Indigenous Peoples and Human Rights
January 20, 2014
Mohawk Nation News 'Founding Fadders'
John Kane: Inherent sovereignty isn't mandated by federal recognition
John Kane Addresses “Inherent Sovereignty”
at Federal Recognition Conference at Arizona State University
By Liz Hill
WASHINGTON, D.C. (Jan. 20, 2014 – John Kane, Mohawk activist and national commentator on Native issues, was a featured speaker Thursday, Jan. 16, at “Who Decides You’re Real? Fixing the Federal Recognition Process,” a two-day conference at Arizona State University in Tempe. The conference was hosted by the Indian Legal Clinic at the Sandra Day O’Connor College of Law at Arizona State University.
Kane was one of four experts speaking on a panel addressing “Inherent Sovereignty.” The panel moderator was Frank Ettawageshik, former chairman, Waganakising Odawa - Little Traverse Bay Bands of Odawa Indians. Other panelists included Jack Trope, executive director, Association of American Indian Affairs and John Norwood, tribal councilman, principal justice of the Tribal Supreme Court, Nanticoke Lenni-Lenape Tribal Nation.
Kane’s presentation, which came at the conclusion of the panel, drew a standing ovation from the audience. His remarks can be found at the 1:27 mark at http://mediasite.law.asu.edu/ media/SilverlightPlayer/ Default.aspx?peid= 824c4937ac504f03abf9fe96c2757d 811d.
Excepts from Kane’s remarks follow.
"Inherent sovereignty is a unique concept. Throughout the world, especially in the dominant European world, sovereignty was the biggest lie ever told. It was where “God” bestowed ruling authority upon a certain family — a crown. Biggest lie ever told."
"OUR sovereignty — our right to life and our freedom — is a product of Creation. When we do an opening [Ohenton Karihwatehkwen] in my homeland, in the territory of Haudenosaunee, we do a whole acknowledgement about relationships. We start by acknowledging the people, everybody who is here. We acknowledge the ground to the stars. We talk about relationships. The problem with the federal recognition process is it’s all about ONE relationship between a specific Native people — we say the Ohnkwe Ohnwe, the original people, forever in both directions, that’s our word — and the Bureau of Indian Affairs."
"I’m not recognized by the Bureau of Indian Affairs. I’m not a tribe, band or nation of Indians subordinate to the laws or customs of the U.S. There is no Mohawk Nation recognized by the BIA. There is the St. Regis Tribe. And they actually threw the word Mohawk in there not long ago, so they’re the St. Regis Tribe of Mohawks. But we’ve seen this happen to all of us. Now, it’s the Oneida Tribe of Wisconsin, the Oneida Indian Nation of New York, the Seneca Nation of Indians, and the Tonawanda Band of Senecas. Somewhere along the line somebody drew a border right through Kanienkehaka territory. Part of this border is the St. Lawrence River but most of my people live on either side of this imaginary line. So the observation about the non-federally recognized people asserting more sovereignty than perhaps the federally recognized ones? I think we qualify for that because we don’t let that stop us. You will never see us apply. You will never see the Kanienkehaka submit a petition for federal recognition."
"Now I understand the value of that [federal recognition]. And let’s face it. The 800-pound gorilla in the room is gaming — and federal funding. But we need to do more for each other. What’s missing in the declaration that will be presented later and signed [at this meeting] is trade and commerce among each other. We need to have THESE kinds of relationships with one another. THAT is the definition of sovereignty, of sustainability, and not what federal funding we can get or how many casinos we can operate. Now I’m not condemning gaming but let’s be clear — gaming is not possible because of IGRA. And it’s not possible because of Cabazon. It is possible because of sovereignty. All Cabazon did was to recognize what we already knew. Of course it paved the way for non-Native people to become our vendors and opened the door for state governments to get into our businesses. That’s what IGRA did. But it also opened the floodgates to a whole lot of people anxious to get a casino. Federal recognition is the pathway for that."
"We need to start recognizing each other. When I talk about our Ohenton Karihwatehkwen– that opening we do – we talk about relationships. But if we’re not talking about these relationships, and if all we’re talking about is a petition that ends up on the desk of someone at the BIA, we’d better start thinking about decolonizing our minds."
“We need to rethink the definition of federal recognition because I’m not a ‘tribe, band or nation of Indians’ subordinate to the laws and customs of the U.S. I acknowledge them but they need to acknowledge us. The battle that rages even among us in this whole process is the debate about how the federally-recognized tribes deal with non-recognized tribes. That’s a whole other challenge. We need to be standing with each other. Whether the BIA wants to recognize any of us or not, we need to make sure that we recognize each other. We need to be standing beside one another and de-colonizing our minds.”
A question-and-answer session followed the panel discussion. Kane was asked for the reasons why he believes that Mohawks will never petition for federal recognition. “Distinction is [at the heart of] the issue,” said Kane. “The problem with the federal recognition process and what is recognized is that it changes the dynamics of a people, because once it is granted there seems to be this move toward more assimilation. There seems to be [the mindset of], “Let’s build something that looks and feels like the state or federal government” whether it’s the regulatory systems [or something else]. It’s the issue of distinction and autonomy. Sovereignty doesn’t mean that we DON’T have a relationship with the federal government. If someone receives federal funds, and then someone says, “Oh, you’re not sovereign because you receive federal funds,” then what does that say about, for example, Israel? What does that say about any other nation that the federal government throw a ton of money at? In the Mohawk language, the word we use for “treaty” is “we give up our land for peace.” Well, we didn’t just give it up for peace. There were some obligations made then. So when I sit here and hear commentary from a Justice Marshall that says we’re “wards of the state,” or that we’re “domestic dependent nations,” that doesn’t mean that we’re not sovereign. We are not wards of the state. It is not charity that comes into our territory. That’s obligation. That’s debt. We are creditors. But this federal recognition process and what happens when the federal government says “now we recognize you as a tribe, band or nation of Indians subordinate to OUR laws, that’s the biggest obstacle that I have toward it [federal recognition].”
# # # #
About John Kane
John Karhiio Kane is a Mohawk from Kahnawake. He lives on the Cattaraugus Territory of the Seneca Nation and has a direct connection to the people and territories of the Six Nations. John has been involved for most of his adult life in Native issues and, specifically, defending Native sovereignty. Part of the First Nations Dialogue Team in the late 90s, he worked extensively with the League of First Nations in battles with New York State over taxation. John, an expert commentator on Native American issues, is host of a two-hour weekly radio show, "Let's Talk Native...with John Kane" – now in its fourth year – which airs on ESPN Sports Radio WWKB-AM 1520 in Buffalo, New York. He appears frequently on regional TV and radio programs, including “The Capitol Pressroom with Susan Arbetter,” “YNN - Your News Now,” and WGRZ Buffalo Channel 2's (NBC) “2 Sides with Kristy Mazurek.” He has been featured on Al-Jazeera Arabic, with more than 50 million viewers in the Arab world. John is a regular guest/commentator and guest host on WBAI-FM (Pacifica) in New York City; WPFW-FM (Pacifica), Washington, D.C.; KFAI-FM, Minneapolis/St. Paul, Minn.; and KQRS-FM, KXXR-FM and WGVX-FM, Minneapolis. He is an op-ed columnist for “The Two Row Times,” a weekly news publication that reaches the Ontario-wide Native market and Haudenosaunee communities in the U.S. John publishes the Native Pride blog, which can be found at www.letstalknativepride. blogspot.com. His blog has readers in 20 countries. John has a page on the ESPN website at http://www.espn1520.com/pages/ 17325417.php and a "Let's Talk Native...with John Kane" group page on Facebook. In late 2013, John was honored with a Community Leader Media Award from the National Federation for Just Communities of Western New York.
Liz Hill
Liz Hill Public Relations, Ltd.
1514 17th Street, NW, #402
Washington, DC 20036
(202) 744-7629 (cell/work)
(202) 483-3609 (fax)
January 18, 2014
Photos Rights of Nature Tribunal Ecuador 2014
Photos by Pennie Opal Plant
.
Rights of Nature Summit and Tribunal in Ecuador this week! 2014.
By Censored News
Bolivia's Pablo Solon, among those instrumental in the Mother Earth Conference in Cochabamba, Bolivia, in 2010, was at the gathering in Ecuador this week. Solon said the redistribution of wealth is necessary to end violence and ensure the rights of nature.
"Humanity needs a new kind of system and economy that has human rights and rights of nature in its heart. The future depends on our capacity to recover our humanity and preserve the vital cycles of the Earth system. We envision an economy that is grounded on the recognition that humans are part of [and not above] Mother Earth," Solon said.
FIRST WORLD TRIBUNAL ON RIGHTS OF NATURE HEARS EIGHT CASES FOR ADMISSIBILITY
GLOBAL ALLIANCE FOR RIGHTS OF NATURE COMMITS TO DEEPEN AND EXPAND THE WORLDWIDE MOVEMENT, QUITO, ECUADOR
By Global Alliance for Rights of Nature
Censored News
The world’s first Tribunal on the Rights of Nature is being held in Quito, Ecuador, today. Headed by Vandana Shiva, physicist and internationally renowned environmental activist, this “Seed” Tribunal is hearing eight cases to determine their admissibility for adjudication at a later Tribunal, which will be held in another city and country later this year. The Tribunal for Rights of Nature will become permanent, hearing cases around the world.
Censored News
The world’s first Tribunal on the Rights of Nature is being held in Quito, Ecuador, today. Headed by Vandana Shiva, physicist and internationally renowned environmental activist, this “Seed” Tribunal is hearing eight cases to determine their admissibility for adjudication at a later Tribunal, which will be held in another city and country later this year. The Tribunal for Rights of Nature will become permanent, hearing cases around the world.
The cases and the persons presenting the factual arguments for admitting them for adjudication under Rights of Nature are:
BP Esperanza MartÃnez, Ecuador
Fracking Shannon Biggs, United States
Chevron Julio Prieto, Ecuador
YasunÃ-ITT Carlos Larrea, Ecuador
Great Barrier Reef Michelle Maloney, Australia
MinerÃa Condor Mirador Nathaly Yépez, Ecuador
GMOs Elizabeth Bravo, Ecuador
Climate Change Pablo Solón, Bolivia
The international panel of judges sitting on the Tribunal includes:
Alberto Acosta, economist and former President of the Constituent Assembly from Quito, Ecuador
Tantoo Cardinal, actress (e.g., Dances with Wolves) from the Tar Sands of Canada
Blanca Chancoso, Kichwa leader and educator from Cotacachi, Imbabura, Ecuador
Cormac Cullinan, lawyer and author (Wild Law), Earth Democracy Coop, Cape Town, South Africa
Tom Goldtooth, Dine’/Dakota, director of Indigenous Environmental Network from Minnesota, US
Julio César Trujillo, constitutional lawyer for Yasunidos from Quito, Ecuador
Elsie Monge, human rights activist and president of CEDHU y FIDH from Quito, Ecuador
Atossa Soltani, founder and director of Amazon Watch from Washington, DC, US
Enrique Viale, environmental lawyer from Buenos Aires, Argentina
Native rights activist Casey Camp-Horinek (Ponca from Oklahoma, US) andPatricia Gualinga, an indigenous of the Amazon and director of Sayaku, will provide expert witness testimony on the critical importance of Rights of Nature.Carlos Pérez will provide testimony as to his recent actions in defense of Mother Earth, the reasons for his actions and its consequences.
The Tribunal begins at 8:30 and concludes at 17:00. Before rendering her judgment at the end of the day, Vandana Shiva will speak to the issues at stake in this Tribunal and the worldwide Rights of Nature movement.
The Tribunal marks the end of a five-day summit of more than 60 global leaders of the Rights of Nature movement who form part of the Global Alliance for the Rights of Nature. The participants hail from Australia, Switzerland, South Africa, United States, Spain, Canada, India, Romania, Bolivia, Argentina, and the United Kingdom, as well as Ecuador.
The Global Alliance for Rights of Nature was founded at a gathering in Ecuador in 2010, two years after Ecuador became the first nation in the world to adopt Rights of Nature in its Constitution. At the summit, the leaders committed to redoubling their efforts to broaden and deepen the movement worldwide over the coming year, with a series of actions that will be detailed in the next months.
The Rights of Nature movement draws on the wisdom and cosmovision of indigenous peoples in positing a new jurisprudence that recognizes the right of nature in all its forms to exist, persist, evolve and regenerate.
CONTACT: Robin R. Milam
1.530.272.4322/Nature@TheRightsofNature.org
Read more on Australia's Great Barrier Reef and summit and tribunal in Ecuador:1.530.272.4322/Nature@TheRightsofNature.org
http://bsnorrell.blogspot.com/2014/01/casey-camp-at-rights-of-nature-summit.html
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