Inter American Commission on Human Rights Hears Akwesasne Rights To Trade
Grand Chief Tim Thompson and Michael Kanentakeron Mitchell describe importance of trade in Mohawk culture at the Hearing at the Inter-American Commission on Human Rights, using wampum belts as illustrations.
Washington, D.C. – On Tuesday October 24, 2006, the Mohawk Council of Akwesasne made a presentation before the Inter-American Commission on Human Rights (the Commission), in Washington D. C., regarding Akwesasne’s Aboriginal right to trade freely within Haudenosaunee territory, across the international border between the United States and Canada.
Grand Chief Tim Thompson, said, “The issue of our cultural right to trade freely across the US Canada border was denied at the Supreme Court of Canada in May of 2001, in the Mitchell Border Crossing case, when they said that we had not presented enough evidence to demonstrate the historic character of this right.” The Grand Chief continued by saying, “The Mohawk Council of Akwesasne had exhausted its domestic remedies through the Canadian legal system, so it was decided that an international forum was necessary.”
Tuesday’s hearing before the Commission was the conclusion of a long road. The Mohawk Council of Akwesasne filed its petition to the Commission in November 2001, alleging that Canada’s denial of the Mohawks of Akwesasne’s right to bring goods, duty-free, across the U.S.-anada border dividing Akwesasne for purposes of trade within Akwesasne and with other Nations of the Haudenosaunee Confederacy, is incompatible with the provisions of Article XIII of the American Declaration of the Rights and Duties of Man. Article XIII protects the right to take part in the cultural life of the community.
The Commission declared the Akwesasne Mitchell case admissible on October 22, 2003. In its decision, the Commission offered to moderate a Friendly Settlement process between Canada and Akwesasne. At that time, Canada refused to participate in the Friendly Settlement process offered by the Commission. Since this time several briefs by Akwesasne and Canada have been filed with the Commission leading to the hearing.
Alex Page (Indian Law Resource Center), Grand Chief Tim Thompson (MCA) Sequoyah Simermeyer (National Congress of American Indians), Robert Holden (Chairman, National Congress of American Indians), Michael Kanentakeron Mitchell, Salli Benedict (MCA ARRO), Armstrong Wiggans (Indian Law Resource Center)
The hearing was held at the Inter-American Commission Building, presided by two Commissioners, and lasted a little more than one hour. The hearing gave the Commission an opportunity to hear the first-hand experience concerning the Mohawk culture of trading with other Nations and Communities of the Haudenosaunee Confederacy, as well as the everyday effects of the border on the Mohawks of Akwesasne.
Testimony was provided by former Grand Chief Michael Kanentakeron Mitchell, who gave information about the significance of trade within Haudenosaunee culture, using several Haudenosaunee wampum belts to illustrate Akwesasne’s message.
In his presentation, Mitchell also introduced several maps to show how the US – Canada border dissects Haudenosaunee traditional territory. He spoke emphatically about the border’s affects on traditional trading practices between Akwesasne and our sister Haudenosaunee communities today. Special emphasis was made about the affects of the border on the Akwesasne Community due to its unique geographical placement. Mitchell continued his presentation by citing the breadth of goods that were traded historically and the necessity of continuing economic exchanges today.
Michael Kanentakeron Mitchell with wampum belts
Canada’s representatives were greatly concerned about trade volumes that could upset the Canadian economy and the kinds of goods traded. They were also concerned about how a precedent at Akwesasne would have affects across Canada with other First Nations Communities. At one point Canada said that trade was a part of almost every culture and that they did not see the Greeks, Italians or French within Canada requesting the ability to trade across the border without duty or taxes. Canada used a scare tactic to emphasize their point, saying to the Commission that it needed to think very seriously about the decision it is to make, because if it is not right, then we will be here again and again and again.
Akwesasne legal counsel, Elisabeth Patterson, of Hutchins, Caron and Associates, elaborated on the remedies that could be considered by the Commission to settle Akwesasne’s concerns, including negotiations that could conclude in updating and extending the current Remission Order. The session concluded with the Commission offering Akwesasne and Canada the Friendly Settlement process, where they would offer their services to work toward a mediated settlement.
Michael Kanentakeron Mitchell commented later that, “Canada made historical commitments to the Haudenosaunee people regarding our ability to trade freely across the international border. Canada as a world leader needs to keep its historic promises to our people.”
Grand Chief Tim Thompson, said, “Canada has negotiated agreements with Akwesasne in the past regarding border crossing issues. It would be prudent of Canada to consider negotiations on trade goods that Akwesasne is contemplating.” The Grand Chief concluded by saying, “Akwesasne would welcome good faith negotiations with Canada on this issue, and we believe that the opportunity provided by the Commission for negotiation should be seriously considered by Canada.”
Grand Chief Thompson wished to express his gratitude to the Commission for the courtesy extended by the Commission at this hearing. The Grand Chief wished to acknowledge the support of the Indian Law Resource Center, the National Congress of the American Indian, the Mohawk Nation Council of Chiefs and the Ronnathahonni Cultural Center.
The decision of the Commission is not expected to be handed down before the next session of the Commission, in February 2007. During this time, Akwesasne and Canada are invited to provide additional written submissions to help clarify issues that were brought up at the hearing.
