THE
UN HUMAN RIGHTS COMMITTEE WILL QUESTION THE UNITED STATES ABOUT
INDIGENOUS PEOPLES’ SACRED AREAS AND FREE PRIOR AND INFORMED CONSENT IN
THEIR UPCOMING REVIEW OF U.S. COMPLIANCE WITH THE INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS
April 25th, 2013: The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations (UN) General Assembly on December 16, 1966. It went into legal force on March 23rd, 1976. The United States of America is one of the 167 countries, called the “State parties”, which have ratified the Covenant.
The
ICCPR is legally binding on the State parties. State parties are
required to undergo periodic reviews of their compliance with the
Covenant, usually every 4 - 6 years. The UN Human Rights Committee
(HRC) is the Treaty Monitoring Body for the ICCPR. The HRC conducts
periodic reviews of the State parties and makes recommendations to the
States about how to improve their compliance and better fulfill their
legal obligations under the Covenant.
The
HRC consists of 18 members representing all the UN regions. They are
nominated and elected by the State parties to the Covenant. The HRC
members are independent experts (not representatives of their respective
countries) and serve in their individual capacities. For a list of
current HRC members see: http://www2.ohchr.org/english/bodies/hrc/members.htm.
Reports
submitted by the State parties under review, provisional agendas and
other relevant documents for the next session, including submissions by
Civil Society and Indigenous Peoples, are posted on the UN Office of the
High Commissioner on Human Rights website, http://www2.ohchr.org/english/bodies/hrc/.
Recommendations and concluding observations of the HRC addressing the
State parties’ compliance are also posted after the reviews.
During its 107th session ending on March 28th, 2013, the HRC determined the issues which will be the focus of their review of 8 countries at their 109th session from October 14th – November 1st, 2013. The United States will be reviewed at that time. The list of issues for the US review is posted on the HRC web page, under 107th session, information on the US.
In
December 2012, the International Indian Treaty Council (IITC) and the
United Confederation of Taino People, with input from Indigenous
Peoples, Nations and organizations in California, Hawaii, Alaska and New
Mexico, submitted two proposals for issues to be addressed during the
US review. These focused on Article 1 of the Covenant addressing
Self-Determination and Articles 18 and 27 addressing Language, Culture
and Freedom of Religion for “minorities” and highlighted the relevant
provisions in the UN Declaration on the Rights of Indigenous Peoples (Note:
as a UN Standard drafted in the 1960’s the term “Indigenous Peoples”
was not used in the Covenant, however the HRC now uses this term).
The
HRC accepted the recommendations submitted by IITC et al pertaining to
Article 27 of the ICCPR, and has drafted questions for response by the
US and Indigenous Peoples as follows:
27.
Please provide information on measures taken to guarantee the
protection of Indigenous Sacred Areas, as well as to ensure that
indigenous peoples are consulted and that their free, prior and informed
consent is obtained regarding matters that directly affect their
interests. Please provide information on steps taken to implement
Executive Order 13175 on Consultation and Coordination with Tribal
Governments.
The
HRC will accept alternative or “shadow” reports with information in
response to these questions and related concerns from Indigenous
Peoples, Nations, Tribes and organizations as well as from Civil
Society. The alternative reports are due by September 1st
for the October session. The HRC requests information that is “as
specific, reliable and objective as possible”, identifying the
submitting non-governmental organization (NGO) or Peoples. Anonymous
information is not accepted. Check the HRC web page on for additional
information and guidelines on submissions by NGO’s and Indigenous
Peoples.
IITC
plans to co-coordinate submission of a joint Indigenous Peoples "shadow
report" on threats to Indigenous Peoples sacred areas, cultural rights,
the right to Free Prior and Informed Consent and other relevant
concerns for the US review. On request, we will provide technical
assistance and information to Indigenous Peoples and organizations who
want to submit their information and issues as part of the IITC joint
shadow report or on their own.
As
a reminder, we are also preparing for the periodic review of the US by
the UN Committee on the Elimination of Racial Discrimination (CERD), the
Treaty monitoring Body for the UN Convention on the Elimination of All
Forms of Racial Discrimination. The CERD will review the US again in
early 2014, and we are beginning to work on those submissions as well.
Contact IITC for information on that process, which will also address
the protection of Indigenous Peoples Sacred Areas and Cultural Rights,
Treaty rights, Environmental Racism and a number of other issues. IITC
has an on-line handbook on using the CERD including its urgent action
process which we will provide upon request.
If
you are interested in receiving more information, scheduling a
presentation or training, or contributing to the joint Indigenous
Peoples shadow report for the HRC focusing on sacred areas, cultural
rights and Free Prior and Informed Consent please contact:
IITC Legal Counsel Danika Littlechild, danika@treatycouncil.org
Consulting Attorney June L. Lorenzo (Southwest Sacred Areas),
IITC Executive Director Andrea Carmen, andrea@treatycouncil.org
IITC
looks forward to working with you on this important opportunity to
address issues of vital importance to Indigenous Peoples and to
participate in an international process to hold the US accountable to
their human rights obligations.
