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Naismith College Player of the Year
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Naismith College Player of the Year
The Naismith Trophy that was presented to Tina Charles in 2010.
Given for
the most outstanding male and female basketball player
Country
United States
Presented by
Atlanta Tipoff Club
History
First award
1969
Most recent
Men: Jalen Brunson, Villanova
Women: A'ja Wilson, South Carolina
Website
official site
The Naismith College Player of the Year is an annual basketball award given by the Atlanta Tipoff Club to the top men's and women's collegiate basketball players. It is named in honor of the inventor of basketball (in 1891), Dr. James Naismith.
Contents
[hide]
1 History and selection
2 Winners
2.1 Men
2.2 Women
3 See also
4 References
5 External links
History and selection[edit]
First awarded exclusively to male players in 1969, the award was expanded to include female players in 1983. Annually before the college season begins in November, a "watchlist" consisting of 50 players is chosen by the Atlanta Tipoff Club board of selectors, comprising head coaches, administrators and media members from across the United States. By February, the list of nominees is narrowed down to 30 players based on performance. In March, four out of the 30 players are selected as finalists and are placed in the final ballot. The final winners are selected in April by both the board of selectors and fan voting via text messaging.[1][2] The winners receive the Naismith Trophy.
Since its beginning in 1969, the trophy has been awarded to 42 male and 23 female players. Lew Alcindor of the University of California, Los Angeles (UCLA) and Anne Donovan of Old Dominion University were the first winners, respectively. Bill Walton of UCLA and Ralph Sampson of the University of Virginia have been the only men to win this award multiple times, with both winning three times. Eight women in all have won this award multiple times. Cheryl Miller of the University of Southern California and Breanna Stewart of the University of Connecticut are the only three-times winners, while seven others won it twice: Clarissa Davis of the University of Texas, Dawn Staley of the University of Virginia, Chamique Holdsclaw of the University of Tennessee, Diana Taurasi and Maya Moore of the University of Connecticut, Seimone Augustus of Louisiana State University, and Brittney Griner of Baylor University. Davis and Moore are the only ones of either sex to have won multiple times in non-consecutive years.
Two award winners were born in United States territories:
Alfred "Butch" Lee, who was born in the Commonwealth of Puerto Rico, and
Tim Duncan, who was born in the U.S. Virgin Islands.
The only three award winners who have been born outside the jurisdiction of the United States were:
Andrew Bogut, born in Melbourne, Australia.
Patrick Ewing, born in Kingston, Jamaica.
Buddy Hield, born in Freeport, Bahamas.
Three of these players were developed at least partially in the U.S. proper—Lee was raised in Harlem from early childhood, Ewing immigrated to the Boston area at age 12, and Hield attended high school in suburban Wichita, Kansas. Duncan did not move to the U.S. proper until he arrived at Wake Forest University, and Bogut lived in Australia until his arrival at the University of Utah.
Duke has had the most male winners with seven, while the Connecticut has had the most female winners, with ten awards won by six individuals. The award has been won by a freshman twice: Kevin Durant playing for Texas in 2007, and in 2012 by Anthony Davis of Kentucky.
Winners[edit]
* Denotes players inducted to the Naismith Memorial Basketball Hall of Fame
Player (X) Denotes the number of times the player has won the award
Men[edit]
Lew Alcindor
Bill Walton
David Robinson
Men
Year
Player
College
Position
Class
1969 Alcindor, LewLew Alcindor* UCLA Center 4 !Senior
1970 Maravich, PetePete Maravich* LSU Guard 4 !Senior
1971 Carr, AustinAustin Carr Notre Dame Guard 4 !Senior
1972 Walton, BillBill Walton* UCLA Center 2 !Sophomore
1973 Walton, BillBill Walton* (2) UCLA Center 3 !Junior
1974 Walton, BillBill Walton* (3) UCLA Center 4 !Senior
1975 Thompson, DavidDavid Thompson* N.C. State Guard 4 !Senior
1976 May, ScottScott May Indiana Forward 4 !Senior
1977 Johnson, MarquesMarques Johnson UCLA Forward 4 !Senior
1978 Lee, ButchButch Lee Marquette Guard 4 !Senior
1979 Bird, LarryLarry Bird* Indiana State Forward 4 !Senior
1980 Aguirre, MarkMark Aguirre DePaul Forward 2 !Sophomore
1981 Sampson, RalphRalph Sampson* Virginia Center 2 !Sophomore
1982 Sampson, RalphRalph Sampson* (2) Virginia Center 3 !Junior
1983 Sampson, RalphRalph Sampson* (3) Virginia Center 4 !Senior
1984 Jordan, MichaelMichael Jordan* North Carolina Guard 3 !Junior
1985 Ewing, PatrickPatrick Ewing* Georgetown Center 4 !Senior
1986 Dawkins, JohnnyJohnny Dawkins Duke Guard 4 !Senior
1987 Robinson, DavidDavid Robinson* Navy Center 4 !Senior
1988 Manning, DannyDanny Manning Kansas Forward 4 !Senior
1989 Ferry, DannyDanny Ferry Duke Forward 4 !Senior
1990 Simmons, LionelLionel Simmons La Salle Forward 4 !Senior
1991 Johnson, LarryLarry Johnson UNLV Forward 4 !Senior
1992 Laettner, ChristianChristian Laettner Duke Forward 4 !Senior
1993 Cheaney, CalbertCalbert Cheaney Indiana Guard 4 !Senior
1994 Robinson, GlennGlenn Robinson Purdue Forward 3 !Junior
1995 Smith, JoeJoe Smith Maryland Forward 2 !Sophomore
1996 Camby, MarcusMarcus Camby Massachusetts Center 3 !Junior
1997 Duncan, TimTim Duncan Wake Forest Center 4 !Senior
1998 Jamison, AntawnAntawn Jamison North Carolina Forward 3 !Junior
1999 Brand, EltonElton Brand Duke Forward 2 !Sophomore
2000 Martin, KenyonKenyon Martin Cincinnati Forward 4 !Senior
2001 Battier, ShaneShane Battier Duke Forward 4 !Senior
2002 Williams, JasonJason Williams Duke Guard 3 !Junior
2003 Ford, T. J.T. J. Ford Texas Guard 2 !Sophomore
2004 Nelson, JameerJameer Nelson Saint Joseph's Guard 4 !Senior
2005 Bogut, AndrewAndrew Bogut Utah Center 2 !Sophomore
2006 Redick, J. J.J. J. Redick Duke Guard 4 !Senior[3]
2007 Durant, KevinKevin Durant Texas Forward 1 !Freshman[4]
2008 Hansbrough, TylerTyler Hansbrough North Carolina Forward 3 !Junior[5]
2009 Griffin, BlakeBlake Griffin Oklahoma Forward 2 !Sophomore[6]
2010 Turner, EvanEvan Turner Ohio State Guard 3 !Junior[7]
2011 Fredette, JimmerJimmer Fredette Brigham Young Guard 4 !Senior
2012 Davis, AnthonyAnthony Davis Kentucky Center 1 !Freshman
2013 Burke, TreyTrey Burke Michigan Guard 2 !Sophomore
2014 McDermott, DougDoug McDermott Creighton Forward 4 !Senior
2015 Kaminsky, FrankFrank Kaminsky Wisconsin Forward 4 !Senior
2016 Hield, BuddyBuddy Hield Oklahoma Guard 4 !Senior
2017 Mason III, FrankFrank Mason III Kansas Guard 4 !Senior
2018 Brunson, JalenJalen Brunson Villanova Guard 3 !Junior
Women[edit]
Anne Donovan
Clarissa Davis
Diana Taurasi with George W. Bush
Women
Year
Player
College
Position
Class
1983 Donovan, AnneAnne Donovan*[8] Old Dominion Center 4 !Senior
1984 Miller, CherylCheryl Miller*[9] USC Forward/Center 2 !Sophomore
1985 Miller, CherylCheryl Miller* (2)[9] USC Forward/Center 3 !Junior
1986 Miller, CherylCheryl Miller* (3)[9] USC Forward/Center 4 !Senior
1987 Davis, ClarissaClarissa Davis[10] Texas Forward 2 !Sophomore
1988 Wicks, SueSue Wicks[11] Rutgers Forward 4 !Senior
1989 Davis, ClarissaClarissa Davis (2)[12] Texas Forward 4 !Senior
1990 Azzi, JenniferJennifer Azzi[13] Stanford Guard 4 !Senior
1991 Staley, DawnDawn Staley*[14] Virginia Point guard 3 !Junior
1992 Staley, DawnDawn Staley* (2)[14] Virginia Point guard 4 !Senior
1993 Swoopes, SherylSheryl Swoopes*[15] Texas Tech Guard/Forward 4 !Senior
1994 Leslie, LisaLisa Leslie*[16] USC Center 4 !Senior
1995 Lobo, RebeccaRebecca Lobo*[17] Connecticut Center 4 !Senior
1996 Roundtree, SaudiaSaudia Roundtree[18] Georgia Guard 3 !Junior
1997 Starbird, KateKate Starbird[19] Stanford Forward 4 !Senior
1998 Holdsclaw, ChamiqueChamique Holdsclaw[20] Tennessee Forward 3 !Junior
1999 Holdsclaw, ChamiqueChamique Holdsclaw (2)[20] Tennessee Forward 4 !Senior
2000 Catchings, TamikaTamika Catchings[21] Tennessee Forward 3 !Junior
2001 Riley, RuthRuth Riley[22] Notre Dame Center 4 !Senior
2002 Bird, SueSue Bird[23] Connecticut Guard 4 !Senior
2003 Taurasi, DianaDiana Taurasi[24] Connecticut Guard 3 !Junior
2004 Taurasi, DianaDiana Taurasi (2)[24] Connecticut Guard 4 !Senior
2005 Augustus, SeimoneSeimone Augustus[25] LSU Guard/Forward 3 !Junior
2006 Augustus, SeimoneSeimone Augustus (2)[25] LSU Guard/Forward 4 !Senior
2007 Harding, LindseyLindsey Harding[26] Duke Point guard 4 !Senior
2008 Parker, CandaceCandace Parker[27] Tennessee Forward 3 !Junior
2009 Moore, MayaMaya Moore[24] Connecticut Forward 2 !Sophomore
2010 Charles, TinaTina Charles[28] Connecticut Center 4 !Senior
2011 Moore, MayaMaya Moore (2)[24] Connecticut Forward 4 !Senior
2012 Griner, BrittneyBrittney Griner[29] Baylor Center 3 !Junior
2013 Griner, BrittneyBrittney Griner (2)[30] Baylor Center 4 !Senior
2014 Stewart, BreannaBreanna Stewart[24] Connecticut Forward 2 !Sophomore
2015 Stewart, BreannaBreanna Stewart (2)[24] Connecticut Forward 3 !Junior
2016 Stewart, BreannaBreanna Stewart (3)[24] Connecticut Forward 4 !Senior
2017 Plum, KelseyKelsey Plum Washington Point guard 4 !Senior
2018 Wilson, A'jaA'ja Wilson[31] South Carolina Forward 4 !Senior
See also[edit]
College basketball portal
List of U.S. men's college basketball national player of the year awards
Naismith Prep Player of the Year Award
References[edit]
Jump up ^ "Naismith Trophy Fact Sheet". Naismith Awards. Archived from the original on February 4, 2008. Retrieved January 5, 2010.
Jump up ^ "The Naismith Trophy History". Naismith Awards. Archived from the original on March 2, 2009. Retrieved January 5, 2010.
Jump up ^ "Scout.com: Redick Wins Naismith Award". Duke.scout.com. April 3, 2006. Archived from the original on July 16, 2011. Retrieved April 5, 2010.
Jump up ^ "Kevin Durant Wins 2007 Naismith Award – Big 12 Conference – Official Athletic Site". Big12sports.com. April 2, 2007. Retrieved April 5, 2010.
Jump up ^ "Press Release – April 6, 2008". Atlantatipoffclub.com. Retrieved April 5, 2010. [permanent dead link]
Jump up ^ "Blake Griffin Claims Naismith Trophy, NABC and Newell Awards – Big 12 Conference – Official Athletic Site". Big12sports.com. March 20, 2009. Retrieved April 5, 2010.
Jump up ^ Baptist, Bob. "OSU men's basketball: Turner wins Naismith Trophy | BuckeyeXtra". Dispatch.com. Archived from the original on April 7, 2010. Retrieved April 5, 2010.
Jump up ^ "Naismith Trophy Postseason Awards". Peach State Basketball. Retrieved 2016-04-05.
^ Jump up to: a b c "Pac-12 Player of the Century Cheryl Miller Leads Trojan-Studded Pac-12 All-Century Womens Basketball Team". www.usctrojans.com. Retrieved 2016-04-05.
Jump up ^ iThemesLab. "Clarissa Davis-Wrightsil - Women's Basketball Hall of Fame". www.wbhof.com. Retrieved 2016-04-05.
Jump up ^ "ST. FRANCIS (NY) COACH SUE WICKS: INTERNATIONAL NBA ENVOY". www.sfc.edu. Retrieved 2016-04-05.
Jump up ^ "Articles about Naismith Award - latimes". articles.latimes.com. Retrieved 2016-04-05.
Jump up ^ "University of San Francisco Dons Athletics - 2014-15 Women's Basketball Coaching Staff". www.usfdons.com. Retrieved 2016-04-05.
^ Jump up to: a b "Dawn Staley to be Honored With UVa's Distinguished Alumna Award". www.virginiasports.com. Retrieved 2016-04-05.
Jump up ^ "Sheryl Swoopes elected to the Naismith Memorial Basketball Hall of Fame". Hoopfeed.com. Retrieved 2016-04-05.
Jump up ^ "Trojan Great Lisa Leslie Named To Naismith Memorial Hall of Fame". www.usctrojans.com. Retrieved 2016-04-05.
Jump up ^ jjackson. "1995 NCAA Woman of the Year". NCAA.org - The Official Site of the NCAA. Retrieved 2016-04-05.
Jump up ^ "Saudia Roundtree Bio - UCF Knights - Official Athletics Site". www.ucfknights.com. Retrieved 2016-04-05.
Jump up ^ "Kate Starbird, former basketball star, chooses a different route — as usual". The Seattle Times. 2013-03-05. Retrieved 2016-04-05.
^ Jump up to: a b "Inside Chamique Holdsclaw: From Basketball Super Star to Mental Health Activist". Buzzflash. Retrieved 2016-04-05.
Jump up ^ "Tamika Catchings continues to build legacy after Lady Vols career". The Daily Beacon. Retrieved 2016-04-05.
Jump up ^ "Ruth Riley Named Naismith Player of the Year". www.und.com. Retrieved 2016-04-05.
Jump up ^ Congressional Record V. 148, Pt. 4, April 11, 2002 to April 24, 2002. Government Printing Office.
^ Jump up to: a b c d e f g "UConn's Breanna Stewart named 2016 Women's Naismith Trophy winner". NCAA.com. Retrieved 2016-04-05.
^ Jump up to: a b "Seimone Augustus Bio". LSUsports.net. Retrieved 2016-04-05.
Jump up ^ "Harding takes home Naismith NPOY award". The Duke Chronicle. Archived from the original on 2016-04-18. Retrieved 2016-04-05.
Jump up ^ "Candace Parker Wins 2008 Naismith Trophy". www.utsports.com. Retrieved 2016-04-05.
Jump up ^ Courant, Hartford. "Tina Charles Wins Naismith Award". courant.com. Retrieved 2016-04-05.
Jump up ^ "Baylor University || Baylor Nation || News". www.baylor.edu. Archived from the original on 2016-02-17. Retrieved 2016-04-05.
Jump up ^ "Griner Wins Second Straight Naismith Trophy". www.baylorbears.com. Retrieved 2016-04-05.
Jump up ^ "South Carolina's A'ja Wilson wins Naismith Women's Basketball Player of the Year Award". www.ncaa.com. Retrieved 1, April 2018. Check date values in: |access-date= (help)
External links[edit]
Official website
[show]
v
t
e
Men's college basketball awards (United States)
National Collegiate Basketball Hall of Fame
Women's college basketball awards
National players of the year
Naismith Trophy
Wooden Award
Adolph Rupp Trophy
AP Player of the Year
NABC Player of the Year
Oscar Robertson Trophy
Sporting News Player of the Year
Defunct – Helms Foundation Player of the Year
UPI Player of the Year
Individual awards
Academic All-America of the Year
All-Americans (by year)
Bob Cousy Award (Point Guard)
Jerry West Award (Shooting Guard)
Julius Erving Award (Small Forward)
Karl Malone Award (Power Forward)
Kareem Abdul-Jabbar Award (Center)
Haggerty Award (NYC area)
Lefty Driesell Award (Top Defender)
Senior CLASS Award
Lou Henson Award (Mid-Major Player of the Year)
Lute Olson Award (Top Non-Freshman)
Pete Newell Big Man Award
NABC Defensive Player of the Year
NCAA Tournament Most Outstanding Player
Robert V. Geasey Trophy (Big 5 Player of the Year)
USBWA National Freshman of the Year
Defunct – Chip Hilton Award (player character)
Frances Pomeroy Naismith Award (senior 6'0" or shorter)
Conference players of the year
America East
American
A-10
ACC
ASUN
Big 12
Big East
Big Sky
Big South
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Defunct – American South
Big Eight
East Coast
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Great West
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Head coach awards
Naismith Coach of the Year
AP Coach of the Year
Ben Jobe Award (Top Minority Coach)
Henry Iba Award
Hugh Durham Award (Mid-Major Coach of the Year)
Jim Phelan Award (Major Conference Coach of the Year)
NABC Coach of the Year
Skip Prosser Man of the Year Award (Moral Character)
Clair Bee Award (Coaching Character)
Legends of Coaching (Lifetime)
Defunct – Adolph Rupp Cup
UPI Coach of the Year
Conference coaches of the year
American
ACC
Big 12
CAA
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NEC
Pac-12
Division awards
NABC Players of the Year – Division II
Division III
NAIA
Junior College
NAIA Tournament MVP
Clarence Gaines Award (Division II Coach of the Year)
Other awards
USBWA Most Courageous Award
[show]
v
t
e
Women's college basketball awards (United States)
Women's Basketball Hall of Fame
Men's college basketball awards
Player awards
Naismith Trophy
Wade Trophy
AP Player of the Year
Ann Meyers Drysdale Player of the Year
Wooden Award
Honda Sports Award
WBCA Player of the Year (defunct)
Academic All-America of the Year
NCAA Tournament Most Outstanding Player
WBCA Defensive Player of the Year
Nancy Lieberman Award (Point Guard)
Dawn Staley Award (Guard)
USBWA National Freshman of the Year (Freshman)
Senior CLASS Award (Senior)
Frances Pomeroy Naismith Award (Senior 5'8" or shorter; defunct)
Coaching awards
Naismith Coach of the Year
WBCA Coach of the Year
AP Coach of the Year
USBWA Coach of the Year
Kay Yow Award (Character)
Carol Eckman Award (Character)
Legends of Coaching (Lifetime)
Maggie Dixon Award (Rookie)
Other individual awards
Pat Summitt Most Courageous Award
Conference players of the year
American
Big 12
Big East
Big Ten
NEC
Pac-12
SEC
WCC
Conference coaches of the year
NEC
[show]
v
t
e
Naismith Men's College Player of the Year
1969: Alcindor
1970: Maravich
1971: Carr
1972: Walton
1973: Walton
1974: Walton
1975: Thompson
1976: May
1977: M. Johnson
1978: Lee
1979: Bird
1980: Aguirre
1981: Sampson
1982: Sampson
1983: Sampson
1984: Jordan
1985: Ewing
1986: Dawkins
1987: D. Robinson
1988: Manning
1989: Ferry
1990: Simmons
1991: L. Johnson
1992: Laettner
1993: Cheaney
1994: G. Robinson
1995: Smith
1996: Camby
1997: Duncan
1998: Jamison
1999: Brand
2000: Martin
2001: Battier
2002: Williams
2003: Ford
2004: Nelson
2005: Bogut
2006: Redick
2007: Durant
2008: Hansbrough
2009: Griffin
2010: Turner
2011: Fredette
2012: Davis
2013: Burke
2014: McDermott
2015: Kaminsky
2016: Hield
2017: Mason III
2018: Brunson
[show]
v
t
e
Naismith Women's College Player of the Year
1983: Donovan
1984: Miller
1985: Miller
1986: Miller
1987: Davis
1988: Wicks
1989: Davis
1990: Azzi
1991: Staley
1992: Staley
1993: Swoopes
1994: Leslie
1995: Lobo
1996: Roundtree
1997: Starbird
1998: Holdsclaw
1999: Holdsclaw
2000: Catchings
2001: Riley
2002: Bird
2003: Taurasi
2004: Taurasi
2005: Augustus
2006: Augustus
2007: Harding
2008: Parker
2009: Moore
2010: Charles
2011: Moore
2012: Griner
2013: Griner
2014: Stewart
2015: Stewart
2016: Stewart
2017: Plum
2018: Wilson
Retrieved from "https://en.wikipedia.org/w/index.php?title=Naismith_College_Player_of_the_Year&oldid=835956936"
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Declaration on the Rights of Indigenous Peoples
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The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly on Thursday, 13 September 2007, by a majority of 144 states in favour, 4 votes against (Australia, Canada, New Zealand and the United States) and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine).[1] The work towards this declaration can be seen as far as in 1923 and 1925 by the works of Haudenosaunee Chief Deskaheh and Māori T.W. Ratana who attempted to bring issues of Canada and New Zealand failure to uphold treaties to the League of Nations [precursor to the United Nations].[2][3]
In May 2016 Canada officially removed its objector status to UNDRIP, almost a decade after it was adopted by the General Assembly. By now also the other 3 objectors have, to various degrees, turned their vote.
While as a General Assembly Declaration it is not a legally binding instrument under international law,[4] according to a UN press release it does "represent the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions"; the UN describes it as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation."
UNDRIP codifies "Indigenous historical grievances, contemporary challenges and socio-economic, political and cultural aspirations" and is the "culmination of generations-long efforts by Indigenous organizations to get international attention, to secure recognition for their aspirations, and to generate support for their political agendas."[5] Canada Research Chair and faculty member at the University of Saskatchewan[6][7] Ken Coates argues that UNDRIP resonates powerfully with Indigenous peoples, while national governments have not yet fully understood its impact.[5]
Contents
[hide]
1 Purpose
2 Content
2.1 Provisions
3 Negotiation and adoption
4 Reaction
4.1 Support and compromises
4.1.1 Australia
4.2 Criticism, defiance and "aspirational" nullification
4.2.1 Australia
4.2.2 Canada
4.2.3 New Zealand
4.2.4 United States
4.2.5 United Kingdom
4.2.6 Finland
4.3 Abstentions
4.3.1 Ukraine
4.3.2 Pacific Island states
5 Notes
6 References
6.1 Additional references
7 External links
Purpose[edit]
Due to the past and ongoing violence and abuse of Indigenous individuals and peoples, the UN created this non-legally binding declaration as an aspiration for how Indigenous individuals and peoples should be treated. The Declaration sets out the individual and collective rights of Indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues. It also "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations".[8] It "prohibits discrimination against indigenous peoples", and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".[8][9] The goal of the Declaration is to encourage countries to work alongside indigenous peoples to solve global issues, like development, multicultural democracy and decentralization.[10] According to Article 31, there is a major emphasis that the indigenous peoples will be able to protect their cultural heritage and other aspects of their culture and tradition in order to preserve their heritage from over controlling nation-states.
The elaboration of this Declaration had already been recommended by the Vienna Declaration and Programme of Action.[11]
This declaration is a resolution, meaning it is not a law bearing document. Indigenous people are not considered a country [nation - state] and do not have right to international law protection through the international court of justice. Article 40 states that Indigenous peoples have right to fair procedures for the resolution of conflicts and dispute with countries or other parties, because Indigenous people cannot use the International court of justice, UNDRIP has no indication of which judicial power indigenous peoples are to bring disputes to.[12]
Content[edit]
The Declaration is structured as a United Nations resolution, with 23 preambular clauses and 46 articles. In most articles, an aspiration for how the State should promote and protect the rights of indigenous people is included (see Provision for further explanation). Major themes of the articles include:
Rights of self-determination of indigenous individuals and peoples (Articles 1 - 8; 33 -34)
The difference is between the individual and people’s group
Rights of indigenous individuals and people to protect their culture through practices, languages, education, media, and religion (Articles 9 - 15, 16, 25, and 31)
Asserts the indigenous peoples’ right to own type of governance and to economic development (Articles 17 - 21, 35 -37)
Health rights (Article 23 -24)
Protection of subgroups ex. elderly, women, and children (Article 22)
Land rights from ownership (including reparation, or return of land i.e. Article 10) to environmental issues (Articles 26 -30, and 32)
Dictates how this document should be understood in future reference(Articles 38 - 46).[13]
Provisions[edit]
The opening and Article 2 of the Declaration provide that “indigenous peoples are equal to all other peoples” (source). Besides asserting the rights that indigenous individuals and peoples’ have as other peoples, there are Articles (23 of the 46) pointing to how States should interact with the declaration. Most of the articles point to States working in conjunction with the indigenous peoples. Some measures countries are suggested to take are
to return land (article 26), ceremonial objects (article 12), and human remains (article 12)
To place “programmes for monitoring, maintaining, and restoring the health of indigenous peoples” (article 29 )
To protect and uphold the rights of indigenous individuals and peoples (subpoint in many articles; see Declaration) [14]
Negotiation and adoption[edit]
UN General Assembly
Resolution 61/295
Date
13 December 2007
Code
A/61/295 (Document)
Subject
Indigenous rights
Voting summary
143 voted for
4 voted against
11 abstained
Result
Adopted
The Declaration was over 25 years in the making. The idea originated in 1982 when the UN Economic and Social Council (ECOSOC) set up its Working Group on Indigenous Populations (WGIP), established as a result of a study by Special Rapporteur José Ricardo Martínez Cobo on the problem of discrimination faced by indigenous peoples. Tasked with developing human rights standards that would protect indigenous peoples, in 1985 the Working Group began working on drafting the Declaration on the Rights of Indigenous Peoples. The draft was finished in 1993 and was submitted to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, which gave its approval the following year. During this the International Labour Organisation adopted the Indigenous and Tribal Peoples Convention, 1989.
The Draft Declaration was then referred to the Commission on Human Rights, which established another Working Group to examine its terms. Over the following years this Working Group met on 11 occasions to examine and fine-tune the Draft Declaration and its provisions. Progress was slow because of certain states' concerns regarding some key provisions of the Declaration, such as indigenous peoples' right to self-determination and the control over natural resources existing on indigenous peoples' traditional lands.[15] The final version of the Declaration was adopted on 29 June 2006 by the 47-member Human Rights Council (the successor body to the Commission on Human Rights), with 30 member states in favour, 2 against, 12 abstentions, and 3 absentees.[16]
The Declaration (document A/61/L.67) was then referred to the General Assembly, which voted on the adoption of the proposal on 13 September 2007 during its 61st regular session.[17]
The vote was, in favour 143 countries: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Bahamas, Bahrain, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Cape Verde, Central African Republic, Chile, China, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Finland, France, Gabon, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Micronesia (Federated States of), Moldova, Monaco, Mongolia, Mozambique, Myanmar, Namibia, Nepal, Netherlands, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria, Thailand, Timor-Leste, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Australia, Canada, New Zealand, United States. All four member states that voted against have their origins as colonies of the United Kingdom, and have large non-indigenous immigrant majorities and thriving indigenous populations. Since then, all four countries have moved to endorse the declaration in some informal way in which it would not actually become binding law pleadable in court. Canada, under a Conservative Party leadership made official public statements against the application of the UN DRIP in Canada, e.g.
"Indian Affairs Minister Jim Prentice has stated publicly that the Declaration conflicts with the Canadian Charter of Rights and Freedoms but has never substantiated this extraordinary claim."[18].
However, the Liberal Government elected to leadership in 2015, has unequivocally indicated Canada's support for the UN DRIP and is working on amending Canada's laws accordingly.
Australian government interventions have been challenged under its terms without success.[19]
Abstaining, 11 countries:[20] Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine. Colombia and Samoa have since endorsed the document.[21]
Absent:[22] Chad, Côte d'Ivoire, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gambia, Grenada, Guinea-Bissau, Israel, Kiribati, Kyrgyzstan, Marshall Islands, Mauritania, Montenegro, Morocco, Nauru, Palau, Papua New Guinea, Romania, Rwanda, Saint Kitts and Nevis, São Tomé and Príncipe, Seychelles, Solomon Islands, Somalia, Tajikistan, Togo, Tonga, Turkmenistan, Tuvalu, Uganda, Uzbekistan, Vanuatu.
Reaction[edit]
Support and compromises[edit]
In contrast to the Declaration's initial rejection by Australia, Canada, New Zealand and the United States over legal concerns (all 4 countries later switched their positions to accepting the declaration as a non-legally-binding document), United Nations officials and other world leaders expressed pleasure at its adoption. Secretary-General Ban Ki-moon described it as a "historic moment when UN Member States and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all." Louise Arbour, a former justice of the Supreme Court of Canada then serving as the UN's High Commissioner for Human Rights, expressed satisfaction at the hard work and perseverance that had finally "borne fruit in the most comprehensive statement to date of indigenous peoples' rights."[9] Similarly, news of the Declaration's adoption was greeted with jubilation in Africa[23] and, present at the General Assembly session in New York, Bolivian foreign minister David Choquehuanca said that he hoped the member states that had voted against or abstained would reconsider their refusal to support a document he described as being as important as the Universal Declaration of Human Rights.[24] Bolivia has become the first country to approve the U.N. declaration of indigenous rights. Evo Morales, President of Bolivia, stated, "We are the first country to turn this declaration into a law and that is important, brothers and sisters. We recognize and salute the work of our representatives. But if we were to remember the indigenous fight clearly, many of us who are sensitive would end up crying in remembering the discrimination, the scorn."
Stephen Corry, Director of the international indigenous rights organization Survival International, said, "The declaration has been debated for nearly a quarter century. Years which have seen many tribal peoples, such as the Akuntsu and Kanoê in Brazil, decimated and others, such as the Innu in Canada, brought to the edge. Governments that oppose it are shamefully fighting against the human rights of their most vulnerable peoples. Claims they make to support human rights in other areas will be seen as hypocritical."[25]
Australia[edit]
The Australian Institute of Aboriginal and Torres Strait Islander Studies formally acknowledges and upholds the principles of the Declaration in both their Collection Access and Use Policy[26] and their Guidelines for Ethical Research in Australian Indigenous Studies.[27]
Criticism, defiance and "aspirational" nullification[edit]
Prior to the adoption of the Declaration, and throughout the 62nd session of the General Assembly, a number of countries expressed concern about some key issues, such as self-determination, access to lands, territories and resources and the lack of a clear definition of the term "indigenous".[28] In addition to those intending to vote against the adoption of the declaration, a group of African countries represented by Namibia proposed to defer action, to hold further consultations, and to conclude consideration of the declaration by September 2007.[29] Ultimately, after agreeing on some adjustments to the Draft Declaration, a vast majority of states recognized that these issues could be addressed by each country at the national level.
The four states that voted against continued to express serious reservations about the final text of the Declaration as placed before the General Assembly.[30] As mentioned above, all four opposing countries have since then changed their vote in favour of the Declaration.
Australia[edit]
Australia's government opposed the Declaration in the General Assembly vote of 2007, but has since endorsed the Declaration. Australia's Mal Brough, Minister for Families, Community Services and Indigenous Affairs, referring to the provision regarding the upholding of indigenous peoples' customary legal systems, said that "There should only be one law for all Australians and we should not enshrine in law practices that are not acceptable in the modern world."[17]
Marise Payne, Liberal Party Senator for New South Wales, further elaborated on the Australian government's objections to the Declaration in a speech to the Australian Senate:[31]
Concerns about references to self-determination and their potential to be misconstrued.
Ignorance of contemporary realities concerning land and resources. "They seem, to many readers, to require the recognition of Indigenous rights to lands which are now lawfully owned by other citizens, both Indigenous and non-Indigenous, and therefore to have some quite significant potential to impact on the rights of third parties."[31]
Concerns over the extension of Indigenous intellectual property rights under the declaration as unnecessary under current international and Australian law.
The potential abuse of the right under the Declaration for indigenous peoples to unqualified consent on matters affecting them, "which implies to some readers that they may then be able to exercise a right of veto over all matters of state, which would include national laws and other administrative measures."[31]
The exclusivity of indigenous rights over intellectual, real and cultural property, that "does not acknowledge the rights of third parties – in particular, their rights to access Indigenous land and heritage and cultural objects where appropriate under national law."[31] Furthermore, that the Declaration "fails to consider the different types of ownership and use that can be accorded to Indigenous people and the rights of third parties to property in that regard."[31]
Concerns that the Declaration places indigenous customary law in a superior position to national law, and that this may "permit the exercise of practices which would not be acceptable across the board",[31] such as customary corporal and capital punishments.
In October 2007 former Australian Prime Minister John Howard pledged to hold a referendum on changing the constitution to recognise indigenous Australians if re-elected. He said that the distinctiveness of people's identity and their rights to preserve their heritage should be acknowledged.[32]
On 3 April 2009, the Rudd Government formally endorsed the Declaration.[33]
Canada[edit]
The Canadian government said that while it supported the "spirit" of the declaration, it contained elements that were "fundamentally incompatible with Canada's constitutional framework",[17] which includes both the Charter of Rights and Freedoms and Section 35, which enshrines aboriginal and treaty rights. In particular, the Canadian government had problems with Article 19 (which appears to require governments to secure the consent of indigenous peoples regarding matters of general public policy), and Articles 26 and 28 (which could allow for the re-opening or repudiation of historically settled land claims).[34]
Former Minister of Indian Affairs and Northern Development Chuck Strahl described the document as "unworkable in a Western democracy under a constitutional government."[35] Strahl elaborated, saying "In Canada, you are balancing individual rights vs. collective rights, and (this) document ... has none of that. By signing on, you default to this document by saying that the only rights in play here are the rights of the First Nations. And, of course, in Canada, that's inconsistent with our constitution." He gave an example: "In Canada ... you negotiate on this ... because (native rights) don't trump all other rights in the country. You need also to consider the people who have sometimes also lived on those lands for two or three hundred years, and have hunted and fished alongside the First Nations."[36]
The Assembly of First Nations passed a resolution in December 2007 to invite Presidents Hugo Chávez and Evo Morales to Canada to put pressure on the government to sign the Declaration on the Rights of Indigenous Peoples, calling the two heads of state "visionary leaders" and demanding Canada resign its membership on the United Nations Human Rights Council.[37]
On 3 March 2010, in the Speech From the Throne, the Governor General of Canada announced that the government was moving to endorse the declaration. "We are a country with an Aboriginal heritage. A growing number of states have given qualified recognition to the United Nations Declaration on the Rights of Indigenous Peoples. Our Government will take steps to endorse this aspirational document in a manner fully consistent with Canada’s Constitution and laws."
On 12 November 2010, Canada officially endorsed the declaration but without changing its position that it was 'aspirational'.[38]
Anishinabek spiritual leader, Chief William Commanda (1908-3 August 2011) was honoured at the 21st annual week-long First Peoples' Festival held in Montreal from 2–9 August 2011, celebrating Canada's 2010 adoption of the U. N. declaration. AFN Innu representative, Ghislain Picard's tribute praised Grandfather Commanda for his work that was "key not only in the adoption of the U.N. declaration, but in all the work leading up to it throughout the last 25 years."[39]
In 2015, Romeo Saganash (a Cree Member of Parliament for Abitibi—Baie-James—Nunavik—Eeyou) sponsored Private Member's Bill C-641, the "United Nations Declaration on the Rights of Indigenous Peoples Act", which would have required the Canadian government to ensure that the laws of Canada are in harmony with UNDRIP but it was defeated on May 6, 2015.[40]
In 2016, Canada officially adopted and promised to implement the declaration fully. Speaking at the UN Permanent Forum on Indigenous Issues, Indigenous and Northern Affairs Canada minister Carolyn Bennett announced, "We are now a full supporter of the declaration, without qualification. We intend nothing less than to adopt and implement the declaration in accordance with the Canadian Constitution."[41] Bennett described the Declaration as "breathing life into Section 35 [of the Canadian Constitution] and recognizing it as a full box of rights for Indigenous Peoples in Canada."[41] In July 2016, Kwakwaka’wakw Justice Minister Jody Wilson-Raybould gave a speech that stated that "adopting the UNDRIP as being Canadian law are unworkable", due to its incompatibility with the Indian Act, the current governing statute.[42]
The federal government pledged on 21 June 2017 to rename its National Aboriginal Day to be consistent with the terminology used by the Declaration.[43]
In September 2017, British Columbia provincial government announced that it will govern in accordance with the principles outlined in the Declaration.[44]
New Zealand[edit]
New Zealand delegation at the United Nations Permanent Forum on Indigenous Issues. New Zealand endorsed the Declaration on the Rights of Indigenous Peoples in April 2010.
In 2007 New Zealand's Minister of Māori Affairs Parekura Horomia described the Declaration as "toothless", and said, "There are four provisions we have problems with, which make the declaration fundamentally incompatible with New Zealand's constitutional and legal arrangements." Article 26 in particular, he said, "appears to require recognition of rights to lands now lawfully owned by other citizens, both indigenous and non-indigenous. This ignores contemporary reality and would be impossible to implement."[45]
In response, Māori Party leader Pita Sharples said it was "shameful to the extreme that New Zealand voted against the outlawing of discrimination against indigenous people; voted against justice, dignity and fundamental freedoms for all".[46]
On 7 July 2009, the New Zealand government announced that it would support the Declaration; this, however, appeared to be a premature announcement by Pita Sharples, the current Minister of Māori Affairs, as the New Zealand government cautiously backtracked on Sharples' July announcement.[47] However, on 19 April 2010, Sharples announced New Zealand's support of the declaration at a speech in New York.[48][49]
United States[edit]
Speaking for the United States mission to the UN, spokesman Benjamin Chang said, "What was done today is not clear. The way it stands now is subject to multiple interpretations and doesn't establish a clear universal principle."[50] The U.S. mission also issued a floor document, "Observations of the United States with respect to the Declaration on the Rights of Indigenous Peoples", setting out its objections to the Declaration. Most of these are based on the same points as the three other countries' rejections but, in addition, the United States drew attention to the Declaration's failure to provide a clear definition of exactly whom the term "indigenous peoples" is intended to cover.[51]
On 16 December 2010, President Obama declared that the United States would "lend its support" to the Declaration. The decision was announced during the second White House Tribal Nations Conference, where he said he is "working hard to live up to" the name that was given to him by the Crow Nation: "One Who Helps People Throughout the Land." Obama has told Native American leaders that he wants to improve the "nation-to-nation" relationship between the United States and the tribes and repair broken promises. Today, there are more than 560 Indian tribes[52] in the United States that are recognized at the federal level, with some sixty-plus tribes recognized at the state level. Many had representatives at the White House conference and applauded Obama's announcement.[53]
The Obama administration's decision came after three consultation meetings with Native Americans and more than 3,000 written comments on the subject.[54] The support of the government also included several interpretations of the meaning of the Declaration. In the view of the United States government, the Declaration advances "a new and distinct international concept of self-determination specific to indigenous peoples," which is not the same as the existing concept in international law.[54] The statement also interprets free, prior, and informed consent, "which the United States understands to call for a process of meaningful consultation with tribal leaders, but not necessarily the agreement of those leaders, before the actions addressed in those consultations are taken."[54]
United Kingdom[edit]
Speaking on behalf of the United Kingdom government, UK Ambassador and Deputy Permanent Representative to the United Nations, Karen Pierce, "emphasized that the Declaration was non-legally binding and did not propose to have any retroactive application on historical episodes. National minority groups and other ethnic groups within the territory of the United Kingdom and its overseas territories did not fall within the scope of the indigenous peoples to which the Declaration applied."[55]
The UK position was also clearly intended to prevent formal appeal of Canadian decisions to UK courts: Canadian indigenous peoples never accepted the 1982 constitution in which such appeal (regarding early treaties made with the Crown of the British Empire) was cut off. Under the prior 1867 constitution, 1920s Dominion of Canada and earlier law, which continue to apply to these peoples and treaties, the UN DRIP could have been pleaded in a UK court in conflicts between treaty and Canadian law. Calls to pursue this approach have been common among Canadian natives. [6]
Finland[edit]
Finland signed the International Declaration on the Rights of Indigenous Peoples when it was originally put forward.[56][57] However the reindeer owners and Forest Administration (Metsähallitus) have a long dispute in the area of the forests.[58] The UN Human Rights Committee ordered the Finnish State to stop logging in some of the disputed areas.[citation needed]
Abstentions[edit]
Ukraine[edit]
Ukraine, which initially abstained from adopting the Declaration, changed its approach to indigenous issues in response to the recent annexation of Crimea, asserting that Crimean Tatars are an Indigenous people. In May 2014, the country formally endorsed the UNDRIP.[59]
Pacific Island states[edit]
Ten UN member states in the Pacific, all with indigenous majorities, were absent from the assembly at the time of the vote: Fiji, Kiribati, Marshall Islands, Nauru, Palau, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu. It is unclear whether this represents the equivalent of deliberate abstention, or whether the country delegations were absent for some other reason. The constitutions of these states typically make mention of "indigenous inhabitants" and accommodate customary laws in at least part of their modern legal systems. The constitution of Papua New Guinea, for example, has an explanatory section on the "underlying law" being based on custom, while Sch.1.2. says that "custom" means "the customs and usages of indigenous inhabitants of the country ..." (emphasis added). It may be the case, therefore, that the governments of these states took the position that their own legal systems offered sufficient protection to their own indigenous peoples. There has been no suggestion at any time since decolonisation commenced in the 1960s and the present that indigenous people are absent from any of the ten countries.
Nonetheless, Papua New Guinea and Vanuatu are among countries in this group plagued by land grabbing in recent years.[60] Researchers have warned that as much as 12% of the land surface of Papua New Guinea has been leased without informed consultation and consent from landowners, typically suppressing customary rights for 99 years.[61] Given that land grabbing was recently ruled to lie within the remit of the International Criminal Court,[62] it is a reasonable conclusion that legal systems in the Pacific, unsupported by UNDRIP, have insufficient built-in safeguards for the protection of indigenous rights.
There are also significant implications in the extractive sector for these states not having signed UNDRIP. Mining companies that are members of the International Council on Mining and Metals commit to respect the ICMM's position statement on indigenous peoples. However, ambiguity surrounds how or if member companies recognise when they are dealing with indigenous peoples. For example, Barrick Gold lists only its operations in North and South America as lying on indigenous land, yet operates in Fiji and Papua New Guinea (where a subsidiary has operated the Porgera gold mine since 2007).[63] Another member, Newmont Mining, said in its 2011 Sustainability Report[64] that it had been conducting mining exploration in Papua New Guinea for three years, yet its disclosures do not show how activities in this country may have followed the ICCM's Indigenous Peoples and Mining Good Practice Guide, first published in 2010.
Notes[edit]
References[edit]
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^ Jump up to: a b Coates, Ken (18 September 2013), Ken Coates; Terry Mitchell, eds., From aspiration to inspiration: UNDRIP finding deep traction in Indigenous communities, The Rise of the Fourth World, The Centre for International Governance Innovation (CIGI), retrieved 20 September 2013
Jump up ^ Ferguson, Mark (October 12, 2011). "News". News.usask.ca. Archived from the original on September 25, 2013. Retrieved December 24, 2013.
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Jump up ^ "Uphold International Law". www.un.org. Retrieved 2017-12-14.
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Additional references[edit]
UN (18 March 2008), United Nations Declaration on the Rights of Indigenous Peoples (PDF), United Nations, retrieved 20 September 2013
External links[edit]
Wikisource has original text related to this article:
Draft United Nations Declaration on the Rights of Indigenous Peoples
Wikisource has original text related to this article:
Declaration on the Rights of Indigenous Peoples
United Nations Declaration on the Rights of Indigenous Peoples as Adopted by the General Assembly, 13 September 2007 Full text of the Declaration.
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