Unfortunately, and hopefully not deliberately, Mr. David chose the path of
destructive rather than constructive criticism. It is easy to see how that
could happen if he only saw the limited materials he bases his conclusions
on. It is certainly difficult to get a complete picture of what was
happening in Haudenosaunee territory while teaching in Toronto.
There are mountains of information from the last few months. Much of it,
like Mr. David's piece, is spin and doublespeak with the axes to grind all
too evident. Here and there, however, the participants -- including both
the Mohawk Anti-Tax Steering Committee and the Mohawk Nation Council of
Chiefs -- added something positive.
The positive is worth focusing discussion on.
On May 21, 1997 the Mohawk Nation Council of Chiefs issued a press release
entitled, "MOHAWK NATION COUNCIL OF CHIEFS RELEASES ITS PROPOSALS TO
RESOLVE CONFLICT WITH THE STATE OF NEW YORK," to follow up the one Mr.
David refers to in his editorial. It was published, in its entirety, in
the May 23, 1997 issue of _Indian Time_.
The timing of its release proved unfortunate, as it came out the day
before Governor Pataki reversed his approach to the issue. The result is
that the Mohawk Nation Council of Chiefs' proposals were lost in the
coverage of Pataki's retreat.
I have attached it at the end of this post in the hopes that Mr. David
will add his talents to a discussion of where we go from here. All too
many of us choose to maintain ring-side seats, observing the life of our
nation rather than taking up the difficult challenge of participating in
it -- to paraphrase one person quoted by Mr. David, "putting my ass in a
sling" [and risking] "getting the shit kicked out of me from both sides."
Mistakes are inevitable as our people try to find ways toward self-
sufficiency. That is how human beings learn. Choosing to use energy to
call each other down rather than choosing to use the same amount of energy
to find, and promote, common ground and community involvement only serves
the interests of the Canadian and U.S., and provincial and state
governments. They are always prepared to take advantage of any and all
signs of division and weakness among our people. It has been an effective
tool for them for generations.
I hope this helps to broaden, and deepen, the discourse. The path ahead
will be difficult and we, as Haudenosaunee, have to make a choice. We can
get into another protracted whine-fest over "who done what to who." We can
choose to continue being part of the problem or we can make the tougher
choice and try to be a part of the solution.
Let's try the latter this time around.
PRESS RELEASE
MOHAWK NATION COUNCIL OF CHIEFS RELEASES ITS PROPOSALS TO RESOLVE CONFLICT
WITH THE STATE OF NEW YORK
(AKWESASNE MAY 21, 1997) The Mohawk Nation Council of Chiefs has
completed its analysis of the Trade and Commerce Agreement between the
State of New York and the Haudenosaunee. Also released was a summary of
Council's vision for the long-term self-sufficiency of the Haudenosaunee.
A review of the document has brought us to the conclusion that the
proposed agreement, in its current form, is unacceptable to our Council.
While several aspects of the proposal have merit, our sovereignty and our
responsibilities to Creation and the future generations have not been
adequately addressed.
The current situation is volatile. Tensions are high, emotions are raw and
we are beginning to witness needless acts of violence. We need to seek
creative solutions that will benefit our people as a whole and it is with
that in mind that we present our vision of the future to the public.
Western politicians are often motivated by public opinion. We hope people
will support our proposals and pressure their representatives to continue
to negotiate towards fair, just and long-term solutions.
We are launching a strategy to get this information to as many people as
possible. Council intends to reach out to citizens of the Haudenosaunee,
New York State, the United States and other countries around the world to
see if there is support for our vision.
The principles at the heart of any agreement should be sound. We believe
the following should form the basis of our approach to discussions:
- we have rights and we don't apologize for having them.
- negotiations should be based on true mutual recognition and respect and
should affirm the respective sovereignty of the parties.
- negotiations should contribute to the re-establishment of relations
between governments. Such a relationship can lead to the resolution of
other issues, including land rights, hunting rights, etc.
- a true nation-to-nation agreement would be based on the principles of
the Kaswentah. It would involve negotiations between the U.S. (with the
State as part of their delegation) and the Haudenosaunee as a whole.
- a good agreement would ensure that the proceeds generated through the
exercise of our collective rights go substantially to the communities.
- a good agreement must provide the Haudenosaunee the opportunity to work
on a long term transition that will break our dependence on foreign
governments and allow us to achieve self-sufficiency (true sovereignty).
- a good agreement should help us avoid confrontations which involve
unnecessary risk and possible injury. It should promote the potential to
create peace and prosperity and that's what the confederacy is about.
In order to address the issues in an organized manner, we (the
Haudenosaunee) have to ask ourselves some basic questions.
- are we able to come together on this issue, or will we continue to
participate in the divide and conquer strategies that the colonizers have
used against us for years?
- are we ready to deal with the issues as the Kaianerekowa intends --
looking after the interests of the next generations as well as our own?
We look forward to participating in a process where all concerned can
adopt a long term vision for the future a vision that we can communicate
to the world and which will lead us back to peaceful and respectful
relations.
For more information, please contact the Mohawk Nation Council Office:
(518) 358-3381.
- 30 -
Attachments: Highlights of: the Agreement
Summary of: Community Development in Keeping With our Ways
Attachment #1
TRADE AND COMMERCE AGREEMENT
BETWEEN THE STATE OF NEW YORK
AND THE HAUDENOSAUNEE
HIGHLIGHTS FOR PUBLIC DISCUSSION
Prepared by the Mohawk Nation Council of Chiefs
May 1997
INTRODUCTION
These highlights are presented in order to simplify the contents and
implications of the recently released document entitled, "Trade and
Commerce Agreement Between the State of New York and the Haudenosaunee".
It is important for everyone to engage in an informed public dialogue on
this vital issue. We hope our views make a constructive contribution to
identifying a process to lead us out of this intolerable situation.
It may well be that there is other information that was unavailable at
time of writing and, therefore, was not considered in this exercise. The
agreement has been released to the public, however, and reaction will be
based on that document.
ADMINISTRATION OF TRADE AND COMMERCE
SECTIONS III, IV, V, VI, VIII, IX, X, XI AND XIII
If all we want is to administer the cigarette and tobacco trade in our
communities, the nuts and bolts of this agreement can help us do that.
The licensing, stamping, distribution and compliance clauses are fairly
standard. They offer the potential to distribute benefits generated
through the exercise of our rights more widely rather than concentrate
wealth in the hands of a few individuals.
If the regulation of this industry was the primary focus of this
agreement, we would have no need to analyze it further. The negotiators
did well with these clauses.
However, there is considerably more at stake with this agreement than
trade in tobacco products. It is these clauses which need to be examined
more closely.
SECTION I: THE PREAMBLE
The preamble opens by stating that this agreement is made in the spirit of
the Canandaigua Treaty of 1794, in order to further the mutual respect,
peace and friendship that exists between the Haudenosaunee and State of
New York.
Later in the preamble, though, it is clearly stated that "the fact that
the State of New York has signed this Agreement should not be interpreted
as any indication that the State is ratifying the 1794 Canandaigua Treaty..."
Further, this agreement is not based on the nation-to-nation principle
articulated in the Kaswentah which we've always held to. It is an
administrative agreement between the New York State and a few federally-
recognized tribes. The Haudenosaunee is not being recognized as a whole.
SECTION II. IMPLEMENTATION (JURISDICTION)
The relationship recognized here is not balanced.
Article II (B) states: "This Agreement shall not constitute a waiver or
relinquishment of any sovereign or statutory powers or immunities now
possessed by the State of New York, and the State of New York shall retain
all the jurisdiction it currently possesses, nor shall it constitute a
waiver or relinquishment of any of the rights privileges or immunities
afforded to citizens of New York or the United States of America."
For its part, "The State agrees not to interfere with the Haudenosaunee
Nations' exercise of its jurisdiction."
The state's statutory power is recognized but not the Haudenosaunee's.
As well, this agreement allows the State of New York to erode the
Haudenosaunee Confederacy by referring to "each Haudenosaunee Nation",
while meaning only the federally-recognized tribes.
There is also an explicit distinction made between New York State and U.S.
citizens and "members" of the Haudenosaunee nations. A refusal to use the
term 'citizen' when referring to the Haudenosaunee further diminishes our
status according to the Kaswentah.
SECTION VII. PARITY
For the purposes of this agreement, parity is intended to establish the
mythical "level playing field" with off-territory convenience stores in
terms of tobacco products. It ignores that the larger economic playing
field among the territories is far from level.
In exchange for our getting the lion's share of the responsibilities and
obligations, we lose an important source of revenue (gasoline). These
revenues could have been channeled back into the communities and invested
towards the future growth and self-sufficiency of our people.
We will be responsible for the cost and burden of the administration of
licensing and regulatory approvals, and the reporting and accounting to
the State. It seems unlikely that licensing fees and the .25? per carton
fee will be able to cover the cost of that administration.
The concession on fuel also eliminates the opportunity for the Haudenosaunee
to explore environmentally safer options such as ethanol and methane fuels
and better storage technologies. It also prevents someone who wants to
operate according to stringent environmental standards (gas/service station/
convenience store).
SECTION XII. CHOICE OF FORUM/LAWS
Any dispute between the Haudenosaunee and State of New York that have gone
unresolved for more than sixty days will be sent to the United States
Federal Court for final resolution
This part of the clause is very damaging. The federally-recognized tribes
agree to submit themselves to U.S. law rather than to finding international
remedies.
This is inconsistent with our historically-held position on our nationhood.
It may also undermine the years of hard work that has been done in Geneva to
have our nationhood recognized by the international community.
SECTION XIV. SEVERABILITY
If one or more of the clauses (except Section VII, the one on parity) are
successfully invalidated in any court, the agreement lives on. If, however,
any part of Section VII is invalidated in any court, the agreement dies.
If the agreement dies, and the parties cannot renegotiate the agreement
within six (6) months, the federally-recognized tribes agree that New York
State's tax regulations will apply in Haudenosaunee territories.
We will have accepted a foreign government's right to tax us, so that our
money will again be going into their pockets. What was presented as a
trade and commerce agreement becomes a tax compact.
SECTION XV. GOVERNMENTAL AUTHORITY
The question here is whether any federally-recognized tribes can legally
enter into this agreement without the participation of the Mohawk and
Cayuga Nation leadership and still be called Haudenosaunee.
Attachment #2
COMMUNITY DEVELOPMENT IN KEEPING WITH OUR WAYS
A SUMMARY FOR PUBLIC DISCUSSION
Prepared by the Mohawk Nation Council of Chiefs
May 1997
MISSION STATEMENT
The Mohawk Nation Council of Chiefs believes that our communities can
become self-sustaining and healthy only by promoting growth and
development in a culturally-appropriate manner.
BACKGROUND
Our communities have been dragged and beaten over the centuries into
unwilling submission to the American and Canadian economies. These systems
promote and reward consumption and exploitation. They encourage greed.
They encourage the destruction of the environment. They advocate a throw-
away lifestyle which includes people as well as things.
Our people, even those who have adopted the American and Canadian value
system as their own, are among those who are disposable. We are all
achingly familiar with the results: diabetes, heart attacks, suicide,
addictions, family violence, unemployment, underemployment, polluted lands
and water, substandard housing -- emotional and financial poverty.
Americans and Canadians have learned to consume life without living it
well. The strong influences of their societies have caused many of our
people to adopt their ways. In essence, our communities have been dragged
across the three beads of the Kaswentah and into their boat.
We must choose whether to stay in their boat, as our band councils have
done, build a boat just like theirs, as many of our business people have
done, or make the journey back across the three beads to our canoe. It may
well be that the canoe is now made of cedar or fiberglass because the
trees we used for bark are all but gone, but it is still a canoe and it is
ours.
The Mohawk Nation Council of Chiefs has a vision and plan for beginning
the process of reclaiming our economy and providing for the development,
growth and viability of Rotinonsionni communities that are truly healthy,
self-sufficient and autonomous.
PRINCIPLES
Our ECONOMY must be self-sustaining and developed in a culturally
appropriate manner. We must promote the idea that a good quality of life
is based on much more than just earning a salary.
EDUCATION is more than churning out people who know how to make a living
in corporate North America. We must promote broad bases of expertise in
our communities in the areas which will provide the best foundation for
independence from foreign governments. Individuals will know their place
in the community, their rights and responsibilities as Rotinonsionni. They
will be valued for their skills and gifts.
A healthy ENVIRONMENT means having a healthy and secure place to live and
raise our children. It means we have control over our lands, waters and
resources. In order to achieve this, our activities must be driven by our
desire to heal the extended family of our communities. It is essential
that we focus our energy on restoring the institutions that once allowed
our communities to flourish.
PROPOSALS
1. Economic activities based on the co-operative model are an effective
tool for:
- increasing the viability of operations that promote the health of the
community over a large profit margin;
- instilling a sense of community involvement and ownership in community
businesses;
- developing a broader base of skills among the population.
Potential co-operative ventures: organic farming, dairy farming, cheese
and yogurt-making, aquaculture, meat farming, sheep farming (including
wool gathering, processing and weaving)
2. Apprenticeships are a vital way for the community to acquire knowledge,
not just services. They can be a driving force behind changing how our
people are educated by:
- making apprenticeships a necessary condition for our purchase of outside
services until we develop our own "experts." For example, if we hire an
outside construction firm to build on our community, we insist that they
take on some of our carpentry and welding students as apprentices during
the construction; if we are using outside lawyers to process our land
claims, we insist they use our law students and paralegal students to help
them with their research and in negotiations;
- encouraging those of us who already have skills to take on apprenticeships
from within our community for a few months of each year
- using the "co-op" model in our high schools, allowing senior students to
get credits for working with members of the community
Apprenticeship areas: skilled trades, licensing people and inspectors,
health and nutrition fields, legal workers, communications and
telecommunications, environmental assessment and remediation, alternative
housing, cooking and preserving, agribusiness, finance and accounting,
eco-tourism.
3. There is a pressing need for Kanienkehaka-owned, operated and controlled
communications industries. The mainstream media have proven that they are
primarily concerned with promoting instant gratification over value. We are
bombarded with powerful advertising promoting the consumption of junk food,
Nintendo, Air Jordans, infant formula, and lipstick. The corporate owners
of the various media have their own agenda -- and it conflicts directly with
our goals and aspirations. We can:
- add to our already-working print media and radio stations by promoting
the profile of role models (past and present) in our communities-these
would be along the lines of the vignettes Bob Johnstone does on CBC radio.
We can involve our students in researching and producing these vignettes,
and expand them to other media as we progress;
- look at the establishment of our own television production facilities or
cable programs. Television is a powerful and effective medium which we
must begin to use to promote our own culture and vision;
- we can look at developing our own electronic superhighway, and using the
Internet to educate others and exchange ideas with other Aboriginal
communities.
CONCLUSION
The foregoing are discussion points, and highlights, from a more
comprehensive vision document. We recognize that there will be a long
period of transition back across to our side of the Kaswentah.
Our communities will need to determine what they need to have quality of
life, and what they can do without. We need to look at financing our drive
for healthy self-sufficiency. But we must also recognize that, with
community support, this is a plan that is viable. It can empower our
people.
There is a major difference between getting people off welfare and
promoting growth and development in keeping with our culture and values.
It's like the adage, "Give a man a fish and he'll feed himself once. But
teach him how to fish, and he'll feed himself and his family for the rest
of his life."
Community and nation development is not only about infrastructure and
profit. It's about people, and it's about restoring healthy families and a
strong Confederacy.