California Legislature—2013–14 Regular Session

Assembly Joint Resolution No. 42

Introduced by Assembly Member Williams

(Principal coauthor: Assembly Member Alejo)

(Coauthor: Senator Monning)

March 24, 2014

Assembly Joint Resolution No. 42—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.