In the early 1970’s, activists representing the newly established American Indian Movement occupied public landmarks throughout the United States with the hopes of protecting indigenous sovereignty by addressing the multitude of treaty responsibilities which the United States government had failed to uphold (Szekely 2/13/17). This ongoing fight is a result of the complexity of indigenous “nested sovereignty” within a colonized state. Today, the effects of this conflict manifest in the Iroquois territory, which spans from upstate New York to the surrounding Lake Ontario region in Canada. The dynamic between colonial states and the Haudenosaunee is embodied in two standpoints; while the settler state administration focuses on addressing the “problem” …show more content…
The only way for indigenous communities to maintain true autonomy after much of their territory has been occupied by a foreign government is through refusal of inclusion in the “settler state” (Simpson 11). However, the state must provide these self-governing freedoms in order for the indigenous nations to remain autonomous. For example, the Indian Act in Canada outlines how reserves and bands can operate and defines who is to be considered “Indian”. While the legislation provides a platform of autonomy for First Nation bands, it does so on the terms of the state. It states in the Mohawk Ten Commandments; “Let no power abolish your nation” highlighting the importance of their nation’s survival (Simpson 27). This is why Haudenosaunee Confederacy will gladly accept any legislation promoting independence and self-governance but they will staunchly deny any state efforts towards assimilation. The Iroquois people do so by denying or refusing any “gifts” from the settler-state, therefore assert the sovereignty of their communities, answering to the confederation’s authority over the authority of colonizers (Simpson 7). By continuing to exist, maintaining traditions and govern themselves, indigenous struggles against state membership embodies the overall failures of colonisation (Simpson …show more content…
Even with laws such as the Jay Treaty in place, movement across borders raises questions about the extent to which indigenous sovereignty. This is exemplified by the Mohawk lacrosse team’s inability to cross international borders due to the illegitimacy of Haudenosaunee passports (Simpson 25). Due to the fact that Mohawk people refuse to identify as Canadian or American, their citizenship is not internationally recognized. However, when it comes to travel between the United States and Canada, Article 3 of the Jay Treaty states that indigenous people have the right to freely cross the border. The Jay Treaty is also flawed due to the fact that it was issued by the settler states, making it inconsequential in the sense that it is open to interpretations. Audra Simpson expresses her frustration with border crossing, stating that different guards had different interpretations of the Treaty such as limiting it’s jurisdiction to the Northeast (Simpson 123). However, Simpson also states that the Iroquois people view the border between Canada and the United States “as a site not of transgression but for the activation and articulation of their rights.” This means that for these people, utilizing the rights outlined in the 1794 treaty emboldens them, as it serves as a shield for sovereignty over their