In late May 2023, the InterAmerican Commission on Human Rights (IACHR) upheld the Onondaga Nation’s right to pursue the human rights violations claims against the United States, in what they labeled an “Admissibility Decision.” This was roughly the equivalent of surviving a motion to dismiss the case and now, the Nation’s Petition will proceed to a final decision on the merits of the human rights violations.
“This is an extremely important accomplishment as this is first time any Indigenous nation has progressed this far against the US,” said Joe Heath, General Counsel for the Onondaga Nation. “It is a major step in the Nation’s centuries-long struggle to force New York State to account for its illegal takings and subsequent sales of treaty-protected lands.”
Heath added, “As positive as the May 2023 Admissibility Decision was, it contained one error—in that it ruled that the Nation’s claim based on the violation of the internationally recognized ‘right to property’ could not proceed. This denial was wrong and in violation of international law and precedent. The denial was because the illegal takings ended in 1822, long before the OAS was formed in 1948 and before the 20th century declarations of human rights and the rights of Indigenous peoples.”
This Motion for Reconsideration asks the IACHR to look at that denial again and it reminds the Commission of its own precedent—that the harms from the loss of lands and waters is on-going and had not ended. That is the context of the motion.
“In the process of making these arguments, we also forcefully argue that US “Indian Law” is in general, colonial,” stated Heath. “We also denounce the doctrine of Christian Discovery and Domination, as the basis for US colonial Indian law. And finally, we argue that the US claims of plenary power and land trusts as being farce.”
The IACHR is expected to make a ruling on this motion in the coming months.