[IPSM] Six Nations Confederacy Statement on Land Rights

[fiona at resist.ca]

Land Rights Statement from the Six Nations “Iroquois” Confederacy, Grand
River County

As adopted in council November 4th, 2006

The council of chiefs of the Haudenosaunee, Grand River Territory, wish to
affirm and clarify our land right in the tract confirmed by Governor
Frederick Haldimand on October 25th, 1784. In making this statement, the
council of chiefs wants to make it clear that we hold certain land ethics
and principles that must be respected in any agreements on land use or
occupation. The Haudenosaunee, and its governing authority, have inherited
the rights to land from time immemorial. Land is a birthright, essential
to the expression of our culture.

With these land rights come specific responsibilities that have been
defined by our law, from our Creation Story, the Original Instructions,
the Kaianeren:kowa (Great Law of Peace) and Kariwiio (Good Message). Land
is envisioned  as Sewatokwa’tshera’t, (the Dish with One Spoon); this
means that we can all take from the land what we need to feed, house and
care for our families, but we also must assure that the land remains
heathy enough to provide for the coming generations. Land is meant to be
shared among and by the people and with the other parts of the web of
life. It is not for personal empire building.

First and foremost is the concept that we are connected to the land in a
spiritual way. The earth is our mother and provides for our long term well
being, provided that we continue to honor her and give thanks for what she
has provided. We Haudonausaunee have upheld our tradition of giving thanks
through ceremony, and in the cultural practices that manifest our beliefs,
values, traditions and laws. Planting, cultivating, harvesting, gathering,
hunting, and fishing also have spiritual aspects that must be respected
and perpetuated if the land is to provide for our future generations, and
the future generations of our neighbors. We are stewards. Our spiritual
obligation is part of that stewardship.

Second, according to our law, the land is not private property that can be
owned by any individual. In our view, land is a collective right. It is
held in common, for the benefit of all. The land is actually a sacred
trust, placed in our care for the sake of the coming generations. We must
protect the land. We must draw strength and healing from the land. If an
individual, family or clan has the exclusive right to use and occupy land,
they also have a stewardship responsibility to respect and join in the
communities right to protect the land from abuse.

We have a duty to utilize the land in certain ways that advance our
Original Instructions. All must take responsibility for the health of our
mother.

Our ancestors faced overwhelming odds and relentless pressure to give up
our lands. We all know that unscrupulous measures were employed to seduce
our ancestors into “selling” the land. At other times, outright fraud took
place, as was acknowledged in the Royal Proclamation of 1763. The
agreements we recognized reflect an intention to share the land, and to
lease the land, within the context of the Covenant Chain relationship that
our nations maintain with the Crown.

Our wampum belts, treaty council documents and oral history inform us that
we always retained the right to hunt, fish, and gather upon all of our
lands. This reflects the spirit of sharing that we expect to continue, and
is another example of the Dish with One Spoon.

We seek justice in our long standing land right issues. We seek an
accurate accounting of the use and investment of the funds held by the
Crown on our behalf, and land transactions conducted by the Crown
involving our lands. For nearly tow hundred years our chiefs have been
asking for such accounting and justice. Generations of our elders have
passed away with these matters unresolved. It is time to end the
injustice.

Our faith in the Canadian people is strong, as we feel that the majority
of Canadians also want to see justice on these matters. However, their
elected representatives and public servants have failed to act effectively
to address and resolve these matters. It is time to let the cloud of
denial and our cases should be addressed with utmost good faith and
respect. We firmly believe that if we have respect and trust, we will find
mutually agreeable solutions that will reflect our long standing
friendship.

We want the land that is ours. We are not interested in approving
fraudulent dispossessions of the past. We are not interested in selling
the land. We want the Crown to keep its obligations to treaties, and
ensure all governments – federal, provincial and municipal – are partners
in those obligations. We want an honorable relationship with Canada.

That relationship, however, must be based on the principles that were set
in place when our original relationship with the Crown was created. That
is the rule of law that we seek. It involves the first law of Canada – the
law that Canada inherited from both france and Britain. It is the law of
nations to respect the treaties, to not steal the land, or take advantage
of indigenous peoples by legal trickery. As the supreme court of Canada
has frequently stated, where treaties are involved, the honor of the Crown
is always at stake.

We seek to renew the existing relationship that we had with the Crown
prior to 1924. That relationship is symbolized by the
Tehontatenentsonterontahkwa (the thing by which they link arms), also
known as the Silver Covenant Chain of Peace and Friendship. Our ancestors
met repeatedly to repolish that chain, to renew its commitments, to
reaffirm our friendship, and to make sure that the future generations
could live in peace, and allow the land to provide its bounty for the
well-being of all the people. The Covenant Chain symbolizes our treaty
relationship, also symbolized by Tekani Teyothata ‘tye Kaswenta (Two Row
Wampum) which affirms the inherent sovereignty and distinctness of our
governments. An essential part of the relationship is our commitment to
resolve matters through good faith negotiation between our governments,
including consultation on any plans which might affect the other
government or its people.

In any land issue, we want it understood that the following principles
will govern any actions taken by the Haudenosaunee Council of Chiefs of
the Grand River Territory:

•	The land is sacred to us. It defines our identities, belief system,
languages, and way of life.

•	We hold the aboriginal and treaty title to our lands collectively.

•	Our treaty relationship with the Crown is still alive and in force and
directs our conduct in our relationship to Canada. Within this
relationship, the terms of the treaties continue to bind both our
government and the Crown.

•	We require careful accounting for the Crown’s dealing with our lands,
and the return of any lands that were improperly or illegally taken from
our ancestors.


•	We require an accounting for the funds administrated or held by the
Crown for the Six Nations people, and restitution of any funds unaccounted
for.

•	It is not only within the context of our treaty relationship with the
Crown that we see justification for such accounting and restitution.
Canadian and international law is clear on the right of the Haudenosaunee
to seek justice on these matters.

•	In any agreements with the Crown concerning land our goal is to promote
and protect a viable economy for our people on our land – an economy that
will be culturally appropriate, environmentally sustainable, and not
injurious to our people and neighbors.

•	Our fundamental approach is that Six Nations lands will come under the
jurisdiction, management and control of Six Nations people. The federal
and provincial governments must not impose jurisdictional, policing,
taxation, and/or economic activities as part of the land rights
settlement.


(this statement was transcribed as it appeared in the Six Nations local
newspaper Tekawennake in the Wednesday, November 22nd, 2006 edition)