Aboriginal Rights in Alaska

Abstract

This paper was originally presented at Session A.1, "The Aborigine in comparative law," at the 12th Congress of the International Academy of Comparative Law, Sydney, Australia, August 1986. The paper as originally presented can be found at http://hdl.handle.net/11122/9784.This paper describes the current state of aboriginal rights in Alaska and the impact of federal and state laws and policies on Alaska Native political and legal rights, tribal status, self-determination, and access to tribal lands. Topics covered include the legal determination of Alaska Native identity, the legal status of Alaska Native groups, Alaska Native land rights, sovereignty and self-government, subsistence, recognition of family and kinship structures, the criminal justice system in rural Alaska, customary versus formal legal process, and human rights and equality before the law.Factual Background / Legal Identity and Membership / Legal Status of Native Groups / Land Rights/Self-Government/Use of Natural Resources (Local or Regional Governments; Control of or Participation in Decisions Concerning Natural Resources) / Recognition of Family/Kinship Structures (Experience under the Indian Child Welfare Act 1978; Impact on Customary Law) / Criminal Justice and Procedure: Impact of the Criminal Justice System (Relationship between Law Enforcement and Self-Government; Procedure and Customary Conflicts) / Special Legal Institutions (Local Methods of Dispute Resolution; Distribution of Funds, Benefits and Services, and Political Representation) / Human Rights and Equality Before the Law / Notes / Bibliograph