Indigenous Sovereignty in a Global Context
While these pages focus on Indian peoples in what is now the United States, the struggle for indigenous self-determination is global in scope. From Australia to South America, across Africa and Asia to Canada, indigenous peoples face threats from governments and corporations that too often seek to control their lands and resources. Organized anti-indigenous political groups attack tribal rights in Australia, Canada and other countries much as in the United States. And indigenous peoples around the globe have been the first to feel the impact of climate change as tribally-important species migrate out of tribal lands and sea level rise threatens the lands of coastal tribe.[17]
While not described as a right to “sovereignty,” the rights of indigenous peoples to political self-determination have been recognized in international law. In September 2007, after more than 20 years of negotiation, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples. Because they are nations, tribes in the United States and abroad have a right to participate in international forums and raise concerns about their relations with the states that surround their homelands.
The Declaration’s 46 articles recognize indigenous rights of self-determination, self-preservation and non-discrimination. It recognizes the right of indigenous people to self-government and to pursue their own “economic, social and cultural development.” Included are rights to practice traditional economic activity, rights to the “lands, territories and resources which they have traditionally” occupied, and the right to have these lands and resources protected. The Declaration recognizes rights to religious practice, to protect and access religious and cultural sites and for the return of tribal remains. It upholds a right to have treaties respected and enforced; the right to not be subjected to genocide, have children forcibly taken or be forcibly assimilated; and the right to non-discrimination in the surrounding state’s educational, political and health institutions.[18]
On September 12, 2007 the United Nations General Assembly voted 143-4 in favor of the Declaration, with 11 countries abstaining.[19] The four countries opposing the declaration were Australia, Canada, New Zealand and the United States. While these are by no means the only states that violate indigenous rights, the former colonies of the British Empire stood alone before the world in publicly opposing them.
