If applied to the Penobscot River case, the United Nations Declaration on the Rights of Indigenous People (UNDRIP) could be used to argue for increased Native sovereignty over the river. Article 26 maintains that indigenous people “have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.” This definition would include the Penobscot River as a traditionally owned territory or resource, moving the needle on the 1st Circuit Appeals Court’s claim that the Penobscot Indian Reservation only includes island land. Additionally, Article 18 states that indigenous people have the right to “participate in decision-making matters which would affect their rights”, in accordance with their own tribal institutions and/or procedures. This Article would support increased involvement of the Penobscot Indian Nation in legal decisions made about the Penobscot River, and recognize their tribal courts as sites of decision-making about the river.
The UNDRIP also could be applied to call into question government actions towards the Penobscot Indian Nation. Article 29 specifically stipulates that states should “ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.” As the PIN did not consent to the disposal of chemicals in the Penobscot River, the UNDRIP stipulates that the government take action to prevent this from happening.
See the full text of UNDRIP for more information, especially Articles 11, 12, 18, 19, 20, 26, and 29 for their direct relevance to the Penobscot River case.
