Doug George-Kanentiio: Oneida Nation violates Iroquois laws

Monday, May 20, 2013  

As an original member of the Land Claims Commitee for the Mohawk Nation I took a firm stance against the cession of our aborignal lands to New York State regardless of what kind of offer then Governor Mario Cuomo tendered.

I was committed to defending our treaties which committed us to act in union as Haudenosaunee, I did not believe we had any authority to sell the earth beneath our feet and I was compelled to protect the rights of those yet unborn unto the seventh generation.

For those who felt as I did the thought of ceding our aboriginal lands or agreeing to the expansion of New York State authority upon our territories was reprehensible. We were a part of a strong tradition of opposing the State and of defending our people from administrative intrusions such as external taxation which, we knew, would lead to the ultimate loss of our sovereignty. We knew commercial gambling was a trap set by the State to place our lands into US federal trust before removing the last elements of our heritage. The late Tadodaho Leon Shenandoah was cited for his adamant opposition to gambling since he knew it would involve fatal compromises in our morals as well. He predicted, however, that there are those among us who cared nothing for our ancient principles but would exploit our collective rights in their mad pursuit of material wealth.

Tragically, the warnings of Leon Shenandoah have come to pass.

The Oneida Nation of New York, which must be emphatically stated, is not a part of the Haudenosaunee Confederacy. Nor is the pro-gambling Seneca Nation of Indians or the St. Regis Tribal Council. All three groups have no formal or informal connection with the Confederacy but muddy the public's perception as to who the Haudensoaunee are by making unauthorized use of the Confederacy's symbols and is traditions. They do so to protect their gambling operations despite the Confederacy's official opposition to this immoral activity.

But this does not stop them from effecting the Confederacy and its standing as a politically and socially distinct society. It must be absolutely clear that the three casino "tribes" are not protected by the 1794 Treaty of Canandaigua which was made by the Confederacy with the USA. The Oneida Nation of New York did not exist until 1993, the Seneca Nation of Indians was created in 1848 and the St. Regis Tribe was formed by an act of the New York State Lesgislature in 1892. None govern according to the Great Law of Peace nor do any of the three have the requisite chiefs, clanmothers, faithkeepers or spiritual customs which define a Haudenosaunee council.

Nonetheless the terrible deal entered into between the Oneida Nation "representative" on May 16 brings great harm to our people. It was negotiated in secrecy without the knowledge or consent of the Oneida people just as this self appointed "representative" did with Governor Mario Cuomo in 1993. It ceded all of the homelands of the Oneidas except for a highly conditional acreage which the representative placed into "trust" which means the US and not the Oneidas own their land. It brings taxation to the Oneidas, a fatal compromise in their aboriginal sovereignty. It imposed New York State administrative and policing authority upon a people who have long opposed such policies as contradictory to their rights to exclusive jurisdiction. It concedes the Oneida's "sovereign immunity" from any judicial claim. It makes a mockery to any argument of legal distinction. And it will destroy the other Haudenosaunee if it is allowed to pass.

As was seen in the disastrous Oneida Nation v. City of Sherrill case of 2005 the US courts will make no distinction between the Iroquois and what legal ruling or compact applied to one applies to all.

Anyone who knows anything about the Haudenosaunee and the current state of New York-Iroquois relations could have easily predicted that the governor would concentrate on breaking the Iroquois by attacking it weakest link. In this case it was the Oneida Nation of New York, a pariah among the Iroquois for its dictatorial control, its documented human rights abuses and its refusal to allow any democratic reforms on its homelands.

There are strict prohibitions within traditional Iroquois law against the selling of land, engaging in commercial gambling or doing anything which compromises the rights of the unborn. On May 16, the Oneida Nation of New York's "representative" violated all of those laws as he showed his complete contempt for our traditional beliefs.

The challenge for the Haudenosaunee Confederacy is how to minimize the damages inherent in the May 16 compact by restoring democracy and common sense to the Oneida people.

Doug George-Kanentiio, Akwesasne Mohawk, is a co-founder of the Native American Journalists Association, a former member of the Board of Trustees for the National Museum of the American Indian and the author of many books and articles about Native history and current issues. His latest book is "Iroquois on Fire". He may be reached via e-mail: Kanentiioaol.com. Kanentiio resides on Oneida Iroquois Territory in central New York State.

More from Doug George-Kanentiio:
Doug George-Kanentiio: Students show courage on mascot (03/25)
Doug George-Kanentiio: Freeing Aboriginal people in Canada (03/15)