COMMITTEE ON THE ELIMINATION OF
RACIAL DISCRIMINATION
EXAMINATION OF THE UNITED STATES 4th, 5th, and 6th PERIODIC REPORTS
OF APRIL, 2007
RACIAL DISCRIMINATION AGAINST INDIGENOUS PEOPLES
IN THE UNITED STATES
CONSOLIDATED INDIGENOUS SHADOW REPORT
Submitted by Alberto Saldamando
International Indian Treaty Council
2390 Mission Street, Suite 301
San Francisco, California, 94110 USA
Tel: + (415) 641-4482
Fax: + (415) 641-1298
Email: alberto@treatycouncil.org
http://www.treatycouncil.org
Dedicated to Floyd Redcrow Westerman
American Indian Movement Statesman, Warrior,
IITC Spokesman, Leader and Guide
Who passed into the Spirit World on December 13, 2007
ACKNOWLEDGMENTS
We gratefully acknowledge all of the testimonies provided by Indigenous Peoples, Nations, Organizations and individuals that, in their own words, make up the substance of this Shadow Report. Although not all could be included, all contributed to whatever richness and scope it may have. Contributions and testimonies are cited in the body of the report.
This Shadow Report is an enlargement of the US National Indigenous Shadow Report. Contributors include: Alberto Saldamando, Working Group Co-coordinator, International Indian Treaty Council; Julie Fishel, Working Group Co-coordinator, Western Shoshone Defense Project; Hope Clark, Candidate for Masters in Intercultural Service, Leadership, and Management from the School for International Training; Manuel Pino, Professor, Scottsdale Community College; Josh Clark; Jaime Arsenault; Roxanne Ornelas, University of Minnesota; Sakura Saunders, CorpWatch; and, Andrea Carmen, International Indian Treaty Council.
TABLE OF CONTENTS
Executive Summary 1
Introduction – Major Concerns and the UN Declaration on the rights of Indigenous Peoples 3
The Obligation to Report on Indigenous Peoples 5
I.Omissions of the US Periodic Report 5
II.Un-recognized Indigenous Peoples 6
III.Indian Reservation Apartheid 7
A. Life Expectancy on the Indian Reservation 8
B. Unemployment and Poverty in Employment 9
C. Disproportionate Victimization, Incarceration and Sentencing 10
Racially Discriminatory Constitutional Foundations 13
I.The Marshall Trilogy: The Origins of Racist Constitutional Doctrine 13
A. The Plenary Powers Doctrine 14
B. The “Trust” Relationship 15
II.Current Application of Racist Constitutional Doctrines 16
A. The Termination of Recognized Indian Tribes 17
B. The Abrogation of Treaties between the United States and Indigenous Peoples 20
C. The Continuing “Taking” of Indian Lands 22
D. The Corruption of the “Trust” Doctrine 24
E. The Continuing Denial of the Right of Self Determination: “Criminal” Jurisdiction 26
III.The Failure of Recognition of Indigenous Peoples as Peoples 28
A. “Unrecognized” Indigenous Tribes 28
B. Alaskan Native Peoples 29
C. Native Hawai’ians 31
D. The Indigenous Peoples of Puerto Rico and Guam 32
Sacred Lands and the Right of Spiritual Practice 33
I.Sacred Lands 34
A. Recognized Tribes and Treaty Rights: The Lakota Nation and Bear Butte (Mato Paha), Black Hills, South Dakota: 36
B. Dishonored Treaty, Seeking Recognition: The Winnemmem Wintu of Northern California, McCloud River: 38
C. Indigenous but with No Recognized Rights: the Native Peoples of Hawai’i, Mauna Kea: 39
D. No recognition and no rights at all: The Taino, Native Peoples of Puerto Rico, The Sacred Caguana Ceremonial Center in Utuado, Borikén: 39
II.The Religious rights of Prison Inmates 41
Environmental Racism and its effects on Indigenous human rights 44
I.The Right to Life: The Nuclear Fuel Chain and Environmental Racism 46
II.Environmental Racism and the Right to Food 48
III.Health and Environmental Racism 49
The Denial of Human Rights and Fundamental Freedoms in the Political, Economic, Social, Cultural or any Other Field of Public Life 51
I.The Right to the Highest Attainable Standard of Health 51
II.Freedom from Violence - Violence against Indigenous Women 54
III.Racism in “Homeland Security” 55
A. Death along the Border: 55
B. Desecration and Denial of Access to Sacred Places: 56
C. The confiscation of Indigenous lands: 58
IV.Voting Rights 59
Racist Science and the Collective Right of Free, Prior and Informed Consent 60
I.The Indigenous Human Genome 60
II.The Wild Rice Genome: 1Manoomin and the Anishinaabeg 63
Articles 6 and 7 of the Convention 65
I.Boarding Schools 65
II.Textbooks 69
III.Racist Sports Mascots and Logos 72
United States and its Transnational Companies Violations of the Human Rights of Indigenous Peoples Abroad 73
I.US Transnationals Abroad 73
II.United States Complicity: the Manufacture and Exportation of Banned Pesticides 77
III.Direct US Government Environmental Racism Abroad: 82
IV.US military bases on Indigenous communities in the Philippines 84
Conclusion and Recommendations 84
The Introduction reviews the standards by which compliance with the Convention on the Elimination of all forms of Racial Discrimination (CERD) should be measured, reviewing the recent passage of the United Nations Declaration on the rights of indigenous peoples and the lack of recognition and respect of the rights of many Indigenous Peoples and Nations within the jurisdiction of the United States (US). Many rights contained in the UN Declaration are already customary international law and recognized by the US itself but only with reference to “recognized” tribes. The Introduction also points out that the US takes the attitude that recognition of Indigenous rights, particularly political rights, are a form of “racial preference” and not a matter of rights.
The US fails in its Obligation to Report on Indigenous Peoples. We cite data on the overwhelming disparities in income, life expectancy, poverty and unemployment, as well as disproportionate victimization, incarceration and sentencing suffered by Indigenous Peoples on Indian Reservations, not reported by the United States. The data contained in this section as well as others (see, e.g., Violence Against Women, The Right to the Highest Attainable Standard of Health) reflect what can only be describe as a system of Apartheid and forced assimilation, by purpose or effect, on many if not most Indian Reservations, where Indigenous people are warehoused in poverty and neglect, their only option being to abandon their lands, families, languages and cultures to search for a better life.
The United States Racist Constitutional Foundation, Legal Structure is examined, as is the current application of racist constitutional doctrine established by the United States Supreme Court in the 1830s. Incuded in current application are the threat of termination of the Cherokee Nation, Treaty abrogation, corruption of the so-called “Trust Doctrine” and the continuing negation of Indigenous Peoples’ right of self determination.
Considerable attention is paid to Sacred Lands and the Right of Spiritual Practice, as it continues to be of paramount importance to Indigenous Peoples, whether recognized by the US or not. The Addendum, Sacred Lands, incudes Indigenous Peoples’ own testimony on the negation of religious rights in all parts of the United States. Given the disfavor in international law to the extinguishment of Aboriginal Title, and the fact that most of these Sacred Lands are owned and administered by agencies of the United States, a major recommendation of this Shadow Report is the recommendation to the United States of the return to Indigenous Peoples of these Sacred Lands, still in use by them for Spiritual and religious practice in spite of great obstacles posed by the US and its agencies. Environmental Racism and its effects on Indigenous human rights is examined as it permeates all aspects of Indigenous life, including Spiritual Practice examined above, as well as means of subsistence, health and well-being, culture and religion.
Other current and particularly discriminatory policies and practices are examined in The Denial of Human Rights and Fundamental Freedoms in the Political, Economic, Social, Cultural or any Other Field of Public Life, including the right to health, violence against women, so-called “Homeland Security” and the lack of protection for the right to vote.
Racist Science and the Collective Right of Free, Prior and Informed Consent describes how scientific inquiry in th United States particularly attacks Indigenous Peoples in their own human genome and identity and that which they hold Sacred.
US compliance with Articles 6 and 7 of the Convention is examined particularly with regard to the lack of any reparation or apology for Indian Boarding Schools (the kidnapping of children in order to “kill the Indian and save the man), as well as texbooks in public schools and the use of racist logos and mascots by US sports teams.
United States Racial Discrimination against Indigenous Peoples Abroad describes racism in the conduct of US foreign policy negatively affecting the human rights of Indigenous Peoples abroad. Domestic US policy, the allowing of the manufacture for export of pesticides banned in the United States affecting the life, health and well being of Indigenous Peoples abroad is also documented. The conduct of US transnational Corporations is examined, with another major recommendation that the US be held accountable for its own behavior as well as the behavior of its corporations, as they affect the rights of Indigenous Peoples abroad.
TABLE OF CONTENTS
Executive Summary 1
Introduction – Major Concerns and the UN Declaration on the rights of Indigenous Peoples 3
The Obligation to Report on Indigenous Peoples 5
I.Omissions of the US Periodic Report 5
II.Un-recognized Indigenous Peoples 6
III.Indian Reservation Apartheid 7
A. Life Expectancy on the Indian Reservation 8
B. Unemployment and Poverty in Employment 9
C. Disproportionate Victimization, Incarceration and Sentencing 10
Racially Discriminatory Constitutional Foundations 13
I.The Marshall Trilogy: The Origins of Racist Constitutional Doctrine 13
A. The Plenary Powers Doctrine 14
B. The “Trust” Relationship 15
II.Current Application of Racist Constitutional Doctrines 16
A. The Termination of Recognized Indian Tribes 17
B. The Abrogation of Treaties between the United States and Indigenous Peoples 20
C. The Continuing “Taking” of Indian Lands 22
D. The Corruption of the “Trust” Doctrine 24
E. The Continuing Denial of the Right of Self Determination: “Criminal” Jurisdiction 26
III.The Failure of Recognition of Indigenous Peoples as Peoples 28
A. “Unrecognized” Indigenous Tribes 28
B. Alaskan Native Peoples 29
C. Native Hawai’ians 31
D. The Indigenous Peoples of Puerto Rico and Guam 32
Sacred Lands and the Right of Spiritual Practice 33
I.Sacred Lands 34
A. Recognized Tribes and Treaty Rights: The Lakota Nation and Bear Butte (Mato Paha), Black Hills, South Dakota: 36
B. Dishonored Treaty, Seeking Recognition: The Winnemmem Wintu of Northern California, McCloud River: 38
C. Indigenous but with No Recognized Rights: the Native Peoples of Hawai’i, Mauna Kea: 39
D. No recognition and no rights at all: The Taino, Native Peoples of Puerto Rico, The Sacred Caguana Ceremonial Center in Utuado, Borikén: 39
II.The Religious rights of Prison Inmates 41
Environmental Racism and its effects on Indigenous human rights 44
I.The Right to Life: The Nuclear Fuel Chain and Environmental Racism 46
II.Environmental Racism and the Right to Food 48
III.Health and Environmental Racism 49
The Denial of Human Rights and Fundamental Freedoms in the Political, Economic, Social, Cultural or any Other Field of Public Life 51
I.The Right to the Highest Attainable Standard of Health 51
II.Freedom from Violence - Violence against Indigenous Women 54
III.Racism in “Homeland Security” 55
A. Death along the Border: 55
B. Desecration and Denial of Access to Sacred Places: 56
C. The confiscation of Indigenous lands: 58
IV.Voting Rights 59
Racist Science and the Collective Right of Free, Prior and Informed Consent 60
I.The Indigenous Human Genome 60
II.The Wild Rice Genome: 1Manoomin and the Anishinaabeg 63
Articles 6 and 7 of the Convention 65
I.Boarding Schools 65
II.Textbooks 69
III.Racist Sports Mascots and Logos 72
United States and its Transnational Companies Violations of the Human Rights of Indigenous Peoples Abroad 73
I.US Transnationals Abroad 73
II.United States Complicity: the Manufacture and Exportation of Banned Pesticides 77
III.Direct US Government Environmental Racism Abroad: 82
IV.US military bases on Indigenous communities in the Philippines 84
Conclusion and Recommendations 84
The Introduction reviews the standards by which compliance with the Convention on the Elimination of all forms of Racial Discrimination (CERD) should be measured, reviewing the recent passage of the United Nations Declaration on the rights of indigenous peoples and the lack of recognition and respect of the rights of many Indigenous Peoples and Nations within the jurisdiction of the United States (US). Many rights contained in the UN Declaration are already customary international law and recognized by the US itself but only with reference to “recognized” tribes. The Introduction also points out that the US takes the attitude that recognition of Indigenous rights, particularly political rights, are a form of “racial preference” and not a matter of rights.
The US fails in its Obligation to Report on Indigenous Peoples. We cite data on the overwhelming disparities in income, life expectancy, poverty and unemployment, as well as disproportionate victimization, incarceration and sentencing suffered by Indigenous Peoples on Indian Reservations, not reported by the United States. The data contained in this section as well as others (see, e.g., Violence Against Women, The Right to the Highest Attainable Standard of Health) reflect what can only be describe as a system of Apartheid and forced assimilation, by purpose or effect, on many if not most Indian Reservations, where Indigenous people are warehoused in poverty and neglect, their only option being to abandon their lands, families, languages and cultures to search for a better life.
The United States Racist Constitutional Foundation, Legal Structure is examined, as is the current application of racist constitutional doctrine established by the United States Supreme Court in the 1830s. Incuded in current application are the threat of termination of the Cherokee Nation, Treaty abrogation, corruption of the so-called “Trust Doctrine” and the continuing negation of Indigenous Peoples’ right of self determination.
Considerable attention is paid to Sacred Lands and the Right of Spiritual Practice, as it continues to be of paramount importance to Indigenous Peoples, whether recognized by the US or not. The Addendum, Sacred Lands, incudes Indigenous Peoples’ own testimony on the negation of religious rights in all parts of the United States. Given the disfavor in international law to the extinguishment of Aboriginal Title, and the fact that most of these Sacred Lands are owned and administered by agencies of the United States, a major recommendation of this Shadow Report is the recommendation to the United States of the return to Indigenous Peoples of these Sacred Lands, still in use by them for Spiritual and religious practice in spite of great obstacles posed by the US and its agencies. Environmental Racism and its effects on Indigenous human rights is examined as it permeates all aspects of Indigenous life, including Spiritual Practice examined above, as well as means of subsistence, health and well-being, culture and religion.
Other current and particularly discriminatory policies and practices are examined in The Denial of Human Rights and Fundamental Freedoms in the Political, Economic, Social, Cultural or any Other Field of Public Life, including the right to health, violence against women, so-called “Homeland Security” and the lack of protection for the right to vote.
Racist Science and the Collective Right of Free, Prior and Informed Consent describes how scientific inquiry in th United States particularly attacks Indigenous Peoples in their own human genome and identity and that which they hold Sacred.
US compliance with Articles 6 and 7 of the Convention is examined particularly with regard to the lack of any reparation or apology for Indian Boarding Schools (the kidnapping of children in order to “kill the Indian and save the man), as well as texbooks in public schools and the use of racist logos and mascots by US sports teams.
United States Racial Discrimination against Indigenous Peoples Abroad describes racism in the conduct of US foreign policy negatively affecting the human rights of Indigenous Peoples abroad. Domestic US policy, the allowing of the manufacture for export of pesticides banned in the United States affecting the life, health and well being of Indigenous Peoples abroad is also documented. The conduct of US transnational Corporations is examined, with another major recommendation that the US be held accountable for its own behavior as well as the behavior of its corporations, as they affect the rights of Indigenous Peoples abroad.
MEGWEETCH.
We all need to walk in dignity after all these decades.
please act on the behalf of Paula Sherman, Robert Lovelace and Shawn Brant
The full report can be obtained at:
http://www2.ohchr.org/english/bo.../usa/ USHRN8.doc.
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