Introduction
The main focus of this paper is a discussion of Haudenosaunee (Longhouse) notions of sovereignty as they apply to self-government in the areas of Leadership, Authority, Jurisdiction and Accountability.
In attempting a comprehensive examination of notions of sovereignty and their application to the above issues it is necessary to explore many sources of knowledge. Foremost, I will refer to the explanations that Dan Longboat (Mohawk (Kanienkehaka)) shared with me, with regard to this examination, concerning the philosophy of the Ongwehónwe (the Original or Real People), Kaianerekowa (The Great Good or Great Law of Peace), the situation in Ongwehónwe communities and a plan for the implementation of Ongwehónwe self-government based on the Haudenosaunee constitution. I will also use the written accounts found in Arthur C. Parker’s compilation, The Constitution of the Five Nations or The Iroquois Book of the Great Law, as well as other literary sources bearing direct reference to the Haudenosaunee.
This comprehensive paper will discuss the ideas contained in the notion of sovereignty as expressed in the RCAP (Royal Commission on Aboriginal Peoples). These ideas are first, the right to know who and what you are as the most basic definition of sovereignty; second, that sovereignty is the natural right of all human beings to define, sustain and perpetuate their identities as individuals, communities and Nations; third, that sovereignty is the original freedom conferred to the people by the Creator rather than a temporal power; fourth, that a better term for political authority is the word tewatatowie (we help ourselves); fifth, that tewatatowie is linked to the philosophical concepts embodied in Kaianerekowa, understood in terms of land, relationship and spirituality; sixth, that the essence of sovereignty is harmony achieved through balanced relationships; seventh, that sovereignty means using political power to express the will of the people; and lastly, that sovereignty means that people take care of themselves and the land for which they are responsible.
Also, since the RCAP deals with Ongwehónwe whose home communities lie within the boundaries of what the Canadian Federal government calls Canadian territory, I will only deal with Ongwehónwe/Haudenosaunee relations with the Canadian Government.
Sovereignty
Due to the philosophical nature of this discussion, it is necessary to first discuss the ideas contained in the Haudenosaunee notion of sovereignty. It is said that the right to know who and what you are is the most basic definition of sovereignty. Knowing who and what one is finds its meaning in the Original Instructions given to the Ongwehónwe. The Original Instructions were given by the Creator to set out the proper way to live, based on peace, love and harmony. The Creation Story of the Ongwehónwe tells of the time that First Woman gave birth to two sons, a good son and a bad son. These are the twins of life, the good and the bad in all manners of living. Humans are made up of two minds; good and bad, and it is one’s responsibility to strive for a good mind in all things. Thus Kaianerekowa sets out the process of One Mind, One Heart and One Body for the Haudenosaunee, a reference to the structure and purpose of the Haudenosaunee Confederacy.
Sovereignty is the natural right of all human beings to define, sustain and perpetuate their identities as individuals, communities and Nations. Kaianerekowa recognizes and respects the status of individuals, Clan families and Nations as the central point of strength in the constitution. Even though the Six Nations are confederated there remains an understanding of the autonomy of each Nation. Both men and women are recognized as individuals with their own concerns and needs, and in times of council all people have the equal right to voice their opinions and concerns. Each Clan family puts up a Roiianer (Chief/singular), nominated by the women, with a sub-Roiianer, a Clan Mother, and a female and male Faithkeeper. These leaders are accountable to all people in that Clan family. In National council all Clan family Rotiianer (Chiefs/plural) present the opinions and concerns of their Clan family (in the case of the Mohawk there are three Clans; Turtle, Wolf, and Bear, each represented by three Rotiianer).
Sovereignty is the original freedom conferred to the people by the Creator rather than a temporal power. This is a key statement. The Peace Maker was not a human being but rather a Spirit Being sent to Earth by the Creator to unify the Ongwehónwe and teach about peace, power and righteousness. The Ongwehónwe Creation Story teaches that each being has a role and responsibility in Creation. These roles and responsibilities are expressed in the Original Instruction of the people.
A better term for political authority is the word tewatatowie (we help ourselves). Tewatatowie expresses the meaning of personal responsibility. Each individual in Creation is responsible for following the Original Instruction given by Creator. Tewatatowie is linked to the philosophical concepts embodied in Kaianerekowa. These concepts can be summed up as the teachings of peace, power and righteousness. Each of these three is made up of two sides, each put together to make the one concept. Peace does not mean the absence of war. Like all national and international affairs, war is at times an issue. Peace for the Haudenosaunee means, on the one hand, being of a good mind, of following the Original Instructions. The essence of a good mind is the active expression of the best qualities of being. It is striving for the excellence of life. The other side of peace is health. Health means the attainment of a balanced mind, body and heart. In striving for a good mind, one attains a balanced life. Thus a good mind leads to a healthy life, and these two combined bring about peace.
Power does not mean aggression, or ‘might makes right’. Power comes from a combination of reason and unity. In achieving a good mind it is necessary that the power of reason overcomes the power of passion. This refers to the ongoing struggle between the good and bad minds within a person. Passions here are not defined as matters of the heart, as in emotions or intuitions, but rather the impulsive actions and reactions that an unbalanced person may succumb to in times of stress and aggression.
Unity comes from the strength found in numbers. Even though there is an ultimate belief in and recognition of the autonomy of an individual, there is also the recognition of familial relations as the foundation of an individuals identity. Thus the Haudenosaunee constitution is based on the recognition of family (Clan) relationships.
People of the Five Nations members of a certain clan shall recognize every other member of that clan, irrespective of the Nation, as relatives. Men and women, therefore, members of the same clan are forbidden to marry. (Kaianerekowa 43)
Thus, through the proper use of reason there is a necessary movement towards unity of all good minds thus leading to power.
Righteousness is the expression of a proper life way rather than conceit. The first aspect of righteousness deals with the Original Instructions of the Ongwehónwe. It is the recognition of the right and good way of living life. It is following the will of the Creator in matters of justice and equality of all relations. The second aspect of righteousness deals with the responsibility and duty of fulfilling one’s life purpose as given by Creator. In recognizing the Original Instructions and thus fulfilling one’s life purpose, righteousness is achieved.
Implicit in the idea of peace, power and righteousness is the teaching of the path of life, an ideal path set out by Creator for each being. The course of the path is revealed through the active process of choice-making each individual makes in life. These choices are based on the use of the good mind in evaluating the situations of life. In this way choices are acted out with a proper sense of responsibility for one’s actions. The path of life is the same for all beings, in essence one ideal path that each and every one must travel. The unity of the one path points out the unity of the Original Instructions for all beings. It is the Great Mystery of life that even though each individual travels the same path, each perceives and experiences the world in different ways, each finding their own purpose and duty.
The essence of sovereignty is harmony achieved through balanced relationships. These relationships are understood as familial relationships. The Peace Maker reminded the people of the Original Instructions that each being was related to others. The Haudenosaunee have a Clan based system of government, where people of the same Clan, even from different Nations, are brothers and sisters. The Haudenosaunee recognize the various aspects of familial relations with all people relating to each other as either siblings, cousins, aunts and uncles, grandparents and/or nieces and nephews. This familial foundation of the Haudenosaunee ensures that all people are respected and treated properly in accordance with The Peace Maker’s teachings.
Sovereignty means using political power to express the will of the people. This political power, based on peace, power and righteousness, is the use of reason over passion, leading to unity. The will of the people, through the structure of Kaianerekowa, is expressed in an equitable and balanced way. Sovereignty also means that people take care of themselves and the land for which they are responsible. This sense of responsibility, based on peace, power and righteousness, is one that is not initially evident. By responsibility for themselves, the Ongwehónwe understand the need for a balanced relationship with one another. The Haudenosaunee sense of responsibility for the land is based on the Original Instructions. The land is not seen as a separate entity, but rather as the environment that expresses the Ongwehónwe place and purpose in the world.
It is sometimes mistaken that the Ongwehónwe are referring to a stewardship relationship to the land, as though they were somehow above the land in importance. Rather, the Ongwehónwe Creation Story teaches that human beings were last to be placed on Earth. First to come to Earth were the Spirit Beings sent down and transformed into some animals and other physical beings, and second were the physical beings created by the good son during his travels on the Earth. In essence humans are third order beings in Creation. Humans are considered younger brothers and sisters to all other life on Earth, and it is part of their role in Creation to care for the well-being of all life. Traditionally the Ongwehónwe lived in harmony with their environment, expressing their roles as caretakers of the world. Their relationship with the world is not one of interference, but one of interaction. The world is not understood as a material resource present for the use of the Ongwehónwe. Each individual in the world has a role set out by the Original Instructions. Thus the Ongwehónwe do not ask for help from other beings, rather they are reconfirming the Original Instructions as set out by Creator. Beans, corn and squash are always grown together, for example, since they help each other out. The Ongwehónwe plant them together due to the Original Instructions given regarding the Three Sisters. They are not manipulating the three sacred foods, but interacting with them in a balanced way.
It is only in contemporary times that the Ongwehónwe find themselves as spokespersons for the environment. In traditional pre-contact times the Ongwehónwe did not have to concern themselves with issues of clear-cutting or over-hunting, etc. since they were in relation with the world. The Ongwehónwe understand that some Euro-Americans have forgotten their Original Instructions and now find themselves in a position of trying to remind their cousins of these instructions. Oren Lyons (Onondaga) expressed this during his travels to Geneva and the United Nations. In Geneva he heard the United Nations say that
“There is a hue and cry for human rights, for all people”. And the Indigenous people said, “what of the rights of the natural world? Where is the seat for the Buffalo or the Eagle? Who is representing them here in this forum? Who is speaking for the waters of the earth? Who is speaking for the trees and the forests? Who is speaking for the Fish, for the Whales, for the Beaver, for our children? (Lyons in Hill, 1994: 26)
The Ongwehónwe now find themselves as the voice of the natural world, a responsibility that came to them since other human beings of the world have forgotten how to talk and listen to the natural world. The Ongwehónwe are fulfilling their Original Instructions of protecting the natural environment, not because they are somehow above it or more special, but because they are interwoven into that natural world and, as human beings, can be understood by those who have forgotten the Original Instructions of peace, love and harmony. They would never think of intervening between a deer and wolf, or hawk and squirrel, since these beings are living according to the Original Instructions, but they must intervene between humans that have forgotten the Original Instructions and the natural world.
Kaianerekowa and Governmental Structures
We now turn to a closer examination of the Haudenosaunee governmental structures and the way in which Leadership, Authority, Jurisdiction and Accountability are defined and set out.
Long ago, the Ongwehónwe, although having similar languages and cultures, were involved in many ongoing international wars and skirmishes. The Creator was greatly saddened by this, since the people had forgotten their Original Instructions of peace, love and harmony, and decided to send a Spirit Being to the Ongwehónwe. The Ongwehónwe knew of the coming of The Peace Maker through dreams and visions that prepared the people for his arrival. It was shown to the people that they would recognize his arrival when a man landed on their shores (south shore of Lake Ontario) in a white stone canoe.
This Spirit Being, the PeaceMaker, after many years of travel and council, unified the Ongwehónwe into the Five Nations Confederacy based on a code of justice, leadership and spirituality: the Haudenosaunee Constitution. Nevertheless, the Confederated Nations retain their national independence in council and in spiritual ceremonies, although now based on Kaianerekowa.
Before the real people (Ongwehónwe) united their nations, each nation had its council fires. Before the Great Peace their councils were held. The five Council Fires shall continue to burn as before and they are not quenched. The Rotiianer of each nation in future shall settle their nation’s affairs at this council fire governing always by the laws and rules of the council of the Confederacy and by the Great Peace. (Kaianerekowa 97)
The rites and festivals of each nation shall remain undisturbed and shall continue as before because they were given by the people of old times as useful and necessary for the good of men. (Kaianerekowa 99)
The Haudenosaunee Constitution is a document that outlines the ideas of peace, power and righteousness. It instructs the people in the proper process of government. The Five Nations are set up with the Onondaga as Fire Keepers (at the centre of the Confederacy), the Mohawk and Seneca as the Older Brothers and the Cayuga and Oneida as Younger Brothers. Each of the Five Nations is an independent Nation confederated into the Five Nations (Six) for strength and protection. In the event of an international issue, it is the responsibility of each Nation member to debate the issues coming to a consensus decision. With a united national agreement, the Older and Younger Brothers will then gather at the Centre Fire (Onondaga Nation) to present and come to an international agreement. The Tuscarora, adopted in 1715, have two Rotiianer. The function of this governmental process is very structured and all manners of process are outlined in Kaianerekowa.
The Kaianerekowa states that each Nation is divided into a certain number of Clans families. Each Clan family is represented by a number of Rotiianer of which the women of that family are the ones who carry the name and power of the Clan. There is also a War Roiianer added to this number, since a Clan Roiianer must be a man of peace and not deal with aggression although
When the Five Nations’ Council declares war any Roiianer of the Confederacy may enlist with the warriors by temporarily renouncing his sacred Lordship title which he holds through the election of his women relatives. The title then reverts to them and they may bestow it upon another temporarily until the war is over when the Roiianer, if living, may resume his title and seat in the Council. (Kaianerekowa 90)
The Mohawk Rotiianer are the head of the Haudenosaunee Confederacy, as foundation of the Great Peace and no measures or decisions can be passed in Haudenosaunee Council if the Mohawk disagree or are not present. (Kaianerekowa 5, 6, 36-41)
Haudenosaunee council is conducted by two bodies. Any issue is first discussed by the Older Brothers; the Mohawk and Seneca; next by the Younger Brothers; the Oneida and Cayuga. Once consensus has been achieved between the Older and Younger Brothers (to agree or disagree), the Mohawk present the decision to the Fire Keepers, the Onondaga for final judgement. The Onondaga will return a decision to the Mohawk in case of a disagreement between the Older and Younger Brothers, or confirm the opinion as the same. In the event that the Onondaga decision differs from a consensus by the Older and Younger Brothers, the issue returns for discussion by the later. If the Younger and Older Brother return with an unchanged decision, the Onondaga are compelled to confirm the decision, thus achieving consensus. The same process will be followed when an issue is brought forward to Haudenosaunee council by an individual or a War Chief (Kaianerekowa 9, 10, 11)
The Haudenosaunee council will appoint a speaker for the day. The speaker must be Mohawk, Onondaga or Seneca. The speaker may be re-appointed on following days or a new speaker appointed. A speaker’s appointment is only good for the day appointed (Kaianerekowa 14)
No individual or foreign Nation shall have any voice during council except to answer questions asked by the speaker (Kaianerekowa 15), although they may be the one(s), by right, who brought the issue(s) forward.
Leadership, Authority, Jurisdiction and Accountability
We now turn to a specific discussion of the application of these notions of sovereignty as they apply to self-government in the areas of Leadership, Authority, Jurisdiction and Accountability.
To begin this discussion it is necessary to look at the conditions now present in Ongwehónwe communities and the process for the re-unification of the Ongwehónwe and a new Haudenosaunee relationship with the Crown.
With the push by the dominant society there has been a gradual marginalization of people caught between traditional and contemporary values. Some Ongwehónwe have gone over to the side of the dominant society, immersing themselves in this world and its values. These people have entered this world mainly through education. Many have become doctors, teachers and other upwardly mobile professionals, and have moved away from the traditions of their people. On the other side, there are some people that have remained true to the traditions and Kaianerekowa but find themselves in poverty due to their responsibilities and duties in community. Many traditional people have had to take on menial work in order to have the necessary income to continue their traditional work. These are the two sides of Ongwehónwe communities, both a tiny portion of the overall population. Most people find themselves in the middle, neither fitting into the contemporary world nor the traditional world. These are the people who have succumbed to many of the problems of marginalized life: alcoholism, drug abuse, physical abuse, etc. There is a small portion of these people who try to help the traditional people through financial and other types of support, but in the main, the marginalized centre of the community bears the brunt of life on community within a system set up by dominant society. Marginalized people neither fit into the values of contemporary or traditional worlds and most are encouraged to move towards the contemporary situation (acculturalization, assimilation) rather than towards the traditional.
Menno Boldt, in Surviving as Indians, The Challenge of Self-Government, reflects on the fact that,
Indian leaders are faced with a daunting challenge: they must begin to correct the consequences of generations of Canadian political and bureaucratic oppression, misdeeds, mismanagement, and neglect, and they must start the process from a base of inadequate resources and powers. This challenge to Indian leadership is magnified by complex social and cultural changes that have occurred and are presently occurring in Indian communities. (Boldt, 1993: 118)
Haudenosaunee self-government is based on the unification of the people in each community as a first step towards the use of the traditional governmental system.
The unification of the people must first be initiated by a return of those people who have gone outside of the community. It is not a matter of only a physical return, but of turning their attention back to the community. There must be a gradual movement toward the middle in order that people can be de-marginalized. The Ongwehónwe must adapt to the contemporary world but this does not mean that they must abandon their traditional roots. As people turn their attention to the community, through financial support and other means, the people who have taken on traditional responsibilities can devote all their time and energy to those concerns, rather than split their time between traditional concerns and menial jobs. With the development of a more balanced community structure, those people that found themselves marginalized by the pressures of dominant society can begin to return to the Haudenosaunee basis of one mind, one heart, one body; of a re-affirmation of familial relationship and unity.
The unification of Ongwehónwe communities is based on the Condolence Ceremony. Traditionally the condolence ceremony was used in the event of a death. It was used to condole those who were mourning their loss. In the unification of communities, the condolence ceremony is used to remove the pain of those people who have moved away from the traditions and those who found themselves marginalized. In this way the good mind can be expressed in all people. Granted there are some people who will be unable to overcome their pain and suffering, but the Original Instructions show that all actions and intents must be directed with seven generations in mind. Thus the unification of community and ultimately the return to traditional self-government must be developed with future generations in mind. Seven generations also means the awareness of those who are present now. In traditional times it is said that people lived long lives, with some living well past one hundred years. It was common for a person to know their Great Grandparents, Grandparents, parents, siblings, children, grandchildren and great grandchildren; seven generations in a person’s life.
Living in community becomes integrated with tradition. Rather than a movement away from tradition, attention is re-directed.
Haudenosaunee self-government is a relationship between a traditional form of government based on Kaianerekowa and the Federal Canadian Government (as representative of the Crown). Rather than a separation in community between Haudenosaunee government and federally imposed Band Councils, Haudenosaunee government becomes the sole government of the people.
As the nature of their communities change, Indian leaders [Federally imposed Band leaders] are confronted with difficult philosophical and political choices and decisions — choices and decisions about a fundamental restructuring of the political, economic, and social systems that at present give them their status, power and privileges. (Boldt, 1993: 128)
Haudenosaunee self-government uses the traditional structure of Kaianerekowa in its dealings with the Federal government. Rather than an elected Band Council, as set out by the Federal government, the Haudenosaunee have administrators and an Executive Council that interacts with the Federal government and other governments on behalf of the Rotiianer. In essence they are advisors to the Rotiianer. Thus internal national affairs are handled by the Rotiianer, sub-Roiianer, Clan Mothers, and Faithkeepers, with the Executive Council dealing with external affairs as advisors to the Rotiianer. The Rotiianer, each representative of a Clan family meet in council to come to a consensus decision on national issues conveying their decisions to the Executive Council in the case of external issues. In the event of international issues, the Six Nations convene at the Centre Fire (Onondaga) to arrive at international consensus. In the case of the Six Nations, each Nation is represented by its Rotiianer with the support of the national Executive Council.
In the event that a Nation has lost a Clan family and its representative Roiianer(s) there is a provision in Kaianerekowa for a Pine Tree Chief(s) that would take responsibility, ensuring a proper presence in number for each Nation. (Kaianerekowa 35)
LEADERSHIP
The Haudenosaunee notion of sovereignty as it applies to self-government in the area of leadership takes into account the qualities and characteristics necessary for a man to be considered for the position of Roiianer.
The Rotiianer of the Confederacy of the Five Nations shall be mentors of the people for all time. The thickness of their skin shall be seven spans — which is to say that they shall be proof against anger, offensive actions and criticism. Their heart shall be full of peace and good will and their minds filled with a yearning for the welfare of the people of the Confederacy. With endless patience they shall carry out their duty and their firmness shall be tempered with a tenderness for their people. Neither anger nor fury shall find lodgement in their minds and all their words and actions shall be marked by calm deliberation. (Kaianerekowa 24)
It shall be the duty of all the Five Nations Confederate Rotiianer, from time to time as occasion demands, to act as mentors and spiritual guides of their people and remind them of their Creator’s will and words. (Kaianerekowa 26)
All Rotiianer of the Five Nations Confederacy must be honest in all things. They must not idle or gossip, but must be men possessing those honorable qualities that make true Roiianer. It shall be a serious wrong for anyone to lead a Roiianer into trivial affairs, for the people must ever hold their Rotiianer high in estimation out of respect for their honorable position. (Kaianerekowa 27)
When the Royaneh women (Clan Mothers), holders of a Lordship title, select one of their sons as a candidate, they shall select one who is trustworthy, of good character, of honest disposition, one who manages his own affairs, supports his own family, if any, and who has proven a faithful man to his Nation (Kaianerekowa 53)
The Roiianer is the embodiment of the judicial, political and spiritual will of the people. In Ongwehónwe culture, leaders achieve status and influence through the distribution of wealth (wealth here defined as financial, but also personal talent and ability). “They shared generously because this [is] their obligation — the structure of beliefs, values, traditions, and customs require[] this behaviour.” (Boldt, 1993: 119)
AUTHORITY
The Haudenosaunee notion of sovereignty as it applies to self-government in the area of authority is explained in the understanding that traditional Haudenosaunee leadership comes from “the ground up”, that is, that any authority that a Roiianer may have is based on and controlled by the people that make up his Clan family, by his Nation and by the larger Confederacy. The Kaianerekowa is clear in the responsibilities of leadership as well as the method of impeachment in the event that a Roiianer does not carry out his responsibilities as prescribed by the people and the Kaianerekowa.
Since the right of naming and giving title to a Clan Family Roiianer belongs to the women of that Clan, in the event that a Roiianer neglects or refuses to attend National Council the other Rotiianer of the Nation approach the War Roiianer and ask him to ask the women of his Clan family to present him to the council. If he refuses than the women are to select another man for the title. A Roiianer will not be asked more than once to attend National Council, otherwise he will be de-horned (impeachment) and another will take on the title. (Kaianerekowa 17, 18)
Also if any individual in the Confederacy sees any problems in
… the performance of the functions of the Great Peace and its laws, in the Confederate Council or in the conferring of Roiianer titles in an improper way, through their War Chief they may demand that such actions become the subject to correction and that the matter conform to the ways prescribed by the laws of the Great Peace. (Kaianerekowa 98)
In essence the community of people (Clan family, National and International) is responsible for all political, social, spiritual and economic functions. Decisions are based on consensus and it is the people that constitute the government. It is not possible in this system for a Roiianer to make a unilateral decision without the consent of his Clan family, Nation, or the Confederacy. The Roiianer is the embodiment of the judicial, political and spiritual tenets of Ongwehónwe philosophy expressed in Kaianerekowa. He is the recognized speaker for the people, although he only voices the consensus decisions and opinions of the people that he represents. There is no independent authority vested in the position of Roiianer.
JURISDICTION
The Haudenosaunee notion of sovereignty as it applies to self-government in the area of jurisdiction takes into account that since all land belongs to women, “Women shall be considered the progenitors of the Nation. They shall own the land and the soil.” (Kaianerekowa 44) and since there is no record of a woman giving consent to land transfer, thus all land of the Five (Six) Nations is unceded. Jurisdiction includes all rights over land as declared territorial by each of the Six Nations, plus land transferred to them by the crown.
… in Kanienkehaka (Mohawk) culture, as in any other Iroquoian cultures, the woman are known as the custodians of the land. If any land is to be sold or given to another nation, the process must be overseen by the women of the Iroquois Confederacy. The Canadian and American governments have never been able to produce any documents showing that the women of the Kanienkehaka nation (or any other Iroquoian cultures) gave, sold or ceded any of our lands to them, or to the French or English who preceded them. (Gabriel, 166: 1992 )
The Kaianerekowa states clearly that
The soil of the earth from one end of the land to the other is the property of the people who inhabit it. By birthright the Ongwehónwe (Original Beings) are the owners of the soil which they own and occupy and none other may hold it. The same law has been held from the oldest times.
The Great Creator has made us of one blood and of the same soil he made us and as only different tongues constitute different nations he established different hunting grounds and territories and made boundary lines between them. (Kaianerekowa 73)
ACCOUNTABILITY
The Haudenosaunee notion of sovereignty as it applies to self-government in the area of accountability states clearly that the Roiianer are only accountable to the Haudenosaunee people. The Kaianerekowa sets out clear structures for the accountability of the Roiianer to the people, with the people having effective control over the leader(s). In the event that a Roiianer must be removed from their position, the process of impeachment with due cause is detailed in Kaianerekowa 19-22.
At present, in the dominant society, it is generally believed that,
Even if they were still operative, traditional controls were not designed for controlling a leadership that exercises powers from hierarchical, authoritarian, and legalistic systems. And the restraints — that is the checks, balances, and sanctions that normally operate in Western-democratic societies to make political and bureaucratic incumbents accountable to the people — have not yet taken root in an Indian civic culture. (Boldt, 1993: 130-31)
With all due respect to Menno Boldt and recognizing that this quotation deals with elected band councils, the traditional system of Haudenosaunee governance is still operative in many Ongwehónwe communities. The Kaianerekowa does in fact account for the control of a leadership that exercises power from a hierarchical, authoritarian, and legalistic position. The hierarchy and authoritarian structures of the Haudenosaunee, although defined differently than in Western-democratic societies, places women at the top, with men at the bottom. It is the women who are responsible for the land, the peoples’ welfare and it is the women through the Clan Mothers that ensure that the governmental system remains intact and true to Kaianerekowa.
The lineal descent of the people of the Five Nations shall run in the female line. Woman shall be considered the progenitors of the Nation. They shall own the land and soil. Men and women shall follow the status of the mother. (Kaianerekowa 44)
The women of the fifty Royaneh families shall be the heirs of the Authorized Names for all time to come. (Kaianerekowa 46)
The legalistic process for the naming and removal of a Roiianer, with reference to authority, is clearly stated in the Kaianerekowa. In the event of a removal,
The War Chiefs shall then divest the erring Roiianer of his title by order of the women in whom the titleship is vested. When the Roiianer is deposed the women shall notify the Confederate Rotiianer through their War Chief, and the Confederate Rotiianer shall sanction the act. The women will then select another of their sons as a candidate and the Rotiianer shall elect him. (Kaianerekowa 19)
Also with reference to the legal structure of the Kaianerekowa, Laws of Adoption (Kaianerekowa 66-70), Laws of Emigration (Kaianerekowa 71-72), rights of foreign Nations (Kaianerekowa 73-78), rights and power of war (Kaianerekowa 79-91), the process in the event of treason or secession of a Nation (Kaianerekowa 92), rights of the people of the Five Nations (Kaianerekowa 93-98), protection of religious ceremonies (Kaianerekowa 99-104), protection of the home (Kaianerekowa 107), and Funeral addresses and processes (Kaianerekowa 108-117), are all carefully set out, in detail, in the constitution.
To posit, as Boldt seems to do, that traditional Haudenosaunee (or other Native) governmental systems are incapable of functioning in contemporary times is misdirected at the very least. The governmental structure portrayed in Figure 4, takes into account the relationship that the Ongwehónwe have with the Canadian government (as representatives of the Crown). The federally imposed Band Council system becomes an Executive Council supported by administrators who handle the bureaucratic necessities. The Executive Council remains accountable to the people, since they have the responsibility of advising the Rotiianer of all external issues. Nevertheless, all decisions are still based on consensus and the structures of the Kaianerekowa. All processes are still directed from the bottom up, with the needs of the people, the Nation, and the Confederacy taking precedence. This is all based on the process of the Condolence ceremony.
Briefly, the Condolence ceremony takes into account that there must be a balance relationship between any two parties. In the case of a relationship with a foreign Nation like Canada, the Haudenosaunee would use the Condolence Ceremony to bring any discussion to balance. The Condolence Ceremony uses the process of “Ears, Eyes and Throat”, that is, the eyes of the others are cleared so that they can truly see what is before them. The ears of the other are cleared so they can hear the words for what they mean and the throats of the others are cleared so that they can speak with truth.
The accountability of the Rotiianer is to all the people; i.e., a democratic structure. It is said that
Whenever a specially important matter or a great emergency is presented before the Confederate Council and the nature of the matter affects the entire body of the Five Nations, threatening their utter ruin, then the Rotiianer of the Confederacy must submit the matter to the decision of the people and the decision of the people shall affect the decision of the Confederate Council. This decision shall be a confirmation of the voice of the people. (Kaianerekowa 93)
Conclusion
I have presented a comprehensive discussion of sovereignty as it applies to self-government of the Ongwehónwe based on Kaianerekowa in the areas of Leadership, Authority, Jurisdiction and Accountability. The majority of this discussion was based on explanations that I received, with respect to this examination, from Dan Longboat (Kanienkehaka) concerning the philosophy of the Ongwehónwe, Kaianerekowa (The Great Good or Great Law of Peace), the present situation in Ongwehónwe communities and a plan for the implementation of Ongwehónwe self-government based on the Haudenosaunee constitution. I also referred to the written accounts of Kaianerekowa found in Arthur C. Parker’s compilation, The Constitution of the Five Nations or The Iroquois Book of the Great Law, as well as other literary sources bearing direct reference to the Haudenosaunee.
I have attempted to explore in each section of this examination, with reference to self-government in the areas of leadership, authority, jurisdiction and accountability, the concept of sovereignty and its philosophical roots in Ongwehónwe world-view, the traditional governmental structures of the Haudenosaunee, a discussion of the present situation in Ongwehónwe communities, a possible process for their re-unification and the implementation of a traditional governmental system and a newly defined relationship with the Canadian Government.
I have shown that the traditional government structure of the Haudenosaunee is a viable and proper system of self-government that sets out the necessary process for good leadership. The authority of leadership flows upwards from the people themselves, with all leaders accountable to the people. In the end, the jurisdiction of leadership includes their respective Nation and the Six Nations Confederacy as a whole, with women as progenitors of the Nation.
Copyright © 2000-2003 by D'Arcy Rheault. All rights reserved.
References
Boldt, Menno, Surviving as Indians, The Challenge of Self-Government. Toronto, ON.: University of Toronto Press, 1993.
Gabriel, Ellen, “Kanesatake: The Summer of 1990.” in Diane Engelstad and John Bird (eds.), Nation to Nation, Concord, ON.: House of Anansi Press, 1992.
Hill, Norbert, Words of Power, Voices from Indian America. Golden, CO.: Fulcrum Publishing, 1994.
Kaianerekowa, in The Constitution of the Five Nations or The Iroquois Book of the Great Law. Albany NY.: University of the State of New York, 1916, reprint Six Nations Reserve: Iroqrafts, 1991.
Longboat, Dan. Interview by author, 3 June, 1997. Peterborough, ON.