Seeking recognition without surrendering Ayaawx

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Seeking Recognition without Surrendering Ayaawx

The Ts’msyen Nation may seek recognition from external governments, institutions, or partners while **retaining full authority under ayaawx**. Recognition is a practical engagement; it is not a transfer of jurisdiction, interpretation, or law.

This page sets out how recognition can be pursued without surrender.

Foundational Understanding

Ayaawx is the source of Ts’msyen law.

Recognition:

  • may acknowledge existence or status
  • may facilitate cooperation
  • may enable practical arrangements

Recognition does not:

  • create Ts’msyen authority
  • redefine Ts’msyen law
  • grant interpretive power
  • extinguish responsibility

Authority exists regardless of recognition.

Purpose of Seeking Recognition

Recognition may be sought to:

  • protect land and waters
  • prevent or address harm
  • coordinate services or access
  • clarify relationships
  • ensure Ts’msyen voices are heard

Purpose must be explicit and limited.

Non-Surrender Principle

Any pursuit of recognition must uphold the non-surrender principle.

This means:

  • ayaawx remains primary
  • no transfer of interpretive authority
  • no waiver by silence or participation
  • no substitution of foreign legal standards
  • no implied consent through cooperation

Silence does not equal surrender.

Clear Statements of Position

When seeking recognition, Ts’msyen representatives:

  • state the continuing authority of ayaawx
  • define the scope of engagement
  • identify limits of consent
  • reserve interpretive authority
  • document understandings

Clarity prevents erosion.

Mandate and Representation

Only lawful representatives may seek recognition.

They must:

  • act within mandate
  • remain accountable to wilp and clans
  • avoid binding others without consent
  • report back for review and witness

Mandate defines legitimacy.

Language and Translation Safeguards

Language used in recognition processes must be careful.

Safeguards include:

  • avoiding exhaustive definitions of ayaawx
  • rejecting equivalence with foreign law
  • preserving original meaning where translation occurs
  • reserving the right to clarify or correct

Words shape power.

Agreements and Understandings

Any agreement or understanding must:

  • acknowledge Ts’msyen law
  • prohibit unilateral reinterpretation
  • preserve internal jurisdiction
  • require consent for amendment
  • allow withdrawal where law is threatened

Agreements that weaken law require correction.

Relationship to External Forums

Engagement with external forums:

  • follows exhaustion of Ts’msyen law where applicable
  • does not replace internal processes
  • does not confer interpretive authority
  • remains subject to review and renewal

Participation is conditional.

Review and Renewal

Recognition efforts are reviewed by:

  • Elders
  • wilp
  • community discussion
  • public witness where appropriate

Renewal protects against gradual drift.

Teaching and Transparency

Community understanding strengthens protection.

This includes:

  • explaining why recognition is sought
  • naming limits and risks
  • sharing outcomes openly
  • inviting correction

Transparency is defensive law.

Continuity

Seeking recognition without surrender ensures:

  • protection of ayaawx
  • practical coexistence
  • lawful engagement
  • preservation of authority
  • security for future generations

Recognition may be useful. Surrender is never required.

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