Section 106 and the U.N. Declaration on the Rights of Indigenous Peoples: Intersection and Common Issues: Article 18 and Section 106
SECTION 106 AND THE U.N. DECLARATION ON THE RIGHTS OF
INDIGENOUS PEOPLES: INTERSECTIONS AND COMMON ISSUES:
ARTICLE 18 AND SECTION 106
The Advisory Council on Historic Preservation (ACHP) adopted a plan to support the U.N. Declaration on the Rights of Indigenous Peoples (Declaration) on March 1, 2013. In the plan, the ACHP commits to raising awareness about the Declaration in the historic preservation community and incorporating the principles and aspirations of the Declaration into ACHP initiatives and programs. As part of the effort to raise awareness, the ACHP also committed to developing guidance on the intersection of the Section 106 process and the Declaration.
In recognition that the Declaration is an international instrument written to be relevant to many nations and indigenous peoples, the ACHP has liberally interpreted the language and intention of the articles in the Declaration. The ACHP has identified nine articles that intersect with the mission and work of the ACHP and with the Section 106 review process. They are Articles 8, 11, 12, 15, 16, 18, 25, 31, and 38. This guidance addresses the relationship between Article 18 and the tribal and Native Hawaiian organization (NHO) consultation requirements in the Section 106 process. Future guidance will address the other articles.