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Monday, 17 November 2008

Barack Obama and the Renewal on Indigenous Peoples Recognition and Inclusion

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After Barack Obama’s victory on November the 4th, 2008, some indigenous communities, representatives and organizations, such as the National Congress of American Indians (N.C.A.I.), addressed him a transition plan. It submits the names of indigenous representatives to the elected candidate, for him to appoint within the new Administration. Two positions are of key importance, a White House adviser on indigenous issues and the Interior secretary. According to the N.C.A.I., the five issues to be prioritised by the Obama Administration are tribal sovereignty, the funding of tribal services, law enforcement, governmental parity and trust reform. This was a response to the Democratic candidate’s will, expressed during the campain, to appoint Indigenous community representatives to key staff positions in his Administration.
This willingness suggests more openness from the new team on indigenous issues as compared to previous governments. Changes can thus be foreseen on the internal and international fronts, considering the ongoing influence of the U.S. governments’ decisions. For example, what would be the impact of Barack Obama’s election on the adoption by the United States of the United Nations Declaration on Indigenous Rights? If the U.S. sign the Declaration, wouldn’t it induce Canada, New-Zealand and Australia, but also the 11 abstaining States to follow suit? Moreover, without any persistent objector to the dispositions of the Decaration, would it be possible to acknowledge the customary value of some of the  document’s dispositions, notably on internal self-determination and on territorial rights ? Will the newly elected President encourage a wind of change to blow on indigenous policy at the internal and international levels? In other words, does his election represent the starting point of a new life in common, beginning with the implementation of the right to participate for indigenous peoples?
Let's make two observations at the outset. First, to recall the impact that the political sphere necessarily as on the legal one. Second, to say that the optimism coming from the new election needs some support from other actors in order to be successful. What will be the other States' positions? Will Barack Obama and his Administration be able to singlehandedly transform the position of leaders such as Stephen Harper?

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