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. UNDRIP “establishes a universal framework of minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.”
Article 11 holds that “Indigenous peoples have the right to practise and revitalize their cultural traditions and customs” which includes “past, present and future manifestations of their cultures, such as archaeological and historical sites… [and] ceremonies.” Native Americans are entitled to their own religious freedom, and this should hold constant in whatever environment they find themselves in. Incarcerated people find themselves stripped of many of their basic freedoms upon entering a prison environment. However, they should still be able to maintain their freedom of religion, and this should be applied for religions other than the dominant Christianity.
No religious practice or faith should be considered a “burden” to accommodate. Cases like Rich v. Jeanne have demonstrated disdain and disrespect towards the observance of the practices of different Indigenous peoples. Had UNDRIP norms been applied to prior cases, we might have seen more victories with regard to Native American access to sweat lodges while in a prison environment.
