UN Declaration on the Rights of Indigenous Peoples Review
WELCOME to the Department of State’s website for the U.S. review of its position on the UN Declaration on the Rights of Indigenous Peoples. The Administration recognizes that for many around the world, the UN Declaration on the Rights of Indigenous Peoples provides a framework for addressing indigenous issues. Tribal leaders and nongovernmental organizations (NGOs) have recommended that the United States reexamine its position on the Declaration. In response, the Department of State and other Federal agencies will be conducting a review of the Declaration’s provisions.
Consultations with Federally Recognized Indian Tribes and Outreach to Interested NGOs
The U.S. Government looks forward to hearing from all interested parties as it undertakes its review of the Declaration. The U.S. Department of State, together with other Federal agencies, will be holding consultations with federally recognized Indian tribes and meetings with interested nongovernmental organizations and other stakeholders on the review of the Declaration. Exact dates and locations will be announced on this website. Anyone unable to participate in these consultations or meetings in person can send comments by email to declaration@state.gov or by mail to S/SR Global Intergovernmental Affairs, U.S. Department of State, 2201 C Street NW., Suite 1317, Washington, DC 20520. Please send written comments by July 15, 2010 to ensure that they can be given due consideration in the review.
The Department of State will update this site with announcements about the review of the UN Declaration.
Replies
The U.S. Department of State will be conducting a review of
its position on the UN Declaration on the Rights of Indigenous
Peoples. The U.S. Department of State, together with other Federal
agencies, will be holding consultations with federally recognized
Indian tribes and meetings with interested nongovernmental
organizations and other stakeholders on the review of the
Declaration.
June 21 - Initial Tribal Consultation (Rapid City, South Dakota)
July 7 - Second Tribal Consultation (Washington, D.C.)
July 8 - Meeting with Nongovernmental Organizations (Washington,
D.C.) Late September - October (date TBD) - Second Meeting With
Nongovernmental Organizations Late September - October (date TBD)
- Final Tribal Consultation (Washington, D.C.)
*Dates are subject to change
If you are unable to participate in these consultations or meetings
in person, we strongly urge that you send comments by e-mail to
declaration@state.gov or by mail to S/SR Global Intergovernmental
Affairs, U.S. Department of State, 2201 C Street NW, Suite 1317,
Washington, DC 20520. Please send written comments by July 15, 2010
to ensure that they can be given due consideration in the review.
* US Social Forum *
This week, the US Social Forum will be held in Detroit,
Michigan. Many Indigenous workshops and cultural events have
been scheduled. In addition, workshop topics include political
prisoners, prison reform, COINTELPRO, etc. Check out the program at
. Of particular interest is a workshop
that highlights the Peltier case. See
for details.
*'``'*:-.,_,.-:*'``'*:-.,_,.-:*'``'*:-.,_,.-:*'``'*
"Never cease in the fight for peace, justice, and equality for all
people. Be persistent in all that you do and don't allow anyone to
sway you from your conscience."--Leonard Peltier
*'``'*:-.,_,.-:*'``'*:-.,_,.-:*'``'*:-.,_,.-:*'``'*
Time to set him free... Because it is the RIGHT thing to do.
Friends of Peltier
http://www.FreePeltierNow.org
If you go to this site and click on the U.S. President's memorandum, it is interesting that he only mentions tribes--Kanaka Maoli are not a tribe, so are we (in the U.S. President's eyes) not indigenous? Not eligible to comment? Hmmm.
Web site for public comment on UN Declaration
By Gale Courey Toensing
Story Published: Jun 11, 2010
(Story Updated: Jun 15, 2010 )
WASHINGTON – Following up on the administration’s promise to review its position on the United Nations Declaration on the Rights of Indigenous Peoples, the State Department has created a new Web site to receive public input on the issue.
State Department’s Office of the Spokesman issued a press release June 4 announcing the new Web site outreach. The press release referred to an announcement by U.S. Permanent Representative Susan E. Rice of the federal government’s intention to review its position on the Declaration during the U.N. Permanent Forum on Indigenous Issues in New York in April.
UNDRIP was adopted by the U.N. General Assembly Sept. 13, 2007, in a historic vote by an overwhelming majority of 143 states in favor to four against, with 11 abstentions. Canada, the U.S., Australia and New Zealand – all countries whose sizeable indigenous populations can claim large areas of land – were the only four states that voted no.
Since then, the Canadian Parliament – not the federal government – passed a resolution in April 2008, endorsing the Declaration, the Australian government adopted the Declaration in April 2009, and New Zealand announced its support for the indigenous human rights document on April 19 – the opening day of the Ninth Session of the U.N. Permanent Forum on Indigenous Issues.
Rice, accompanied by a 20-member U.S. delegation, attended the forum the day after New Zealand’s announcement and promised the review in a speech.
“I am pleased to announce that the United States has decided to review our position regarding the U.N. Declaration on the Rights of Indigenous Peoples,” Rice said.
“We recognize that, for many around the world, this Declaration provides a framework for addressing indigenous issues. During President Obama’s first year in office, tribal leaders encouraged the United States to re-examine its position on the Declaration – an important recommendation that directly complements our commitment to work together with the international community on the many challenges that indigenous peoples face.”
The State Department press release says that as part of the U.S. government’s review, the department, along with other federal agencies, “will be hosting consultations with federally recognized tribes and dialogues with interested NGOs and other stakeholders” as part of the government’s re-examination of the Declaration.
It is not clear if the State Department has completed a formal tribal consultation plan, as required by President Obama’s memorandum to department and agency heads during the first White House Tribal Leaders Summit last November. According to the memorandum, departments and agencies were to complete the formal consultation plans within 90 days.
The State Department will post consultation and meeting schedules online at www.state.gov/s/tribalconsultation/declaration/index.htm.
Tribal leaders, non-governmental organizations and others who may not be able to attend consultation meetings are encouraged to participate in the review by e-mailing comments to Declaration@state.gov, or by submitting comments via mail to the Department of State at: S/SR Global Intergovernmental Affairs, U.S. Department of State, 2201 C Street N.W., Suite 1317, Washington, D.C. 20520.
“Written comments are requested by July 15, 2010 to ensure that they can be given due consideration in the review,” the department said.
United States re-examines opposition to UN Declaration
By Valerie Taliman, Today correspondent
Story Published: Apr 23, 2010
(Story Updated: Apr 23, 2010 )
NEW YORK – Political tides are turning as international support for the United Nations Declaration on the Rights of Indigenous Peoples continues to grow, putting greater pressure on Canada and the United States to fully endorse it.
One day after New Zealand reversed its position and supported the Declaration, U.N. Ambassador Susan Rice announced that the United States is undertaking a review of its opposition.
“I am pleased to announce that the United States has decided to review our position regarding the U.N. Declaration on the Rights of Indigenous Peoples,” she said, addressing the Ninth Session of the United Nations Permanent Forum on Indigenous Issues.
“During President Obama’s first year in office, tribal leaders encouraged the United States to re-examine its position on the Declaration – an important recommendation that directly complements our commitment to work together with the international community on the many challenges that indigenous peoples face. We will be conducting a formal review of the Declaration and the U.S. position on it.
“There is no American history without Native American history. There can be no just and decent future for our nation that does not directly tackle the legacy of bitter discrimination and sorrow that the first Americans still live with. And America cannot be fully whole until its first inhabitants enjoy all the blessings of liberty, prosperity, and dignity. Let there be no doubt of our commitment. We stand ready to be judged by the results.”
Many Native leaders view this as a positive sign that the United States is moving toward endorsing the Declaration. Critics say there is no need to delay it with additional reviews since the United States was part of negotiations for more than 25 years.
Tonya Gonnella Frichner, an Onondaga attorney and member of the Permanent Forum representing North America, said during his campaign President Barack Obama clearly stated to tribal leaders that he was committed to the adoption of the Declaration.
“We still feel very positive about it and hope that he will commit to that promise,” she told the forum, attended by nearly 2,000 registered delegates.
Others were disappointed that the United States – a country that postures itself as a champion of democracy and human rights worldwide – did not support it outright.
“We’ve already been there. It seems extraordinary to review it again since it has already been debated and adopted by the international community,” said Debra Harry, Indigenous People’s Council on Biocolonialism executive director. “We’d like to see the United States adopt it now, and then let’s talk about how to implement it domestically.”
A less formal meeting was scheduled on the third day of the forum to discuss elements of the review, and to allow time for Native delegates to dialog with members of the U.S. delegation led by Kimberly Teehee, the White House senior policy advisor for Native American Affairs; and Ambassador Rick Barton, U.S. representative to the Economic and Social Council.
Teehee said anytime new laws or policies are introduced, it triggers a process for review across federal agencies to evaluate how it will impact United States laws, policies and regulations. This must be done to properly plan for implementation, she said.
“We are a new administration and we care about what you think. Our approach has been to continue the president’s engagement and commitment to Indian country.
“In the spirit of consultation and partnership, we will engage tribal leaders, stakeholders and NGOs (non-governmental organizations.) We need to be thoughtful about that process. I assure you that your voices will be heard.”
When asked about the timeframe for the review, Teehee said the process was just beginning and she could not yet define how long it would take.
Cayuga Chief Karl Hill of the Haudenosaunee reminded the U.S. delegation that the Iroquois Confederacy negotiated the first treaties with the United States dating back to 1704.
“We have worked on this since its beginning more than 30 years ago, and we urge you to be expeditious in your review,” said Hill, who delivered a statement from the Global Indigenous Peoples Caucus containing eight major recommendations for implementing the Declaration.
The Declaration has strong provisions for supporting treaty rights and affirms indigenous peoples’ collective rights to self-determination and control over their lands and natural resources. These rights will likely conflict with development plans by extractive industries and multinational corporations, but will provide greater protections for indigenous peoples.
U.N. Secretary-General Ban Ki-moon encouraged nation states to move forward with adopting the Declaration, and cited alarming statistics from the first-ever United Nations report on the State of the World’s Indigenous Peoples released in January.
“Indigenous peoples suffer high levels of poverty, health problems, crime and human rights abuses all over the world. You make up five percent of the world’s population – but one third of the world’s poorest,” he said. “Every day, indigenous communities face issues of violence, brutality and dispossession. In some countries, an indigenous child can expect to die 20 years earlier than his non-Native
compatriots.
“Indigenous cultures, languages and ways of life are under constant threat from climate change, armed conflict, lack of educational opportunities and discrimination.
“Elsewhere, your cultures are being distorted, commodified and used to generate profits which do not benefit indigenous people, and can even lead to harm. This is not only a tragedy for indigenous people. It is a tragedy for the whole world.”
Ban said that according to current forecasts, 90 percent of all languages could disappear within 100 years. The loss of these languages erodes an essential component of a group’s identity.
“Diversity is strength – in cultures and in languages, just as it is in ecosystems.
“The loss of irreplaceable cultural practices makes us all poorer, wherever our roots may lie. That’s why the theme this year is ‘Development with Culture and Identity.’ It highlights the need to craft policy measures that promote development while respecting indigenous peoples’ values and traditions.
“We need development that is underpinned by the values of reciprocity, solidarity and collectivity. And we need development that allows indigenous peoples to exercise their right to self-determination through participation in decision-making on an
equal basis.
“The United Nations will continue to support you.”
Published on May 26, 2010 - 8:03:15 AM
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By: Dan Bacher
May 26, 2010 - Governor Arnold Schwarzenegger's Marine Life Protection Act (MLPA) Initiative has brazenly violated the American Indian Religious Freedom Act (AIRFA) and the UN Declaration on the Rights of Indigenous Peoples, passed by the UN General Assembly in September 2007.
Passed by both houses of Congress, AIRFA became law on August 11, 1978, spurred by the American Indian Movement's Longest Walk from San Francisco to Washington, D.C. that year. The act recognized the "inherent right" of American citizens to religious freedom; admitted that in the past the U.S. government had not protected the religious freedom of American Indians; proclaimed the "indispensable and irreplaceable" role of religion "as an integral part of Indian life"; and called upon governmental agencies to "protect and preserve" for American Indians their inherent right to practice their traditional religions.
AIRFA states, "it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites."
The MLPA process has violated this historic law by banning the Kashia Pomo Tribe from practicing their religion by gathering seaweed and shellfish and conducting ceremonies at their sacred site, Danaka, in northern Sonoma County. In the Kashia Pomo's creation story, Danaka (Stewarts Point) is the place where the tribe first walked on land.
The sacred site is located in a so-called "marine protected area" that was part of a package of reserves that the California Fish and Game Commission voted 3 to 2 for on August 5, 2009, in spite of vocal opposition by the tribe, fishermen and environmental justice advocates.
"They're interfering with our religion, the food that we lived off before the white man came," said tribal elder Violet Chappell during a blessing ceremony off Danaka on April 30, the day before the May 1 closure, hosted by landowner Arch Richardson.
The gathering on a bluff overlooking the ocean drew 145 people, including members of the Kashia Pomo and other California Indian Tribes, recreational anglers, seaweed harvesters and environmental justice advocates to thank and bless the ocean for the food it has provided to native peoples for thousands of years.
"We used this food every day – we call it health food," Chappell stated. "The food was created by our creator - we treated it with care and respect. We are here to say respect us for our food - don't close this area down because it's part of our religion."
"I don't think the Fish and Game Commission would be allowed to close down a Catholic Church, would they?" she asked.
Article 32, Section 2, of the UN Declaration on the Rights of Indigenous People mandates "free prior and informed consent" in consultation with the indigenous population affected by a state action (http://www.iwgia.org/sw248.asp).
It also says, "States shall provide effective mechanisms for provention of, and redress for: Any action which has the aim or effect of dispossessing them of their lands, territories or resources."
Ken Wiseman, MLPA Initiative executive director, and the California Fish and Game Commission violated the UN declaration by never consulting with Kashia Pomo and other tribal leaders over the closure of a sacred site. They also provided no mechanism for redress of this grievance.
The National Congress of American Indians (NCAI) in October 2009 passed a strongly worded resolution blasting the Marine Life Protection Act (MLPA) process for failing to recognize the tribal subsistence, ceremonial and cultural rights of California Indian Tribes.
"The NCAI does hereby support the demand of the tribes of Northern California that the State of California enter into government to government consultations with these tribes; and that the State of California ensure the protection of tribal subsistence, ceremonial and cultural rights in the implementation of the state of Marine Life Protection Act," the resolution stated.
The MLPA, a law passed by the Legislature and signed by Governor Gray Davis in 1999, has been hijacked by oil industry, real estate, marine development and other corporate interests under the Schwarzenegger administration. MLPA officials have completely taken water pollution, oil drilling, habitat destruction and other human uses of the ocean other than fishing in this bizarre parody of marine "protection."
Wiseman and his collaborators constantly claim that the MLPA process, funded privately by the Resources Legacy Fund Foundation, is "open and transparent," but the only thing "open" about the initiative is how it has openly violated the American Indian Religious Freedom Act and the UN Declaration on the Rights of Indigenous People. Not only has it broken these federal and international laws, but until recently MLPA officials openly defied the state of California's Bagley-Keene Open Meetings Act and the First Amendment of the U.S.Constitution by barring reporters from covering "work sessions" of the process with video and audio recording equipment.
It was only after an outpouring of outrage by civil liberties advocates and journalists over the arrest of David Gurney, independent journalist, as he filmed an MLPA "work session" that Wiseman decided to finally obey the law.
For more information about the violation of indigenous subsistence, cultural and religious rights under the MLPA, go to: http://www.fishsniffer.com/forums/content.php?r=221 and Violet Wilder's facebook page, "KEEP THE NORTHERN CALIFORNIA BEACHES ACCESSIBLE FOR THE COASTAL TRIBES" (http://www.facebook.com/group.php?gid=105945012781743).
by Dan Bacher
Tuesday May 25th, 2010 4:33 PM
“I don’t think the Fish and Game Commission would be allowed to close down a Catholic Church, would they?” said Violet Chappell, Kashia Pomo Tribe Elder.
MLPA Initiative Violates American Indian Religious Freedom Act, UN Declaration
by Dan Bacher
Governor Arnold Schwarzenegger's Marine Life Protection Act (MLPA) Initiative has brazenly violated the American Indian Religious Freedom Act (AIRFA) and the UN Declaration on the Rights of Indigenous Peoples, passed by the UN General Assembly in September 2007.
Passed by both houses of Congress, AIRFA became law on August 11, 1978, spurred by the American Indian Movement's Longest Walk from San Francisco to Washington, D.C. that year. The act recognized the "inherent right" of American citizens to religious freedom; admitted that in the past the U.S. government had not protected the religious freedom of American Indians; proclaimed the "indispensable and irreplaceable" role of religion "as an integral part of Indian life"; and called upon governmental agencies to "protect and preserve" for American Indians their inherent right to practice their traditional religions.
AIRFA states, “it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.”
The MLPA process has violated this historic law by banning the Kashia Pomo Tribe from practicing their religion by gathering seaweed and shellfish and conducting ceremonies at their sacred site, Danaka, in northern Sonoma County. In the Kashia Pomo's creation story, Danaka (Stewarts Point) is the place where the tribe first walked on land.
The sacred site is located in a so-called "marine protected area" that was part of a package of reserves that the California Fish and Game Commission voted 3 to 2 for on August 5, 2009, in spite of vocal opposition by the tribe, fishermen and environmental justice advocates.
“They’re interfering with our religion, the food that we lived off before the white man came,” said tribal elder Violet Chappell during a blessing ceremony off Danaka on April 30, the day before the May 1 closure, hosted by landowner Arch Richardson.
The gathering on a bluff overlooking the ocean drew 145 people, including members of the Kashia Pomo and other California Indian Tribes, recreational anglers, seaweed harvesters and environmental justice advocates to thank and bless the ocean for the food it has provided to native peoples for thousands of years.
“We used this food every day – we call it health food,” Chappell stated. “The food was created by our creator - we treated it with care and respect. We are here to say respect us for our food - don’t close this area down because it's part of our religion.”
“I don’t think the Fish and Game Commission would be allowed to close down a Catholic Church, would they?” she asked.
Article 32, Section 2, of the UN Declaration on the Rights of Indigenous People mandates "free prior and informed consent" in consultation with the indigenous population affected by a state action (http://www.iwgia.org/sw248.asp).
It also says, "States shall provide effective mechanisms for provention of, and redress for: Any action which has the aim or effect of dispossessing them of their lands, territories or resources."
Ken Wiseman, MLPA Initiative executive director, and the California Fish and Game Commission violated the UN declaration by never consulting with Kashia Pomo and other tribal leaders over the closure of a sacred site. They also provided no mechanism for redress of this grievance.
The National Congress of American Indians (NCAI) in October 2009 passed a strongly worded resolution blasting the Marine Life Protection Act (MLPA) process for failing to recognize the tribal subsistence, ceremonial and cultural rights of California Indian Tribes.
“The NCAI does hereby support the demand of the tribes of Northern California that the State of California enter into government to government consultations with these tribes; and that the State of California ensure the protection of tribal subsistence, ceremonial and cultural rights in the implementation of the state of Marine Life Protection Act,” the resolution stated.
The MLPA, a law passed by the Legislature and signed by Governor Gray Davis in 1999, has been hijacked by oil industry, real estate, marine development and other corporate interests under the Schwarzenegger administration. MLPA officials have completely taken water pollution, oil drilling, habitat destruction and other human uses of the ocean other than fishing in this bizarre parody of marine "protection."
Wiseman and his collaborators constantly claim that the MLPA process is "open and transparent" but the only thing "open" about the initiative is how it has openly violated the American Indian Religious Freedom Act and the UN Declaration on the Rights of Indigenous People. Not only has it broken these federal and international laws, but until recently MLPA officials openly defied the state of California's Bagley-Keene Open Meetings Act and the First Amendment of the U.S.Constitution by barring reporters from covering "work sessions" of the process with video and audio recording equipment.
It was only after an outpouring of outrage by civil liberties advocates and journalists over the arrest of David Gurney, independent journalist, as he filmed an MLPA "work session" that Wiseman decided to finally obey the law.
For more information about the violation of indigenous subsistence, cultural and religious rights under the MLPA, go to: http://www.fishsniffer.com/forums/content.php?r=221 and Violet Wilder's facebook page, "KEEP THE NORTHERN CALIFORNIA BEACHES ACCESSIBLE FOR THE COASTAL TRIBES" (http://www.facebook.com/group.php?gid=105945012781743).
Rethinking is important in the social changes, the seeking consenses are for the Kamehameha campus in Makaha and that's the future. The present however, it's just another action taken for closing the divide. I once said that in shanty towns in Mexico, with machine guns, everyhouse has a dish, every corner has an internet business. And Waianae, only Star Bucks has internet connection. Library and district park limited.
Replacing Kawika has it's bigger corporate plans to control the behavior of all of Waianae. It's to import outsiders in the few open jobs a continued trend in Waianae.
Importing Psychology and carving out our Na Kupuna and their culture renders unethical use of tec which in my view is one of it's intention.
The second intent, is to use Waianae as a dump site for old computers, in place of new ones. Getting the community to except the tec. trash of offices, university, research institutes, DOE, State agencies. So, I have no recommended solution in the economic sustainable 'thinking' because Mr. Elm (sp) (Hawaiian Electric Head Boss) blocks all assertions made by citizens of Waianae. Sorry guys, in my wet bathing suit. I can't really think and write at this time.
Will return to site. Kaohi
Date: Tuesday 6/15/2010
From: KS Alumni
Subject: High School Transformation on the Waianae Coast
"Something special is happening on the Waianae Coast that promises to revolutionize student learning. Two high schools in our state, Nanakuli High and Intermediate and Waianae High schools, are working to dramatically change education by fundamentally rethinking teaching and learning, empowering students to become the creators, leaders and producers of tomorrow.
Please open the attachment to learn more about the New Technology Network on the Waianae Coast and how you can help!
Mahalo!"
----------------------------------------
Attachment is below
----------------------------------------
NTN Mailer to Alumni (sm).pdf
Tane
Kako'o! I agree. I reposted so that Kaohi can see it in case she hasn't seen the propaganda... I mean flyer... they are sending out. I know her son is probably on their email list too and I have similar thoughts. Why invest in a computer when a child's mind is a biocomputer and should be used instead. I could go on Tane but I won't. I just wanted Kaohi to see it for herself in case she hasn't seen what they are sending out to KS Alumni. This email was sent to us yesterday asking us to donate in order to buy computers in order to train young people to go to college. Not everyone should go to college. Who will feed us? We need fishermen and farmers too. College degrees especially tech based ones do not necessarily feed people... but I posted this mainly for Kaohi LOL She can see the tag line, marketing, and names too.
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