self-determination and navigating relationships with settler governments
• Balancing the revitalization of traditional governance with the realities of modern nation-to-nation politics
• Overcoming the lasting impacts of colonialism on Indigenous peoples' wellbeing and capacity for self-government

Balancing tradition and modernity

• Integrating traditional values, laws and processes with contemporary governance needs and practices
  • Adapting consensus decision-making for larger populations and more complex issues
• Determining membership/citizenship criteria that align with both kinship traditions and modern human rights
  • Example: blood quantum rules used by some U.S. tribes vs. lineal descent or cultural affiliation
• Navigating the coexistence of hereditary and elected leadership in some communities
  • Example: Wet'suwet'en hereditary chiefs and band councils in Coastal GasLink pipeline conflict

Navigating federal and provincial relations

• Maintaining a nation-to-nation relationship with the federal government while also engaging with provincial/state governments
  • Overlapping jurisdictions and lack of coordination between levels of government
• Accessing equitable funding and resources for self-government initiatives and community needs
  • Chronic underfunding of services like education, housing, water infrastructure on reserves
• Resolving conflicts between Indigenous rights and federal/provincial laws and policies
  • Example: disputes over energy projects that infringe on Indigenous lands and environmental concerns

Capacity building and funding

• Overcoming the legacy of colonial policies that undermined Indigenous institutions and governance capacity
  • Residential schools disrupted the transmission of leadership skills and political knowledge
• Training new generations of Indigenous leaders, administrators, and technical experts
  • Supporting youth to pursue post-secondary education and gain professional skills
• Securing adequate, sustainable funding for self-government operations and community development
  • Moving beyond project-based funding to long-term, flexible fiscal arrangements
• Example: Mi'kmaq-Nova Scotia-Canada Tripartite Forum developing Mi'kmaq governance capacity

Revitalization and resurgence

• Indigenous communities are revitalizing their traditional governance systems and practices as part of a broader cultural and political resurgence
• Reconnecting with Indigenous languages, laws, and relationships to land as foundations for self-determination
• Asserting inherent sovereignty and nation-to-nation status both domestically and internationally

Language and cultural renewal

• Revitalizing Indigenous languages as carriers of cultural knowledge, laws, and governance principles
  • Language immersion schools, cultural camps, and elder-youth mentoring programs
• Reclaiming and practicing ceremonies, protocols, and decision-making processes
  • Example: resurgence of potlatch ceremonies among West Coast First Nations despite past bans
• Incorporating traditional knowledge and laws into contemporary governance and dispute resolution
  • Example: Navajo peacemaking courts using traditional mediation practices

Youth engagement and mentorship

• Engaging Indigenous youth in governance and community decision-making
  • Youth councils and advisory boards providing input to leadership
• Mentoring and training youth to take on leadership roles in their communities
  • Example: Yukon First Nations' Youth Leadership Training Program
• Providing spaces for youth to learn from elders and knowledge keepers
  • Culture camps, language nests, and land-based education programs
• Encouraging youth to pursue education and gain skills to support their nations' self-determination
  • Example: Indspire's Building Brighter Futures scholarships for Indigenous students

Asserting inherent sovereignty

• Affirming the inherent right to self-determination as sovereign Indigenous nations
  • Not a right granted by colonial governments, but an pre-existing, inalienable right
• Challenging colonial legal and political doctrines that undermine Indigenous sovereignty
  • Example: Idle No More movement resisting legislation that eroded treaty rights and environmental protections
• Engaging in nation-to-nation diplomacy and international advocacy
  • Participating in United Nations forums and mechanisms on Indigenous rights
• Rebuilding traditional governance structures and institutions
  • Example: Haudenosaunee Confederacy reviving traditional decision-making processes

Indigenous governance models

• Indigenous peoples have diverse governance systems and structures that reflect their unique cultures, territories, and political traditions
• These models demonstrate the resilience and adaptability of Indigenous governance in the face of colonial disruption
• Provide inspiration and guidance for other Indigenous communities seeking to revitalize their own governance practices

Haudenosaunee Confederacy structure

• Haudenosaunee (Iroquois) Confederacy united six nations - Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora
  • Based on the Great Law of Peace, an oral constitution that established a federal system of governance
• Confederacy Council composed of 50 hereditary chiefs representing each nation
  • Appointed by clan mothers and held office for life unless removed for misconduct
• Decisions made by consensus among the chiefs, with each nation having a veto power
  • Discussions continued until all concerns were addressed and unity was restored
• Influenced the structure of American democracy and federalism, with some founders drawing on Iroquois ideas

Navajo Nation government system

• Navajo Nation is the largest Indigenous reservation in the U.S. with over 350,000 citizens
• Governed by a three-branch system similar to the U.S. federal government
  • Executive branch led by an elected President and Vice President
  • Legislative branch composed of an 88-member Tribal Council representing 110 chapters
  • Judicial branch with a Supreme Court, district courts, and traditional peacemaking courts
• Incorporates Navajo cultural values and common law into its written constitution and code of laws
  • Example: Fundamental Laws of the Diné (Navajo) guiding government decisions and policies
• Asserts sovereignty through government-to-government relationships with U.S. federal agencies

Sámi parliaments in Scandinavia

• Sámi are the Indigenous people of northern Scandinavia, spanning Norway, Sweden, Finland, and Russia
• Three Sámi parliaments established in Norway (1989), Sweden (1993), and Finland (1996)
  • Elected representative bodies that serve as advisory and consultative forums for Sámi issues
• Advocate for Sámi rights, language, culture, and livelihoods in each respective country
  • Example: Norwegian Sámi Parliament's role in setting policies for reindeer herding and land management
• Aim to secure Sámi self-determination and influence over decisions affecting Sámi interests
  • Consultation agreements with national governments on matters like resource development and education
• Cooperate through the Sámi Parliamentary Council to address common concerns across borders

International Indigenous movements

• Indigenous peoples are organizing across national boundaries to advocate for their rights and self-determination on the global stage
• Participating in international forums and mechanisms to influence policies and norms affecting Indigenous communities worldwide
• Building solidarity networks to share knowledge, strategies, and resources for Indigenous-led initiatives

United Nations Declaration on the Rights of Indigenous Peoples

• UNDRIP adopted by the UN General Assembly in 2007 after decades of Indigenous advocacy
  • Recognizes Indigenous peoples' rights to self-determination, lands, resources, culture, and development
• Establishes a universal framework for Indigenous rights and relations with states
  • Requires states to consult and cooperate with Indigenous peoples to obtain their free, prior and informed consent
• Increasingly cited in court decisions and incorporated into domestic laws and policies
  • Example: B.C. passing legislation to align provincial laws with UNDRIP in 2019
• Provides a tool for Indigenous peoples to hold governments accountable to international human rights standards

Transnational networks and solidarity

• Indigenous peoples forming alliances and networks across borders to share experiences and support each other's struggles
  • Example: International Indigenous Youth Council connecting youth activists from North and South America
• Organizing gatherings and exchanges to build relationships and coordinate advocacy
  • Example: North American Indigenous Peoples' Caucus meeting before UN forums
• Using social media and digital technologies to raise awareness and mobilize international support
  • Example: Idle No More movement sparking solidarity actions in the U.S., Australia, and Europe
• Engaging in collective action to resist extractive industries, environmental destruction, and human rights abuses
  • Example: Mayan communities in Guatemala and Sioux tribes in the U.S. opposing mining projects

Global Indigenous leadership

• Indigenous leaders taking on influential roles in international organizations and forums
  • Example: Victoria Tauli-Corpuz (Igorot) serving as UN Special Rapporteur on the Rights of Indigenous Peoples (2014-2020)
• Advocating for Indigenous rights and perspectives in global policy debates
  • Climate change, biodiversity conservation, sustainable development, intellectual property
• Representing Indigenous nations in nation-to-nation diplomacy with other governments
  • Example: Navajo Nation President Julius Nez addressing UN General Assembly in 2019
• Mentoring and inspiring new generations of Indigenous leaders to engage globally
  • Example: Sámi youth leader Petra Laiti representing Indigenous youth at UN Climate Action Summit in 2019