Date

Ms. Reta Jo Lewis, Special Representative for Global Intergovernmental Affairs
S/SR Global Intergovernmental Affairs
U.S. Department of State
2201 C Street NW., Suite 1317
Washington, DC 20520

Email: Declaration@state.gov

United States Review of its position on the United Nations Declaration on the Rights of Indigenous Peoples

Comments and Recommendations

Prepared by: ______________

Dear Ms. Reta Jo Lewis,

            We are greatly encouraged by the United States' review of the United Nations Declaration on the Rights of Indigenous Peoples and in this spirit, share with you our general observations.  We encourage the United States to endorse the UN Declaration on the Rights of Indigenous Peoples as adopted by the United Nations on September 13, 2007 in New York.  This action would greatly improve United States policies concerning environmental protection, multilateral development banks, and emerging global threats such as climate change.

            This Declaration will help indigenous peoples in the United States and around the world who have long been some of the poorest and most marginalized peoples on the planet.  This Declaration calls for the recognition of fundamental rights for indigenous peoples, especially their rights to property, territories and natural resources.  It also calls upon countries to examine the systemic discrimination in their laws.  It will strengthen indigenous peoples' ability to respond to mass violence perpetrated by governments and private actors.

            As the review moves forward, we hope to be informed of the Obama Administration's concerns regarding the Declaration, so that we may provide more specific and more useful analysis and recommendations before the end of this review.  We hope our general comments will contribute to a new and positive direction for United States policy, practices, and regulations affecting indigenous peoples in the United States and around the world. 

            The United States' endorsement of the Declaration will contribute to the protection of indigenous peoples' rights throughout the world,  and will also create a positive platform for new engagement by the United States with the international community.  The Declaration recognizes the collective and individual rights of over 370 million native people worldwide.  The Declaration gives international recognition to the rights of indigenous peoples as distinct peoples, acknowledging land rights, treaty rights, and the right to self-determination.  By endorsing the Declaration, the United States will join the international community's overwhelming acceptance of this most recent statement in international law recognizing the rights of indigenous peoples.  The United States can use this opportunity to demonstrate its re-engagement with the international community on human rights.                                                            

            The United States' endorsement of the Declaration would be critically important for stronger environmental protection of indigenous peoples' lands and resources.  Much of the planet's most pristine and biodiverse ecosystems lie within lands owned or occupied by indigenous peoples.  Preservation of these ecosystems depends upon the successful interaction of indigenous peoples, conservationists, governments, human rights advocates, academics, scientists and others.  The Declaration contains important principles not only to better protect the environment and our planet, but also principles that lay a foundation for open and informed dialogues between indigenous peoples and all actors involved in environmental protection.  By incorporating such principles into United States policies, the United States will certainly encourage greater understanding, trust, and collaboration between indigenous peoples, governments, and conservationists.                           

            The United States' endorsement of the Declaration will strengthen its advocacy within the multilateral development banks and will help the United States to play a leading role in sustainable development.  These banks have enormous influence in the developing world; their projects often result in environmental damage and human rights abuses that harm indigenous communities.  Stemming these impacts requires the recognition of indigenous peoples' legal rights within the development agenda.  The Declaration contains critical legal principles relating to the improvement of the lives of indigenous peoples, the poorest of the poor.  These principles can help the United States to better address social issues in the multilateral development banks' policies and practices.  By incorporating the principles from the Declaration into its strategy on multilateral development banks, the United States will bring its bank policies in line with current international standards, as mandated by the United States International Banking Environmental Protection Act of 1989.  Moreover, in so doing, the United States will better aid the multilateral development banks in their efforts for the alleviation of poverty in the developing world.

            Finally, the United States' endorsement of the Declaration will strengthen its engagement in on-going international discussions on issues that are fundamental for the survival of indigenous peoples around the world, such as biodiversity and climate change.  These issues are of critical importance for indigenous peoples, because their cultural and physical survival depend on the forests and other natural resources they have managed for millennia.  The international community is currently debating the implementation of the Convention on Biological Diversity,  and negotiating climate change commitments and programs, particularly programs for the reduction of emissions from deforestation and forest degradation in developing countries.  For these negotiations to be successful, it is important to have broad consensus among states about the protection of the rights of indigenous peoples.  The Declaration contains principles on environmental protection and the rights of indigenous peoples that are now almost universally accepted.  By endorsing the Declaration and adopting these principles, the United States will be in a better position to contribute to successful agreements in these international discussions.

            In closing, we ask that the United Nations Declaration on the Rights of Indigenous Peoples be part of the Unites States' commitment to bring real and lasting change for indigenous peoples in the United States and around the world.

Thank you,

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