Official Announcement of U.S. Support for the UNDRIP

Here it is.

Thanks to Brent Leonhard for sending this our way!

UN Declaration Sets New Agenda for US-Indian Relations

Op Ed by Robert T. Coulter

Today, the United States government at last officially endorsed the UN Declaration on the Rights of Indigenous Peoples and joined the international community in recognizing that American Indians and other indigenous peoples have a permanent right to exist as peoples, nations, cultures, and societies.

The United States is the last of the four countries that voted against the UN Declaration in the UN to reverse its position. This endorsement reflects the worldwide acceptance of indigenous peoples and our governments as a permanent part of the world community and the countries where we live. The Declaration on the Rights of Indigenous Peoples is the most significant development in international human rights law in decades. International human rights law now recognizes the rights of indigenous peoples as peoples, including rights of self-determination, property, and culture.

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Pres. Obama Announces Support for UNDRIP

Big news!

Here.

Kirsten Carlson Article on U.S. Reconsideration of UNDRIP

Here is that article, intended to be an additional supplement to the FBA Indian Law Section Newsletter for Fall 2010.

US Reviewing Its Policy on UNDeclaration on the Rights of Indigenous Peoples

Student Note on the UN Declaration of Rights of Indigenous Peoples

David Fautsch has published “An Analysis of Article 28 of the United Nations Declaration on the Rights of Indigenous Peoples, and Proposals for Reform” in the Michigan Journal of International Law.

Lorie Graham on International Trade and the UN Declaration

Lorie Graham has posted “Trade Trumps Basic Human Rights?: Why the United States Should Endorse the UN Declaration on the Rights of Indigenous Peoples” on SSRN.

Here is the abstract:

The recent uprising in the Peruvian Amazon highlights why the time is right for the United States to endorse the UN Declaration on the Rights of Indigenous Peoples. One might wonder how the endorsement of this Declaration by the United States could affect a crisis thousands of miles away in the Peruvian Amazon.

The latest crisis results from investment concessions made by Peru to various extractive industries without any consultation or consent from the Indigenous Peoples of the area. The Chair of the United Nations Permanent Forum on Indigenous Issues recently issued two emergency statements expressing her “deep concern” on “the reports of atrocities committed… against indigenous peoples in the Amazon region.” The Chair noted in particular the Peruvian Government’s obligations under international human rights law to consult and respect indigenous peoples’ rights to their lands and resources. As reported by the New York Times on June 12th, Peruvian officials attributed their recent concessions without consultation as a necessary step to bringing “Peru’s rules for investment… into line with the [U.S.-Peru] trade agreement.”

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Mankiller: Obama’s opportunity: Add America’s name to declaration

From Indian Country Today

Originally printed at http://www.indiancountrytoday.com/opinion/41586817.html

President Obama has an opportunity to send the world a message about American justice.

All the countries of the Americas must now exert the political will to finalize and adopt the American Declaration.

He can add America’s name to the Declaration on the Rights of Indigenous Peoples before the Organization of American States. This is a historic effort by all countries in the Americas to recognize and declare that human rights belong to indigenous peoples, both as individuals and as communities, nations, or tribes. Negotiations over the draft American Declaration in the Organization of American States have reached a critical point. All the countries of the Americas must now exert the political will to finalize and adopt the American Declaration. Last year, the United States refused to actively negotiate. This must change, and each of us can help make that happen.

The adoption of a strong American Declaration would be a tremendous step toward ending the appalling treaty and human rights violations that are so often inflicted on our Indian and Alaska Native tribes and communities. The declaration states the commitment by these countries to the rights of Indian peoples – our right to exist as distinct cultures, our right to govern our own affairs, our right to own and use our lands, and our right to be free from discrimination.

We live in an era of self-determination, yet Congress still claims the power to do what it wants – confiscate our native lands in violation of the Constitution, strip our jurisdiction, exploit our natural resources and refuse to honor its treaty obligations. Many of our nations and communities face a daunting set of social and economic challenges, as well as violation of treaty and human rights on a daily basis. Our northern tribes and Native Alaska villages see their very existence threatened as climate change undermines their subsistence lifestyles.

Indian and Alaska Native nations have always had to fight to make sure the United States government respects and protects our rights as tribal governments and as Indian peoples. This declaration is an important step in protecting those rights. The United States did not vote for the United Nations Declaration on the Rights of Indigenous Peoples even though it publicly agreed with most of its provisions. We have a new opportunity to make sure the United States commits to protecting our rights by joining in adopting of a strong American Declaration.

United States leadership is key to gaining the respect for treaty and human rights that is lacking in the Americas. Strong leadership from the United States would signal a change in its foreign policy on human rights, reinvigorate the OAS negotiations, and lead to the adoption of a strong American Declaration. The new administration provides an excellent opportunity for us to encourage such leadership from the U.S.

As Indian nations and as communities and individuals, this is the time to vigorously encourage the United States to support a strong American Declaration that respects and declares our rights. And while we are at it, let’s also see to it that the U.S. declares its support for the UN Declaration on the Rights of Indigenous Peoples.

Wilma Mankiller is the former principal chief of the Cherokee Nation.

Indian Law Resource Center/NCAI to Host Lunch on Human Rights Violations Against South American Indians

More than 1,244 indigenous people have been assassinated in Colombia in the past five years.  This persecution is not unique to Colombia.  It is part of an alarming trend of human rights violations against indigenous peoples in South America.  Indigenous rights to life, land, equality, natural resources, self-determination, and religious freedom are under attack.  A strong American Declaration on the Rights of Indigenous Peoples will help prevent human rights violations in the Americas.

The Indian Law Resource Center and NCAI will host a brown bag lunch highlighting these human rights abuses:

March 19, 2009, 1:00-2:30pm

NCAI Conference Room

1301 Connecticut Ave., NW

Washington, D.C. 20036

For more information, see the Center’s website, http://www.indianlaw.org/node/391.

New Book: James Youngblood Henderson’s “Indigenous Diplomacy and the Rights of Peoples”

James (Sa’kei’j) Youngblood Henderson has published “Indigenous Diplomacy and the Rights of Peoples: Achieving UN Recognition” with Purich Publishing Limited (2008). Here’s what it looks like. And here is the blurb:

Despite centuries of sustained attacks against their collective existence, Indigenous peoples represent over 5,000 languages and cultures in more than 70 nations on six continents. Most have retained social, cultural, economic, and political characteristics distinct from other segments of national populations. Yet recognition of their humanity and rights has been a struggle to achieve.

Based on personal experience, James (Sa’ke’j) Youngblood Henderson documents the generation-long struggle that led ultimately to the adoption of the Declaration of the Rights of Indigenous Peoples by the United Nations General Assembly. Henderson puts the Declaration and the struggles of Indigenous peoples in a wider context, outlining the rise of international law and how it was shaped by European ideas, the rise of the United Nations, and post-World War II agreements focusing on human rights.

Henderson analyzes the provisions of the Declaration and comments on the impact of other international agreements on Indigenous peoples. He concludes with his view of what must be done to give the Declaration its full force for Indigenous peoples around the world, and what it means for Canada. The full text of the Declaration and selected excerpts of other key international agreements are included.

Podcast on UN Declaration Panel at AALS

Here is the podcast for the Indian Nations and Indigenous Peoples panel on the UN declaration at AALS.

Speakers included:

Coulter Robert T. – Speaker

Angelique Eaglewoman – Speaker

G.W. Rice – Speaker

Wenona Singel – Moderator