The Rights of the Land The Onondaga Nation of central New York proposes a radical new vision of property rights BY ROBIN KIMMERER Published in the November/December 2008 issue of Orion magazine BEFORE FIRST LIGHT we board a bus and at last light we return, just as the October hills of central New York shade to burgundy and the lights come on in dairy barns for evening chores. Teachers, students, clan mothers, chiefs, journalists, scientists, activists, and neighbors like me—I see all our faces reflected in the bus windows. For the Onondaga, this trip to federal court in Albany to defend their right to care for their land has been a long time coming, a journey of generations. The highway rises out of the enfolding hills to a ridge, where the land suddenly spreads out below. I see forests, farms, orchards, and, in the distance, the lights of downtown Syracuse. Plumes from smokestacks catch the rosy light above Onondaga Lake, a pewter oval reflecting the sky. The first part of this tale is familiar, which makes it no less shameful. The ancestral territory of the Onondaga stretches from the Pennsylvania border north to Canada. Historically, it was a mosaic of rich woodlands, expansive cornfields, lakes, and rivers. Rights to these lands were guaranteed by treaties between two sovereign nations, Onondaga and the United States. But over the years, illegal takings of land by the state of New York diminished the aboriginal Onondaga territories from 2.6 million acres to a tiny reservation of just 7,300 acres. The Nation’s current territory does not even include the heart of their ancestral home, Onondaga Lake, one of Native America’s most sacred sites. In the seminal Onondaga story of the Peacemaker, a figure appeared across the water of Onondaga Lake during a time of war, a beautiful youth in a white stone canoe. The stone canoe signifies the weight of the message with which he was entrusted, the Great Law of Peace. Most people of the warring nations turned him away; few would listen. But as the Peacemaker grew to old age, one by one the leaders finally heard the message of peace and set aside their war clubs. On the shore of Onondaga Lake, the Peacemaker gathered together all fifty of the reconciled chiefs. To signify the peace, they cast their weapons into a great hole, on top of which the Peacemaker planted an enormous white pine. The five bundled needles of the white pine represent the union of five tribes: the Onondaga, Seneca, Cayuga, Oneida, and Mohawk. Its roots, spread out to the four directions, represent the invitation to all to live by the Great Law, which sets forth a vision of right relationships between people and the Earth. Thus was born what the European settlers understood as the Great League of the Iroquois, what the people themselves call the Haudenosaunee Confederacy, the oldest continuous democracy on Earth. Chief Irving Powless Jr., an Onondaga elder, likes to remind listeners that walking beside the Peacemaker was Hiawatha—not Longfellow’s invention, but the real one. It was Hiawatha, standing by this very lake, who bound together the five arrows. One arrow alone, he said, can be broken, but the bundle of five is too strong. The structure of the Iroquois Confederacy became the model for the colonist’s new union, and the symbolism stands today: the eagle in the great seal of the United States holds those five arrows in its talons. It was beneath that very seal that the Onondaga pled their case in federal court. Chief Powless also likes to say that when the colonists adapted Haudenosaunee ideas for their government, they took only the parts that they liked. “If it were up to us, we wouldn’t have written the Bill of Rights without a Bill of Responsibilities,” he told me. Despite its status as the birthplace of American democracy, there is no monument on the shores of Onondaga Lake. Today, the soil where the Peacemaker walked is a Superfund site. In fact, it’s not soil at all, but a slippery white mass of industrial waste, thirty feet deep, left over from soda ash production by Allied Chemical. More than 144 million tons of mercury-laden waste were spewed onto the lake bottom. The water is a stew of sewage and assorted toxic wastes. If you walk on the waste beds, you can see rusting barrels, oozing leachate. The sacred and the Superfund share this shore. ON A FIELD TRIP to the lake with school kids from the Onondaga Nation, Audrey Shenandoah shares her memories, recalling the lake as a place “where the willows touch the water”—a beautiful place, a place for fishing, for gathering plants, for family picnics, for ceremonies. Audrey is a clan mother, writer, and teacher. As an advisor to the United Nations, she has been a voice on behalf of indigenous peoples and the environment all over the world. The teaching of “think not of yourself, but of the seventh generation” is not an abstraction for her. “We were told to hold tight to our way of life,” she says, “to honor our ancient teachings, not just for ourselves but for everyone.” Just as water and birds and fish were given certain responsibilities in the world, so too were the people. They are called upon to give thanks and to take care of all the other gifts. For these school kids, the day begins and ends not with the Pledge of Allegiance, but with the Thanksgiving Address, known also as the “words that come before all else.” This river of words calls out to every element of the living world. Water, trees, fish, birds, and berries are thanked for the gifts that they provide, for meeting their responsibilities and sustaining life. Clan mother Freida Jacques explains it this way: “We have a culture of gratitude. These words are used to open and close all gatherings in our daily lives, bringing the listeners’ minds together in offering thanksgiving, love, and respect to the natural world.” Audrey gazes out over the lake, her snowy hair swept to a graceful knot at the nape of her neck. “When I was a little girl,” she says, “I always heard talk about a land settlement. This was the dream I’ve heard all of my life.” That dream is finally inching closer to reality, and with it, quite unexpectedly, comes a process of healing and transformation for an entire region. ON MARCH 11, 2005, the Onondaga Nation filed a complaint in a federal court in Syracuse seeking title to their lost homelands. Their claim is made under United States law, but its moral power lies in the directives of the Great Law: to act on behalf of peace, the natural world, and the future generations. The motion begins with this statement: The Onondaga people wish to bring about a healing between themselves and all others who live in this region that has been the homeland of the Onondaga Nation since the dawn of time. The Nation and its people have a unique spiritual, cultural, and historic relationship with the land, which is embodied in Gayanashagowa, the Great Law of Peace. This relationship goes far beyond federal and state legal concerns of ownership, possession, or other legal rights. The people are one with the land and consider themselves stewards of it. It is the duty of the Nation’s leaders to work for a healing of this land, to protect it, and to pass it on to future generations. The Onondaga Nation brings this action on behalf of its people on the hope that it may hasten the process of reconciliation and bring lasting justice, peace, and respect among all who inhabit this area. The lawsuit is not a land “claim,” because to the Onondaga land has far greater significance than the notion of property. Sid Hill, the Tadodaho, or spiritual leader, of the Haudenosaunee Confederacy, has said that the Onondaga Nation will never seek to evict people from their homes. The Onondaga people know the pain of displacement too well to inflict it on their neighbors. Instead the suit is termed a “land rights action.” When they finally got their day in court last October, members of the Onondaga Nation argued that the land title they’re seeking is not for possession, not to exclude, but for the right to participate in the well-being of the land. Against the backdrop of Euro-American thinking, which treats land as a bundle of property rights, the Onondaga are asking for freedom to exercise their responsibility to the land. This is unheard of in American property law. In other land claims around the country, some tribes have negotiated for cash, land, and casino deals, reaching for relief from grinding poverty on the last shreds of their territories. But the Onondaga envision a radically different solution that honors their ancestral land and their spiritual responsibilities to it. Above all, the land rights action seeks title for the purpose of ecological restoration. Only with title can they ensure that mines are reclaimed, toxic waste removed, and Onondaga Lake cleaned up. The action strengthens the ability of the Onondaga to exercise their traditional role as stewards of their homelands. Tadodaho Sid Hill says, “We had to stand by and watch what happens to Mother Earth, but nobody listens to what we think. The land rights action will give us a voice.” The legal action concerns not only rights to the land, but also the rights of the land, its right to be whole and healthy.