The Struggle for Onondaga Land Rights Continues
A Brief History
On March 11, 2005 the Onondaga Nation filed an historic Land Rights Action in federal court in Syracuse. Their action was unique in focusing on the rights of the land as well as their call for justice for New York State’s illegal taking of their land. I was among several NOON members who were present for the packed news conference held at the Onondaga Nation Cookhouse that morning. It was a time of great hope, with Clan Mother Audrey Shenandoah noting that the “time feels right.”
The Onondaga Nation Land Rights Action begins with clear, non-legal language:
The Onondaga Nation hopes to bring about a healing between the Onondaga people and others who live in this area that has been the homeland of the Onondaga people since the dawn of time. The Onondagas have a unique spiritual, cultural and historic relationship with this land which bears no resemblance to legal concepts of ownership, possession or other legal rights. The Nation intends that this suit may be a step toward reconciliation, lasting justice, peace and respect among all who inhabit this region.
Like the other Haudenosaunee land cases filed earlier, the Onondaga case was based on the well-documented history that New York State knowingly violated federal laws, treaties, the U.S. Constitution, and the Trade and Intercourse Acts – which specifically prohibited states from taking territory from sovereign Indian Nations without federal involvement and approval.
Unfortunately, less than three weeks after the Onondaga case was filed, the U.S. Supreme Court ruled in Sherrill v. Oneida that, although the Oneidas land was taken illegally by New York State, there was no legal remedy. That ruling, based in part on the infamous Doctrine of Discovery, dramatically altered the legal landscape. Three months later, the 2nd Circuit U.S. Appeals Court reversed a decision in the Cayuga Nation land claim, nullifying the $247 million previously awarded to the Cayugas for the loss of all of their lands. This decision exacerbated the previous unjust ruling.
On October 11, 2007, the Onondaga finally had an opportunity to argue their case in Federal District Court in Albany. Alongside people from Onondaga, NOON members helped to fill two buses so that the Judge would see the broad community support for justice for Onondaga. The Onondaga lawyers were given only an hour to make their case. In response to highly dismissive comments from the lawyers representing New York State, the judge said, “Aren’t they just seeking a little justice?” Even this sympathetic statement seemed unlikely to overcome the court precedents, which set him up to rule against the Onondaga. Three years later, Judge Kahn dismissed the Onondaga Land Rights Action.
The dismissal was announced in the midst of the second year-long educational series organized by NOON, Onondaga Land Rights, and Our Common Future II. At a program titled “Onondaga Land Rights: Progress for Mother Earth,” Onondaga Nation general counsel Joe Heath spoke alongside Tadadaho Sid Hill. After reviewing the important progress which had been made on the community level since the case was filed, Heath said, “…it’s not a land rights case, it’s a land rights movement.” That statement spurred NOON to think about what we might do to bolster that movement.
Undaunted, the Onondaga appealed Judge Kahn’s decision and on October 12, 2012 (Columbus Day), the U.S. 2nd Circuit Court of Appeals heard oral arguments in the Onondaga Land Rights Action. NOON again organized supporters to attend the hearing, this time in New York City. Just one week later, the Court of Appeals rejected the Onondaga appeal. On October 15, 2013, The US Supreme Court refused to hear the Onondaga Land Rights Action, ending the Nation’s legal options in the United States.
After exploring a variety of options to bring their case to the international level, the Onondaga Nation filed a petition before the Inter-American Human Rights Commission (IAHC) of the Organization of American States on April 14, 2014. The Nation continued to seek the just and fair remedy that the U.S.courts failed to provide. The petition described a variety of human rights violations inflicted on the Onondaga by the United States and New York State.
Nearly a decade later, on July 6, 2023 the IAHC upheld the Onondaga Nation’s right to pursue claims for the illegal and unjust taking of their lands two centuries earlier. The landmark ruling is a major step in the Onondaga’s centuries-long struggle to force New York State and the U.S. to account for its illegal takings and subsequent sales for profit of treaty-guaranteed land that reduced the size of the Onondaga Nation from 2.5 million acres to its current 7,500 acres.
Unfortunately, even if the IAHC rules in favor of the Onondaga Nation, the Commission has no power to enforce its decisions and the U.S. government has made it clear that it will ignore such a verdict. Nonetheless, the moral authority of such a decision will be very meaningful to the Onondaga Nation and Indigenous Peoples across the globe.
Throughout this 18 year process, NOON has worked to support the efforts of our Onondaga neighbors to seek justice. We will continue to do so in the months and years to come.
-Andy Mager
Andy is one of the co-founders of NOON and has been involved with our work for the past 25 years. He is the coordinator of peace and justice publisher Syracuse Cultural Workers.
Upcoming Events:
“How do we continue to pave the way for Indigenous Voices?”
An in-person conversation with Gary Farmer (Cayuga)
Thursday, March 28, 6:30 PM – 8 PM
Seneca Art & Culture Center at Ganondagan
7000 County Road 41, Victor, NY 14564
Dialogue on Indigenous Philosophies of Sustainability and Climate
Friday, March 29, 3 – 6 pm
Hendricks Chapel, Syracuse University
Featured Speakers: Krushil Watene (University of Auckland, New Zealand), Kyle Whyte (University of Michigan), Mariaelena Huambachano (Syracuse University) and Guido Pezzarossi (Syracuse University – moderator)
Native American Eclipse Stories with Perry Ground
Saturday, March 30, 10:30AM – 11:30AM
Seneca Art & Culture Center at Ganondagan
7000 County Road 41, Victor, NY 14564
Solar Eclipse Program at the Cayuga Share Farm
April 8, 2024
11:00am Opening and Gathering for a Potluck
11:45am-12:30pm Potluck
12:30- 2:30p Tom Porter will relay the story of how the Formulation of the Confederacy is tied to an Eclipse in the 900’s or earlier
4061 Truesdale. Rd. Union Springs, NY 13160
For more information call Dan Hill at 716-298-8557
Witness to Injustice Experiential Workshop
Saturday, June 1, 1:30 to 4:30 pm
Erie Canal Museum, 318 Erie Blvd E, Syracuse, NY 13202
Witness to Injustice is a unique three-hour interactive group educational experience. It uses an experiential, participatory model to share the disturbing history of what Indigenous Peoples have experienced through colonization with a focus on the experience of the Onondaga Nation and other Haudenosaunee Peoples. The program seeks to foster truth, understanding and respect between Indigenous and non-Indigenous peoples in the part of the world now known as the United States; especially in the territory stewarded by people of the Onondaga Nation and other Haudenosaunee peoples. The program is facilitated by Onondaga Nation citizens and non-Indigenous allies. Witness to Injustice is a project of Neighbors of the Onondaga Nation / Syracuse Peace Council. The program is free and open to the public. Look for sign up information in coming months.
Monthly Events:
NOON Steering Committee Open Meeting. Please contact Lee Cridland, Peace Council Staff, for more information.
Online Resources:
Through a series of mini-documentaries, First Nations Development Institute is showcasing Tribal ecological stewardship practices that are protecting natural resources essential to the culture and sustainability of Native communities.
Ohén:ton Kariwatékwen — Traditional Conservation Through Gratitude
Learn about the Onondaga Land Rights and Our Common Future Series II – links to transcripts, reports, video and more.
Ongoing Events
Yöhso:s Six Haudenosaunee Painters
Seneca Art & Culture Center at Ganondagan
7000 County Road 41, Victor, NY 14564
Indigenous News:
Indian County Today’s three-part series on major changes to NAGPRA (Native American Graves Protection and Repatriation Act):
NAGPRA Part 1: A sea change in federal regulations
NAGPRA Part 2: ‘A state of Gozhoo’
NAGPRA Part 3: A model for future Indigenous exhibits
Land, wealth and higher education: How the ancestral ground of Montana’s Indigenous peoples came to generate millions for in-state campuses
The future of the Bureau of Indian Affairs
‘My child is not filth!’ Oklahoma vigil-goers honor the life and legacy of Nex Benedict
The 50th anniversary of the Boldt Decision is a celebration of Native leadership
Places to Visit:
Skä•noñh – Great Law of Peace Center, 6680 Onondaga Lake Pkwy. Liverpool, NY 13088. Skä•noñh is a Haudenosaunee Cultural Center focused on telling the story of the native peoples of central New York. Now open from 10am-4pm Wednesday-Friday, and 11am-4pm on Saturday.
Kanatsiohareke Mohawk Community, 4934 State Highway 5. Fonda, NY.
Ganondagan State Historic Site, 7000 County Road 41 (Boughton Hill Road) Victor, NY 14564. Bark Longhouse open May-October.
Seneca Iroquois National Museum, 82 W Hetzel St. Salamanca, NY 14779.
Iroquois Museum, 324 Caverns Road. Howes Cave, NY 12092.
About Us:
Neighbors of the Onondaga Nation (NOON) is a grassroots organization of Central New Yorkers which recognizes and supports the sovereignty of the traditional government of the Onondaga Nation. A program of the Syracuse Peace Council, NOON supports the right of Indigenous Peoples to reclaim land, and advocates for fair settlement of any claims which are filed. We are always looking for more folks to join our work in Central New York. Learn more here.
NOON works on the territory of the Onondaga Nation,
Firekeepers of the Haudenosaunee Confederacy.
We express our deep gratitude to the Onondaga Nation for caring for these lands, waters, and all our fellow beings since time immemorial.
We offer heartfelt apologies for the terrible violence that colonizers have carried out against the Onondaga People and Nation, including theft of land and attempted genocide. We are thankful for their perseverance and survival. We commit ourselves to working in solidarity with the Onondaga Nation to protect their sovereignty and create a shared, sustainable future for all life.
