BILL ANALYSIS �
AJR 42
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ASSEMBLY THIRD READING
AJR 42 (Williams)
As Amended June 2, 2014
Majority vote
JUDICIARY 9-0
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|Ayes:|Wieckowski, Alejo, Chau, | | |
| |Dickinson, Garcia, | | |
| |Gorell, Maienschein, | | |
| |Muratsuchi, Stone | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : 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 persons implicit in
the principles of the United Nations Declaration on the Rights
of Indigenous Peoples.
FISCAL EFFECT : None
COMMENTS : This resolution seeks to urge the California
Legislature to support the principles of the United Nations
Declaration on the Rights of Indigenous Peoples (UNDRIP). The
author notes that:
The United Nations Declaration on the Rights of
Indigenous Peoples was adopted by the United Nations
(UN) General Assembly in 2007. It 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
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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.
UNDRIP was passed by the UN General Assembly by a vote of 144-4,
with the United States among the few votes against, specifying
principles by which indigenous populations ought to be
protected, including the right of a people to decide their
political status and government, culture and language, education
and health, housing, land, resources and environment, and
indigenous law. In 2010, President Obama declared that the
United States will sign UNDRIP. However, as the United Nations
does not currently have a system to enforce it or track which
countries have begun to implement it, it is unclear to what
extent UNDRIP has led to results in the United States. The
Assembly Judiciary Committee is unable to verify whether UNDRIP
was actually signed.
The State Department stated in the announcement of United States
support for UNDRIP that the declaration has moral and political
force, and "[i]t expresses both the aspirations of indigenous
peoples around the world and those of States in seeking to
improve their relations with indigenous peoples." While UNDRIP
is not a legally binding instrument under international law, it
serves to represent a commitment to legal norms that recognize
the rights of indigenous peoples everywhere.
Consistent with UNDRIP, the United States has undertaken
numerous steps to promote the economic well-being of indigenous
peoples. However, while 152 notices of decisions to repatriate
human remains and cultural items were published in the Federal
Register in 2010, the only commitment made to California and its
100 Native American tribes was technical assistance given by the
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Department of Education's Office for Civil Rights. The Cherokee
Nation signed its own resolution on March 10, 2014, encouraging
the United Nations to adopt UNDRIP so as to allow for
enforcement and implementation, with the United States in mind.
Therefore, with the lack of federal action, California has an
opportunity to call for increased awareness of the values
enshrined in UNDRIP.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0003907