The United States is now the only country opposing the UN Declaration on the Rights of Indigenous Peoples

 

On November 12, Canada endorsed the UN Declaration on the Rights of Indigenous Peoples, leaving the United States as the only country to oppose the human rights instrument. The Obama Administration has begun an extensive review of the UN Declaration, and although the Administration has not yet said whether adoption of the Declaration is imminent, we remain hopeful for an unqualified endorsement of the UN Declaration within the next few months.

The Declaration will do many things to help Indian nations, according to Darwin Hill, Chief of the Tonawanda Seneca Nation. "One important element is the full recognition of Indian nations as legitimate governments.  Right now it is as if we are on a second class status," said Hill.  "The Declaration may also help to right the wrongs that have been done over the last century of the loss of our lands."

The State Department conducted two consultations October 14-15, 2010  with tribal leaders and non-governmental organizations in Washington, D.C.  The Indian Law Resource Center played an important role in these consultations.  We held meetings before each consultation to explain the process and strategize with Native leaders and organizations.  Additionally, with financial assistance provided by Connect U.S., the Center provided travel stipends for several of the tribal leaders who attended the consultations. 

At the tribal consultation, leaders and representatives from approximately 20 Native nations attended.  The leaders who spoke strongly recommended that the United States adopt the UN Declaration and start taking steps to address the areas in United States law and policy that fail to meet the UN Declaration’s standards.  Tribal leaders identified land rights, including rights to sacred sites, as an area of major concern.  Edward Alexander, Second Chief of the Gwichyaa Gwich'in Tribe, explained how the principles in the UN Declaration could help improve the situation Alaska Natives face in their relationship with the state government. He expressed his community's concern about the failure of the State of Alaska to recognize the existence of indigenous nations in the state and about the Alaskan Native Claims Settlement Act, which transferred the ownership of their lands to for-profit corporations. Monty Bengochia, Vice Chairman of the Bishop Paiute Tribe, urged the government to change its position.  He and others commented on the need for respect for the land and water rights belonging to Native communities, including more extensive authority over sacred sites.  Adoption of the UN Declaration is an important step for the United States to resume its position as a leader in the area of human rights, explained Leonard Masten, Chairman of the Hoopa Valley Tribe.

Similarly, at the consultation for non-governmental organizations, all of the organizations urged the administration to adopt the UN Declaration.  Most of the non-governmental organizations expressed concern that the failure of the United States to adopt the UN Declaration has stalled efforts to implement its principles within the policies of the multilateral and regional development banks.  With the World Bank and other banks preparing to implement REDD + programs, which could potentially affect the land rights of thousands of indigenous groups in the developing world, it is critically important to have United States support for the UN Declaration.

At the consultations, the State Department requested feedback on five questions. Click here to see the questions and the Center's response.

The administration indicated that it would like feedback on these issues by October 31st, but that it would accept letters received later.  Even though the October 31st deadline has passed, it is important to continue to press for action.  If you or your organization has not already sent a letter to the Obama Administration requesting adoption of the UN Declaration, now is the time to act.