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91 Univ. Colorado L. Rev. F. 1 (2020)

handle is hein.journals/uvsyocd91 and id is 1 raw text is: 



Implementing the United Nations Declaration on the
Rights of Indigenous Peoples in the United States: A Call
to  Action for Inspired Advocacy in Indian Country.


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                                                                            March 7, 2020

In 2007, following decades of advocacy by indigenous peoples, the United Nations General
Assembly  adopted the Declaration on the Rights of Indigenous Peoples (Declaration). This is
a standard-setting document supported by the 148 member nations, including the United
States, committing to the individual and collective rights of indigenous peoples. These rights
include the right to self-determination, equality, property, culture, and economic well-being.[1]
John Echohawk,  Executive Director of the Native American Rights Fund (NARF), has said that
the Declaration affirms many of the rights for which American Indians have been fighting
throughout generations.[2] It recognizes the rights of [indigenous] people to self-
determination, their traditional lands, and their cultures and religions, all central aspects of
tribal sovereignty. According to Echohawk, it was the tribal leaders who pushed President
Barack Obama  to express national support for the Declaration in hope that it would help the
tribes prevail in the U.S. judicial, legislative, and administrative forums. [3]

Today's challenge is to realize the promises of the Declaration in the lives of indigenous
peoples. In 2018, the University of Colorado Law School (CU Law) and NARF committed to
working on this challenge in the context of American Indian, Alaska Native, and Native
Hawaiian rights. Together they launched the joint Project to Implement the U.N. Declaration
on the Rights of Indigenous Peoples in the United States (Project). In 2019, CU Law and
NARF  held a joint conference to set the groundwork for the Project (the Conference),
gathering tribal leaders, attorneys, scholars, students, activists, and others to share ideas
about the current state of federal Indian law and how the Declaration might be used to inform
advocacy in the field. This Report provides a summary of the Conference and suggests next
steps for assessing and advancing use of the Declaration in advocacy regarding indigenous
peoples' rights in the United States.

While implementation of the Declaration is a worldwide challenge, our efforts focus on the
United States. The United States announced its support for the Declaration in 2010 when
President Obama  stated at a White House Tribal Nations Conference that the aspirations [the
Declaration] affirms-including the respect for the institutions and rich cultures of Native
peoples-are  ones we must always seek to fulfill.[4] Importantly, Obama stated that what
matters far more than words . .. are actions to match those words.[5] S. James Anaya, CU
Law  Dean and former U.N. Special Rapporteur on the Rights of Indigenous Peoples, has
explained that the Declaration represents a convergence of common understandings about
the rights of indigenous peoples, that now forms part of U.S. domestic and foreign policy,


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