In 2023, a small yet powerful movement took shape in Ecuador when local communities stood up against the world’s largest copper mining company, successfully defending their forest reserve by invoking the rights of nature enshrined in their nation’s constitution. This victory is part of a global shift toward recognizing the inherent rights of ecosystems, a legal framework gaining momentum across the world. In the United States, Tribal nations are at the forefront of this transformative movement, incorporating these principles into their governance structures.
A New Guidebook for Tribal Nations
A recently published guidebook is leading the charge for Tribal nations interested in adopting rights-of-nature laws. The Guide to Rights of Nature in Indian Country, developed by the Native-led Bioneers Indigeneity Program, offers invaluable strategies and resources to Indigenous communities aiming to grant legal rights and personhood to ecosystems, landscapes, and species.
Authored by a coalition of Native and Native-descended writers, this guidebook is tailored specifically for American Indian and Alaska Native community members. As stated on the Bioneers Rights of Nature website, “This guide is written by and for Indigenous communities interested in weaving Tribal values into contemporary legal frameworks.” The authors extend an open invitation to any community members eager to bring this movement home, offering support and collaboration.
Navigating the Path to Rights of Nature
This 30-page guidebook delves into the real-world challenges and opportunities that arise when passing rights-of-nature laws. It features case studies of Tribal nations that have already enacted such laws, exploring the various methods used—whether through constitutions, ordinances, or resolutions—and weighing the pros and cons of each approach.
Rights-of-Nature laws often emerge as a direct response to pressing environmental threats, such as mining, drilling, or pollution, that endanger ecosystems vital to Indigenous cultural practices. Resolutions can be swiftly enacted to address urgent dangers, while ordinances offer a more enduring legal solution. The most robust protection comes from constitutional amendments, though these require extensive approval processes.
Case Studies of Success
The guidebook highlights several Tribal nations that have successfully integrated rights-of-nature into their governance. For instance, in 2016, the Ho-Chunk Nation made history by becoming the first to propose adding the rights of nature to its constitution. The Ponca Nation followed in 2017, granting nature the right to exist and establishing legal protections for clean air, water, and freedom from pollution.
In 2018, the White Earth Ojibwe recognized the rights of wild rice to flourish, and in 2022, the Sauk Tribe took legal action against Seattle, with salmon as the plaintiff. This case resulted in the city agreeing to include fish passages in any new or renewed hydro dam permits. Other tribes, like the Nez Perce and Menominee, have passed laws granting personhood status to rivers, ensuring their protection against pollution and harm.
Practical Guidance for Tribal Sovereignty
Beyond case studies, the guidebook offers practical advice on how to engage communities in adopting rights-of-nature laws. It provides tools for surveying community opinions, organizing educational events, and forming planning committees. The guide also includes templates for fliers, surveys, and presentations to assist in community engagement efforts.
Passing rights-of-nature laws is a powerful expression of Tribal sovereignty, although the guidebook notes that the legal support for these policies has yet to be tested in U.S. courts. Despite this uncertainty, the guidebook’s authors emphasize the importance of using these laws to protect ancestral homelands for future generations.
“In spite of this warning, we believe that now is the time to stretch sovereignty to protect ancestral homelands for generations to come,” the guide states. “Rights of Nature laws are a way to ensure that our values are passed down … They tell the world what matters to us.”
