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Ho-Chunk Nation Amends Constitution To Add Environmental Protections

'Rights Of Nature' Provision Designed To Strengthen Legal Standing

By
Cimexus (CC-BY-ND)

The Ho-Chunk Nation has added a “rights of nature” declaration to its constitution in an effort to protect ceremonial grounds and other lands.

Tribal member William Greendeer said he’s been concerned about frac sand mines, cranberry growers and other companies cutting down large numbers of trees and causing other environmental damage near native sites.

“I believe these trees have a right to live, just as much as everybody else,” he said. “t’s the corporations that have been pushing destruction on the Earth and there had to be a wake up call of some sort.”

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Greendeer said the Ho-Chunk believe other parts of nature including air, water, and wildlife also have rights, and he expressed hope that the new constitutional language will provide the Ho-Chunk with more legal standing to protect natural resources.

Juliee de la Terre of Viterbo University has been helping the Ho-Chunk with the declaration. She said modern law allows too much exploitation of nature.

“And it doesn’t allow for nature to be made whole. So, that’s the point of the Ho Chunk’s incorporating this,” said de la Terre. “It’s allowing nature to be made whole and for nature to be protected by giving a voice through a human intervenor like a lawyer that can talk on behalf of the oak trees and the water systems and everything else. That’s how this is supposed to work.”

De la Terre said the rights of nature concept has had legal success in South America and tribal members said they’re confident the resolution will hold up in U.S. federal courts.