On the Limits of the Concept of Religious Freedom in Indigenous Communities

Abstract

In this essay, we will argue that firstly, the international and national legal framings of religion or belief are limited in scope, and one must ask not only religious freedom for whom but also from whom. Secondly, we will underscore the continued limitations of international human rights-based discourse. Why are Indigenous nations consistently excluded from rights-based discourses? We have the UN Declaration on Human Rights (UNDHR), the UN Declaration on the Rights of Indigenous Peoples (UNPFII), the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), this new report, and so many other reports. We will ask at what stage we move from declarations and reports to protecting and supporting Indigenous nations and peoples. Thirdly, building on the limitations of rights-based reporting, we will highlight what this report gets right and invite activists, lawyers, scholars, and all folks to take up and read the report and follow up on the elements we believe to be most salient. Finally, we will conclude by offering an alternative to declarations that support Indigenous nations and peoples’ inherent right to sovereignty. Our conclusion emphasizes Faithkeeper Lyons’ urgent message, “The Ice is Melting in the North,” and provides a framework for how people could respond by explaining the Two Row Wampum treaty and the Two Row Wampum Method.

Author Biographies

Adam DJ Brett, Syracuse University

Adam DJ Brett earned his PhD in Religious Studies from Syracuse University. He is an Operations Manager and International Research Associate with the American Indian Law Alliance (AILA). Additionally, he is the grant and event coordinator for the Doctrine of Discovery Project at Syracuse University with Professor Philip P. Arnold, who is the Principal Investigator. The project is funded in part by the Henry Luce Grant “200 Years of Johnson v. McIntosh.”

Betty Hill (Lyons), American Indian Law Alliance

Betty Lyons, President & Executive Director of the American Indian Law Alliance (AILA), is an Indigenous and environmental activist and citizen of the Onondaga Nation. Betty has worked for the Onondaga Nation for over 20 years. Ms. Lyons serves as a member of the Haudenosaunee External Relations Committee and has been an active participant at the annual United Nations Permanent Forum on Indigenous Issues (UNPFII) since the first session in 2001 as a delegate of the Onondaga Nation. Betty attended Cazenovia College and is a Bryant Stratton College Graduate of the Paralegal Program. In 2023 she received an honorary degree from Onondaga Community College (OCC) in honor of her advocacy. In 2024 she received a lifetime achievement award from the NYC Bar Association for her work advocating for Indigenous nations and peoples.

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