If passed, the rights of nature resolution would give legal standing to non-human life, including water, land, plants and animals.
“We, amongst [the] council, have said, ‘We can’t believe that we hadn’t done this before,’” said Tina Frankenberger, councilor for the Grand Traverse Band. “It’s who we are and represents us as a people. I mean, you can see it in our treaty with the things that we negotiated and the way we thought about and spoke about nature.”
It’s part of a broader movement that seeks to offer the same legal protections to nature that individuals and corporations have.
Frankenberger says the resolution builds on tribal teachings, tribal science and treaty rights, and that passing it could help strengthen environmental protection arguments in court.
Thomas Peters Binesiwegiizhig is part of a group of Grand Traverse Band tribal elders who helped draft and introduce the resolution.
“Our link with nature … is a really strong link — a lot stronger than people seem to realize,” he said. “We see the Creator within nature, and we are a part of the circle — we aren’t at the center of the circle — of life.”
He says the resolution would ensure the rights of ecosystems and species in a way that reflects Anishinaabe belief systems, culture and relationship to nature.
“We have an ability to be able to vocalize and articulate those needs for all of life, and that’s what we’re going to try to provide in this instance. That’s why we’re going after doing this within our community, within the Grand Traverse Band,” he said.
A number of tribal nations across the United States have enshrined similar legal rights for nature, as have countries like Ecuador and New Zealand.
In a White Earth Nation tribal court case in Minnesota, manoomin, or wild rice, brought a case against the Minnesota Department of Natural Resources. In the case, manoomin argued that a Line 3 water permit granted to Enbridge threatened its ability to flourish, preventing White Earth members from harvesting it.
The 2021 case was ultimately dismissed for lack of jurisdiction since the issue at hand dealt with non-tribal members and occurred outside of reservation boundaries.
But according to a legal analysis, “it [was] the first tribal court case to be brought on behalf of a natural resource and was only made possible because of the legal rights granted to manoomin.”
Peters Binesiwegiizhig says such legal precedent stands to benefit more than just tribal communities.
“No matter where you come from [or] what race you are, there needs to be some way to stand up so that we can have an environment,” he said. “So we’re looking for a voice that can do that and a movement that can do that.”
Grand Traverse Band tribal members can offer comments, suggestions and questions on the current draft of the rights of nature resolution.
That 60-day comment period will end in mid-May, and councilor Tina Frankenberger says it's possible the tribal council could vote on the resolution at the end of May.
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