Chickaloon Invites United Nations to Investigate Water Pollution

Here is the press release: Press release chickaloon communication

An excerpt:

Chickaloon Native Village, a federally-recognized Athabascan Indian Tribal government in Alaska, filed a communication to the United Nations Independent Expert on the human right to water and sanitation in conjunction with her first official visit to the United States, which began today.

Chickaloon Village’s submission asserts that the new open-pit coal strip mine in its traditional territory proposed by the Usibelli Corporation would contaminate local drinking water sources as well as rivers, streams and groundwater that support salmon, moose and other animals and plants vital for subsistence, religious and cultural practices. The US Federal Government and the State of Alaska have, to date, not responded to Chickaloon’s firmly-stated opposition to the mine.

The visit to the US by the Independent Expert, Mrs. Catarina de Albuquerque, a Portuguese human rights expert appointed by the UN Human Rights Council, includes stops in Washington DC, Boston Massachusetts and Northern California, where she will meet with the Winnemem Wintu and other Indigenous representatives. Her US visit will end on March 2, 2011.

During her visit she will meet with the US State Department and relevant Federal agencies as well organizations, communities and experts to receive information regarding the human right to water and sanitation and the federal and state policies and practices that affect this right. She is expected to make recommendations to the US government at the conclusion of her visit.

ACLU Shadow Report to U.S. Human Rights Report to United Nations

Here.

The United States’ report is here.

Kim Teehee Remarks before the United Nations

Remarks of Kimberly Teehee, Senior Policy Advisor for Native American Affairs, White House Domestic Policy Council, at the United Nations Permanent Forum on Indigenous Issues

Kimberly Teehee
Senior Policy Advisor for Native American Affairs

New York, NY
April 22, 2010

FOR IMMEDIATE RELEASE
Good afternoon, I am honored to be with you today. I want to begin by thanking the members of the Permanent Forum and representatives of the indigenous peoples, many of whom have travelled great distances to participate in this event. Your commitment to address the many important issues that indigenous peoples face around the world is remarkable.

At the outset of my remarks, I want to acknowledge that the United States has a unique legal and political relationship with 564 federally recognized Indian tribes, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. President Obama is committed to strengthening and building on the government-to-government relationship between the United States and Indian tribes.

Tribal communities have contributed greatly to America’s cultural, social, and political traditions. Throughout our land, we have a diversity of indigenous cultures with rich religious traditions. Native religious practices and their expression through song and dance endure and flourish despite wayward attempts to extinguish them during less enlightened times. Tribal cultural practices add to the fabric of the United States.

From the American Revolution to military missions in Iraq and Afghanistan, Native people have served valiantly in the Armed Forces of the United States. Many brave Native men and women have made the ultimate sacrifice fighting and shedding blood for this country.

In so many ways, the First Americans have added to the wealth and betterment of the United States and the American people. Despite the contributions they have made, we have not always responded in kind. All too often, federal policies undermined the ability of Indian tribes to build strong, self-sufficient and self-governing tribal communities. When the United States adopted misguided policies, the First Americans suffered greatly.

The history of our First Americans is a history that we must acknowledge to avoid repeating our mistakes. The Native people once owned this continent and they were often dispossessed of their lands by threat of war or unbridled encroachment in the name of westward expansion. When Native people stood in the way, they were often forcefully removed. Many Americans have heard of the brutality of the Cherokee Removal called the Trail of Tears. But the Cherokees were not alone as vast communities throughout the east from New York to Florida were moved at the tip of the bayonet – their homelands forever taken.

When their tribal lands were dramatically diminished, the United States adopted a policy aimed to acculturate American Indians by breaking up their remaining tribal lands into individual allotments. There were other misguided attempts at forced assimilation – outlawing of Native religions as well as dance and song, taking of Indian children and forcing them into boarding schools which banished their language, dress, and ways of their people. The federal policy of termination was designed to end the political existence of tribal governments. In this history, there are important lessons and guidance from destructive policies that sunk tribal communities deeper into the cycle of poverty and despair.

Experience also shows us the type of policies that build the foundation for tribal communities to flourish culturally, socially and economically. Our more recent history demonstrates that tribal self-determination – the ability of tribal governments to determine how to build and sustain their own communities is necessary for successful and prospering communities. The federal policy of tribal self-determination is guided by the deep and abiding belief that tribal governments are in the best position to decide the direction of their future.

More than forty years since the United States adopted this policy of greater tribal autonomy, the record is clear—tribal self-determination has been successful. It has enabled tribal governments to establish, develop and enhance tribal institutions and infrastructure ranging from those addressing the health, education and welfare of their communities to those such as tribal courts, fire protection and law enforcement which have allowed them to better protect their communities. The clear lesson is that empowering tribes to deal with the challenges they face and taking advantage of the available opportunities will result in tribal communities that thrive.

Despite the success of this policy, the devastating consequence of the past still haunts us. Tribal communities still suffer among the most challenging socioeconomic conditions. Some reservations face unemployment rates of up to 80 percent. Nearly a quarter of all Native Americans live in poverty. Approximately 14 percent of homes on reservations don’t have electricity; and 12 percent don’t have access to a safe water supply.

Poverty often breeds crime. Native communities are faced with an increase of youth gangs engaged in drug trade. Some tribes have experienced rates of violent crime twice, four times, and at times more than 10 times the national average. Most tragically is the fact that one in three Native women will be raped in their lifetimes, which President Obama called this “an assault on our national conscience that we can no longer ignore” when he addressed tribal leaders at the White House Tribal Nations Conference last year.

Perhaps the greatest victims of poverty and violent crime on reservations are the children. Native Americans face some of the lowest matriculation rates and the highest high school and college dropout rates.

In addition, Native Americans face disproportionate health disparities compared to the general population. Native Americans die of illnesses like tuberculosis, alcoholism, diabetes, pneumonia, and influenza at far higher rates than the rest of the population.

Though our challenges are difficult, our future is far from bleak. President Obama believes that tribal leaders must be part of the solution if we are going to address the needs of Native Americans. We must begin a new era in the United States’ relationship with tribal governments, one that is built on mutual respect. By working together, on a government-to-government basis, we can realize a future where Native people live long and healthy lives in safe communities, are able to pursue economic self-sufficiency, and where their children and grandchildren can have an equal opportunity at pursuing the American dream.

To address the myriad challenges facing tribal communities, we have taken a number of steps to strengthen the government-to-government relationship between the United States and Indian tribes.

First, President Obama promised greater engagement with tribal leaders. In November, the President invited representatives from each of the 564 federally recognized Indian tribes to attend a White House Tribal Nations Conference. Nearly 400 tribal leaders attended, making it the most widely attended interactive White House tribal meeting with the President, Cabinet Secretaries, senior officials, and Members of Congress in history. The White House held listening sessions with tribal leaders and representatives from tribal organizations on health care, energy development, tribal consultation, job creation and education. The level of engagement with tribal leaders is extraordinary and continues outside of Washington, D.C. Our federal agencies are engaged in unprecedented outreach to tribal communities.

Second, President Obama believes Native Americans need representation in the Federal government to properly reflect their needs and views. History has shown that failure to include voices of tribal officials in formulating policy affecting their communities has all too often led to undesirable and, at times, devastating tragic results. To ensure that Native Americans are represented in this Administration, President Obama appointed Larry Echo Hawk of the Pawnee Nation as Assistant Secretary of the Interior for Indian Affairs, Dr. Yvette Roubideaux of the Rosebud Sioux tribe as the Director of the Indian Health Service, Hilary Tompkins of the Navajo Nation as the Solicitor of the Interior, Lillian Sparks of the Rosebud and Oglala Sioux Tribes as Commissioner for the Administration for Native Americans, Mary McNeil of the Winnebago Tribe as Deputy Assistant Secretary for Civil Rights for the United States Department of Agriculture, and Jodi Gillette of the Standing Rock Sioux Tribe as Deputy Associate Director of the White House Office of Intergovernmental Affairs. Working with tribal leaders, this team is helping shape federal policies that impact tribal communities.

Third, President Obama is committed to regular and meaningful consultation with tribal leaders. Marking a new era in the United States’ relationship with tribal governments, the President signed a Memorandum on November 5, 2009, directing every federal agency to develop a plan to fully implement Executive Order 13175, “Consultation and Coordination with Tribal Governments.” This Order mandates that all agencies have an accountable process for meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. The federal agencies are implementing consultation plans and the level of tribal consultation is at historic levels.

Fourth, President Obama recognizes that a comprehensive response to address the needs of tribal communities means federal agencies must work together. Federal officials across various agencies are working together on a wide range of issues to improve the lives of Native Americans.

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CERD Concluding Observations Address Discrimination Against Native Americans

The Committee for the Elimination of Racial Discrimination (CERD) included several recommendations focused on discrimination against Native Americans in its concluding observations on the latest periodic report submitted by the United States. It expressed particular concerns about persistent sexual violence against Native American women, the failure of the U.S. to consult with indigenous peoples before taking actions on lands of cultural and religious significance to them, and the lack of follow up on its earlier recommendations on the situation of Western Shoshone indigenous peoples and their lands. Its recommendations included:

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UN CERD Shadow Report on US Race Discrimination Against Indigenous Peoples

International Treaty Council Shadow Report

Anaya & Weissner on the UN Declaration

from Jurist:

The UN Declaration on the Rights of Indigenous Peoples: Towards Re-empowerment

JURIST Guest Columnists S. James Anaya of the Rogers College of Law, University of Arizona, and Siegfried Wiessner of St. Thomas University School of Law say that the UN General Assembly’s recent landslide adoption of the UN Declaration on the Rights of Indigenous Peoples is a milestone in the re-empowerment of the world’s aboriginal groups, and that, in important parts, it reaffirms customary international law in the field …


The UN General Assembly’s adoption of the UN Declaration on the Rights of Indigenous Peoples on September 13, 2007 marked the end of a long journey, a milestone in the long and arduous march of what have come to be known as “indigenous peoples” through the major institution of organized intergovernmental society: the United Nations. It was a day of celebration for indigenous leaders and their rank and file scattered around the globe, united in a common fate of conquest, dispossession, marginalization and neglect, but also in the joy of rising again.

When the United Nations Working Group on Indigenous Populations was established in 1982, one of its key missions was the establishment of a declaration of rights of indigenous peoples. Indigenous peoples from around the world trekked to the Palais des Nations in Geneva each summer afterwards to articulate their claims to the members of the Working Group and state delegations. In 1993, under the inspirational leadership of long-time Chairperson Mrs. Erica-Irene Daes, agreement was reached by the Working Group on a “Draft Declaration on the Rights of Indigenous Peoples.” This draft became the basis for discussion within the UN Commission on Human Rights, which was replaced in 2006 by the Human Rights Council. In its first substantive decision, the Council on June 29, 2006, by a vote of 30 in favor, 2 against and 12 abstentions, adopted a revised text of the Declaration, and passed it on to the General Assembly for its final approval.