FCNL: Native Peoples: Five Hard-Earned Wins!

This Native American Legislative Update shares good news: *** United Nations adopts the Declaration on the Rights of Indigenous Peoples *** Indian Health Care Improvement Act (IHCIA) moves to Senate floor for vote *** Upbeat Capitol Building rally boosts IHCIA supporters *** House passes Native American Housing Assistance and Self-Determination Act *** Federal Appeals Court rules for Navajo Nation, against Department of the Interior ********United Nations adopts the Declaration on the Rights of Indigenous Peoples The United Nations Declaration on the Rights of Indigenous Peoples was adopted on September 13 by the United Nations General Assembly. The vote was 143 to 4 with 11 abstentions. The United States, Canada, New Zealand, and Australia voted against the Declaration. The UN Declaration makes a unique and much-needed contribution to international human rights standards. While human rights documents generally arise from a tradition that addresses individual rights, the UN Declaration both affirms individual rights and focuses on Indigenous Peoples' collective rights, such as the rights to traditional lands and resources; to be free from genocide and forced relocation; and to maintain languages, cultures and spiritual beliefs. The Declaration emphasizes the rights of Indigenous Peoples to cultivate and strengthen their own institutions, cultures and traditions in keeping with their own needs and aspirations. The Declaration underwent a longer period of debate -25 years- than any other international agreement in UN history. Though some 400 million Indigenous people live across the globe, many of whom are amongst the most impoverished and marginalized people worldwide, the specific conditions of First Peoples' lives and cultures frequently go unaddressed by rights and service organizations. The Declaration will create not only a strong platform but also the inspiration from which Indigenous Peoples, with UN and human rights bodies worldwide, can together address Indigenous Peoples' longstanding concerns, ensure the flourishing of First Peoples, and elevate the dignity of all. Find out more: **The UN Permanent Forum on Indigenous Issues, including a link to the text of the declaration: http://www.un.org/esa/socdev/unpfii/en/declaration.html **The Documentation Centre for Indigenous Peoples: www.docip.org **Information about Indigenous Peoples' concerns and the UN: http://www.un.org/issues/m-indig.html Material compiled from: **Preston, Jennifer. July, 2007. "Report to FWCC 22nd Triennial: Quaker Work on the United Nations Declaration on the Rights of Indigenous Peoples". Canadian Friends Service Committee. **Cultural Survival. September 13, 2007. "A Victory for Indigenous Rights". www.culturalsurvival.org ********Indian Health Care Improvement Act moves to Senate floor for vote On September 12, the Senate Finance Committee passed provisions of the Indian Health Care Improvement Act (IHCIA), freeing the bill to move to the Senate floor where Senate Majority Leader Harry Reid (NV), has promised to schedule debate. The IHCIA (S. 1200) addresses disparities in health status and inequities in facilities for Native peoples and has been the top legislative priority for Indian Country for many years. The bill that the Senate will consider is a culmination of bipartisan, grassroots work of many Indian tribes. It is important because of the seriousness of health problems that Native peoples face, and the paucity of funds and adequate care systems with which to treat them. The last time that the IHCIA was revised and updated was fourteen years ago. The new bill incorporates critical medical developments into the provision of health services and addresses health crises, such as diabetes, youth suicide and drug addiction, that have escalated in the intervening years. Proposed changes from the previous bill include access to care for rural and urban Indigenous people, emphasis on prevention instead of acute care, access to mental health services for Indian children, and data collection on Native health and programs. The House version of the IHCIA, HR 1328, has remained since June in the Health Subcommittee of the Energy and Commerce Committee. If the Senate's IHCIA version passes, it will add momentum to propel the House version through the legislative process. Find out more: **FCNL background about Native American health care issues: http://www.fcnl.org/issues/item.php?item_id=2605&issue_id=109 **National Indian Health Board fact sheet: http://www.nihb.org/docs/ihcia_fact_sheet_2007-sept.pdf **"Finance Committee sends health care reauthorization to Senate". Indian Country Today. September 14, 2007: http://www.indiancountry.com/content.cfm?id=1096415762 ********Upbeat Capitol Building rally boosts Indian Health Care Improvement Act supporters With the announcement, "Majority Leader, Indian Country is ready!" Rachel Joseph voiced the sentiments of many Native Americans crowding a U.S. Capitol meeting room on September 12. Ms. Joseph, a long-serving member of the Tribal National Steering Committee on reauthorization of the IHCIA, was responding to Senate Majority Leader Harry Reid's (NV) promise to schedule Senate floor debate on Senate Bill 1200, the reauthorization of the Indian Health Care Improvement Act. Tribal leaders and bipartisan congressional backers made clear why this long-delayed bill is Indian Country's priority issue in the 110th Congress. As Senator Max Baucus (MT) said, "Native communities deserve access to decent health care, and that is exactly what this bill will deliver." "It rocked. We all needed that shot in the arm," said National Indian Health Board Executive Director Stacy Bohlen about the rally. Find out more: **"Rally for health care reauthorization finds supporters". Indian Country Today. September 14, 2007: http://www.indiancountry.com/content.cfm?id=1096415765 ********House passes Native American Housing Assistance and Self-Determination Act The Native American Housing Assistance and Self Determination Act of 2007 (H.R. 2786) has been reauthorized by the House of Representatives. The bill is the major program for housing for poor Indigenous people in tribal communities and Alaskan villages. The House updated the Act and authorized $624 million annually for this program designed to provide decent, safe, sanitary, affordable homes. Representative Barney Frank (MA), chair of Financial Services, stated that "the program primarily provides funding, subject, of course, to appropriation, to the [federally] recognized tribes for housing. Members will be aware, if they represent areas where the tribes are and if they have visited those areas, that inadequate housing is a serious social problem for many of our Native American residents." Representative Steve Pearce (NM) added, "The lack of standard housing, the lack of economic development opportunities, the lack of infrastructure such as water and wastewater treatment facilities all continue to plague people who are trying to make the tribal grounds their home and their place of habitation." One amendment was attached to the bill restricting money to the Cherokees due to the tribe's denial of membership to many Freedmen, descendents of former slaves. The Senate introduced its version of this reauthorization bill, S. 2062, on Sept 18, 2007, and expectation of its passage is high. Find out more: **National American Indian Housing Council Indian Housing Fact Sheet: http://www.naihc.net/news/index.asp?bid=6316 **"Freedmen status at issue in Washington". Indian Country Today. June 29, 2007: http://www.indiancountry.com/content.cfm?id=1096415331 ********Federal Appeals Court rules for Navajo Nation, against Department of Interior By unanimous decision in one of the longest-running breach of trust cases in history, the Federal Court of Appeals said that the "undisputed facts" prove Interior breached its fiduciary duties to the largest tribe in the country. The September 13th ruling held that the U.S. government violated its trust duties by approving a coal mining lease on Navajo Nation land for less than a "reasonable royalty rate", entitling the Navajo Nation to damages for mismanagement of the lease. The Nation claims it was underpaid at least $600 million in royalties. The current Appeals Court ruling was based in part on demonstrated connections between Peabody Coal, the world's largest coal company, and then-Department of Interior Secretary Don Hodel that appear to have influenced the royalty rate. The Navajo case has relevance for the federal court case filed in December 2006 by tribes seeking full and complete accountings of tribal trust funds by the federal government. It asserts that Interior has not provided information that would allow them to pursue similar claims of asset mismanagement. The federal government manages resources generated from Indian trust lands. Find out more: ** "Navajo Nation owed money for bungled lease". Indianz.com. September 14, 2007: http://indianz.com/News/2007/004906.asp ** FCNL information on treaty rights and responsibilities: http://www.fcnl.org/issues/item.php?item_id=1301&issue_id=94 ** Native American Rights Fund information about December 2006 case: http://www.narf.org/cases/tribaltrust.html ______________________ Contact Congress and the Administration: http://capwiz.com/fconl/dbq/officials/ Order FCNL publications and "War is Not the Answer" bumper stickers and yard signs: http://www.fcnl.org/pubs/ http://www.fcnl.org/forms/forms.php?type=bump Contribute to FCNL: http://www.fcnl.org/donate/ Unsubscribe from this list: Send a message to fcnl-nalu-unsubscribe@fcnl.org, or send an email to adamk@fcnl.org with your request. Subscribe to this list: Send a message to fcnl-nalu-subscribe@fcnl.org, or visit http://www.fcnl.org/forms/forms.php?type=ls and select the fcnl-nalu list. Subscribe to other FCNL legislative, policy, and action alert lists: http://www.fcnl.org/forms/forms.php?type=ls ______________________ Friends Committee on National Legislation 245 Second St. NE, Washington, DC 20002-5795 fcnl@fcnl.org * www.fcnl.org phone: (202)547-6000 * toll-free: (800)630-1330 _______________________________________________ More on Native American legislation: http://www.fcnl.org/nativeam/ Give money to FCNL: http://www.fcnl.org/donate/ Contact Congress and the Administration: http://capwiz.com/fconl/dbq/officials/ Subscribe to this and other FCNL email lists: http://www.fcnl.org/forms/forms.php?type=ls. ______________________ Friends Committee on National Legislation 245 Second St. NE, Washington, DC 20002-5795 fcnl@fcnl.org * http://www.fcnl.org phone: (202)547-6000 * toll-free: (800)630-1330 We seek a world free of war and the threat of war We seek a society with equity and justice for all We seek a community where every person's potential may be fulfilled We seek an earth restored.