The ocean has always been more than just a body of water—it is a living relative for many Indigenous peoples. Through her advocacy work, Wáahlaal Gíidaak of Haida, Tlingit, and Ahtna Athabascan descent exemplifies this viewpoint. She discovered that the ocean had a strong connection to identity, survival, and spirituality while growing up on Prince of Wales Island in Alaska. She is currently influencing conversations on establishing an Indigenous Law of the Sea in her capacity as vice president of the Ocean Conservancy’s Arctic and Northern Waters program. This idea aims to address contemporary issues, including deep-sea mining, ocean pollution, and climate change, while drawing inspiration from customs and regulations that predate the United Nations Convention on the Law of the Sea.
How Do Indigenous People Define Their Connection to the Sea?
Indigenous communities view the ocean as an integral part of their identity, not just a resource. Gíidaak remembers ancient tales of ravens removing persons from clam shells, salmon-sustaining ancestors who lived 10,000 years ago, and the ongoing use of salmon in Indigenous ceremonies and diets. The continuation of links that predate the creation of state and international laws is highlighted by this lengthy history.
Key aspects of this connection include:
- Stories of cultural origin that connect communities to the water.
- Subsistence connections, including dependence on seaweed and salmon.
- Ties of spirituality in which the sea is regarded as a living relative.
- Modern Indigenous communities are linked to ancient predecessors who flourished in maritime habitats, as evidenced by DNA.
This perspective reinterprets conservation as respecting an interdependent relationship with nonhuman animals that maintain life, rather than protecting them for human use.
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How Is Climate Change Reshaping These Ocean Relationships?
Indigenous peoples are at the forefront of the Arctic’s warming, which is occurring four times faster than the world average. Traditional food sources and cultural traditions are already being disrupted by the melting of glaciers, rising sea levels, and changes in animal distributions.
Some visible impacts include:
- Glacial retreat: Rivers and ecosystems that rely on seasonal meltwater are being disrupted by the retreat of glaciers.
- Species migration: Subtropical species, such as turtles, can be found in Alaskan waters.
- Decline of wild salmon stocks: Wild salmon stocks are declining, putting the planet’s remaining sizable wild salmon populations at risk.
- Loss of seaweed beds: The loss of seaweed beds poses a threat to food security and traditional diets.
These changes have a direct impact on the survival and continuation of culture for Indigenous peoples; therefore, they are more than just statistical data.
Also Read: Coral Reefs Suffer Repeated Mass Bleaching Deepening Marine Crisis
Why Create an Indigenous Law of the Sea?
States have the power to determine what occurs in international waters under the current U.N. Convention on the Law of the Sea. Indigenous peoples, however, were left out, even though their forebears had controlled these seas long before colonial borders were established. This exclusion presents both a difficulty and an opportunity for Gíidaak and her peers.
An Indigenous Law of the Sea would:
- Use traditional wisdom to promote sustainable ocean management.
- Provide a supplementary framework that enhances international law rather than supplants it.
- Emphasize customs that have been passed down through the ages, such as harvesting with respect and observing taboos.
- Promote Indigenous sovereignty by reaffirming their inalienable right to control the ocean.
The goal is to portray a distinct, whole worldview based on reciprocity, respect, and responsibility for the oceans, rather than copying U.N. treaties using Indigenous language.
Also Read: The Critical Role Of Indigenous Communities In Forest Restoration
How Could Indigenous and International Laws Work Together?
Indigenous Law of the Sea might offer a framework that improves global ocean governance, even though it would be autonomous. Instead of assimilation, collaboration would entail respect for one another. To envision what a unified Indigenous protocol may look like, Indigenous peoples are already gathering across national borders with Māori in Aotearoa New Zealand, Hawaiians, Canadians, and Greenlandic leaders.
Important junctions could be:
- Shared storytelling traditions: Combining values from several countries into a single set of rules.
- Participation in global forums: Coalitions formed by Indigenous peoples offer alternatives at U.N. conferences.
- Complementary stewardship models: Employing Indigenous customs to support conservation objectives such as the High Seas Treaty.
- Observer status: Allowing states to observe Indigenous governance tables, rather than the other way around, is known as observer status.
| Differences Between U.N. Law of the Sea and Indigenous Law of the Sea | ||
| Aspect | U.N. Law of the Sea | Indigenous Law of the Sea |
| Decision-makers | Sovereign states | Indigenous nations and communities |
| Focus | Jurisdiction, navigation rights, and economic use | Reciprocity, respect, and ancestral responsibilities |
| Knowledge base | Legal frameworks, scientific studies | Oral traditions, lived experience, ecological wisdom |
| Sovereignty | Recognized through statehood | Inherent, predating colonial governance |
| Approach to conservation | Resource management and environmental law | Sacred responsibility and long-term relational care |
Also Read: Rising Sea Levels: What Countries Are Doing To Stay Safe
Frequently Asked Questions (FAQs)
Q1. What is the Indigenous Law of the Sea?
It is a suggested framework for governing Indigenous peoples’ connection to the ocean, based on customs, duties, and traditions that have been in place for thousands of years. It is not constrained by state borders, unlike U.N. law.
Q2. How is it different from international treaties?
International agreements that regulate rights and resources, such as the United Nations Convention on the Law of the Sea, are state-centric. Indigenous Law of the Sea places a strong emphasis on reciprocity, stewardship, and treating nonhuman animals with respect as family members rather than as commodities.
Q3. Who can participate in shaping this law?
Regardless of whether they speak their native language or have formal training, all Indigenous peoples with ties to the ocean are welcome to participate. This communal knowledge includes everyday behaviors, encounters, and connections with the sea.
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