By Barbara A. Gray
The
Signing of the Akwesasne Land Claim Settlement.
Since the signing of the Akwesasne Land Claim settlement, on February 1st, 2005, criticism has been thrown at the Councils for not issuing a press release prior to the signing. The Mohawk Nation Council of Chiefs had a press release prepared for the signing. However, the Mohawk Nation Office did not release the prepared statement because we were prepared in case the State or Tribe made any last minute changes. If a change were made that was unacceptable, to the Mohawk Nation leaders, there would be no signing.
On the morning of January 31st, Jim Ransom informed the Mohawk Nation Office that the Tribe’s lawyers had a problem with a sentence in the land section. This was the language that the councils had discussed at length, came to agreement on, and shook hands on during the meeting of the 30th. The Tribe’s lawyers said the language was too ambiguous and would be rejected by the State. Therefore, the Tribe’s lawyers presented alternative language. This new language was not bad; but it needed to be run by the Nation’s legal team and discussed and approved by the Mohawk Nation leaders before a signing could take place.
The morning was busy. Calls were made to the Mohawk Nation leaders and the lawyers. Two of the leaders and a condoled faithkeeper, who were on their way to the signing, were called and informed of the changed language. Each leader was called and the lawyers given the duty to contact the Tribe’s lawyer with alternative language to protect the spirit of the document. The goal was to make sure that the councils have equal rights to the land; instead, of hierarchy of ownership. After a few hours the improved language was agreed to and added to C (5) of the land section in the Akwesasne land claim settlement.
The Mohawk Nation Office was unsure if any other last minute changes would arise prior to the signing or if the State would accept the improved language in the land section, so it was decided to hold the press release until the leaders reported back that the signing took place. As soon as the Mohawk Nation Office was notified, the press releases were sent out. Media received the Nation press release around 3:00 pm on February 1st.
CURBING MISINFORMATION
Some media reports have stated misinformation about the Akwesasne land claim settlement. Here is a list of the misinformation with the correct information given below:
MISINFORMATION:
CORRECT INFORMATION:
The federal government is not contributing money to the settlement. However, the state has agreed to pay the full amount. The federal and state governments originally were going to “pay one half the sum of thirty million dollars.” Now the state will pay the full thirty million dollars “in five equal annual payments.” The New York Power Authority will be paying the sum of “two million dollars per year for thirty-five years,” which equals seventy million dollars. Thus, between the State and NYPA the payment total is 100 million dollars and not 50 million as falsely reported by the media.
Once the state legislation is passed, the federal bill will be drafted. Then, the federal legislation will be drafted and sent to Congress. Enactment of the Akwesasne land claim settlement requires both state and federal legislation. When the United States Congress passes the settlement legislation the federal government will be approving the Akwesasne land claim settlement and it will become the law. The federal government does not have to contribute money to a settlement for it to be legal. However, one could argue that morally the federal government should have paid because they broke their own laws when they allowed for the fraudulent treaty between the Seven Nations and New York to take place.
The land claim has specially drafted language to protect the aboriginal claim. Under current and existing federal law, there is no legal mechanism to challenge fraudulent treaties like the ones that are said to have given away Mohawk aboriginal lands in the late 1700s. Thus, the Mohawk aboriginal claim cannot be brought at this time and by the special crafting of the settlement release clause the aboriginal claim is protected for future generations to bring. The Mohawk Nation leaders know there is an aboriginal claim, even if that claim cannot be brought to justice in the courts of the United States at the present time.
The Mohawk Nation Council of Chiefs leaders were given Grand Council approval to bring forth the smaller Akwesasne land claim, years ago. Thus, the claim was never to address the larger claim with this settlement and the leaders feel that they have protected the aboriginal claim.
Misinformation causes disharmony and can lead to violence. Much of the misinformation can be corrected by reading the Akwesasne land claim settlement. This document can be picked up at the Mohawk Nation Office or viewed on the Internet at the Mohawk Nation website. Hopefully this report has helped to remove some of the myths.