This morning we got some news that may still be developing, but it appears that President Barack Obama has indicated that the United States will endorse the United Nations Declaration on the Rights of Indigenous Peoples.
The news came to us from the Indian Law Resource Center. Their press release is below, and more news is available online.
In recent months, the U.N. Declaration has been discussed at least twice here in Arizona, at two events I attended at the ASU Sandra Day O’Connor College of Law. The programs were hosted by the school’s Indian Legal Program, and they featured Robert Yazzie and Walter Echo-Hawk. You can read about them here and here.
An unaffiliated blog post this morning also talks about the President’s promised endorsement. The post is cautious in assessing what the endorsement will mean. President Obama made the announcement during the White House Tribal Leaders Conference.
The blog indicated the following:
- President Obama’s speech was live on the web. Native leaders are now in break out sessions. Sessions are live on the web.
- The White House says the next live web session is at 1:45 pm.
Here is the press release from the Indian Law Resource Center:
FOR IMMEDIATE RELEASE
December 15, 2010
Op-Ed: Declaration sets new agenda for US-Indian relations
Robert T. Coulter
Executive Director, Indian Law Resource Center
www.indianlaw.org
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 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.
For me, the United States’ endorsement of the UN Declaration marks the culmination of over three decades of hard work by indigenous peoples and other members of the international human rights community. In 1976, when the Six Nations and I began the work of drafting and proposing a declaration to be adopted by the United Nations, we did not know that our idea would one day be universally accepted and supported first by indigenous peoples and eventually by the countries of the world. We knew of the terrible inadequacy of legal regimes and the gross violations of indigenous peoples’ human rights in most countries. We turned to international law primarily because of the need to overcome and improve national laws and practices and because of the desire to regain a place for indigenous peoples in the international community.
Our work to ensure justice for Indian nations in this country begins in earnest with the United States’ endorsement of the UN Declaration. To see the promise of the Declaration become a reality, we must continue to fight for laws, policies and relationships that take into account the permanent presence of Indian nations in this country, and throughout the world.
The Declaration sets an agenda for the United States and Indian nations to design a reasonable approach to a progressive realization of the duties and responsibilities in it. It serves as a guide for consultations among Indian and Alaska Native nations and U.S. governmental departments and agencies to improve the government-to-government relationship among Indian and Alaska Native nations and the United States.
In our work for Indian rights, we can and should use the UN Declaration on the Rights of Indigenous Peoples as a powerful affirmation of our rights. Only through continued use will its provisions become our reality. We can use the Declaration to evaluate laws that are now on the books and for laws that may be proposed. Does the law measure up to the standards of the Declaration? Does the law or bill satisfy the requirements of the Declaration? It should. And if it does not, then it should be changed or discarded.
The Declaration can also be used as a guide for procedures and processes in dealing with indigenous peoples. Some of the most important rights in the Declaration are the right to participate in the decision-making process and the right to be consulted on important matters relating to indigenous peoples. The rights proclaimed in the Declaration can also be used to defend against proposals and actions that violate Indian rights. The Declaration can be used in this way by all people: Indian leaders, public officials, educators, and others.
The Declaration can also be used to support and advocate for positive legislation and positive government action relating to Indian peoples. In particular, the Declaration can be used as a basis for making demands that the federal government fulfill its responsibilities to tribes and carry out its obligations to promote and respect the human rights of Indian nations and tribes. Congress needs to hold hearings to examine the United States’ human rights obligations to Indians and to assess whether existing laws and policies adequately respect the rights established in international law.
Continuing to work in this way to ensure justice for Indian peoples is the best way to celebrate and honor the United States’ endorsement of the UN Declaration on the Rights of Indigenous Peoples. This is a very important first step in the process. We thank all of the advocates, leaders and government officials who have made this vision of freedom and equality a reality.
December 22, 2010 at 11:08 am
Furthermore, I firmly believe in the words of Justice Hugo Black that ”[g]reat nations, like great men, should keep their word.” So under my presidency, we will live up to the federal government’s solemn commitments enshrined in treaties with the tribal nations. And I will ensure that we live up to our commitments in ensuring the effective, efficient and honest management of trust income, as this Nation has promised to do, and to equitably redress the errors of the past.
Treaties with Tribal Nations and the SSCRA of 1940 made it illegal to tax members living on tribal lands FOREVER!!!! These laws were meant to include members who joined the military but sadly Veterans were illegally taxed every month from 1940-2001.
It is time for this great nation to keep its word. Mr President give these Veterans back their money.
copy and paste next sentence and read articles.
New Mexico’s Native Vets Tax Settlement Fund – BUT Only in New Mexico | Before It’s News
I am the Potawatomi Vet the second article is written about. Its good that the Native Veteran housing bill passed but it affects only certain disabled veterans!
The Native Veteran Pay restoration act these two articles are about will bring justice to Every American Indian Veteran who ever served in the armed forces. I dont have the exact numbers but surely more than 90% of these Native American Indian Veterans lived on and joined from tribal lands.
New Mexico is the only state to admit this illegal taxation so far. There are thousands of Native American Indian Veterans from nearly every state who were also illegally taxed myself included.
There should be no mention of a statute of limitations because this is not a tax refund. This money was illegally taken from our pay. By law we were not subject to an income tax therefore the money the states stole should not be considered a tax refund nor can there be a statute of limitations imposed. We were not serving in the National guard. We were serving in the United States Armed Forces! The SSCRA of 1940 prohibited states from deducting income taxes from Native American Indians living on tribal lands.
The US Government should hold states accountable for garnishing these federal wages illegally! Every tribe has certain treaty issues with the United States government that are unique to that tribe only. But every tribe has veterans and tribal land and almost all of these veterans were illegally taxed while fighting for this country.