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42-502: The Little Shell Tribe is named after its 19th-century leader, Esens , known as "Little Shell." The Tribe was also referred to as the Little Shell Band of "Landless" Chippewa Indians of Montana because it did not have an Indian reservation , resulting from conflicts with federal authorities dating back to the 19th century. Although considered "landless", the tribe gained state recognition from Montana in 2000. On December 20, 2019,

84-450: A state that acknowledges an act or status of another state or government in control of a state (may be also a recognized state). Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into

126-407: A treaty with the other state or making a state visit . Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognise a particular entity as a state, that state may have a right to membership in international organizations , while treaties may require all existing member countries unanimously agreeing to the admission of a new member. A vote by

168-537: A Reservation. The Americans offered to pay 10 cents an acre (which became known as the infamous "Ten-Cent Treaty" ) and refused to set aside the 10,000,000 acres (40,000 km ) reservation. No agreement was reached. The United States agent brought in 32 other Chippewa leaders who signed the treaty. Little Shell's Montana lands started at the Missouri River on the Montana-North Dakota border, then followed

210-531: A country in the United Nations in favour of the membership of another country is an implicit recognition of that country by the country so voting, as only states may be members of the UN. On the other hand, a negative vote for UN membership does not necessarily mean non-recognition of the applicant as a state, as other criteria, requirements or special circumstances may be considered relevant for UN membership. Similarly,

252-417: A country may choose not to apply for UN membership for its own reasons, as is the case with Vatican City , and Switzerland was not a member until 2002 because of its concerns to maintain its neutrality policy . The non-recognition of particular acts of a state does not normally affect the recognition of the state itself. For example, the international rejection of the occupation of particular territory by

294-719: A general policy of not doing so, considering that a vote for its membership of an international organisation restricted to states, such as the United Nations , is an act of recognition. Some consider that a state has a responsibility not to recognize as a state any entity that has attained the qualifications for statehood by a violation of basic principles of the UN Charter : the UN Security Council has in several instances ( Resolution 216 (1965) and Resolution 217 (1965), concerning Rhodesia ; Resolution 541 (1983), concerning Northern Cyprus ; and Resolution 787 (1992), concerning

336-401: A government implies recognition of the state it governs, but even countries which have a policy of formally recognising states may not have a policy of doing the same regarding governments. De facto recognition of states, rather than de jure , is rare. De jure recognition is stronger, while de facto recognition is more tentative and recognizes only that a government exercises control over

378-553: A peremptory character (jus cogens). In the context of Kosovo, the Security Council has never taken this position. The exceptional character of the resolutions enumerated above appears to the Court to confirm that no general prohibition against unilateral declarations of independence may be inferred from the practice of the Security Council." States can exercise their recognition powers either explicitly or implicitly. The recognition of

420-472: A recognised state does not imply non-recognition of the state itself, nor a rejection of a change of government by illegal means. Diplomatic recognition must be distinguished from formal recognition of states or their governments. The fact that states do not maintain bilateral diplomatic relations does not mean that they do not recognize or treat one another as states. A state is not required to accord formal bilateral recognition to any other state, and some have

462-686: A reservation. Much earlier, probably during the mid or early 18th century, the Anishinaabeg had begun to migrate into the Great Plains of Canada and the United States from their historic territory around the Great Lakes, partly in response to encroachment by Europeans and Americans. By the time Canadian and United States immigrants made their first permanent settlements in the Pembina and Saulteaux lands on

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504-669: A territory. An example of the difference is when the United Kingdom recognized the Soviet state de facto in 1921, but de jure only in 1924. Another example is the state of Israel in 1948, whose government was immediately recognized de facto by the United States and three days later de jure by the Soviet Union . Another example is the Republic of Indonesia which was whose government

546-815: A visit of the head of state , or the signing of a bilateral treaty. If implicit recognition is possible, a state may feel the need to explicitly proclaim that its acts do not constitute diplomatic recognition, like when the United States commenced its dialogue with the Palestine Liberation Organization in 1988. Formal diplomatic recognition can be used as a tool of political influence with examples including European Community 's conditional recognition of independence of former republics of SFR Yugoslavia in early 1990s dependent on new states commitment to protection of human and national minorities rights. A state may withdraw diplomatic recognition of another state (despite doing so being specifically banned by

588-549: Is called the Stimson Doctrine , and has become more important since the Second World War , especially in the United Nations where it is a method of ensuring compliance with international law – for instance, in the case of Rhodesia in 1965. Withdrawal of recognition of a government is a more severe act of disapproval than the breaking of diplomatic relations . Besides recognizing other states, states also can recognize

630-497: Is governed by a constitutionally defined elected Tribal Council. The Tribal Chairman is also elected. Four council seats are up for election every 4 years and three council seats every two years, in a largely mail-in balloting process. The tribal council meets regularly in Great Falls at least monthly, and quarterly meetings are held every quarter, in efforts to keep tribal members involved and informed. The Council are unpaid. Now that

672-496: Is necessary that there be a government with which to engage in diplomatic relations. Countries such as the United States answer queries over the recognition of governments with the statement: "The question of recognition does not arise: we are conducting our relations with the new government." Several of the world's geopolitical entities lack general international recognition, but wish to be recognized as sovereign states . The degree of de facto control these entities exert over

714-435: The 1933 Montevideo Convention ) or simply refuse to deal with that other country, after withdrawing from all diplomatic relations with that country, such as embassies and consulates, and requiring the other country to do the same. The state will appoint a protecting power to represent its interests in the other state. The doctrine of non-recognition of illegal or immoral situations, like territorial gains achieved by force ,

756-837: The National Defense Authorization Act was signed into law, finally granting the Tribe federal recognition. The Tribe owns over 800 acres of land in and around Great Falls, Montana , and manages the Hell Creek Recreation Area . Members elect a government consisting of a Chairman, First Vice-Chairman, Second Vice-Chairman, Secretary-Treasurer, and Tribal Council following their constitution. While headquartered in Great Falls, tribal members live throughout Montana, particularly in Havre , Lewistown , Helena , Butte , Chinook , Hays , Wolf Point , Hamilton , and Billings . In

798-610: The People's Republic of China in 1971. Renewing recognition of a government is not necessary when it changes in a normal, constitutional way (such as an election or referendum ), but may be necessary in the case of a coup d'etat or revolution . Recognition of a new government by other states can be important for its long-term survival. For instance, the Taliban government of the Islamic State of Afghanistan , which lasted from 1996 to 2001,

840-523: The Republika Srpska ) issued Chapter VII resolutions (binding in international law) that denied their statehood and precluded recognition. In the 2010 International Court of Justice advisory opinion on Kosovo's declaration of independence , the ICJ ruled that "general international law contains no applicable prohibition of declarations of independence." The Court carefully noted "that in all of those instances

882-704: The Yellowstone river to its beginning, and probably included the Big Belt Mountains and Little Belt Mountains , and may have reached to the Rocky Mountains near Augusta. Of course, the plains Anishinaabeg shared their Montana lands with the Assiniboine and probably the Gros Ventre , as well. State recognition Diplomatic recognition in international law is a unilateral declarative political act of

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924-686: The Little Shell Tribe of Chippewa Indians of Montana. They gained federal recognition in December 2019. Along the way, the Little Shell tribe opened a new cultural center in May 2014, located outside Great Falls, Montana . The Tribe maintained its integrity throughout the 20th century, long before federal recognition. The constitution has been revised, most recently in 2016. The government, social structure and culture have been maintained. The Little Shell Tribe

966-783: The Little Shell people to sign the treaty or risk starving to death. In the 1892 McCumber Agreement between the Turtle Mountain Indians and the Commission, the Turtle Mountain Indian Reservation was established, but many of the Little Shell Band of Chippewa Indians refused settlement there. Some Little Shell members did eventually settle on the Turtle Mountain Indian Reservation. Others migrated north and west into Saskatchewan and Alberta, and then later made their way back south into Montana. In

1008-481: The Security Council was making a determination as regards the concrete situation existing at the time that those declarations of independence were made; the illegality attached to the declarations of independence thus stemmed not from the unilateral character of these declarations as such, but from the fact that they were, or would have been, connected with the unlawful use of force or other egregious violations of norms of general international law, in particular, those of

1050-671: The United States over land. Together the Anishinaabeg occupied an area of over 63,000,000 acres (250,000 km ). Much of that land was in North Dakota and South Dakota , but also included Pembina land in Montana, which may have reached all the way to the Rocky Mountains . Around 1880, Little Shell moved his band from southern Canada to the Turtle Mountains of north-central North Dakota , where he protested encroachment by Americans and

1092-514: The United States. The Little Shell are part of the historical Pembina Band of Chippewa Indians , first recorded by European settlers in documents of the Hudson's Bay Company at Fort Garry (Winnipeg) in the early 18th century. These logs and diaries show the Ojibwa people lived across approximately 63 million acres (250,000 km) of land throughout what is now South Dakota , North Dakota and Canada. By

1134-442: The area occupied , not occupation of the area claimed . Unrecognized countries may have either full control over their occupied territory (such as Northern Cyprus ), or only partial control (such as Western Sahara ). In the former, the de jure governments have little or no influence in the areas they claim to rule, whereas in the latter they have varying degrees of control, and may provide essential services to people living in

1176-412: The areas. Other elements that may be recognized include occupation or annexation of territory, or belligerent rights of a party in a conflict. Recognition of the latter does not imply recognition of a state. Formal recognition of belligerency , which is rare today, signifies that the parties to the civil war or other internal conflict "are entitled to excise belligerent rights, thus accepting that

1218-555: The early 18th century, the ancestors of the Little Shell migrated from the Great Lakes area, likely northern Ontario and northern Minnesota, into the Plains of Canada and the United States. They allied with the Assiniboine and Cree in a confederacy, driving out the Dakota and probably other tribes native to the areas now known as Alberta, Manitoba, and Ontario in Canada, and Minnesota and Montana in

1260-560: The early 19th century, many French Canadian men, mostly fur trappers , had married into Ojibwe families. The Pembina Band entered into a treaty with the United States in the 1863 Treaty of Old Crossing , together with the Red Lake Band of Chippewa . In 1864, the tribal leader, Esens, also known as Little Shell, walked out of further negotiations and refused to amend the original treaty. In 1892 he sent word to Washington D.C. that he would exchange 52 million acres (210,000 km) of land and

1302-973: The government's lack of concern for Chippewa land title. Because of persistent food shortages, he and his band hunted buffalo as far as Montana and southern Saskatchewan during the late 1880s. When they returned to the Turtle Mountains in the early 1890s, they faced a series of events that led to the exile of Little Shell's and other Chippewa people from the Dakotas. In 1892 Little Shell met with American representatives and attempted to reach an agreement about ceding his people's remaining land. European-American immigrants did not wait for treaties but squatted on Native American lands in Montana, North Dakota and South Dakota. Little Shell attempted to sell his remaining lands for $ 1.00 per acre and be allowed to have at least 10,000,000 acres (40,000 km ) of remaining lands in Montana, North Dakota and South Dakota set aside as

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1344-401: The governments of states. This can be problematic particularly when a new government comes to power by illegal means, such as a coup d'état , or when an existing government stays in power by fixing an election. States once formally recognized both the government of a state and the state itself, but many no longer follow that practice, even though, if diplomatic relations are to be maintained, it

1386-519: The mid-19th century, the tribe was numbered at several thousand in the Red River-Pembina region. At that time there was no formal enrollment procedure, no reservation, and thus no documented population. Beginning in the late 20th century, the people of the tribe reorganized and first obtained state recognition In Montana in the late 1980s when Governor Stan Stephens signed authorizing legislation. The state recognition process formally incorporated

1428-570: The plains, the Ojibwe territory had advanced to southeastern Alberta and much of present-day Montana . Little Shell was one of the Anishinaabe signatories of the 1863 Treaty of Old Crossing, which ceded Anishinaabe land in Minnesota and North Dakota . In 1864 he refused to negotiate with the United States further about ceding more land. For almost another 30 years, Little Shell refused to negotiate with

1470-581: The rebel group possesses sufficient international personality to support the position of such rights and duties." Extension of the rights of belligerency is usually done by other states, rather than by the government fighting the rebel group. (A 1907 report by William E. Fuller for the Spanish Treaty Claims Commission noted that "A parent state never formally recognizes the insurgents as belligerents, although it may in fact treat them as such by carrying on war against them in accordance with

1512-538: The territories they claim varies. Most are subnational regions with an ethnic or national identity of their own that have separated from the original parent state . Such states are commonly referred to as "break-away" states. Some of these entities are in effect internally self-governing protectorates that enjoy military protection and informal diplomatic representation abroad through another state to prevent forced reincorporation into their original states. The word "control" in this list refers to control over

1554-623: The treaty rights of 1863 for a large reservation, to include the entire Turtle Mountain area, at the price of $ 1.00 per acre of land. Senator Porter J. McCumber of North Dakota was sent to meet with the Pembina Band. During the first meeting, when the senator was not present, his agent Waugh offered $ 0.10 per acre. The Pembina walked out of the meeting in disgust, knowing that the US had paid $ 1.00 per acre for less valuable land near Fort Berthold . Agent Waugh brought in 32 Ojibwe from Canada and had them sign

1596-572: The treaty, which became known as the McCumber Agreement or the Ten Cent Treaty. After hearing of the fraud, John Burke, state attorney for Rolette County, North Dakota , agreed to represent Little Shell before the US Senate. Senator McCumber agreed with John Burke that the treaty was a fraud. Nonetheless, the US Senate ratified the treaty after McCumber died in 1905. The federal officials told

1638-610: The tribe is federally recognized, the Little Shell qualify for federally funded educational or government support services such as housing and medical facilities, typically provided to tribes recognized by the United States government. Little Shell Tribal members can obtain some services available in urban centers as well as public benefits available to all Montana residents. Chief Esens Thomas Little Shell III ( c.  1830 – 1901) ( Anishinaabemowin Esens ("Little Shell" or "Little Clam") and recorded as Ase-anse or Es-sence )

1680-504: Was a chief of a band of the Ojibwa (Chippewa) tribe in the second half of the nineteenth century, when the Anishinaabeg (Ojibwa peoples) had a vast territory ranging from southwestern Canada into the northern tier of the United States, from the Dakotas and into Montana. During the 1850s, the United States (US) began to negotiate with the Anishinaabeg of North Dakota to get them to cede their land in exchange for payment and settlement on

1722-520: Was recognized de facto by the Netherlands in 1946 and de jure by the international community in 1949. Also, the Republic of China , commonly known as " Taiwan ", is generally recognized as de facto independent and sovereign, but is not universally recognized as de jure independent due to the complex political status of Taiwan related to the United Nations' withdrawal of recognition in favor of

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1764-517: Was recognized only by Pakistan , the United Arab Emirates , and Saudi Arabia , while far more had recognized the government of ousted President Burhanuddin Rabbani . The disputed territory of Jammu and Kashmir under the control of India is not recognized by either Pakistan or the People's Republic of China , and the Republic of Turkey . Recognition can be implied by other acts, such as

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