Legislative Update - January 25, 2001
(Broadcast #330)

Support Needed for Indigenous Rights Policy - As reported in Broadcast #328, NCAI is seeking support for the current U.S. Policy on Indigenous Rights that was formalized through a Presidential memorandum on January 18, 2001. This policy is a culmination of over a year of deliberations and negotiations with the Department of State, Interior, Justice, as well as the National Security Council. Currently there are internal efforts within the State Department to roll back this policy. In response, NCAI is aggressively seeking tribal and Congressional support for the current policy. Attached for your convenience is a sample letter that was sent to Secretary Colin Powell and National Security Advisor Condoleezza Rice. Talking points have also been attached for your information. NCAI urges tribal leaders to voice their support for the policy and to oppose any effort to roll back the policy. To find out more about the current policy, contact Victoria Wright, NCAI Legislative Associate at (202) 466-7767.

For further information, contact NCAI at (202) 466-7767.

The Honorable Colin L. Powell

Secretary of State

U.S. State Department

2201 C Street, NW SAMPLE

Washington, DC 20520

RE: U.S. Policy on Indigenous Rights

Dear Secretary Powell:

On behalf of the (Tribe), I write this letter to discuss with you the current U.S. position on the rights of Indigenous Peoples. After an exhaustive one and a half year long interagency deliberation, the United States adopted a more forward looking policy on the rights of indigenous peoples. We believe that this policy shift offers tremendous opportunity for the United States and other nations to enter into a constructive dialogue with indigenous groups on the U.N. Declaration on the Rights of Indigenous Peoples and the American Draft Declaration on the Rights of Indigenous Peoples (Declarations).

The shift in U.S. policy on Indigenous rights also puts the U.S. in line with the vast majority of the International community and in particular with our closest allies in this Hemisphere, Canada and Mexico. This policy permits the U.S. to play the appropriate leadership role in the on-going negotiations of the draft Declarations.


NCAI believes that the extensive deliberative process on this policy question has culminated in a policy direction that offers hope and an opportunity for continued constructive dialogue. We look forward to engaging the State Department and the other departments of the Bush Administration in the

coming months to begin this constructive dialogue.

The recent decision to recognize "internal self-determination" of indigenous groups has caused some concerns to be raised that the policy shift was last-minute, hastily-rendered and poorly thought-out. On the contrary Secretary Powell, this policy is a culmination of the long-term interagency deliberative process among the Departments of State, Interior, Justice, as well as the National Security Council. Moreover, this policy is a compromise position since Indigenous groups have expressed reservations about restricting self-determination with modifiers such as "internal" when discussing any of the Declarations.

It is encouraging to know that questions regarding indigenous peoples have not been tainted by political partisanship. Indeed, both the Democratic Party and Republican Party have supported tribal sovereignty and self-determination for tribes. The Republican Party most recently reiterated its support of our rights in the 2000 Republican Platform: "We will strengthen Native American self- determination by respecting tribal sovereignty . . . ."

The (Tribe) wish you the best of success as our new Secretary of State and we look forward to working closely with you and your office on the preservation of the rights of Indigenous peoples.

Sincerely,

(Tribal Chairperson)