From the archive, originally posted by: [ spectre ]
Lakotah Unilateral Withdrawal from All Agreements and Treaties with
the United States of America
We as the freedom loving Lakotah People are the predecessor sovereign
of Dakota Territory as evidenced by the Treaties with the United
States Government, including, but not limited to, the Treaty of 1851
and the Treaty of 1868 at Fort Laramie.
Lakotah, formally and unilaterally withdraws from all agreements and
treaties imposed by the United States Government on the Lakotah
Lakotah , and the population therein, have waited for at least 155
years for the United States of America to adhere to the provisions of
the above referenced treaties. The continuing violations of these
treaties’ terms have resulted in the near annihilation of our people
physically, spiritually, and culturally.
Lakotah rejects United States Termination By Appropriation policy from
1871 to the present.
In addition, the evidence of gross violations of the above referenced
treaties are listed herein.
Lakotah encourages the United States of America, through its
Government ,to enter into dialogue with Lakotah regarding the
boundaries, the land and the resources therein. Please contact the
Lakotah Interests Section, Naomi Archer, at (828) 230-1404 or
info [at] Lakotafreedom [dot] com [dot]
Should the United States and its subordinate governments choose not to
act in good faith concerning the rebirth of our nation, we hereby
advise the United States Government that Lakotah will begin to
administer liens against real estate transactions within the five
state area of Lakotah.
Lakotah, through its government, appointed the following
representatives to withdraw from all the treaties with the United
States of America based on the Vienna Convention on the Law of
Treaties entered into force in 1980 and the U.N. Declaration on the
Rights of Indigenous Peoples 2007:
Teghiya Kte Canupa Gluha Mani
Heretofore known as Gary Rowland Heretofore known as Duane Martin Sr.
Oyate Wacinyapin Mni yuha Najin Win
Heretofore know as Russell Means Heretofore known as Phyllis Young
Lakota 444 Crazy Horse Drive, P.O. Box 99; Porcupine, SD 57772
Descendants of Sitting Bull, Crazy Horse break away from US
Agence France-Presse / December 20, 2007
The Lakota Indians, who gave the world legendary warriors Sitting Bull
and Crazy Horse, have withdrawn from treaties with the United States,
leaders said Wednesday.
“We are no longer citizens of the United States of America and all
those who live in the five-state area that encompasses our country are
free to join us,” long-time Indian rights activist Russell Means told
a handful of reporters and a delegation from the Bolivian embassy,
gathered in a church in a run-down neighborhood of Washington for a
A delegation of Lakota leaders delivered a message to the State
Department on Monday, announcing they were unilaterally withdrawing
from treaties they signed with the federal government of the United
States, some of them more than 150 years old.
They also visited the Bolivian, Chilean, South African and Venezuelan
embassies, and will continue on their diplomatic mission and take it
overseas in the coming weeks and months, they told the news
Lakota country includes parts of the states of Nebraska, South Dakota,
North Dakota, Montana and Wyoming.
The new country would issue its own passports and driving licences,
and living there would be tax-free — provided residents renounce
their US citizenship, Means said.
The treaties signed with the United States are merely “worthless words
on worthless paper,” the Lakota freedom activists say on their
The treaties have been “repeatedly violated in order to steal our
culture, our land and our ability to maintain our way of life,” the
reborn freedom movement says.
Withdrawing from the treaties was entirely legal, Means said.
“This is according to the laws of the United States, specifically
article six of the constitution,” which states that treaties are the
supreme law of the land, he said.
“It is also within the laws on treaties passed at the Vienna
Convention and put into effect by the US and the rest of the
international community in 1980. We are legally within our rights to
be free and independent,” said Means.
The Lakota relaunched their journey to freedom in 1974, when they
drafted a declaration of continuing independence — an overt play on
the title of the United States’ Declaration of Independence from
Thirty-three years have elapsed since then because “it takes critical
mass to combat colonialism and we wanted to make sure that all our
ducks were in a row,” Means said.
One duck moved into place in September, when the United Nations
adopted a non-binding declaration on the rights of indigenous peoples
— despite opposition from the United States, which said it clashed
with its own laws.
“We have 33 treaties with the United States that they have not lived
by. They continue to take our land, our water, our children,” Phyllis
Young, who helped organize the first international conference on
indigenous rights in Geneva in 1977, told the news conference.
The US “annexation” of native American land has resulted in once proud
tribes such as the Lakota becoming mere “facsimiles of white people,”
Oppression at the hands of the US government has taken its toll on the
Lakota, whose men have one of the shortest life expectancies — less
than 44 years — in the world.
Lakota teen suicides are 150 percent above the norm for the United
States; infant mortality is five times higher than the US average; and
unemployment is rife, according to the Lakota freedom movement’s
“Our people want to live, not just survive or crawl and be mascots,”
“We are not trying to embarrass the United States. We are here to
continue the struggle for our children and grandchildren,” she said,
predicting that the battle would not be won in her lifetime.
Lakota group secedes from U.S.
BY Bill Harlan / December 21, 2007
Political activist Russell Means, a founder of the American Indian
Movement, says he and other members of Lakota tribes have renounced
treaties and are withdrawing from the United States.
“We are now a free country and independent of the United States of
America,” Means said in a telephone interview. “This is all completely
Means said a Lakota delegation on Monday delivered a statement of
“unilateral withdrawal” from the United States to the U.S. State
Department in Washington.
The State Department did not respond. “That’ll take some time,” Means
Meanwhile, the delegation has delivered copies of the letter to the
embassies of Bolivia, Venezuela, Chile and South Africa. “We’re asking
for recognition,” Means said, adding that Ireland and East Timor are
“very interested” in the declaration.
Other countries will get copies of the same declaration, which Means
said also would be delivered to the United Nations and to state and
county governments covered by treaties, including treaties signed in
1851 and 1868. “We’re willing to negotiate with any American political
entity,” Means said.
The United States could face international pressure if it doesn’t
agree to negotiate, Means said. “The United State of America is an
outlaw nation, we now know. We’ve understood that as a people for 155
Means also said his group would file liens on property in parts of
South Dakota, Nebraska, North Dakota, Montana and Wyoming that were
The Web site for the declaration, “Lakota Freedom,” briefly crashed
Thursday as wire services picked up the story and the server was
overwhelmed, Means said.
Delegation member Phyllis Young said in an online statement: “We are
not trying to embarrass the United States. We are here to continue the
struggle for our children and grandchildren.” Young was an organizer
of Women of All Red Nations.
Other members of the delegation include Rapid City-area activist Duane
Martin Sr. and Gary Rowland, a leader of the Chief Big Foot Riders.
Means said anyone could live in the Lakota Nation, tax free, as long
as they renounced their U.S. citizenship. The nation would issue
drivers licenses and passports, but each community would be
independent. “It will be the epitome of individual liberty, with
community control,” Means said.
To make his case, Means cited several articles of the U.S.
Constitution, the Vienna Convention on the Law of Treaties and a
recent nonbinding U.N. resolution on the rights of indigenous people.
He thinks there will be international pressure. “If the U.S. violates
the law, the whole world will know it,” Means said.
Means’ group is based in Porcupine on Pine Ridge Indian Reservation.
It is not an agency or branch of the Oglala Sioux Tribe. Means ran
unsuccessfully for president of the tribe in 2006.
Lakota tribes have long claimed that the U.S. government stole land
guaranteed by treaties — especially in western South Dakota. “The
Missouri River is ours, and so are the Black Hills,” Means said.
A U.S. Supreme Court decision in 1980 awarded the tribes $122 million
as compensation, but the court did not award land. The Lakota have
refused the settlement. (As interest accrues, the unclaimed award is
approaching $1 billion.)
In the late 1980s, then-Sen. Bill Bradley of New Jersey introduced
legislation to return federal land to the tribes, and California
millionaire Phil Stevens also tried to win support for a proposal to
return the Black Hills to the Lakota.
The Lakota Freedom Delegation is continuing the work that we were
asked to do by the traditional chiefs and treaty councils over many
Emerging from the Wounded Knee Occupation in 1973, the International
Indian Treaty Council drew together more than 5000 delegates
representing 98 Indian tribes and Nations from North and South
America. This manifesto, representing the wisdom of thousands of
people, their Ancestors, and the Great Mystery explicity supports the
rights of Indigenous Nations to live free and to take whatever actions
necessary for sovereignty.
For more than a year and a half prior to this December announcement,
Lakota delegates have been meeting with the traditional treaty
councils of Lakota to build critical mass for this action.
In the face of the colonial apartheid conditions imposed on Lakota
people, the withdrawal from the U.S. Treaties is necessary. These
conditions have been devastating:
* Lakota men have a life expectancy of less than 44 years, lowest
of any country in the World (excluding AIDS) including Haiti.
* Lakota death rate is the highest in the United States.
* The Lakota infant mortality rate is 300% more than the U.S.
* More than half the Reservation’s adults battle addiction and
* The Tuberculosis rate on Lakota reservations is approx 800%
higher than the U.S national average.
* Alcoholism affects 8 in 10 families.
* Median income is approximately $2,600 to $3,500 per year.
* 1/3 of the homes lack basic clean water and sewage while 40%
* 60% of housing is infected with potentially fatal black molds.
* 97% of our Lakota people live below the poverty line.
* Unemployment rates on our reservations is 85% or higher.
* Federal Commodity Food Program provides high sugar foods that
kill Native people through diabetes and heart disease.
* Teenage suicide rate is 150% higher than the U.S national
average for this group.
* Our Lakota language is an Endangered Language, on the verge of
After 150 years of colonial enforcement, when you back people into a
corner there is only one alternative. That alternative is to bring
freedom back into existence by taking it back – back to the love of
freedom, to our lifeway.
DECLARATION OF CONTINUING INDEPENDENCE
BY THE FIRST INTERNATIONAL INDIAN TREATY COUNCIL
AT STANDING ROCK INDIAN COUNTRY JUNE 1974
A long time ago my father told me what his father told him. There
was once a Lakota Holy man called Drinks Water, who visioned what was
to be; and this was long before the coming of the Wasicus. He
visioned that the four-legged were going back into the earth and that
a strange race had woven a spider’s web all around the Lakotas. And
he said, “When this happens, you shall live in barren lands, and there
beside those gray houses you shall starve.” They say he went back to
Mother Earth soon after he saw this vision and it was sorrow that
Black Elk, Oglala Sioux Holy Man
The United States of America has continually violated the independent
Native Peoples of this continent by Executive action, Legislative fiat
and Judicial decision. By its actions, the U.S. has denied all Native
people their International Treaty rights, Treaty lands and basic human
rights of freedom and sovereignty. This same U.S. Government, which
fought to throw off the yoke of oppression and gain its own
independence, has now reversed its role and become the oppressor of
sovereign Native people.
Might does not make right. Sovereign people of varying cultures have
the absolute right to live in harmony with Mother Earth so long as
they do not infringe upon this same right of other peoples. The
denial of this right to any sovereign people, such as the Native
American Indian Nations, must be challenged by truth and action.
World concern must focus on all colonial governments to the end that
sovereign people everywhere shall live as they choose; in peace with
dignity and freedom.
The International Indian Treaty Conference hereby adopts this
Declaration of Continuing Independence of the Sovereign Native
American Indian Nations. In the course of these human events, we call
upon the people of the world to support this struggle for our
sovereign rights and our treaty rights. We pledge our assistance to
all other sovereign people who seek their own independence.
The First International Treaty Council of the Western Hemisphere was
formed on the land of the Standing Rock Sioux Tribe on June 8-16,
1974. The delegates, meeting under the guidance of the Great Spirit,
represented 97 Indian tribes and Nations from across North and South
We, the sovereign Native Peoples recognize that all lands belonging to
the various Native Nations now situated within the boundaries of the
U.S. are clearly defined by the sacred treaties solemnly entered into
between the Native Nations and the government of the United States of
We, the sovereign Native Peoples, charge the United States of gross
violations of our International Treaties. Two of the thousands of
violations that can be cited are the “wrongfully taking” of the Black
Hills from the Great Sioux Nation in 1877, this sacred land belonging
to the Great Sioux Nation under the Fort Laramie Treaty of 1868. The
second violation was the forced march of the Cherokee people from
their ancestral lands in the state of Georgia to the then “Indian
Territory” of Oklahoma after the Supreme Court of the United States
ruled the Cherokee treaty rights inviolate. The treaty violation,
know as the “Trail of Tears,” brought death to two-thirds of the
Cherokee Nation during the forced march.
The Council further realizes that securing United States recognition
of treaties signed with Native Nations requires a committed and
unified struggle, using every available legal and political resource.
Treaties between sovereign nations explicitly entail agreements with
represent “the supreme law of the land” binding each party to an
inviolate international relationship.
We acknowledge the historical fact that the struggle for Independence
of the Peoples of our sacred Mother Earth have always been over
sovereignty of land. These historical freedom efforts have always
involved the highest human sacrifice. We recognize that all Native
Nations wish to avoid violence, but we also recognize that the United
States government has always used force and violence to deny Native
Nations basic human and treaty rights.
We adopt this Declaration of Continuing Independence, recognizing that
struggle lies ahead – a struggle certain to be won – and that the
human and treaty rights of all Native Nations will be honored. In
this understanding the International Indian Treaty Council declares:
The United State Government in its Constitution, Article VI,
recognizes treaties as part of the Supreme Law of the United States.
We will peacefully pursue all legal and political avenues to demand
United States recognition of its own Constitution in this regard, and
thus to honor its own treaties with Native Nations.
We will seek the support of all world communities in the struggle for
the continuing independence of Native Nations.
We the representatives of sovereign Native Nations united in forming a
council to be known at the International Indian Treaty Council to
implement these declarations.
The International Indian Treaty Council will establish offices in
Washington, D.C. and New York City to approach the international
forces necessary to obtain the recognition of our treaties. These
offices will establish an initial system of communications among
Native nations to disseminate information, getting a general consensus
of concerning issues, developments and any legislative attempt
affecting Native Nations by the United States of America.
The International Indian Treaty Council recognizes the sovereignty of
all Native Nations and will stand in unity to support our Native and
international brothers and sisters in their respective and collective
struggles concerning international treaties and agreements violated by
the United States and other governments.
All treaties between the Sovereign Native Nations and the United
States Government must be interpreted according to the traditional and
spiritual ways of the signatory Native Nations.
We declare our recognition of the Provisional Government of the
Independent Oglala Nation, established by the Traditional Chiefs and
Headmen under the provisions of the 1868 Fort Laramie Treaty with the
Great Sioux Nation at Wounded Knee, March 11, 1973.
We condemn the United States of America for its gross violation of the
1868 Fort Laramie Treaty in militarily surrounding, killing and
starving the citizens of the Independent Oglala Nation into exile.
We demand the United States of America recognize the sovereignty of
the Independent Oglala Nation and immediately stop all present and
future criminal prosecutions of sovereign Native Peoples. We call
upon the conscionable nations of the world to join us in charging and
prosecuting the United States of America for its genocidal practices
against the sovereign Native Nations; most recently illustrated by
Wounded Knee 1973 and the continued refusal to sign the United Nations
1948 Treaty on Genocide.
We reject all executive orders, legislative acts and judicial
decisions of the United States related to Native Nations since 1871,
when the United States unilaterally suspended treaty- making relations
with the Native Nations. This includes, but is not limited to, the
Major Crimes Act, the General Allotment Act, the Citizenship Act of
1924, the Indian Reorganization Act of 1934, the Indian Claims
Commission Act, Public Law 280 and the Termination Act. All treaties
made between Native Nations and the United States made prior toe 1871
shall be recognized without further need of interpretation.
We hereby ally ourselves with the colonized Puerto Rican People in
their struggle for Independence from the same United States of
We recognize that there is only one color of Mankind in the world who
are not represented in the United Nations; that is the indigenous
Redman of the Western Hemisphere. We recognize this lack of
representation in the United Nations comes from the genocidal policies
of the colonial power of the United States.
The International Indian Treaty Council established by this conference
is directed to make the application to the United Nations for
recognition and membership of the sovereign Native Nations. We pledge
our support to any similar application by an aboriginal people.
This conference directs the Treaty Council to open negotiations with
the government of the United States through its Department of State.
We seek these negotiations in order to establish diplomatic relations
with the United States. When these diplomatic relations have been
established, the first order of business shall be to deal with U.S.
violations of treaties with Native Indian Nations, and violations of
the rights of those Native Indian Nations who have refused to sign
treaties with the United States.
We, the People of the International Indian Treaty Council, following
the guidance of our elders through instructions from the Great Spirit,
and out of respect for our sacred Mother Earth, all her children, and
those yet unborn, offer our lives for our International Treaty
Lakotah / Political and Diplomatic Relations with the United States of
The first official contacts between Lakotah and the government of the
United States of America began in earnest after the United States
conducted a commercial transaction with France, commonly known as the
Louisiana Purchase, in 1803. Prior to that time, Lakotah exercised
complete and unfettered freedom and independence in their territory.
According to the fantasy of United States’ history, the Louisiana
Purchase was a purported sale by France to the United States of 530
million acres (2.1 million sq.km.) for $15 million. Part of this sale
included the territory of Lakotah who, of course never had knowledge
of, nor gave consent to, the sale of their national territory.
The first treaty between the U.S. and any segment of Lakotah occurred
in 1805, , and various other treaties of “peace and friendship,”
between Lakotah and the U.S. As citizens of the U.S. began to invade
and encroach on the territory of Lakotah in increasing numbers,
tensions and violence erupted. To prevent full-scale war, the Fort
Laramie Treaty of 1851 was requested by the U.S., to allow a
transportation route through Lakotah territory. The treaty did not
impair the sovereignty or the independence of Lakotah. In fact, the
treaty expressly recognized Lakotah as an independent nation, and the
treaty respected “all national business” of Lakotah.
After repeated violations by the United States of the 1851 Treaty,
warfare broke out between Lakotah and the U.S. Lakotah defeated the
U.S. in the so-called “Red Cloud War,” leading to the U.S. to call for
another treaty conference at Fort Laramie. The second treaty agreed
for the U.S. to abandon the Bozeman Road, and the accompanying
military forts that had been built along it, and promised to keep U.S.
troops and settlers out of Lakotah territory.
Almost immediately, the U.S. began violating terms of the treaty,
allowing railroad and mining interests to trespass and steal Lakotah
resources and territory. In 1874, the infamous U.S. military
commander, George Custer, led an invasion of the most sacred part of
Lakotah territory, the Paha Sapa (Black Hills), prompting an invasion
of gold seekers, and provoking another war between the U.S. and
Lakotah. As a result of the war, Lakotah territory was illegally
occupied by the U.S., and billions of dollars of natural resources
have been stolen from the occupied territories of Lakotah.
The United States has engaged in multiple military, legal and
political strategies for more than a century to deny Lakotah our right
to freedom and self-determination. In 1876-77, in violations of the
treaties that it had signed with Lakotah, the U.S. engaged in a sell-
or-starve policy to coerce Lakotah to sell our national homeland.
Lakotah refused, and has consistently refused to the present time. In
1871, the U.S. decided no longer to enter into treaties with
indigenous nations, but the U.S. treaty-ending legislation made
explicit that the new policy of the United States would in no way
impair or limit those treaties already in force between indigenous
nations and the U.S. Lakotah have consistently relied on the sanctity
of the treaty between the U.S. and Lakotah.
As mentioned above, the United States has consistently violated the
treaties between Lakotah and the U.S., resulting in the loss of life,
resources, and territory for Lakotah. Although the United States was
willing to take the benefit of its bargain (i.e., territory and
natural resources) in signing treaties with Lakotah, it was almost
immediately unwilling to respect the mutual bargain to the Lakotah.
The U.S. began to use U.S. law and policy to attempt to diminish the
political, economic and cultural freedom of Lakotah.
After signing the 1868 Fort Laramie Treaty, the U.S. allowed its
military, and its civilian citizens to invade Lakotah territory to
steal gold, silver and other natural resources. The U.S. unilaterally
violated the 1868 Treaty throughout the 1870s and 1880s by coercing
alterations in the Treaty onto Lakotah, without the required 2/3
agreement of Lakotah, as required in the Treaty.
Although the U.S. Supreme Court recognized the ongoing freedom and
independence of Lakotah in the landmark case of Ex Parte Crow Dog
(1883), two years later, the U.S. Congress attempted to steal Lakotah
independence through the passage of the Major Crimes Act, that
unilaterally extended U.S. criminal jurisdiction into Lakotah
These actions were followed by more arrogant actions of the United
States, culminating in the shocking Supreme Court Case of Lone Wolf v.
Hitchcock (1903). Although Lone Wolf involved the Kiowa and Comanche
Nations in what is now the State of Oklahoma, its impact adversely
affected Lakotah. In Lone Wolf, the United States not only said that
it could violate, change or abrogate treaties with Indian nations
unilaterally, but it also said that the U.S. Congress possesses
plenary (absolute) power to legislate in any way in indigenous affairs
without the consent or consideration of indigenous nations.
By extension, Lone Wolf has been used to violate hundreds of treaties
between the U.S. and indigenous peoples, including Lakotah. Through
the operation of Lone Wolf, the U.S. stole the sacred Black Hills,
allowed the mining of billions of dollars of gold from them, admitted
that the Black Hills were taken in violation of the 1868 Fort Laramie
Treaty, and then offered to compensate Lakotah at 1874 land values.
Lakotah have, to this day, rejected the offer of payment, and continue
to insist on the return of the Paha Sapa (Black Hills).
An overview of violations follows:
* Homestead Acts
* Allotment Acts
* Citizenship Act forcing United States citizenship upon all American
* Indian Reorganization Act a.k.a. Howard Wheeler Act (the first
* Forced relocation during the decades of the 1950’s over the 1960’s.
* Supreme Court decision disallowing our religions.
* Even though we are citizens of the United States of America, we are
denied protections of the United States Constitution while living on
Indian reservations, etcetera, etcetera, etcetera.
The operation of the United States in the nefarious ways outlined
above are a violation, not only of the sovereignty and independence of
Lakotah, not only of the solemn treaty signed between the U.S. and
Lakotah, but it is a violation of the fundamental law of the United
States itself. Article Six of the United States Constitution
explicitly states that treaties signed by the United States are the
supreme law of the land, and must be respected by every court and by
every lawmaker, as such.
1. Treaties of Fort Laramie, 1851 and 1868
Full text of these treaties can be found at http://www.lakotafreedom.com/portfolio.html
2. Article VI of United States Constitution
Article. VI. – Debts, Supremacy, Oaths
All Debts contracted and Engagements entered into, before the Adoption
of this Constitution, shall be as valid against the United States
under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be
made in Pursuance thereof; and all Treaties made, or which shall be
made, under the Authority of the United States, shall be the supreme
Law of the Land; and the Judges in every State shall be bound thereby,
any Thing in the Constitution or Laws of any State to the Contrary
The Senators and Representatives before mentioned, and the Members of
the several State Legislatures, and all executive and judicial
Officers, both of the United States and of the several States, shall
be bound by Oath or Affirmation, to support this Constitution; but no
religious Test shall ever be required as a Qualification to any Office
or public Trust under the United States.
3. Vienna Convention on Treaties 1969; specifically Article 49,
Article 60 Parts I and II
Article 49- Fraud
If a State has been induced to conclude a treaty by the fraudulent
conduct govern questions not regulated by the provisions of the
Have agreed as follows:
PART I / INTRODUCTION
Article 1 / Scope of the present Convention
The present Convention applies to treaties between States.
Article 2 / Use of terms
1. For the purposes of the present Convention:
(a) ‘treaty’ means an international agreement concluded between States
in written form and governed by international law, whether embodied in
a single instrument or in two or more related instruments and whatever
its particular designation;
(b) ‘ratification’, ‘acceptance’, ‘approval’ and ‘accession’ mean in
each case the international act so named whereby a State establishes
on the international plane its consent to be bound by a treaty;
(c) ‘full powers’ means a document emanating from the competent
authority of a State designating a person or persons to represent the
State for negotiating, adopting or authenticating the text of a
treaty, for expressing the consent of the State to be bound by a
treaty, or for accomplishing any other act with respect to a treaty;
(d) ‘reservation’ means a unilateral statement, however phrased or
named, made by a State, when signing, ratifying, accepting, approving
or acceding to a treaty, whereby it purports to exclude or to modify
the legal effect of certain provisions of the treaty in their
application to that State;
(e) ‘negotiating State’ means a State which took part in the drawing
up and adoption of the text of the treaty;
(f) ‘contracting State’ means a State which has consented to be bound
by the treaty, whether or not the treaty has entered into force;
(g) ‘party’ means a State which has consented to be bound by the
treaty and for which the treaty is in force;
(h) ‘third State’ means a State not a party to the treaty;
(i) ‘international organization’ means an intergovernmental
Termination or suspension of the operation of a treaty as a
consequence of its breach
1. A material breach of a bilateral treaty by one of the parties
entitles the other to invoke the breach as a ground for terminating
the treaty or suspending its operation in whole or in part.
2. A material breach of a multilateral treaty by one of the parties
(a) the other parties by unanimous agreement to suspend the
operation of the treaty in whole or in part or to terminate it
(i) in the relations between themselves and the defaulting State,
(ii) as between all the parties;
(b) a party specially affected by the breach to invoke it as a ground
for suspending the operation of the treaty in whole or in part in the
relations between itself and the defaulting State;
(c) any party other than the defaulting State to invoke the breach as
a ground for suspending the operation of the treaty in whole or in
part with respect to itself if the treaty is of such a character that
a material breach of its provisions by one party radically changes
the position of every party with respect to the further performance of
its obligations under the treaty.
3. A material breach of a treaty, for the purposes of this article,
(a) a repudiation of the treaty not sanctioned by the present
(b) the violation of a provision essential to the accomplishment of
the object or purpose of the treaty.
4. The foregoing paragraphs are without prejudice to any provision in
the treaty applicable in the event of a breach.
5. Paragraphs 1 to 3 do not apply to provisions relating to the
protection of the human person contained in treaties of a humanitarian
character, in particular to provisions prohibiting any form of
reprisals against persons protected by such treaties.
4. United Nations Declaration of Indigenous Rights 2007; specifically
1. Indigenous peoples have the right to the recognition, observance
and enforcement of treaties, agreements and other constructive
arrangements concluded with States or their successors and to have
States honor and respect such treaties, agreements and other
2. Nothing in this Declaration may be interpreted as diminishing or
eliminating the rights of
indigenous peoples contained in treaties, agreements and other
5. Lone Wolf v. Hitchcock (1903)
Full text of the decision can be found at:
Note: Lakotah precludes all litigation and political intrusions not
relevant to Lakotah.
“We are the freedom loving Lakota from the Sioux Indian reservations
of Nebraska, North Dakota, South Dakota and Montana who have suffered
from cultural and physical genocide in the colonial apartheid system
we have been forced to live under.
We are continuing the work that we were asked to do by the traditional
chiefs and treaty councils, and 98 Indian Nations at the first Indian
Treaty Council meeting at Standing Rock Sioux Indian Country in 1974.
During the week of December 17-19, 2007, we traveled to Washington DC
and withdrew from the constitutionally mandated treaties to become a
free and independent country. We are alerting the Family of Nations we
have now reassumed our freedom and independence with the backing of
Natural, International, and United States law.
We do not represent those BIA or IRA governments beholden to the
colonial apartheid system, or those “stay by the fort” Indians who are
unwilling claim their freedom.”