BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2013-2014 Regular Session
AJR 42 (Williams)
As Amended June 2, 2014
Hearing Date: June 24, 2014
Fiscal: No
Urgency: No
RD
SUBJECT
Indigenous peoples: declaration of rights
DESCRIPTION
This measure would express the Legislatures' endorsement of the
principles of the United Nations Declaration on the Rights of
Indigenous Peoples and call for increased awareness,
sensitivity, and respect for issues of sovereignty, sacred and
historic sites and traditions, and other vital aspects of the
heritage of Native Americans and indigenous peoples implicit in
those principles, as specified.
BACKGROUND
On September 13, 2007, the General Assembly of the United
Nations (UN), noting the Human Rights Council's recommendation,
adopted the "United Nations Declaration on the Rights of
Indigenous Peoples" (UNDRIP.) While over 140 countries voted
for adoption of UNDRIP, four member states, including the United
States, did not. Subsequently, on December 13, 2010, President
Obama declared that the United States would endorse the
declaration. (Caren Bohan, Reuters, Obama Backs UN Indigenous
Rights Declaration (Dec. 13, 2010)
[as of Jun. 14, 2014].) On March 20, 2013, the
White House announced that the Advisory Council on Historic
Preservation (ACHP), an independent federal agency, formally
endorsed a plan to support UNDRIP on March 1, 2013.
UNDRIP is a comprehensive statement addressing the rights of
indigenous peoples, and was drafted and formally debated for
(more)
AJR 42 (Williams)
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over 20 years prior to its adoption during the inaugural session
of the Human Rights Council on June 29, 2006. As described by
the UN, the declaration "emphasizes the rights of indigenous
peoples to maintain and strengthen their own institutions,
cultures and traditions and to pursue their development in
keeping with their own needs and aspirations."
While not a legally binding instrument, a General Assembly
declaration represents "the dynamic development of international
legal norms and it reflects the commitment of the UN's member
states to move in certain directions." (See UN, Frequently
Asked Questions: Declaration on the Rights of Indigenous Peoples
[as of Jun. 14, 2014].) The UN further describes
the declaration as setting "an important standard for the
treatment of indigenous peoples that will undoubtedly be a
significant tool towards eliminating human rights violations
against the planet's 370 million indigenous people and assisting
them in combating discrimination and marginalization. " (Id.)
This measure now seeks to express this Legislature's endorsement
of the principles of that declaration and state its recognition
of the call for increased awareness, sensitivity, and respect
for issues of sovereignty, sacred and historic sites and
traditions, and other vital aspects of the heritage of Native
Americans and indigenous peoples implicit in those principles.
CHANGES TO EXISTING LAW
This measure would make the following statements:
the United Nations General Assembly adopted the United Nations
Declaration on the Rights of Indigenous Peoples (hereinafter
referred to as "UNDRIP") on September 13, 2007, establishing
a new systemic standard of recognition, respect, and
protection for the rights of indigenous peoples of the world;
UNDRIP 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;
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 UNDRIP; and
in December 2010, the United States announced support for
UNDRIP. In announcing this support, President Obama stated:
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"The aspirations it affirms, including the respect for the
institutions and rich cultures of native peoples, are ones we
must always seek to fulfill? What matters far more than any
resolution or declaration, are actions to match those words."
UNDRIP 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);
as of June 2013, the federal Advisory Council on Historic
Preservation (ACHP) approved the United Nations Declaration.
ACHP will now incorporate UNDRIP in the review process of
Section 106 of the National Historic Preservation Act;
the "Doctrine of Discovery," emanating from the European
colonization after 1492 of the continents later to be known as
the Americas, has had profound and lasting negative effects on
the cultures and populations of the indigenous peoples and
nations of the Americas;
although jurisdiction over indigenous affairs resides with the
federal government, state governments exercise authority in
areas that affect the indigenous peoples within the state. As
such, state governments should be aware of the principles
outlined in UNDRIP and consider these principles in the
various decisions of state authorities; and
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.
This measure would express the Legislatures' endorsement of the
principles of the United Nations Declaration adopted by the
United Nations General Assembly, and recognize the call for
increased awareness, sensitivity, and respect for issues of
sovereignty, sacred and historic sites and traditions, and other
vital aspects of the heritage of Native Americans and indigenous
peoples implicit in those principles, notwithstanding the
nonbinding nature of the declaration.
COMMENT
1. Stated need for the bill
According to the author:
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The United Nations Declaration on the Rights of Indigenous
Peoples was adopted by the United Nations (UN) General
Assembly in 2007. Its urges nation-states to acknowledge
potential inadequacies in their existing laws and policies
that inherently undermine indigenous populations with respect
to economic and social development. Further, it sets out a
framework of principles upon which changes should be based.
The central goal of the Declaration is to encourage countries
to work alongside indigenous peoples to solve issues like
development, multicultural democracy, and decentralization
with an emphasis on protecting cultural heritage and
traditions.
California is home to over 100 federally recognized Native
American tribes, the largest population of Native Americans in
the fifty states. Their diverse cultures and customs are an
integral part of the state's history and vibrant ethnic
fabric. These cultures have persisted for centuries in the
face of many challenges and changes.
The indigenous peoples of California are a vital part of the
state's past, present, and future. Currently, the state and
tribal governments have a dialogue based on mutual respect.
Grounded in fundamental human rights values, the UN
Declaration on the Rights of Indigenous Peoples is an
important tool to reference in improving upon existing
measures that address the concerns of indigenous peoples.
2. Resolution would demonstrate support of California's vast
indigenous population in line with the United Nations'
declaration
This resolution would express the California State Legislature's
endorsement of the principles of the United Nations Declaration
on the Rights of Indigenous Peoples (UNDRIP) and would call for
increased awareness, sensitivity, and respect for issues of
sovereignty, sacred and historic sites and traditions, and other
vital aspects of the heritage of Native Americans and indigenous
peoples implicit in those principles.
As described by the United Nations, UNDRIP "addresses both
individual and collective rights, cultural rights and identity,
rights to education, health, employment, language, and others.
The text says indigenous peoples have the right to fully enjoy
as a collective or as individuals, all human rights and
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fundamental freedoms as recognized in the Charter of the [UN],
the Universal Declaration of Human Rights and international
human rights law. Indigenous peoples and individuals are free
and equal to all other peoples and individuals and have the
right to be free from any kind of discrimination, in the
exercise of their rights, in particular that based on their
indigenous origin or identity. Indigenous peoples have the right
to self-determination. By that right they can freely determine
their political status and pursue their economic, social and
cultural development. They have the right to maintain and
strengthen their distinct political, legal, economic, social and
cultural institutions, while retaining their rights to
participate fully, if they choose to, in the political,
economic, social and cultural life of the state." (UN,
Frequently Asked Questions: Declaration on the Rights of
Indigenous Peoples
[as of Jun. 14, 2014].)
Notably, according to figures on the Judicial Council's Web
site, California is home to more people of Native
American/Alaska Native heritage in urban and rural areas than
any other state in the country. There are approximately 110
federally recognized tribes in California and 78 entities
petitioning for recognition. (Judicial Council, Tribal/State
Programs [as of
Jun. 14, 2014].) Additionally, staff notes that the author has
provided this Committee with further information from an
Administrative Office of the Courts Center for Families,
Children and the Courts' March 2012 report, Native American
Statistical Abstract: Population Characteristics, demonstrating
that 5.2 million U.S. residents reported being American Indians
and Alaskan Natives (AI/AN) alone or in combination with some
other race in the 2010 Census. Among counties in the United
States, the report stated that Los Angeles County (CA) had the
highest population of AI/AN-alone in 2000 (76,988). In 2010,
California had the largest population of AI/AN-alone (362,801)
among the states, followed by Oklahoma and Arizona. In fact, the
numbers demonstrate that California represented 12 percent of
the total AI/AN-alone population in the United States, and the
state's AI/AN-alone or in-combination population makes up two
percent of California's total population.
In light of the vast number of indigenous tribes and persons in
California, it appears appropriate for California to state its
individual endorsement of and support for UNDRIP.
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Support : California Nations Indian Gaming Association (CNIGA);
Tribal Alliance of Sovereign Indian Nations (TASIN)
Opposition : None Known
HISTORY
Source : Santa Ynez Band of Chumash Indians
Related Pending Legislation : None Known
Prior Legislation : ACR 72 (Alejo, Res. Ch. 111, Stats. 2011)
recognized November 2011 as Native American Heritage Month.
Prior Vote :
Assembly Floor (Ayes 62, Noes 0)
Assembly Judiciary Committee (Ayes 9, Noes 0)
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