“To those who say how can a river have rights? I say how can it not?”
Samuel Gensaw, (Yurok) Director of the Ancestral Guard, artist, Yurok Language speaker, singer, writer, cultural/political/environmental activist, regalia maker, mediator, youth leader & fisherman
What Are the Rights of Nature in Indian Country?
Rights of Nature is a global movement spreading across Indian Country to protect our lands and natural resources for generations to come by recognizing nature’s legal rights. At its core, Rights of Nature law codifies Indigenous values for caring for Mother Earth. For the last 4 years, the Bioneers Indigeneity team has been exploring how Rights of Nature can be implemented by Tribes in the United States. We ran our strategy across a working group of Tribal leaders, attorneys, and organizers. We meticulously researched intersections of the law to anticipate ways to bring about Rights of Nature in Indian Country. We developed a guide for Tribal organizers to build capacity to present and pass a Rights of Nature law to protect lands, waters, and key species. And, we have begun to share information with Tribes interested in exploring Rights of Nature through regional workshops in the Southwest and Northeast.
Biggest Ever Intertribal Rights of Nature Gathering
We held our most ambitious Rights of Nature gathering to date on September 21-22, 2023, with the generous support of the San Manuel Band of Mission Indians and hosted at the Agua Caliente Resort and Spa in Rancho Mirage, California. The gathering was attended by over 230 participants, representing 79 Tribes, including 26 California Indian Tribes. Based on our collective value for honoring 7th-generation wisdom, participants ranged in age from elders to youth. Keynote speakers included Tribal leaders from coast to coast as well as legal experts and youth.
Interactive breakout workshops for community organizers, lawyers/Tribal leaders, and youth offered multiple strategies for bringing Rights of Nature to Tribes.
The Grassroots Community Organizing workshop approached this by recognizing that the greatest social change starts from the ground up. Participants were taken through a series of activities designed to support then in identifying the links between Tribal activism, Traditional Ecological Knowledge, and Rights of Nature. Facilitators then offered a series of adaptable practical steps for organizing a Rights of Nature campaign to suit their communities’ unique cultural, historical, and environmental contexts.
In the Legal/Tribal leader Workshop, participants learned about how Tribal sovereignty plays into a Rights of Nature law, how to take a Rights of Nature case through the court system and win, how to prepare for different legal outcomes of Rights of Nature law, and how to use government programs for Federally Recognized Tribes to protect nature while strengthening Tribal economies. Participants shared specific contexts where Rights of Nature might be implemented in their communities, and facilitators addressed how this can be done.
The Tribal Youth Workshop was inspired by the Mashpee Wampanoag youth who successfully petitioned their Tribal Council to adopt the Rights of Herring and Yurok youth working to protect the Klamath River through activism and ceremony. Through a series of hands-on activities, participants gained insights into how Tribal Councils operate, acquired skills to create impactful regulations, and came to understand the process of approval. By the end of the session, youth participants expanded their leadership skills and developed the confidence to cultivate community unity and growth.
After the breakout sessions, participants were treated to a gala dinner reception. The meal was organized by James Beard Award-winning Mashpee Wampanoag chef Sherry Pocknet, serving foods Indigenous to North America. Over dinner, participants discussed reflections and exciting ideas for the future of Rights of Nature in their communities. In true intercultural exchange, the evening ended with performances featuring Bird Singers, Hawaiian songs, and Mashpee Wampanoag intertribal song and dance.
Connecting With the Land
“We are not protecting nature. We are nature protecting itself”
Casey Camp, activist, environmentalist, author, and Hereditary Drumkeeper of the Women’s Scalp Dance Society of the Ponca Nation of Oklahoma.
It is impossible to understand the magnitude of Rights of Nature without being on the land. On the second day of the gathering, participants journeyed to Andreas Canyon. This oasis was once the winter home of Cahuilla Peoples, who cared for this place for thousands of years. It was easy to understand why this place is so sacred to the Cahuilla, with its perennial stream, palms, and rock formations. We saw firsthand how the people connected with the canyon, with its grinding rocks, shady outcrops, and vibrant ecosystem of birds and other animals. We were generously hosted by Bird Singers, who stayed with us all morning, calling forth birds and spirits with their songs. Those who had traveled from afar headed home with a profound experience to reflect upon, and the local California Indian hosts felt the joy of welcoming new friends with the right protocol.
Reflections and Next Steps for the Tribal Rights of Nature Movement
The Rights of Nature movement is on the precipice of growing exponentially across Indian Country. 100% of post-gathering survey respondents said that they would definitely attend another Rights of Nature in Indian Country event. 75% shared that they knew very little to nothing about Rights of Nature before attending. After the gathering, 85% felt that they now knew a lot about the Rights of Nature and how it can be applied to protect Tribal lands and waters. A few of the “aha” moments that participants shared included:
“So many communities are dealing with very similar issues, and we have so many things in common, we have to build communities and build relationships”
“Seeing the reverence that people held for their local land was really powerful as someone from an urban and industrial place.”
“When I realized that it doesn’t take a bunch of people to make a change, it can just be a little group that can make a difference”
Over 90% of participants stated that Rights of Nature could be helpful to protect their Tribal lands and waters, and they would like to share this movement with their Tribes. When asked what they hoped to protect, participants listed a range of things, from bodies of water to sacred sites, keystone species, plants, air, and more. They cited threats from mining to industrialization, always linking back to colonial capitalism’s insatiable need to consume resources resulting in the destruction of natural ecosystems. When asked if they would like Bioneers to host a similar gathering in their communities, more than half of the survey takers responded enthusiastically. They represent every single region in the United States, including Hawaii and Alaska.
Based on this incredible and inspirational feedback, the Bioneers Indigeneity Program, our friends, and allies across the U.S. have our work cut out for us. We will continue to support the Rights of Nature in Tribal governance initiative through regional workshops, but this is not going to be enough (and not fast enough) to meet the demand of this growing movement. Our plan is to develop a robust set of accessible and free training resources for Tribal Leaders, grassroots organizers, and allies to learn how to bring the Rights of Nature to Tribes through a self-guided online course offered through Bioneers Learning, a platform Bioneers developed to provide access to the most cutting-edge strategies to bring about positive social and environmental change. Stay tuned for more!
