BILL ANALYSIS �
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THIRD READING
Bill No: AJR 42
Author: Williams (D), et al.
Amended: 6/2/14 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 6/24/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
ASSEMBLY FLOOR : 62-0, 6/5/14 - See last page for vote
SUBJECT : Indigenous peoples: declaration of rights
SOURCE : Santa Ynez Band of Chumash Indians
DIGEST : This resolution 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.
ANALYSIS : This resolution makes the following legislative
findings:
1. 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.
CONTINUED
AJR 42
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2
2. 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.
3. 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 ones 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).
4. 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.
5. 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.
6. 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 resolution expresses legislative the principles of the
United Nations Declaration on the Rights of Indigenous Peoples
adopted by the United Nations General Assembly, and recognizes
the call for increased awareness, sensitivity, and respect for
AJR 42
Page
3
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.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/25/14)
Santa Ynez Band of Chumash Indians (source)
California Conference of Catholic Bishops
California Nations Indian Gaming Association
Sycuan Band of the Kumeyaay Nation
Tribal Alliance of Sovereign Indian Nations
ASSEMBLY FLOOR : 62-0, 6/5/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Chau,
Ch�vez, Chesbro, Conway, Cooley, Dababneh, Daly, Eggman, Fong,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Hagman,
Hall, Harkey, Roger Hern�ndez, Holden, Jones-Sawyer, Levine,
Linder, Maienschein, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Olsen, Pan, Perea, John A. P�rez, V. Manuel P�rez,
Quirk, Quirk-Silva, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, Atkins
NO VOTE RECORDED: Bigelow, Campos, Dahle, Dickinson, Donnelly,
Fox, Frazier, Beth Gaines, Grove, Jones, Logue, Lowenthal,
Mansoor, Nestande, Patterson, Rendon, Waldron, Vacancy
JA:d 6/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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