Thanks Jimson. Yes, there are some limitations, but the basic principle is as explained in the text below from the Bureau of Indian Affairs. Thus, their "nationhood status" cannot be said to be "sub-national" in the U.S. We realize this may not be the case in other countries. I'm sure the UN's Special Rapporteur on Indigenous Peoples has a great deal more information. Though I represented federally-registered tribes in the US for over ten years when still practicing law, I am not an expert. We would of course need to recruit indigenous representatives to participate and we are working on that. (For clarity, I retired from the practice of law in 2023 and have no financial interest behind my comments.) "What is the legal status of American Indian and Alaska Native tribes? "Article 1, Section 8 of the United States Constitution vests Congress, and by extension the Executive and Judicial branches of our government, with the authority to engage in relations with the tribes, thereby firmly placing tribes within the constitutional fabric of our nation. When the governmental authority of tribes was first challenged in the 1830's, U. S. Supreme Court Chief Justice John Marshall articulated the fundamental principle that has guidPed the evolution of federal Indian law to the present: *That tribes possess a nationhood status and retain inherent powers of self-government." (emphasis added)* Please advise if you have any ideas for inclusion moving forward as I know you are on the IMSB! (congrats!) Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Mon, Jul 28, 2025 at 11:16 AM Jimson Olufuye, PhD. < jolufuye@kontemporary.net.ng> wrote:
Hi Ann,
Thanks for the feedback.
For clarity, do you mean, for example, that the indigenous people make decisions for their defence, foreign affairs, and currency, among others? Does the sovereignty recognition imply that they operate independently of the country within which they're recognised?
Thanks.
Jimson
Member of the IMSB
On 2025-07-28 03:22, Anne ICANN via wsis20 wrote:
Thanks, Jen, to you and the IMSB, for circulating this prior to the July 29 session. This is quite comprehensive. We appreciate all the effort!
Just one note with respect to Item 4 of the document in relation to "engagement at the sub-national level" which mentions indigenous communities. In the U.S. at least, numerous Indigenous Peoples cannot be characterized as "sub-national" or "local" in nature. They are recognized by our Supreme Court opinions and the Bureau of Indian Affairs as self-governing sovereign nations. (I understand the UN may take a different, more generalized approach.)
I have provided written comment to the Co-Facilitators on the Elements Paper regarding the need to prioritize full participation by Indigenous Peoples in the WSIS+20 process as set forth in the UN Resolution on the Rights of Indigenous Peoples Paragraph 46 (pasted below again for convenience.)
Thanks again to the IMSB for all the hard work. Looking forward to the session on Tuesday! Anne
FROM THE UN RESOLUTION ON THE RIGHTS OF INDIGENOUS PEOPLES: 46. Recalls the report of the Secretary-General on enhancing the participation of Indigenous Peoples’ representatives and institutions in meetings of relevant United Nations bodies on issues affecting them and recalls with appreciation the work led by the Presidents of the General Assembly at its seventieth to seventy-fifth sessions in conducting consultations with Member States, Indigenous Peoples’ representatives and institutions from all regions of the world and existing mechanisms of the United Nations on possible measures to enable the participation of Indigenous Peoples’ representatives and institutions in meetings of relevant United Nations bodies on issues affecting them, which led to the adoption of Assembly resolution 71/321, taking into account the achievements in that regard of other bodies and organizations throughout the United Nations system, to be preceded by consultations with Indigenous Peoples’ representatives and institutions from all regions of the world as an input to the intergovernmental process;
Anne Aikman-ScaleseGNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com
On Fri, Jul 25, 2025 at 4:12 PM jen--- via wsis20 <wsis20@icann.org> wrote:
Dear All,
I am pleased to share this submission by the Informal Multistakeholder Sounding Board (IMSB).
It is intended to highlight what we have understood to be the priorities, issues, concerns, and suggestions of a broad range of non-governmental stakeholders in discussions and publications over the past months. It is not intended to be comprehensive, nor does it attempt to reconcile conflicting points where we have felt that those positions merit further consideration. Nor is it intended to replace respective stakeholder submissions on the Elements Paper, and we take this opportunity to recognize the many thoughtful, multistakeholder discussions that have taken place in recent months. We have endeavoured in this submission to highlight concrete proposals and ideas to facilitate the next step of the WSIS+20 review process, namely the development of a Zero Draft of the UNGA WSIS+20 Outcome Document.
Best,
Jen on behalf of the IMSB_______________________________________________
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