What would an Indigenous Law of the Sea look like?

‘Wáahlaal Gíidaak, an Indigenous leader from the Haida, Tlingit, and Ahtna Athabascan communities, was raised on Prince of Wales Island in Alaska, home to around 6,000 residents.

Her professional journey has been deeply rooted in government and public policy, focusing on advocacy for Indigenous peoples. When first approached by the Ocean Conservancy—a nonprofit committed to ocean protection—she felt hesitant.

“Historically, many conservation organizations in the U.S. and Alaska have faced challenges in forming positive relationships with Indigenous peoples,” she remarked.

Eventually accepting the role, Gíidaak now serves as the Vice President of the Ocean Conservancy’s Arctic and Northern Waters program, where she is engaged in discussions regarding the establishment of an Indigenous Law of the Sea.

The traditional Law of the Sea typically relates to the international legal framework set forth by the 1982 United Nations Convention, which defines what states can undertake in ocean waters. The newly ratified “high seas treaty” aims to enhance ocean conservation on this foundational structure, yet Indigenous peoples like Gíidaak’s community have historically been excluded from signing such laws. The UN system emphasizes government-recognized perspectives, which complicates Indigenous efforts to convey their concerns after centuries of displacement and loss of political autonomy.

Recognizing this gap, Gíidaak sees a crucial opportunity for Indigenous peoples to unite in forming their own international ocean governance laws. Territorially inspired by the Māori Law of the Sea in Aotearoa (New Zealand), Gíidaak envisions a more inclusive legal framework that transcends borders, empowering Indigenous communities to better advocate for critical ocean-related issues like climate change and deep-sea mining.

In an insightful interview, Grist spoke with ‘Wáahlaal Gíidaak about the essentials of an Indigenous Law of the Sea, its significance, and current initiatives to create it. This conversation has been edited for brevity and clarity.

Q. Can you describe your personal connection to the sea? 

A. Our historical narratives recount that it was here, at our islands, where the raven discovered a clam shell from which humans emerged. This narrative emphasizes our profound bond with our islands, sustained for generations. We’ve inherited an intrinsic connection with nonhuman beings in the ocean, which is fundamental to our existence.

About 20 years ago, one of our ancestors was discovered in a cave on Prince of Wales Island, dating back approximately 10,000 years. Testing revealed a match with modern populations, and significantly, they found salmon DNA in their remains. This illustrates our longstanding relationship with salmon, existing long before modern harvesting regulations. Remarkably, back then, these salmon were saber-toothed salmon.

Currently, we witness the alarming disappearance of salmon from our territories, once thriving with the largest wild salmon stock globally. Many communities have endured five years without harvesting salmon due to declining populations, jeopardizing our way of life and our age-old relationship with this vital species.

Q. How is climate change impacting your people’s bond with the ocean? 

A. We are observing that significant ice sheets are melting at four times their historical rate. The melting Arctic and Central Arctic Ocean glaciers contribute to rising sea levels, affecting ecosystems worldwide. Rapid glacier retreat has been observed, and these glaciers are crucial as they sustain our rivers. Maintaining a balanced melting rate is imperative for ecological health.

Furthermore, we’re witnessing unusual species migrations, such as subtropical turtles entering our waters, previously unimaginable in Alaska. Changes in our marine ecosystem are profound, affecting essential elements like seaweed, which is a dietary staple for our communities.

Q. What motivates you to develop an Indigenous Law of the Sea? 

A. My colleagues and I recognized a significant opportunity for Indigenous representation at influential gatherings where decisions about our homelands are made. Often, the inclusion of Indigenous perspectives is tokenistic, occurring after major decisions have been solidified. We are motivated by our ancestral laws that inform our interactions within marine environments, aiming to integrate these principles into the broader conversation. If the world embraced our age-old protocols for ocean stewardship, we could make significant strides in safeguarding marine habitats and respecting nonhuman beings.

Q. How will an Indigenous Law of the Sea interface with existing international laws? 

A. Our initiative to create an Indigenous Law of the Sea is not about mimicking the U.N. Law of the Sea with superficial changes. It is about establishing a distinct Indigenous legal framework that highlights our historical relationship with the oceans and the guiding principles we’ve upheld for generations. By documenting these traditional practices, we can offer the world insight into Indigenous knowledge, enriching the current dialogue about marine ecology and conservation.

We are currently initiating conversations in Alaska while also connecting with brethren from Aotearoa New Zealand, Hawai’I, and Canada. The goal is to collaboratively compile narratives and practices regarding ocean stewardship into a comprehensive document to share globally. This vision embodies a relationship that has thrived long before contemporary governance, redefining how societies interact with the marine environment.

Q. Why is this important? 

A. This effort allows Indigenous peoples to state, “These are our laws,” bringing historically marginalized perspectives to the forefront. While numerous nations and leaders strive to advance essential legislation, Indigenous sovereignty has rarely been flexed to assert ownership over our traditional waters. Our laws existed long before many current governance systems, and it’s vital for us to reclaim our role in determining how these waters are treated.

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Our sovereignty is inherent. Prior to the establishment of any external governments, we maintained sophisticated systems of governance rooted in communal care. Now, as we explore what it means to uphold this sovereignty, we aim to reset the narrative around marine stewardship by emphasizing our ownership of our ancestral waters. Our goal is to foster an environment where international players observe our customs while respecting our sovereignty as Indigenous stakeholders in these conversations.

Q. What are the current avenues for these discussions? 

A. We recently hosted our inaugural gathering in Alaska, inviting tribes and Native leadership from across the state to engage in three days of dialogue. We were fortunate to have our Māori partners assist in this dialogue, who have already developed their own Indigenous Law of the Sea. Participation from Hawaiian representatives, Greenland associates, and others further amplified the discussions. We are hopeful for a more formalized structure going forward. Informally, we convened at the U.N. Ocean Conference as the Indigenous Peoples Ocean Alliance, a spontaneous gathering that holds promise for future organization.

Q. How can Indigenous peoples engage in this process? 

A. Many Indigenous individuals feel disconnected from their traditional knowledge due to colonization, doubting their contribution to such a legal framework. It’s essential to understand that the practices they’ve upheld, whether acknowledged or not, are integral aspects of the Indigenous Law of the Sea. Participation doesn’t require expertise in traditional languages or storytelling—everyone’s experiences on and with our waters offer valuable insights. Sharing those truths empowers our community and preserves our responsibilities to steward these places.

Our DNA compels us to safeguard our land, with or without financial backing or institutional support. We are determined to protect our oceans and homelands, as our heritage guarantees our presence and commitment for the next 15,000 years. We are not going anywhere.