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. Because the Bighorn Medicine Wheel has not been claimed by a specific Native American nation and multiple nations hold the site as sacred, some UNDRIP articles are harder to apply to this case than in other cases. Additionally, Native American advocacy groups mark this case as a victory, so the application of UNDRIP post-2011 is not about achieving a goal. A few articles that do apply are 11.1 and 19.
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. Multiple Native American nations practice traditional religious customs at Medicine Wheel, and the cooperation of Native coalition groups and federal and state land management groups secured protection of Medicine Wheel that will sustain future generations and development of such practices at this site.
Article 19: States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. Medicine Wheel is one instance of good-faith consulting and cooperation between land management officials and NativeAmerican groups, resulting in an increase in the park’s borders and thus an increase in protected land, rules for visitors to follow in deference to Native Americans who might be conducting ceremonies at the site, and a victory for the Native American peoples who regard Medicine Wheel as sacred.
