Amended in Assembly June 2, 2014

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 amended, Williams. Indigenous peoples: declaration of rights.

This measure would express the Legislature’s endorsement begin delete of, and commitment to, end delete begin insert of end insert the principles of the United Nations Declaration on the Rights of Indigenous Peoples. begin insert The measure would, among other things, also call for increased awareness, sensitivity, and respect for issues of sovereignty related to the heritage of Native Americans and indigenous peoples. end insert

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 begin delete Native end delete begin insert native end insert peoples, are begin delete one end delete begin insert ones end insert
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 begin delete invasion and subsequent end delete colonization after 1492 of the
continents later to be known as the Americas, has begin delete served as an
instrument of dehumanization and genocide end delete begin insert had profound and
lasting negative effects on the cultures and populations end insert of the
indigenous peoples and nations of the Americas; and

begin delete

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

end delete begin insert

WHEREAS, 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 the United Nations Declaration on the Rights of Indigenous
Peoples and consider these principles in the various decisions of
state authorities; and

end insert

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; begin delete and end delete begin insert now, therefore, be it end insert

Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of California expresses its
endorsement begin delete of, and commitment to, end delete begin insert of end insert the principles of the United
Nations Declaration on the Rights of Indigenous Peoples adopted
by the United Nations General begin delete Assembly; end delete begin insert Assembly, and
recognizes 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; end insert 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.