Abstract

The concept of bio-cultural sovereignty is drawn from Native American Studies scholar Stefano Varese who explores the daily forms of biological and cultural resistance and adaptation in South America. This article extends Varese’s notions by exploring biological and cultural resistance in Native California with a particular focus on the continuing cultural practice of gathering. This article provides a case study analysis of the Lyng v. Northwest Indian Cemetery Protective Association (1988) Supreme Court case and uses traditional ecological knowledge to evaluate how bio-cultural sovereignty is affected by federal land management policies and Western constructions of ecology and the law. The methods are based in an interdisciplinary approach that embraces theoretical notions from linguistics, cultural anthropology, law, environmental justice, history, ecology, and Native American Studies. As a practitioner of traditional ecological knowledge, I offer an analysis of ecological gathering practices to argue that policies, procedures, methodologies, or experiments should be designed in a way that acknowledges the indigenous bio-cultural sovereignty of the land space. Tribes have enacted and continue to enact bio-cultural sovereignty, which solidifies their relationship with the land. Written policies can be used to protect Native interests and to develop a relationship between Native peoples and other agencies. Federal agencies can benefit from these partnerships as tribes can offer assistance to care for these land spaces, state agencies can alleviate potential funding issues for maintaining these areas, and researchers and academics can construct knowledge that incorporates traditional ecological practices to build solid, informed best practices.

Highlights

  • The concept of bio-cultural sovereignty is drawn from Native American Studies scholar Stefano Varese who explores the daily forms of biological and cultural resistance and adaptation in South America

  • Kat Anderson writes in her book Tending The Wild that: “Excluding desert and high-elevation areas, it was almost impossible for early Euro-American explorers to go more than a few miles without encountering indigenous people” (2005)

  • It demonstrates the continued partnership that Indigenous people have with the land space, and their continued responsibility to that space

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Summary

Introduction

Kat Anderson writes in her book Tending The Wild that: “Excluding desert and high-elevation areas, it was almost impossible for early Euro-American explorers to go more than a few miles without encountering indigenous people” (2005) She highlights that “Areas labeled ‘wilderness’ or ‘national park’ on topographic maps once encompassed ancient gathering and hunting sites, burial grounds, work stations, sacred areas, trails, and village sites, all making up what was home to hundreds of generations of California Indians” (Anderson 2005). For Western linguists, anthropologists, archaeologists, and other academics who have studied and theorized about Native peoples, the Hupa, Yurok, and Karuk have parallel cultures that are relatively the same They present a sort of paradox when it comes to theorizing about the development of these cultural practices. The Hupa, Yurok, and Karuk share cultural similarities even though they have three very different languages (O’Neill 2008)

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