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36 NARF Legal Rev. 1 (2011)

handle is hein.journals/narf36 and id is 1 raw text is: 












United States Finally Endorses Historic United Nation's

     Declaration On The Rights Of Indigenous Peoples


A. Introduction
  Three decades of worldwide effort by indige-
nous peoples resulted in an historic victory in
the United Nations General Assembly on
September 13, 2007, when that body adopted the
Declaration on the Rights of Indigenous Peoples
(Declaration) by an overwhelming majority.'
143 Yes, 4 No, 11 Abstaining. The four countries
who voted against the Declaration were the
United States, Canada, New Zealand, and
Australia. One by one the dissenting countries
have reversed their votes. The United States was
the last country to do so, on December 16, 2010.
That means that there is no country in the world
that now opposes the Declaration. In addition,
two of the abstaining countries have now
endorsed the Declaration.'
  The Declaration affirms the collective rights of
Indigenous Peoples as human rights across a
broad range of areas including self-determination,


   . the U nite( States is lending its support to
 thi's dleclaration. The aspirations I .t affirms
 including the respect for the institutions and
 rich Cultures of Native peoples  are ones we
 must alway zs seek to f'ulfill... .But I want to be
 Clear: Wthat matters far more than word/s
 what matters far more than any resolution7 or
 dleclaration7  ar(e aIctions to match those
 wvord/s. -President Barack Obama

spirituality, land rights, and rights to intellectual
property; thereby providing some balance to an
international rights framework based largely
on individual rights. Since 1999, senior staff
attorney Kim Gottschalk of the Native American
Rights Fund (NARF) has worked with our client,
the National Congress of American Indians (NCAI),
and indigenous peoples worldwide, in the process
of elaborating and supporting the Declaration.


'Three decades is a somewhat arbitrary starting point. It refers back to a 1977 meeting at the UnitedNations in Geneva, Switzerland concerning
discrimination against Indigenous peoples in the Americas. However, indigenous efforts in the international arena go back much further in time.
In the 1920s, Deskaheh, speaker of the Council of the Iroquois Confederacy, attempted to bring a dispute with Canada before the League of Nations.
The League did not address the issue, viewing it as a domestic matter between Canada and the Iroquois.
2Along with one country that indicated that its positive vote had not been registered, that brings the number of countries endorsing the Declaration
to 150.


WINTER/SPRING 2011


VOUOT  719 NO. 1

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