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What is a treaty with indigenous peoples?

A treaty is a formal agreement between nations. Colonial powers and later governments signed treaties with indigenous nations, usually to obtain land or peace in return for reserved lands, payments and protected rights. Many were broken, but they remain legally binding documents, and courts continue to enforce them.

Making a treaty meant treating the other side as a nation able to make agreements. That is why treaties matter so much to indigenous peoples today: they are proof of nationhood as well as a source of specific rights. A treaty is made between governments, not between a government and its subjects.

The United States ratified more than 370 treaties with tribes between 1778 and 1871, when Congress ended treaty-making. Many promised land, hunting and fishing rights, education and health care. Tribes still go to court to defend these rights, and they often win.

In Canada, the Crown and First Nations signed many treaties, including eleven Numbered Treaties between 1871 and 1921. Modern treaties, also called comprehensive land claim agreements, have been negotiated since the 1970s in areas where no earlier treaty was made.

In New Zealand, the Treaty of Waitangi of 1840 is the founding agreement between the Crown and Māori. Australia never signed a national treaty with Aboriginal and Torres Strait Islander peoples, though some states have begun treaty processes. The absence of a treaty is a long-standing grievance there.

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