Suhtai-Tisitistas © (Northern Cheyenne Nation)

PO Box 295 | 700 North Cheyenne Ave Lame Deer, Montana 59043-0295

Tel: 402 403-1788 Email: Suhtai.Tisitistas@gmail.com

ABORIGINAL LAND TITLES’ INDEMNITY INSURANCE

COVERAGE POLICY

Document Citation: NCT/123.183.222.14/2.62/ncn/gykm

PREAMBLE ~ Aboriginal land titles in Aotearoa (New Zealand), Fiji, South Pacific Islands, Hawaii, Polynesia and Micronesia, Timor Leste, Papua New Guinea, Malaysia, Africa, Canada, United States of America and South America where aboriginal tribes live are considered the original landowners under international law (jus gentium) and under the doctrine of jus cogens (compelling law prior to legislation and civil government. ~ The doctrine and concept of jus cogens has its origins in the Scriptures - the root of all laws and legislative imperatives – which command and demand appropriate, good and civilized behavior in the conduct of human affairs without resort to the scourge of war and genocide). TERMS AND CONDITIONS BASED ON MUTUAL COVENANTS:

1. Aboriginal communities, tribes, bands, clans and nations who have secured validation of their land rights under the aegis of treaties, legislation, common law, customary law, international law, natural law, legal treatises, scholarly

articles, law review articles, etc., are hereby deemed to be secured and protected by this universal insurance indemnity coverage by mutual covenants.

2. Judicial Notice has been extended to the concept of undisturbed ownership of land and soil due to lengthened possession (Latin: usucapion) is an accepted norm under international law with the application of the doctrine of jus cogens.

3. Judicial Notice has been extended to the doctrine of

usucapio constituta est ut aliquis litium finis esset – (Latin) – usucapion was instituted that there might be an end to lawsuits, shall prevail for the purposes of this coverage in the sense that the question of land titles is thus settled and not open for litigation by others representing land titles under fee simple, land patents or allodium. In the event of litigation, the doctrine of usucapion shall be invested in the decision of jurists.

4. Judicial Notice has been extended to the doctrine of

adversus extraneous vitiosa possession prodesse solet – (Latin) – prior possession is good title of ownership against all who cannot show a better one – shall have full impact and import in the decisions of aboriginal land titles and land disputes

5. Judicial Notice has been extended to the doctrine of qui

prior est tempore potior est jure (Latin) – he has better title who was first in point of time - shall have full impact and import in the decisions of aboriginal land titles and land disputes

6. Judicial Notice has been extended to the doctrine of jactus

lapilli –(Latin) the throwing down of a stone - One of the modes under civil law of interrupting prescription. Where one person was building on another’s ground and in this way

acquiring a right by usucapio, the true owner challenged the intrusion and interrupted the prescriptive right by throwing down one of the stones of the building before witnesses called for the purpose.

7. Judicial Notice has been extended to decisions in various

in various countries upholding the concept of usucapion in the context of aboriginal land titles, to wit :

~ Carino v. Insular Government of the Philippines Islands, 21 U.S. 449 (1908); (USA) ~ Cramer v. United States, 261 U.S. 219 (1923); (USA); ~ United States v. Dann, 873 F. 2d 1189 (9th Circuit, 1989); (USA);

~ Oneida Indian Nation v. County of Oneida, 414 U.S. 661; (USA); ~ United States v. Santa Fe Pac. R. Co., 314 U.S. 339; ~ Mabo v. Queensland (2), 175 CLR 1, HCA 23; (Australia) ~ Wik Peoples v Queensland (1996) 187 CLR 1; (Australia); ~ Delgamuukw v British Columbia (1997) 3 S.C.R 1010; (Canada); ~ Tsilhoqt’n Nation v British Columbia (2014) 2 S.C.R. 256 (Canada); ~ Sagong bin Tasi & 6 Ors v Kerajaan Negeri Selangor; & 30 Ors [1997] 1 MLJ 418; (Malaysia) ~ Nor anak Nyawai & Ors v. Borneo Pulp Plantations

Sdn Bhd [2001] 2 CLJ 769 at p. 787; (Malaysia); ~ Naung Felix Sitom v PP [1999] 6 CLJ 583 (HC) (Malaysia); ~ Adong bin Kuwau & Ors v Kerajaan Negeri Johor & Anor [19917] 1 MLJ 418 (HC); (Malaysia); ~ Judicial Notice has been extended to the fact that Courts must give preemption to native customary rights when reading statutory and constitutional schemes - Insurance Corporation of British Columbia v Heerspink [1982] 2 SCR 145; Canadian National Railway Co v Canada (Canadian Human Rights Commission) [1987] 1 SCR 1114; Dickason v University of Alberta [1992] 2 SCR 1103;

8. Judicial Notice has been extended to 18 United States Code §1151 : definition of Indian country - all land within the limits of any Indian reservation (the North American continent encompassing Canada and the United States of America) under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including the rights of way through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the titles to which have not been extinguished, including rights of way running through the same.

9. Judicial Notice has been extended to the 1763 Royal Proclamation of George III; and the 1787 Northwest Ordinance promulgated by the United States Congress validated and mandated the recognition, sanctity and reverence for aboriginal title

10. Judicial Notice has been extended to Federal Indian

law germane to aboriginal rights: Wheeler-Howard Act, June

18, 1934 (The Indian Reorganization Act): An Act to conserve and develop Indian lands and resources; to extend to Indians the right to form business and other organizations; to establish a credit system for Indians; to grant certain rights of home rule to Indians; to provide for vocational education for Indians; and for other purposes. (“It is in the main, a measure of justice that is long overdue.” – President FDR.

11. “An Indian nation possesses in the first instance all of

the powers of a sovereign state. Those powers that are lawfully vested in an Indian nation are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty that has never been extinguished. This sovereignty preexisted the formation of the United States and persists unless diminished by treaty or statute or, in certain instances, by federal common law. Because of their retained sovereignty, the tribes have a ‘government-to-government relationship’ with the United States.” (The Handbook of Federal Indian Law by Felix S. Cohen, p.2)

12. In consideration thereof of value and worth in mutual

covenants and compacts in the amount of five hundred thousand United States dollars between the Original Peoples of the world in tandem with the provisions of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP of 2007), the Native American Land Registry of the Northern Cheyenne Nation through its Traditional Court of Equity validates the issuance of indemnity insurance coverage against the loss of aboriginal native customary titles to land and soil consequent to past, present and future legislation or acts of state. The insurance premium shall be paid in advance, in kind, to cover a period of ten years.

13. This universal insurance coverage extends to

aboriginal communities, bands, clans, and tribes asserting their rights to nation state status pursuant to Article 1 of the Montevideo Convention of 1933.

14. Said indemnity coverage shall include native

aboriginal communities, bands, tribes and clans in Canada, United States of America, Polynesia, Micronesia, Aotearora, Australia, Malaysia, Myanmar, Timor Leste, Papua New Guinea and South America.

JUDICIAL NOTICE HAS BEEN EXTENDED TO BIBLIOGRAPHY ANNOTATED AS:

~ Indian Land Cession in the Unite States – by Charles C. Royce ~ Genocide-at-Law: A Historic and Contemporary View of the Native American Experience, 34 U.Kan.L.Rev.713 (1986)

~A Bibliographic Guide to the History of Indian-White Relationship in the United States (Univ. Chi. Press 1977) – by Francis Paul Prucha ~ A History of the Indians of the United States (Univ. Okla. Press, 1970) by Angie Debo

~ Sources of American Indian Law, Panel, 67 Law Libr. J. 494 (1974)

~ Chronology of Native American History: from Pre-Columbian Tomes to the Present (Duane Champagne ed., Gale Research, Inc. 1994) ~ Timelines of Native American History: Through the Centuries with Mother earth and Father Sky (A Pergee Book 1997) by Susan

Hazen-Hammond ~ In the Hands of the Great SpiriT: The 20,000 Year History of American Indians (Free Press 2003) by Jake Page ~ Early American Indian Documents, Treaties and Laws, 1607-1789 (Alden T. Vaughan & Deborah A. Rosen eds., Univ. Publications 1998).

~ Indian Affairs: Laws & Treaties (Charles J. Kappler ed. GPO 1904-1941) (5 Vols.)

~ Indian Law and the Reach of History, 4 J. Contemporary L. 1, 1-13 (1977-1978) by Vine Deloria Jr.,

~ Indian Law and Policy: A Historian’s Viewpoint, 54 Wash. L. Rev. 475 (1979)

~ Original Indian Title, 32 Minn.L.Rev.28, 46 (1947)

~ The Spanish Origin of Indian Rights in the Law of the United States, 31 Geo. L.J. 1, 1-2 (1942)

~ The American Indian in Western Legal Thought: The Discourses of Conquest 13 (Oxforrd Univ. Press. 1990) by Robert A. Williams, Jr.

~ De Indis et de Iure Belli Relectiones 115-128 (Ernest Nys ed., J. Bate trans., Carnegie Institution 1917) (orig. ed. 1557), by Franciscus de Victoria

~ The Laws of Burgos of 1512-1513: Rights of Native Inhabitants in the Western Hemisphere (L. Simpson trans., John Howell Books, 1960)

~ They Came Here First 122 (Harper & Row rev. ed. 1975) by D’Arcy McNickle

~ In Defense of the Indians (S. Poole trans., N. Ill. Univ.Press 1975) by Bartolome de Casas

~ Hugo Grotius, The Law of War & Peace 397 (Classics of International Law ed. 1925) (Francis W. Kelsey, trans., 1946 ed.) quoted in S. James Anaya, Indigenous Peoples in International Law 12 (Oxford Univ. Press 1996)

~ Emmerich de Vattel, The Law of Nations, or the Principles of Natural Law 116 (Classics of International Law 1916) (Charles G. Fenwick trans. Of 1758 ed.

~ Red Man’s Land/White Man’s Law 29 (Charles Scribner’s Sons 1971) by Wilcomb Washburn

~ Dutch Treatment of the American Indian, With Particular Reference to New Netherland, in Attitudes of Colonial Powers Toward the American Indian 47 (H. Peckham & C. Gibson eds., Univ. Utah Press 1969)

~ Puritan Justice and the Indian: White Man’s Law in Massachusetts 1630-1763 at 50 (Wesleyan Univ. 1986)

~ The Dark Side of Efficiency: Johnson v. M’Intosh and the Expropriation of American Indian Lands, 148 U. Pa. L. Rev. 1065, 1077 (2000). ~ Power Over this Unfortunate Race: Race, Power and Indian Law in United States. Rogers, 45 Wm. & Mary L. Rev. 1957, 2026, 2029 (2004) ~ At the Whim of the Sovereign: Aboriginal Title Reconsidered, 31 Hastings L.J. 1215, 1224-1225 (1980)

SIGNED THIS DAY, November 30, 2015, BY THE TRADITIONAL CHIEFS AND JUDGES OF THE NORTHERN CHEYENNE NATION

__________________________________ Judge Navin-Chandra Naidu ©®�