Milwaukee County's Resolution supporting Rights of Nature - September 11, 2023
By Supervisors Sumner, Burgelis, Clancy, File No. 23-785
Wasserman, Shea, Martin, Gómez-Tom, Logsdon, and Vincent
AN AMENDED RESOLUTION
Supporting the “rights of nature” movement across waterways and bodies of water in Milwaukee County for protection and ensuring human activities do not interfere with nature and its ability to be healthy, robust, and resilient
WHEREAS, Milwaukee County has developed a bold plan to achieve carbon neutrality by 2050 and improve climate resiliency across all County operations; and
WHEREAS, Milwaukee County’s vision for protection of its natural environment and inhabitants residing in the County for generations, including Native and Indigenous Communities, aligns with the County’s aim to be the healthiest County in the State of Wisconsin; and
WHEREAS, Milwaukee County recognizes the “rights of nature”, which was initially enacted by the Menominee Tribe of Wisconsin, as a sacred idea and policy to protect Southeastern Wisconsin’s waterways and bodies of water from human harm; and
WHEREAS, Milwaukee County has historically passed resolutions, including File No. 19-582, to create Climate Tasks Forces protecting the region’s environment and reduce greenhouse emissions thereby achieving environmental equity; and
WHEREAS, the Menominee, Potawatomi, and Ho-Chunk Tribes have called Milwaukee County home for generations, and the Menominee Tribe passed File No. 19-52 within their tribal government recognizing the inherent rights of the Menominee River to flourish and naturally exist free from any interruption; and
WHEREAS, major bodies of water within Milwaukee County, including the Menominee River, Milwaukee River, and Fox River as well as Lake Michigan, provide essential biodiversity and wildlife habitats; and
WHEREAS, these bodies of water require a “rights of nature” protection, which will help Milwaukee County to be the healthiest in the State of Wisconsin due to its restoration as a natural wonder; and
WHEREAS, the “rights of nature” policy is symbolic in nature, which recognizes Milwaukee County’s bodies of water as integral and essential to the environment, as
WHEREAS, the Committee on Community, Environment, and Economic Development, at its meeting of September 11, 2023, recommended adoption of File No. 23-785 as amended (vote 4-0); now, therefore,
BE IT RESOLVED, the Milwaukee County Board of Supervisors hereby supports the “rights of nature” movement across waterways and bodies of water in Milwaukee County for protection and ensuring human activities do not interfere with nature and its ability to be healthy, robust, and resilient.
jmj
09/11/23
Summary
At its meeting in Anchorage on June 28, 2022, the General Assembly of the National Congress of American Indians—the oldest and largest national organization of American Indian and Alaska Native tribal governments—adopted the resolution “Supporting the Rights of Nature”, which states that “the National Congress of American Indians (NCAI) supports the rights of nature legal framework and the efforts of Tribal Nations to recognize and enforce these rights within tribal law and governance” (2).
The resolution recognizes that a growing number of Tribal Nations “have advanced and adopted laws and policies which recognize that nature, including species and ecosystems, is a living entity with inherent rights, including rights to exist, flourish, regenerate, evolve, and restoration.” It also states that “Indigenous peoples have always recognized Mother Earth as a relative and provider that we must respect and protect” and that “our authority and ability as Tribal Nations and Indigenous peoples to protect the natural environment is essential to our inherent sovereignty and self-determination.”
At its meeting in Anchorage on June 28, 2022, the General Assembly of the National Congress of American Indians—the oldest and largest national organization of American Indian and Alaska Native tribal governments—adopted the resolution “Supporting the Rights of Nature”, which states that “the National Congress of American Indians (NCAI) supports the rights of nature legal framework and the efforts of Tribal Nations to recognize and enforce these rights within tribal law and governance” (2).
The resolution recognizes that a growing number of Tribal Nations “have advanced and adopted laws and policies which recognize that nature, including species and ecosystems, is a living entity with inherent rights, including rights to exist, flourish, regenerate, evolve, and restoration.” It also states that “Indigenous peoples have always recognized Mother Earth as a relative and provider that we must respect and protect” and that “our authority and ability as Tribal Nations and Indigenous peoples to protect the natural environment is essential to our inherent sovereignty and self-determination.”
The National Congress of American Indians Resolution #ANC-22-008
WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety, and welfare of the Indian people, do hereby establish and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and WHEREAS, the NCAI 2002 Policy Statement calls for the “Protection of our environment, the quality of air, lands, and waters, preservation of healthy habitat for fish and wildlife, and restoration of endangered species”; and
WHEREAS, Article 29 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), of which the NCAI has been actively involved in the drafting and implementing process since at least 1999, declares that "Indigenous peoples have the right to the conservation and protection of the environment"; and
WHEREAS, our authority and ability as Tribal Nations and Indigenous peoples to protect the natural environment is essential to our inherent sovereignty and self-determination; and
WHEREAS, Tribal Nations’ authority and ability to protect the natural environment is at risk from the many environmental crises that we face today, including the accelerating rates of species extinction, ecosystem collapse, and global warming; and WHEREAS, environmental laws, which regulate the use and protection of the natural environment, treat nature and Mother Earth as a non-living entity existing for human use, which can contribute to and accelerate these crises; and
WHEREAS, Indigenous peoples have always recognized Mother Earth as a relative and provider that we must respect and protect; and
WHEREAS, within written law, one of the highest forms of protection is the recognition of legal rights; and
WHEREAS, a growing number of Tribal Nations, including the White Earth Band of Chippewa, the Ho-Chunk Nation, the Ponca Tribe of Oklahoma, the Oneida Nation of Wisconsin, the Yurok Tribe, the Nez Perce Tribe, the San Xavier District of the Tohono O’Odham Nation, and the Menominee Indian Tribe of Wisconsin, as well as the Midwest Alliance of Sovereign Tribes, have advanced and adopted laws and policies which recognize that nature, including species and ecosystems, is a living entity with inherent rights, including rights to exist, flourish, regenerate, evolve, and restoration; and
WHEREAS, Tribal Nations, including the White Earth Band of Chippewa and the SaukSuiattle Indian Tribe, are beginning to enforce the rights of nature in tribal courts; and
WHEREAS, to strengthen and expand our authority and ability to protect tribal and treaty rights and the natural environment on tribal and traditional lands, there is growing support within Indian Country for recognizing and protecting the rights of nature.
NOW THEREFORE BE IT RESOLVED, the National Congress of American Indians (NCAI) supports the rights of nature legal framework and the efforts of Tribal Nations to recognize and enforce these rights within tribal law and governance; and
BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.
CERTIFICATION
The foregoing resolution was adopted by the General Assembly at the Mid Year Conference of the National Congress of American Indians, held in Anchorage, Alaska from June 12-16, 2022 with a quorum present.
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and WHEREAS, the NCAI 2002 Policy Statement calls for the “Protection of our environment, the quality of air, lands, and waters, preservation of healthy habitat for fish and wildlife, and restoration of endangered species”; and
WHEREAS, Article 29 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), of which the NCAI has been actively involved in the drafting and implementing process since at least 1999, declares that "Indigenous peoples have the right to the conservation and protection of the environment"; and
WHEREAS, our authority and ability as Tribal Nations and Indigenous peoples to protect the natural environment is essential to our inherent sovereignty and self-determination; and
WHEREAS, Tribal Nations’ authority and ability to protect the natural environment is at risk from the many environmental crises that we face today, including the accelerating rates of species extinction, ecosystem collapse, and global warming; and WHEREAS, environmental laws, which regulate the use and protection of the natural environment, treat nature and Mother Earth as a non-living entity existing for human use, which can contribute to and accelerate these crises; and
WHEREAS, Indigenous peoples have always recognized Mother Earth as a relative and provider that we must respect and protect; and
WHEREAS, within written law, one of the highest forms of protection is the recognition of legal rights; and
WHEREAS, a growing number of Tribal Nations, including the White Earth Band of Chippewa, the Ho-Chunk Nation, the Ponca Tribe of Oklahoma, the Oneida Nation of Wisconsin, the Yurok Tribe, the Nez Perce Tribe, the San Xavier District of the Tohono O’Odham Nation, and the Menominee Indian Tribe of Wisconsin, as well as the Midwest Alliance of Sovereign Tribes, have advanced and adopted laws and policies which recognize that nature, including species and ecosystems, is a living entity with inherent rights, including rights to exist, flourish, regenerate, evolve, and restoration; and
WHEREAS, Tribal Nations, including the White Earth Band of Chippewa and the SaukSuiattle Indian Tribe, are beginning to enforce the rights of nature in tribal courts; and
WHEREAS, to strengthen and expand our authority and ability to protect tribal and treaty rights and the natural environment on tribal and traditional lands, there is growing support within Indian Country for recognizing and protecting the rights of nature.
NOW THEREFORE BE IT RESOLVED, the National Congress of American Indians (NCAI) supports the rights of nature legal framework and the efforts of Tribal Nations to recognize and enforce these rights within tribal law and governance; and
BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.
CERTIFICATION
The foregoing resolution was adopted by the General Assembly at the Mid Year Conference of the National Congress of American Indians, held in Anchorage, Alaska from June 12-16, 2022 with a quorum present.