Food Fight

How the Supreme Court’s Decision on ICWA Affects Food Sovereignty

In a landmark decision, the U.S. Supreme Court has upheld the Indian Child Welfare Act (ICWA) with a decisive seven to two vote. This ruling, as Indigenous food systems advocates stress, is pivotal for the wellbeing of Native children and communities, reinforcing tribal sovereignty and Indigenous food sovereignty.

The Native American Rights Fund has labeled Brackeen v. Haaland as the most significant challenge to ICWA since its inception in 1978. The Act was originally passed following a Congressional investigation that revealed the alarming removal of over one-third of Native children from their homes, placing them in non-tribal environments between the 1950s and 1970s.

ICWA now plays a crucial role in safeguarding Native children, with the National Indian Child Welfare Association emphasizing its importance in ensuring children are raised “with family, in community, and connected to culture.” Despite this, Native children are still reportedly four times more likely to be removed by state child welfare systems than their non-Native counterparts.

Indigenous-led initiatives are at the forefront of protecting and advancing Indigenous sovereignty and tribal wellbeing. These efforts often focus on Indigenous food sovereignty and youth engagement, addressing the lasting effects of settler colonialism in their communities.

Wabanaki Public Health and Wellness (WPH) in Maine is spearheading several programs for the Wabanaki people. This includes the Ktanaqson Food Sovereignty Program, aimed at reconnecting Wabanaki people with their traditional food systems and cultural roots, with a special focus on the youth.

Andrea Sockabasin, Community and Land Wellness Director at WPH, highlights the broader benefits of increasing knowledge around food sovereignty, linking it to improved education, economic mobility, and financial stability.

Matte Wilson, Director of the Sicangu Food Sovereignty Initiative in South Dakota, echoes similar sentiments. His regenerative buffalo project underscores the integral role of buffalo in the food system and the impact of colonization. The 7Gen Food Sovereignty Vision that informs his work encompasses language fluency, traditional ecological knowledge, and community development.

WPH also extends its reach to Indigenous youth living away from their communities, ensuring they maintain connections to Indigenous literature and traditional foods. Lisa Sockabasin, Co-CEO of WPH, stresses the importance of this connection, especially for children in contact with the system.

Darren Ranco, a Penobscot Nation member and Associate Professor at the University of Maine, underscores the significance of community-based knowledge sharing, often disrupted by colonization and modern educational systems.

Heather Dawn Thompson, Director of the USDA’s Office of Tribal Relations, acknowledges that Indigenous and tribal systems have historically been overlooked by the USDA. Current efforts aim to rectify this by incorporating Indigenous perspectives and promoting access to traditional foods in Indigenous communities.

As the nation reflects on the Supreme Court’s decision, Lisa Sockabasin cautions against underestimating the potential impact of undermining ICWA, likening it to a historical recurrence of dispossession. Ranco reiterates the importance of ICWA in maintaining community integrity and the transmission of traditional knowledge.

This ruling, therefore, is not just a legal victory but a significant step in recognizing and preserving the cultural, social, and food sovereignty of Native communities across the United States.

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