Why Treaties Matter | NPR

Summary

This transcript discusses the importance and ongoing relevance of treaties between Native American nations and the U.S. government. It emphasizes that treaties are agreements between sovereign nations, not 'special rights' granted to indigenous peoples. The speaker highlights that many treaties have been broken but remain legally valid as the 'supreme law of the land' under the U.S. Constitution. The transcript also points out the lack of public understanding about treaties and calls for better education on the subject. The Dakota Access Pipeline is cited as a modern example of treaty violations.

Takeaways

• 📜 **Treaties as Agreements**: Treaties are fundamental agreements between sovereign nations, including over 300 made by the U.S. with American Indian Nations.
• 🌎 **Sovereignty Assertion**: The U.S. used treaties with Native Nations to assert its sovereignty and gain recognition from other countries post-independence.
• 🤔 **Misconceptions**: There's a common misunderstanding that treaties granted special rights to indigenous nations, when in fact, they often involved Native Nations giving rights to the U.S.
• 🏡 **Land Rights**: Treaties often involved Native Nations relinquishing land and resource rights for the preservation of their way of life.
• 📚 **Educational Oversight**: There's a lack of understanding that many people live on land where they have rights due to treaties granted by Native Nations.
• 🏞️ **Relationship Rights**: The rights reserved in treaties are not just property rights but also relationship rights to land, water, and the environment, deeply rooted in cultural traditions.
• 🛡️ **Protective Role of Treaties**: Treaties have been a tool for indigenous nations to resist forces that sought to erase their presence from the continent.
• 📉 **Broken Promises**: Many treaties have been broken, and there's a push to disregard them as outdated, despite their ongoing relevance.
• 🏛️ **Supreme Law**: The U.S. Constitution recognizes treaties as the supreme law of the land, equating their status with that of the Constitution itself.
• 🔄 **Relevance and Reciprocity**: Treaties are not just historical documents but living, relevant agreements that require mutual respect and adherence from both parties.
• 🌐 **Modern Violations**: Instances like the Dakota Access Pipeline highlight ongoing treaty violations and the need for recognition of treaty rights in contemporary issues.
• 📘 **Educational Reform**: There's a call for educational curriculums that accurately represent the nature and significance of Indian Treaties, similar to how the U.S. Constitution is taught.
• 👵 **Honoring Ancestors**: The responsibility to honor the ancestors who negotiated treaties for cultural and lifestyle protection is a daily reminder for indigenous people.
• 🌿 **Living Documents**: Treaties are considered living documents because indigenous tribes continue to uphold and breathe life into their terms and promises.

Q & A

What is the fundamental nature of a treaty?

A treaty is fundamentally an agreement between two nations, specifically made between sovereign governments.

How many treaties has the U.S. made with American Indian Nations?

The United States has made more than 300 treaties with American Indian Nations.

What was one of the reasons the U.S. made treaties with Native Nations?

The U.S. made treaties with Native Nations as a way to assert its sovereignty and demonstrate to other countries, like Britain and Europe, that it had the authority to make such agreements.

What is the common misconception about the purpose of treaties with indigenous nations?

The common misconception is that treaties gave status, standing, or land to indigenous nations. In reality, they were largely agreements where native nations gave rights to the United States.

How do treaties relate to the rights of people living in the U.S.?

Many people may not realize that wherever they live, there's likely a treaty that grants them the right to live there, rights that were granted by native nations.

What did native nations often relinquish in treaties?

Native nations often relinquished the majority of their land rights, land holdings, and resource holdings in treaties.

How are the rights reserved in treaties typically defined by U.S. courts?

The rights reserved in treaties are more easily defined by U.S. courts as property rights.

What is a more accurate way to define the rights reserved in treaties according to indigenous perspectives?

From an indigenous perspective, the rights are better defined as relationship rights to the land, water, and all the beings that they hunt, fish, and share the world with.

Why are treaties still important today?

Treaties are important today because they are living documents that tribes continue to breathe life into, and they help protect indigenous peoples from forces that would like to erase them from the continent.

How does the U.S. Constitution view treaties?

The U.S. Constitution recognizes that once a treaty is signed and ratified by the Senate, it becomes the 'supreme law of the land,' meaning it is as alive and relevant as the Constitution itself.

What is a real-world example of treaty violations in recent times?

The Dakota Access Pipeline is an example of a violation of the 1868 and 1851 treaties of the United States with the Lakota Nation at Standing Rock, demonstrating that treaty violations are still a present concern.

What is the role of non-native peoples in relation to treaties?

Non-native peoples are treaty partners, and as descendants of the treaty signers, they have a responsibility to uphold and respect the agreements made.

Why is it important to include accurate information about treaties in educational curriculums?

Including accurate information about treaties in educational curriculums is important to reflect the reality of what an Indian Treaty is, to educate about shared history, and to promote mutual respect among all parties involved.

How do indigenous people view the treaties negotiated by their ancestors?

Indigenous people view the treaties negotiated by their ancestors as a responsibility and a way of life, honoring those who fought to protect their culture and way of life.