Ho-Chunk Nation (USA) Constitutional Amendment: Rights of Nature

Summary

In December of 2018, the Ho-Chunk Nation became the first to amend their tribal constitution to include the Rights of Nature. The amendment, which was proposed by Rekumani—a member of the Ho-Chunk Nation, the Deer clan, states that “ecosystems, natural communities, and species within the Ho-Chunk Nation territory possess inherent, fundamental, and inalienable rights to naturally exist, flourish, regenerate, and evolve.” The amendment also includes an enforcement clause allowing ecosystems and natural communities to be represented in tribal court “as the real party in interest.”

Within the Ho-Chunk Nation’s territory in Wisconsin, USA, the amendment was developed in response to increased threats to land and water due to industrial agriculture, mining operations, and habitat loss that have degraded ecosystems over time. Between 2010 and 2015, Ho-Chunk members organized community meetings to discuss the cultural and ecological impacts of industrial development, referencing data from the Wisconsin Department of Natural Resources showing that over 60% of monitored streams in key counties had elevated levels of suspended solids and nitrates—conditions tied to mining and agricultural runoff.

In 2015, members of the Ho-Chunk Nation first introduced the idea of a constitutional amendment that would formally recognize nature’s rights within tribal law. The Community Environmental Legal Defense Fund (CELDF) became involved soon after and assisted the Ho-Chunk Nation in developing the Rights of Nature amendment. CELDF worked closely with Rekumani and the General Council to help translate Ho-Chunk understandings of the natural world into constitutional language. Over a series of drafting sessions between 2016 and 2018, they developed the text that would become Article X, Section 2.

The proposed amendment was ready for a General Council vote by mid-2018. On the day of the vote, 1,268 ballots were cast: 893 in favor, 182 opposed, and 193 abstaining, resulting in an 86.9% approval rate.

Impact Statement

Through this constitutional amendment, the Ho-Chunk Nation became the first tribal sovereign entity to amend their tribal constitution to include the Rights of Nature.