Exploring Right to Reparation of Indigenous Peoples: A Comparative Study between Land Claims in USA and International Perspectives

The centuries-long Native American’s history of forced dispossession, relocation, land-grabbing poses significant challenges to their property rights even at present. Beginning from the 15th century to the present, the journey of land-theft and forced dispossession of native Americans continued and colonial governments legalized the loss of land via the doctrine of discovery, conquest, terra nullius, and congressional plenary power. The Native American communities still encounter the infringements of their most basic land rights with which native people have extraordinary, unique relationship. Tribal peoples’ close ties with land such as the Standing Rock Sioux Tribe determines their ways of life, reflects their culture, values, spirituality and physical existence. Dispossession is destructive not only to their physical structures, but also it damages their mental stability, belief, religious sentiment and after all their physical as well as spiritual world.