Guarding against fragmentation of Tsm’syen rights and responsibilities
Guarding against Fragmentation of Ts’msyen Rights and Responsibilities
Ts’msyen rights and responsibilities arise from *ayaawx* and exist as an integrated whole. Fragmentation—whether through partial recognition, administrative division, or selective application—weakens law, disrupts balance, and erodes responsibility.
This page sets out how Ts’msyen law guards against fragmentation while respecting local authority and diversity of practice.
Foundational Understanding
Rights and responsibilities under Ts’msyen law are inseparable.
They are:
- carried together
- exercised through relationship
- accountable through witness
- renewed through practice
Separating rights from responsibilities distorts law.
What Fragmentation Looks Like
Fragmentation may occur when:
- rights are recognized without corresponding duties
- authority is separated from stewardship
- land, water, and culture are treated as isolated domains
- different standards are applied across communities without alignment
- external systems recognize parts of Ts’msyen law while excluding others
Fragmentation often appears gradual and practical, but its effects are cumulative.
Sources of Fragmentation
Common sources include:
- administrative compartmentalization
- issue-by-issue negotiations
- selective legal recognition
- imported legal categories
- inconsistent application across territories
- silence where clarification is required
Unchecked, these forces pull law apart.
Integrated Nature of Ts’msyen Law
Under ayaawx:
- land, water, and beings are governed together
- stewardship, authority, and accountability are linked
- houses, clans, and communities are interconnected
- principles guide rulings; rulings inform principles
Law functions as a system, not a set of parts.
Role of the Wilp
Wilp are key to preventing fragmentation.
They:
- carry place-based responsibility
- connect rights to lived stewardship
- maintain continuity of practice
- engage other wilp through protocol
When wilp authority is bypassed, fragmentation follows.
Role of Clans (Pdeex)
Clans bind houses and communities together.
They:
- provide balance and neutrality
- transmit law across distance
- prevent isolation of authority
- maintain kinship-based accountability
Clans are connective tissue of law.
National Alignment Without Centralization
Where issues cross communities or territories:
- alignment is sought, not uniformity
- principles are shared, practice may vary
- Elder guidance ensures coherence
- national coordination supports, not replaces, local authority
Unity does not require sameness.
Safeguards in External Engagement
To prevent fragmentation during external engagement:
- ayaawx is named as a whole
- partial recognition is rejected
- issue-by-issue surrender is avoided
- mandates are clearly limited
- internal review is required
Fragmentation often enters through convenience.
Language and Framing
Careful language protects unity.
This includes:
- avoiding isolated “rights-only” framing
- pairing authority with responsibility
- naming interconnected obligations
- rejecting piecemeal definitions
How law is spoken shapes how it is treated.
Witness, Review, and Renewal
Regular review helps detect fragmentation early.
Through:
- feast and witness
- Elder guidance
- inter-house discussion
- correction*