The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was passed in 2007. It outlines the various human rights held by Indigenous peoples and was supported by 143 countries in the UN general assembly. Although initially voting against its adoption, the United States eventually lent its support to the document in 2010 under the Obama administration. Below are articles selected from UNDRIP relevant to this case.
Article 11.1: Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. Whaling counts as a ceremony in Makah culture and tradition, thus they have a right to continue whaling but also to develop the “future manifestation” of whaling. If employed, this article would help fight against those who believe that the Makah should only be allowed to whale if they do it exactly as they did in the early 1900s and not in the way that the Makah Tribe and IWC agreed upon in 1999.
Article 25: Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. This article protects Makah whaling as a responsibility to the ocean, to the whale, and to themselves as Makah members. It also protects their right to continue the spiritual connection of whaling to ensure the pride and social cohesion of future generations.
Article 37: Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements. The Makah Tribe has a treaty right to whale but is not allowed to exercise it currently, though scientists agree that the exercise of this right would do no harm to the grey whale population. Patrick DePoe, Makah Tribal Council member, says,
“It shouldn’t have taken 20 years to be where we’re at now… People ask how it makes me feel. I want to ask, ‘How does it make you feel that this is the process we’re having to go through to exercise a right that’s already been agreed upon?’ It’s a treaty right. It’s settled law.”
Patrick DePoe, Makah Tribal Council member1Associated Press, “Makah Tribe in Washington hopes to hunt whales again after 20 years of legal fights and layers of scientific review,” The Oregonian online, November 15, 2019, https://www.oregonlive.com/environment/2019/11/makah-tribe-in-washington-hopes-to-hunt-whales-again-after-20-years-of-legal-fights-and-layers-of-scientific-review.html.
Article 40: Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights. The Makah have been trying to whale again for fifteen years of administrative proceedings. If this article was employed, it is possible that the animal rights extremists would not be given so much room to delay the Makah proceedings.
