BILL NUMBER: AJR 42	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams
   (Principal coauthor: Assembly Member Alejo)
   (Coauthor: Senator Monning)

                        MARCH 24, 2014

   Relative to indigenous peoples.


	LEGISLATIVE COUNSEL'S DIGEST


   AJR 42, as introduced, Williams. Indigenous peoples: declaration
of rights.
   This measure would express the Legislature's endorsement of, and
commitment to, the principles of the United Nations Declaration on
the Rights of Indigenous Peoples.
   Fiscal committee: no.



   WHEREAS, The United Nations General Assembly adopted the United
Nations Declaration on the Rights of Indigenous Peoples on September
13, 2007, establishing a new systemic standard of recognition,
respect, and protection for the rights of indigenous peoples of the
world; and
   WHEREAS, The United Nations Declaration on the Rights of
Indigenous Peoples was approved by the National Latino Congreso on
January 31, 2010, in El Paso, Texas, and has been endorsed by
hundreds of Native American, Latino, and progressive community
organizations across this country; and
   WHEREAS, On November 5, 2009, at a historic summit in Washington,
D.C., hosted by President Barack Obama, Chairman Joe Kennedy from the
Timbisha Shoshone Tribe of the Western Shoshone Nation delivered a
message on behalf of the indigenous peoples and nations of North
America calling for immediate action by the President of the United
States to support the United Nations Declaration on the Rights of
Indigenous Peoples; and
   WHEREAS, In December 2010, the United States announced support for
the United Nations Declaration on the Rights of Indigenous Peoples.
In announcing this support, President Obama stated: "The aspirations
it affirms, including the respect for the institutions and rich
cultures of Native peoples, are one we must always seek to fulfill...
  What matters far more than any resolution or declaration, are
actions to match those words." The United Nations Declaration on the
Rights of Indigenous Peoples addresses indigenous peoples' rights to
maintain culture and traditions (Article 11); to maintain religious
traditions, customs, and ceremonies (Article 12); to participate in
decision making in matters that would affect their rights (Article
18); and to maintain spiritual connections to traditionally owned
lands (Article 25); and
   WHEREAS, As of June 2013, the federal Advisory Council on Historic
Preservation (ACHP) approved the United Nations Declaration on the
Rights of Indigenous Peoples. ACHP will now incorporate the United
Nations Declaration on the Rights of Indigenous Peoples in the review
process of Section 106 of the National Historic Preservation Act;
and
   WHEREAS, The "Doctrine of Discovery," emanating from the European
invasion and subsequent colonization after 1492 of the continents
later to be known as the Americas, has served as an instrument of
dehumanization and genocide of the indigenous peoples and nations of
the Americas; and
   WHEREAS, The "Report of the Special Rapporteur of the rights of
indigenous peoples, James Anaya, Addendum," in recommending that the
states of the United States develop state policies to promote the
goals of the United Nations Declaration on the Rights of Indigenous
Peoples, states the following:
   "Although competency over indigenous affairs rests at the federal
level, states of the United States exercise authority that in various
ways affects the rights of indigenous peoples. Relevant state
authorities should become aware of the rights of indigenous peoples
affirmed in the Declaration on the Rights of Indigenous Peoples, and
develop state policies to promote the goals of the Declaration and to
ensure that the decisions of state authorities are consistent with
it"; and
   WHEREAS, This resolution is not intended to create, and does not
create, any rights or benefits, whether substantive or procedural, or
enforceable at law or in equity, against the State of California or
its agencies, departments, entities, officers, employees, or any
other person; and
   Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of California expresses its
endorsement of, and commitment to, the principles of the United
Nations Declaration on the Rights of Indigenous Peoples adopted by
the United Nations General Assembly; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President, Vice President, and Attorney
General of the United States, the Speaker of the House of
Representatives, the Majority Leader of the Senate, to each Senator
and Representative from California in the Congress of the United
States, the Legal Adviser to the United States Department of State,
the United Nations High Commissioner for Human Rights, the Chair of
the Human Rights Committee of the United Nations, and the United
Nations Special Rapporteur on the rights of indigenous peoples.