A Voice from the Eastern Door
Regarding Mohawk Land Claim Litigation and Settlement
January 30, 2024 - The Mohawk Nation Council of Chiefs has been made aware of efforts by certain individuals to interfere in the land claim litigation and spread misinformation about the Nation. This interference must stop. Concerns or questions about the Nation’s positions in the litigation and settlement discussions should be addressed to the Nation directly, not to outside courts, journalists, or lawyers.
On January 23, an unsigned “press release” was sent to lawyers, journalists, and others claiming that the Mohawk Nation has decided to withdraw from the litigation. This is false. Furthermore, the press release suggests there was consensus among the people at two different “General Council” meetings. This too is false. The December 3rd and December 31st meetings were community meeting for information purposes only, there was no question on the floor, and there was no consensus for any decision. Consensus according to our protocol means all are of one mind and that did not occur at the December 3rd or December 31st informational meetings. To suggest otherwise brings discredit upon the Nation, is disrespectful of our protocols, and violates the Kaienerekowa.
The Mohawk Nation is tasked by Grand Council with representing the Haudenosaunee and future generations in the federal court litigation and in efforts to settle that litigation out of court. The Nation is participating in court-ordered mediation with the goal of creating a draft agreement that brings land back to Akwesasne and that best protects Akwesasronon and future generations. Pursuant to the Great Law, the Nation believes that settlement of the litigation must (1) preserve future rights related to the Mohawks’ aboriginal claims; (2) benefit the whole community; and (3) bring land back to Akwesasne.
In 1982, the Mohawk Council of Akwesasne filed a lawsuit in federal court in New York. This lawsuit asked the court to rule that the Mile Square, Grasse Meadows, the Hogansburg Triangle, and islands in the St. Lawrence had been taken illegally from the Mohawks. The lawsuit does not relate to an aboriginal claim to 9 million acres, which is separate. The lawsuit does not give up any Mohawk rights to that claim. Grand Council directed the Mohawk Nation Council of Chiefs to lead a legal effort to regain our lands and in 1989, the Mohawk Nation filed its own complaint in federal court, together with the St. Regis Mohawk Tribe. The purpose of this lawsuit is to bring land back to Akwesasne. The court consolidated the three Mohawk councils’ legal actions into one case. In 2005, the Mohawk Nation Council of Chiefs approved by consensus a settlement of the land claim that would bring land back to Akwesasne. That land claim settlement agreement was never implemented, and there has been no consensus decision to abandon the lawsuit or settlement efforts. The current settlement efforts, like those in 2005, relate to the specific claims pending in federal court and do not include the aboriginal claim.
We encourage our people to use a good mind and to be thoughtful in reviewing the information provided regarding resolution of the litigation and return of lands to Akwesasne, and to be responsible in the dissemination of information that relates to these matters.
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