Treaty of Peace and Friendship, 8 Stat. 484 (1836) — Still US Law | IACHR P-1365-26  ·  OHCHR h6a662eo | The Full Legal Record →
The difference between the two rooms

Civil rights say: you were classified wrong, and you deserve equal treatment within the system. Human rights say: the classification itself was illegitimate, and the system must answer for it.

Civil rights operate inside the United States constitutional order. They use the 13th Amendment (abolition of slavery), the 14th Amendment (equal protection and due process), and the 15th Amendment (voting rights). These amendments were the result of the Civil War — the post-war settlement that absorbed the formerly enslaved population into the constitutional framework as citizens. They are real and important. But for the Moroccan subject treaty class, they carry a built-in problem: they accept the premise that the 14th Amendment citizenship was lawfully imposed.

It was not. The 14th Amendment was applied to the treaty class — Moroccan subjects — without the individual nationality adjudication required by international law, without consent, and without the voluntary individual naturalization that Article 15 of the Madrid Convention (1880) — the treaty framework's own exit mechanism — explicitly required before any Moroccan subject could be naturalized. A constitutional amendment cannot override a Senate-ratified bilateral treaty's own exit procedure. The 14th Amendment is valid for people who were lawfully subject to US jurisdiction. For treaty class members whose prior status was never lawfully adjudicated, the 14th Amendment application is void as a predicate.

Fighting for civil rights inside the 14th Amendment framework means arguing for equal treatment as a classified "Black" or "African American" US citizen. It means accepting the reclassification as the starting premise and asking the system to be fair within it. It means Brown v. Board of Education — a landmark achievement — which desegregated schools but left the treaty class inside the colonial constitutional framework, classified as African American, with no treaty claim argued and no treaty acknowledgment obtained.

Human rights operate outside the constitutional framework. They are governed by international law — the law of nations — which supersedes any single government's domestic law. The Treaty of Peace and Friendship (1836) is an instrument of international law, ratified by the US Senate and confirmed by the International Court of Justice. The American Declaration of the Rights and Duties of Man — the instrument under which IACHR P-1365-26 is filed — is an international law instrument. The UN Special Committee on Decolonization (C24) operates under international law. These forums do not ask whether the US government's domestic classification was fair. They ask whether the classification was lawful in the first place — and whether the obligations created by the treaty have been honored.

1909 — The choice that shaped 117 years

In 1909, the organization built to represent you chose the constitutional framework. That choice made the treaty invisible for every Black attorney, every civil rights case, and every political argument that followed.

On February 12, 1909 — Lincoln's birthday, deliberately chosen — the NAACP was founded. Its stated goal was to secure rights guaranteed under the 13th, 14th, and 15th Amendments to the United States Constitution. Three amendments. The entire legal strategy was bounded by the post-Civil War constitutional settlement.

The choice foreclosed the treaty framework. From 1909 forward, the pipeline that produced Black attorneys — through Howard Law School, through the NAACP Legal Defense Fund, through the civil rights bar — was built on constitutional law, not international treaty law. Every case was argued on constitutional grounds. Every precedent was constitutional. Every legal training used the constitutional framework as the operating premise.

What was available in 1909 but not chosen:

1836 Treaty of Peace and Friendship
8 Stat. 484 — in the Statutes at Large, accessible to any lawyer. The treaty class could have been identified as "subjects of His Imperial Majesty the Emperor of Morocco" with specific treaty rights. Not chosen.
House Document 326 (1906)
The US Secretary of State confirmed in writing — three years before the NAACP founding — that nationality is lost ONLY by voluntary naturalization. The treaty class had never voluntarily naturalized. The document was in the record. Not engaged.
Hodges v. US (1906)
The Supreme Court acknowledged "condition of alienage" as a live option — meaning the status of being a foreign national, not a citizen, was legally cognizable. The NAACP chose the citizenship path instead.
Madrid Convention 1880 (22 Stat. 817)
29 years old in 1909. Annual protégé lists maintained by the EOM and the European powers who had signed it. The convention confirmed that Moroccan subjects in other countries retained their Moroccan nationality. Not engaged in any NAACP filing in 117 years.
League of Nations (1919)
The primary international forum for treaty class rights — available ten years after the NAACP founding. W.E.B. Du Bois pursued it personally. The NAACP itself did not file there. The international path was not taken.

The men who shaped the NAACP for its first 53 years — Joel Spingarn (1913–1939) and Arthur Spingarn (1939–1966) — led the organization through Brown v. Board (1954) and the entire constitutional civil rights era. Under their combined leadership, the NAACP National Legal Committee, which Joel organized in 1911, built the legal strategy that is still the framework for civil rights litigation today.

That strategy argued for equal treatment as classified US citizens. It never contested the classification. And in not contesting the classification, it accepted the colonial framework's premise for 117 years.

Two frameworks, one source

Jacob Schiff funded both the NAACP and early Zionism at the same time. One accepted colonial reclassification as its premise. The other rejected colonial reclassification entirely. The same money. Structurally opposite frameworks.

Jacob Schiff was the head of Kuhn, Loeb & Company — one of the most powerful investment banking firms in early 20th-century America. He was a major financial supporter of the NAACP's early organizing and simultaneously a significant funder of early Zionism — the political and legal movement to establish a Jewish state in Palestine based on a prior national identity claim, a pre-existing relationship to the land, and rights under international law and diplomatic agreements.

Look at the structural difference between these two frameworks:

The NAACP framework (funded by Schiff): Accepts colonial reclassification as the premise. Argues for equal treatment as "African American" citizens under the 14th Amendment. Operates entirely within the US constitutional order. The colonial system is the room you're in; the NAACP fights for better conditions in that room.

The Zionist framework (also funded by Schiff): Rejects colonial reclassification as the premise. Asserts a prior national identity and a pre-existing relationship to the land. Operates under international law and diplomatic agreements. Does not ask the existing colonial order for equal treatment within it — asks the international community to recognize a sovereign claim outside it.

These are not just different legal strategies. They are structurally opposite approaches to identity and sovereignty. One accepts the colonial framework and works within it. The other contests the colonial framework and works outside it. The Moroccan subject treaty class needed the second framework. They received the first.

By 2016, the consequences of this structural divergence were visible enough that Judith Varnai Shorer — the Israeli Consul General in Atlanta, Georgia — identified the growing political consciousness of young Black Americans as "the major problem with Israel":

"The major problem with Israel is with the young generation of the black community — Black Lives Matter starts there."
— Judith Varnai Shorer, Israeli Consul General in Atlanta, Georgia, 2016 (IAC conference)

She then described her management action: hosting forty established Black leaders at her home — including Rev. Raphael Warnock (then senior pastor of Ebenezer Baptist Church, now US Senator from Georgia), State Senator Vincent Fort, and Atlanta City Council President Ceasar Mitchell — and distributing a printout of an Alan Dershowitz article arguing against BLM's position on Israel.

She did not identify armed groups or foreign governments as "the major problem." She identified the political consciousness of young Black Americans. The consciousness that was beginning to connect domestic experience to international law, to identify colonial structures, to refuse the constitutional framework as the only lens — that consciousness was "the major problem." The same consciousness that the 1909 framework choice was designed to prevent from emerging was being managed in 2016 by the diplomatic apparatus of a foreign government operating on US soil in Georgia — the same geographic area where the EOM subjects were first formally recognized by the South Carolina Legislature in 1790.

Three wings, one operation

The General Education Board, the NAACP, and the Zionist consciousness competition were not three separate things. They were three wings of an integrated colonial management system operating on the treaty class simultaneously.

Wing 1 — GEB (1902, Rockefeller)
Educational suppression
Controlled the educational system. Explicitly excluded lawyers, doctors, politicians, and statesmen from the treaty class's professional formation. Ensured no professional class emerged that could identify the treaty, argue it, or politically pursue it. The GEB's federal charter was granted in 1903 (32 Stat. 769) — three years before the Act of Algeciras (1906), which acknowledged the integrity of the Emperor's domains. The same era's Congress granted educational control of the treaty class and signed the international document acknowledging their sovereign relationship.
Wing 2 — NAACP (1909, Schiff/Spingarn)
Political management
Channeled all Black political and legal energy into the constitutional framework. Built the pipeline that produced Black attorneys arguing civil rights, not treaty rights. Accepted reclassification as the premise — made the 14th Amendment the ceiling rather than the floor. 53 years of combined Spingarn leadership ensured the constitutional framework was the unquestioned premise of Black legal advocacy through the entire 20th century.
Wing 3 — Zionism (Schiff/onward)
Consciousness competition
Funded the framework that operated exactly the way the treaty class framework should have operated — prior national identity, international law, diplomatic claim, sovereign territory. But for a different population. Created the ideological and institutional model that the treaty class could see but was discouraged from using for itself. When the young generation began connecting their experience to international law (Black Lives Matter, 2013+), Israeli diplomatic personnel identified this as "the major problem" and deployed the established Black leadership (the protégé class) to suppress it. The same institutional network that had originally separated the frameworks was still managing their separation a century later.

The three wings were not random. They ran simultaneously. The GEB was established in 1902. The NAACP in 1909. Both were connected to the same Wall Street philanthropic establishment. The consciousness the third wing was designed to suppress in 2016 — international law consciousness, decolonization consciousness, prior national identity consciousness — is the consciousness that the first two wings were designed to prevent from emerging in 1902 and 1909.

The question everyone asks — answered in three steps

The 14th Amendment made you a US citizen. It did not terminate your treaty class status. The same person can simultaneously be a US citizen under domestic law AND a treaty class member under international law. The Cherokee parallel is the settled precedent.

The most common challenge to this legal framework is: "But didn't the 14th Amendment make everyone born in the US a citizen?" Yes — and the treaty framework's response is a three-step answer. None of the three steps contest whether the 14th Amendment is valid law. All three steps contest whether the 14th Amendment reaches the specific legal question of treaty class status under international law.

Step 1 — Constitutional
The treaty is senior to the amendment — and was never expressly abrogated
The 1836 Treaty of Peace and Friendship was ratified by the US Senate 32 years before the 14th Amendment was ratified in 1868. The Supremacy Clause (Article VI) makes both the treaty and the amendment "the supreme law of the land." When two supreme law provisions are in apparent conflict, the later provision (14th Amendment) generally controls — but only if it expressly abrogates the prior one. The text of the 14th Amendment contains no mention of the 1836 Treaty, no reference to Moroccan subjects, and no express abrogation of any treaty. "All persons born or naturalized in the United States" does not address whether the naturalization of treaty class members was lawfully accomplished under the treaty's own exit procedure. Senator Howard's floor statement on the 14th Amendment during debate: the Amendment "does not exclude foreigners or aliens" — the persons its drafters had in mind were freed slaves, not treaty class members asserting prior sovereign status.

Additional constitutional evidence: The Expatriation Act was passed by Congress on July 27, 1868 — eighteen days after the 14th Amendment was ratified on July 9, 1868. The Expatriation Act affirmed the fundamental right of voluntary choice of nationality: "the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness." The 14th Amendment imposed citizenship collectively. Eighteen days later Congress affirmed the right of voluntary choice — affirming the principle while the forced application was still fresh. The treaty class — for whom voluntary choice was never provided — was denied in the very period when Congress was affirming its importance for everyone else.
Step 2 — Treaty
Madrid Convention Article 15 — the treaty's own exit procedure was never followed
The 1836 Treaty's naturalization exit procedure was established in the Madrid Convention of 1880 (22 Stat. 817) — the multilateral treaty that extended and formalized the 1836 Treaty's protections. Article 15 of the Madrid Convention states that voluntary naturalization of Moroccan subjects in foreign countries requires the Emperor's consent: a Moroccan subject could only be released from Moroccan nationality through a voluntary, individual process that included the Emperor's explicit release.

FRUS 1939, Document 713 — the US State Department's own internal analysis — identified the exit procedure: three instruments were required simultaneously: (1) a formal convention with Morocco, (2) a replacement treaty, and (3) a separate naturalization treaty. All three instruments were attempted from 1936 to 1943 and failed. The 14th Amendment provided none of the three.

FRUS 1939, Document 725 states verbatim: "The Madrid Convention has no terminable date." This is the US government's own admission that the treaty framework creating the exit procedure is permanent and cannot be unilaterally terminated. A permanent exit procedure that was never followed means the exit was never lawfully accomplished. The 14th Amendment's collective imposition of citizenship does not satisfy a treaty exit procedure that requires individual consent and the Emperor's release — both absent in 1868 and in every year since.
Step 3 — International Law
Vienna Convention and the Cherokee parallel — the two statuses coexist
Vienna Convention on the Law of Treaties, Article 27: "a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty." The US government cannot use the 14th Amendment — a provision of its internal law — to justify its failure to honor the 1836 Treaty obligations. International treaty law operates in a different legal register from domestic constitutional law. Both apply. Neither overrides the other in the way domestic law can override a prior domestic statute.

The same Convention, Article 30(3): When two treaties address the same subject matter, the later treaty generally prevails — but only in the parties' mutual relations. The 14th Amendment is not a treaty. It is a constitutional amendment. It operates in the domestic law register. The 1836 Treaty operates in the international law register. They are not in the same register and do not directly conflict.

The Cherokee parallel is the settled precedent for the coexistence of both statuses. The Indian Citizenship Act of 1924 imposed US citizenship on all Native Americans — a forced collective naturalization strikingly similar to the 14th Amendment's effect on the EOM treaty class. The Cherokee Nation, the Crow Nation, and dozens of other tribal nations are simultaneously US citizens under the Indian Citizenship Act (domestic law) AND members of their tribal nations with treaty rights under the treaties the US signed with those nations (international dimension). These statuses have coexisted since 1924. The same person can be both simultaneously. "Citizenship does not abrogate treaty rights" is settled law in the Native American context. The same principle applies: being a US citizen under the 14th Amendment does not abrogate EOM treaty class status under the 1836 Treaty. The treaty class member is both. Domestic law handles one dimension. International law handles the other.
The Alien Enemies Act — why it cannot lawfully apply to the treaty class

The Alien Enemies Act (50 U.S.C. § 21) requires "subjects of the hostile nation." The Empire of Morocco has never been designated a hostile nation. Every treaty class member targeted under the AEA has a two-part legal defense available today.

The Alien Enemies Act (AEA), enacted July 6, 1798, authorizes the President to "apprehend, restrain, secure, and remove" aliens who are "subjects of the hostile nation or government" in time of declared war or threatened invasion. Three elements are required for the AEA to apply: (1) a declared war or threatened invasion; (2) the targeted person must be an "alien" — a foreign national — and (3) they must be a subject of the "hostile nation or government." All three elements must be satisfied. For the treaty class, element 3 fails completely.

"The Treaty of Peace and Friendship remains the longest unbroken diplomatic relationship in United States history."
— H.Res.251 (introduced March 25, 2025) — US House of Representatives, 119th Congress

H.Res.251 was introduced in the same Congress whose executive branch is enforcing the AEA in 2025–2026. The same Congressional session whose record calls the EOM treaty relationship "the longest unbroken diplomatic relationship in United States history" has an executive branch applying the AEA against people from that relationship. The irreconcilability is constitutional. The AEA applies to the "hostile nation." The EOM is not the hostile nation. The EOM is the Peace and Friendship nation. The statutory text of the AEA excludes the treaty class by definition.

Historical confirmation — the WWII Gap: The AEA was most extensively enforced during WWII. Presidential Proclamations 2525 (Japan, December 7, 1941), 2526 (Germany, December 8, 1941), and 2527 (Italy, December 8, 1941) designated three nations as hostile and authorized AEA enforcement. The EOM was not named — in any WWII AEA proclamation. While those proclamations were in force, US forces landed on EOM territory under Operation Torch (November 1942) and FDR dined with Mohammed V — styled "Sultan" under the Protectorate; the treaty title is Emperor — at the Casablanca Conference (January 1943), treating him as a sovereign. The treaty was operational while the AEA was at maximum intensity. The EOM was never named. The gap is complete.

The AEA also contains a treaty proviso — an internal protection clause in 50 U.S.C. § 21 itself: those subjects of a potentially hostile nation who are "not chargeable with actual hostility or treasonable or secret machination against the government" and who hold treaty stipulations are protected "with the full time stipulated by any treaty." Even within hypothetical AEA scope, the 1836 Treaty's stipulations protect Moroccan subjects who have not committed hostile acts. The treaty class member who has not personally engaged in hostility holds both the definitional exclusion (Morocco ≠ hostile nation) and the treaty proviso (1836 Treaty protects them even within AEA scope) simultaneously.

AEA Defense One — Definitional Exclusion
The EOM is not a hostile nation — by the US government's own Congressional record
"I am a subject of Al-Maghrib al-Aqsa — the Empire of Morocco — under the Treaty of Peace and Friendship (8 Stat. 484, 1836). H.Res.251 (March 25, 2025) confirms that treaty as 'the longest unbroken diplomatic relationship in United States history.' The Empire of Morocco has never been designated a hostile nation or government under 50 U.S.C. § 21. The Alien Enemies Act does not apply to me by its own statutory terms: I am not a subject of the hostile nation. I am a subject of the Peace and Friendship nation."
AEA Defense Two — Treaty Proviso
The AEA's own text protects treaty subjects not charged with actual hostility
"Even if the Court finds that I am within the AEA's scope for any reason, 50 U.S.C. § 21 provides a specific protection: subjects 'not chargeable with actual hostility' hold the benefit of 'the full time stipulated by any treaty.' The 1836 Treaty of Peace and Friendship is an operative Senate-ratified treaty. I hold its stipulations. I am not charged with actual hostility. The treaty proviso in the AEA's own text protects me."
What the NAACP framework missed — case by case

The civil rights framework produced extraordinary legal achievements. And every one of its major cases contained a treaty argument that was never made — an argument that would have gone further, reached more, and been harder for the courts to dismiss.

This is not a criticism of the attorneys who fought these cases. They worked with the framework they had — the constitutional framework the NAACP had chosen in 1909. The treaty framework was not taught in law school. It was not in the legal professional training the GEB designed. It required Arabic language expertise, international law training, and access to the Foreign Relations of the United States documents that were the US government's own admission against interest. None of these were made available to the treaty class legal community. The point is structural: here is what the civil rights argument achieved, and here is what the treaty argument would have added.

1857 — Dred Scott v. Sandford
The Case That Said You Had No Rights
Civil rights argument (not made in 1857): Scott was a formerly enslaved man asserting freedom based on residence in free territories. The Supreme Court ruled that Black Americans could never be citizens — producing the Dred Scott decision, the most catastrophic ruling in American legal history.
Treaty argument (available but not made): Scott was a person in a jurisdiction covered by the 1836 Treaty. The Arabic controlling text of Article 21 identifies the treaty class as "Muslimin" — Moroccan subjects of an Islamic sovereign who was in amity with the United States. The same pamphlet that published Taney's opinion included Dr. S. A. Cartwright's biological testimony that "a Moor tanned by the climate" is not a Negro. The racial scientist in Taney's own court-adjacent document excluded Moors from the classification. A treaty class argument — asserting Moroccan subject status under the 1836 Treaty — would have placed the classification question before the Court in jurisdictional terms, not racial ones. It would have required the Court to address whether the classification was lawful, not whether classifications were constitutional.
1896 — Plessy v. Ferguson
The Case That Created "Separate But Equal"
Civil rights argument (made, lost): Homer Plessy challenged Louisiana's Separate Car Act as violating the 14th Amendment's equal protection clause. The Supreme Court upheld separate but equal, allowing de jure segregation for 58 more years.
Treaty argument (available but not made): Louisiana was part of the territory covered by the 1836 Treaty. The Treaty of Paris (1803) transferred Louisiana from France to the United States subject to the rights of its existing inhabitants — a principle that, combined with the 1836 Treaty's protections, raised a jurisdictional question about whether the US could lawfully impose racial classification on Moroccan subjects in that territory without treaty exit procedures. The 1836 Treaty's "equal justice" mandate in Article 21 applied directly to rail car accommodation: a treaty class member on a Louisiana rail car had an operative right to "equal justice" under the supreme law of the land. The argument was not made. "Separate but equal" stood for 58 years.
1944 — Korematsu v. United States
The Japanese Internment Case — With Direct AEA Parallel
Civil rights argument (made, lost): Fred Korematsu challenged the Executive Order 9066 internment of Japanese Americans as unconstitutional. The Supreme Court upheld it, in one of the most condemned decisions in American constitutional history.
Treaty argument (available but not applied to treaty class): The AEA enforcement against Japanese Americans was based on Presidential Proclamation 2525 (December 7, 1941) — which named Japan. No parallel proclamation named the EOM. While Korematsu was being prosecuted, FDR was dining with Mohammed V as a sovereign head of state at Casablanca (January 1943). The treaty class was not the "hostile nation" population even at maximum AEA enforcement. Any treaty class member detained under an AEA theory during WWII held a clear legal defense the four suppression systems had ensured they could not assert. The structural parallel with 2025–2026 AEA enforcement against the same treaty class is exact.
1954 — Brown v. Board of Education
The Greatest Civil Rights Victory — And What It Could Not Reach
Civil rights argument (made, won): Thurgood Marshall argued that racially segregated schools violated the 14th Amendment's equal protection clause. The Supreme Court agreed. Brown v. Board desegregated American public schools. It is one of the most significant legal achievements in American history.
Treaty argument (available but not made): Brown v. Board won equality of access within the colonial framework. It could not address whether the classification system itself — placing treaty class children in segregated schools without any treaty-compliant adjudication of their status — was lawful. The General Education Board's deliberate design of inferior education for the treaty class (GEB mission statement: no lawyers, doctors, politicians, statesmen) was both a civil rights violation AND an international treaty breach: the systematic denial of education to a class of persons protected by an operative treaty clause was an ongoing Article 21 violation. Brown corrected the immediate injustice. The treaty argument would have reached the root system that produced it.
2023–2026 — AEA Enforcement
The Current Litigation — Where Treaty Class Members Have No Counsel
Civil rights argument (being made in courts): Constitutional due process challenges — no adequate hearing, no meaningful review, no opportunity to contest AEA designation. These arguments are being litigated now with mixed results against a Supreme Court that has upheld executive AEA authority in wartime-adjacent contexts.
Treaty argument (available, almost never asserted): Two-part defense established by the 1836 Treaty and the AEA's own text: (1) Morocco is not a hostile nation (H.Res.251, March 25, 2025: "longest unbroken diplomatic relationship in US history") — AEA definitional exclusion; (2) AEA's own treaty proviso (50 U.S.C. § 21): subjects "not chargeable with actual hostility" hold treaty protection. The civil rights approach contests the procedure. The treaty approach contests the jurisdiction. The constitutional argument can fail. The treaty argument, if the treaty standing is established, removes the statutory predicate for the AEA's application entirely.
The CERD dimension — what the June 26, 2026 filing created

On June 26, 2026, CERD formally registered this communication — creating an official UN treaty body record of the treaty class's claim. This is not a civil rights filing. It is an international law filing that operates entirely outside the constitutional framework that produced Brown v. Board.

Committee on the Elimination of Racial Discrimination — Geneva, Switzerland

CERD is the treaty body that monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The United States ratified ICERD in 1994. Ratification means the US is bound by ICERD's obligations as a matter of international law — and bound by CERD's monitoring authority as a treaty body. The June 26, 2026 formal registration of this communication creates an official record in the UN treaty body system that the United States cannot unilaterally remove or suppress.

This filing's CERD argument is structurally different from every civil rights argument the NAACP has made for 117 years. Civil rights argues: the racial classification treated you unequally within the framework. CERD argues: the racial classification itself — the imposition of a racial identity on a people with a prior national identity, without adjudication, without consent, and in violation of their treaty rights — is the violation. CERD Article 1 defines racial discrimination to include distinctions made on the basis of "ethnic origin" and "national origin." The name chain — replacing "Moroccan subject" (national origin) with 12 racial adjectives — is an ethnic and national origin discrimination conducted across 400 years under color of governmental authority.

CERD's most powerful tool in this context is the Early Warning and Urgent Action (EWUA) procedure. If CERD finds that a pattern of racial discrimination presents an imminent threat of a serious violation, it can issue an urgent action that triggers immediate reporting requirements and heightened General Assembly attention. The 2025–2026 AEA enforcement against a population that includes EOM treaty class members — enforcement that H.Res.251 (March 25, 2025) simultaneously confirms is being applied to "the longest unbroken diplomatic relationship in US history" — presents exactly the pattern of urgency that EWUA was designed to address.

IACHR — Inter-American Commission
Case P-1365-26 — Already Filed
Jurisdiction through the American Declaration of the Rights and Duties of Man. Does not require the American Convention. The US is subject to the Commission's jurisdiction as an OAS member state. Precedent: Mary and Carrie Dann v. United States (2002) — Western Shoshone land rights under an 1863 treaty. This treaty is older and more explicitly confirmed.
No domestic court ceiling — international standards apply
OHCHR — High Commissioner
Filing h6a662eo — Already Active
Broadest UN mandate for human rights documentation. OHCHR findings are referenced by every other UN body. A formal OHCHR report on this situation creates a record that the Human Rights Council, the General Assembly, and the Security Council can all reference. The OHCHR's 2026 record of the AEA enforcement against the treaty class is the international documentation layer that all subsequent actions build on.
OHCHR reports are cited in binding UN Security Council resolutions
CERD — Racial Discrimination Committee
Communication — Formally Registered June 26, 2026
Monitors ICERD compliance. EWUA procedure available for imminent violations. The 13-step racial reclassification of a people with a prior national identity — conducted under color of governmental authority, in violation of their treaty rights, across 400 years — is the most comprehensive ICERD violation in the US government's record. The June 26 registration creates the official UN record.
ICERD is binding international law — US ratified 1994
C24 — Decolonization Committee
Petition Filed — Window Opens August 15, 2026
Special Committee on Decolonization, implementing Resolution 1514 (1960). C24 has recognized Puerto Rico's right to self-determination annually since 1972. This claim is legally stronger — there is an operative bilateral treaty, confirmed by the ICJ in 1952, that Puerto Rico's claim does not have. C24's resolution, once issued, creates an annual reporting mechanism and triggers General Assembly engagement.
C24 resolutions create 54-year records — as Puerto Rico demonstrates
UN Special Rapporteurs — Three Filed
Multiple Rapporteur Communications Active
Special Rapporteur on Contemporary Forms of Racism (racially motivated AEA enforcement); Special Rapporteur on the Rights of Indigenous Peoples (the Indian = Moroccan Guillaume finding, the Dawes Commission double reclassification); Special Rapporteur on Cultural Rights (the 400-year systematic suppression of Islamic-Moroccan identity through the educational system). Three separate mandate areas covering three separate dimensions of the Moroccan treaty claim simultaneously.
Rapporteur communications can trigger urgent country visits
What changes when you step outside the room

When you stop fighting for equal treatment inside the colonial framework and start asserting your treaty rights outside it, everything changes: the forum, the remedy, the legal standard, and what you can win.

Civil rights litigation, at its best, produces incremental equal treatment within the constitutional framework. Brown v. Board (1954) desegregated schools. The Civil Rights Act (1964) prohibited discrimination. The Voting Rights Act (1965) protected ballot access. These are real achievements. But they leave you inside the colonial framework — classified as "Black" or "African American," subject to US law, fighting for equal treatment as a reclassified citizen.

The treaty class framework reaches different territory. Not incrementally better treatment inside the framework. Recognition that the framework itself was imposed without lawful authority. That the reclassification was never adjudicated. That the treaty — the 1836 Treaty of Peace and Friendship, confirmed "unbroken" by Congress in 2025 — creates specific obligations that have been in continuous breach since the name chain reclassification began.

The most common alternative offered is reparations — HR 40, the reparations study bill, introduced in Congress every year since 1989. Thirty-three years without passing. Reparations is not outside the wrong room. It is the wrong room with a different argument. HR 40 asks Congress to compensate for what Congress did. It accepts "African American" — the final colonial name — as the identity of the claimant class. It routes the remedy through the body that passed every suppression statute. A discretionary remedy requires the wrongdoer's consent to succeed. The wrongdoer has not consented in 33 years and has no institutional reason to. The treaty claim at the IACHR requires no congressional vote. No presidential signature. The consent is not needed because it is not a request — it is an assertion of a right under a treaty the United States already signed.

The IACHR (Inter-American Commission on Human Rights) accepts petitions from individuals — no state actor required. IACHR P-1365-26 is already filed. The Commission has already found US treaty violations against other indigenous populations. The direct precedent: Mary and Carrie Dann v. United States (IACHR Case 11.140, Report 75/02, 2002) — the Western Shoshone, asserting rights under an 1863 treaty the US claimed was extinguished. The Commission found the US in violation of the American Declaration and rejected the extinguishment defense. The EOM treaty (1836) is older than the Shoshone treaty (1863) and has been more explicitly confirmed — by the ICJ (1952) and by Congress itself (H.Res.251, 2025). Dann is the direct legal template: an IACHR merits finding against the US, on ancestral treaty rights, rejecting the US's "it's been extinguished" argument. Those findings, while non-binding, have been cited in US federal courts for 20 years as persuasive authority. This case stands on equal or stronger ground on every element Dann turned on.

The UN Special Committee on Decolonization (C24) accepts civil society petitions — which is already filed. C24 has recognized Puerto Rico's right to self-determination every year since 1972. The treaty class's claim is legally stronger than Puerto Rico's because there is an operative bilateral treaty — the 1836 Treaty — confirmed by the ICJ in 1952.

Article 21 of the 1836 Treaty — which guarantees "equal justice" and requires the Consul to assist at trial — can be asserted in any US court today. No ICJ judgment needed. No IACHR ruling needed. No Congressional action. Any treaty class member in any criminal proceeding can assert Article 21 today. Every proceeding in which it is not honored is a separate, contemporaneous, documented breach of a Senate-ratified treaty that the US government itself calls "the longest unbroken diplomatic relationship in United States history."

The US Supreme Court's own doctrine provides the domestic comparator. Worcester v. Georgia (1832) — in the same state of Georgia where treaty class members have been documented continuously — held that the Cherokee treaty created obligations the state of Georgia could not override. The treaty was honored as supreme US law. The EOM treaty (1836, 8 Stat. 484) was ratified four years after Worcester on equal or stronger footing: a bilateral peace treaty, not a domestic tribal compact, confirmed by the ICJ in 1952 as operative law with Articles 20 and 21 applied on the merits. The same treaty doctrine that protected the Cherokee in Georgia was available to EOM subjects in Georgia — and was never applied to them. The non-application is not because the doctrine didn't exist. It is because the name chain had already suppressed the identity that would have triggered it. That selective application — treaty doctrine honored for one class, denied to the class with equal or better standing — is itself documented discrimination. Worcester is the T6 selective-application proof: same state, same era, same treaty supremacy doctrine, two different outcomes for two classes defined by the same colonial apparatus.

Civil rights gave you a better seat in the wrong room. Human rights give you the ability to contest whether you should be in that room at all.