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van Genugten et al.
of identification, although they do not always suffice as a valid travel
document.34
This is all in all a position most stateless people worldwide can only dream
of. This positive approach can probably be explained by the fact that the indigenous peoples in question feel ‘backed up’ by internationally acknowledged
pre-colonial sovereignty and entitlements to ancestral territory.35 In the case
of the Haudenosaunee/ Iroquois this independent position can be traced back
to their first treaty with the Dutch government in the 17th century, called
Guswhenta, or the Two Row Wampum belt treaty.36 To celebrate the 400th
birthday of this treaty symbolizing peace and mutual friendship, three
Haudenosaunee leaders were recently allowed to travel to the Netherlands on
their own passports.37
In addition, they and other indigenous peoples can derive some assurance
from the UNDRIP, from provisions such as Article 33, stating that ‘Indigenous
peoples have the collective right to determine their own citizenship in accordance with their own customs and traditions’, while, however, ‘Indigenous citizenship does not impair the right of indigenous individuals to obtain
citizenship of the States in which they live.’
4
Concluding Remarks
As indicated in the introduction, this short article is to be seen as a problem
statement and a first exploration of the problem of indigenous people(s) and
statelessness, rather than as a paper that wants to come up with (easy) solutions. The latter can only be done after more research and would need to
include country-specific case studies in order to make sense. The history of
34
35
36
37
See US Department of Homeland Security, Customs and Border Protection, <https://help
.cbp.gov/app/answers/detail/a_id/998/~/travel-documents-for-native-americans,
-including-u.s.,-canadian-and-mexican> accessed 21 October 2013.
New South Wales Government, ‘Tracing the History of Citizenship and Rights for
Indigenous People’ (New South Wales Government, 2012), <http://k6.boardofstudies.nsw.
edu.au/go/hsie/background-sheets/tracing-the-history-of-citizenship-and-rights-for
-indigenous-people/> accessed 10 October 2013.
Robert W Venables, ‘The 1613 Treaty’ (Honor the Tworow) <http://honorthetworow.org/
wp-content/uploads/2012/01/VenablesonTwoRow-1.pdf> accessed 21 October 2013.
IUCN, ‘Indianen komen op eigen paspoort naar Nederland om 400 jaar oud verdrag te
vieren’ (IUCN, 11 September 2013), <http://www.iucn.nl/?13650/Indianen-komen-op
-eigen-paspoort-naar-Nederland-om-400-jaar-oud-verdrag-te-vieren> accessed 10 October
2013.
tilburg law review 19 (2014) 98-107
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