Indian Time - A Voice from the Eastern Door

Akwesasne Election Law Amendments – Use of “And” or “Or”

Community Report, by MCA Kawehno:ke District Chief Abram Benedict

Recently the MCA held meetings in each district as part of the law amendment process for the Akwesasne Election Law. The purpose of these meetings was to present the proposed amendments to the Akwesasne Election Law. During one of these meetings, the definition of Onkwehonwe and the use of “and” or “or” within its definition was raised as an issue within the law as it pertains to being able to run for Council. The Committee who worked on the amendment process presented the results of the community meetings to Council and it was recommended by the Committee to keep the wording as status quo.

The addition to “and” would mean that any person who wanted to run for Council would have to have two Native parents. The current law, in force since 2005, requires that you only have to have one Native parent. Unfortunately, I was unable to attend the last General Meeting held on November 10, in the District of Tsi Snaihne due to previously arranged travel. At the General Meeting each Council member was questioned on how they voted on whether or not to change the requirements for Council candidates under the Akwesasne Election Law, specifically the use of “and” or “or” within the law. I voted to leave the requirements for Council as it currently is, “Whose mother OR father is/has been an enrolled member of the Akwesasne or any other First Nation Membership List.” I feel that changing the requirement to the use of “and” does not represent what is in the best interest of our youth. Changing this requirement would immediately disqualify any person who does not have two Native parents from running in a Council election. Over time the change would decrease youth participation and become a deterrent for future community participation and engagement.

Many processes already exist for the community to approve or deny one’s participation within the community, (i.e.: membership / residency application notices, elections). Changing this requirement only places additional restrictions on participation. A candidate must be a member in order to run for office, and non-members must apply to become a member, which includes a process for community input. An individual must be nominated and seconded before being able to run in an election, and then the individual must be successful in their bid for either District Chief or Grand Chief. Each respective district is already able to make a determination on who they feel would best appropriately represent them on Council by using the existing process.

Since the General Meeting a plebiscite was conducted in order to gauge the community’s opinion on this matter. The results were 71 were in favor of “or” and 89 were in favor of “and”. These changes have been incorporated into the proposed amendments of the election law. These proposed amendments will continue along the law enactment process. The next step in the law enactment process is a final vote by the community, which is scheduled to take place at a Special General Meeting on December 17, 2011. If the proposed law with these changes is accepted by the community on December 17, 2011, it will become effective and the next General Election will be conducted in accordance with this law.