A/HRC/36/46/Add.1
tribes. Provide technical assistance and adequate access to funding to indigenous
peoples to ensure their meaningful participation in evaluating the extent to which a
project could significantly affect them and to support them in their substantive
preparation for consultations. Continue to work with indigenous peoples to
understand their relationship with the land and indigenous knowledge of their
ecosystem.
(e)
Ensure indigenous peoples have full access to redress for violations
perpetrated on and against their lands and territories, including access to judicial
forums to dispute claims and to concrete and timely assistance to mitigate adverse
impacts on environmental and cultural resources. Adopt policies to ensure that
mechanisms for future redress and remediation are clearly articulated during the
initial consultation period between tribal, state and federal government actors;
(f)
Take appropriate measures to encourage consideration of the Guiding
Principles on Business and Human Rights: Implementing the United Nations “Protect,
Respect and Remedy” Framework by all actors in any project that impacts indigenous
peoples in the United States. Equally, take measures to encourage private
corporations working on tribal lands to follow the Guiding Principles, including
adequate consideration and provision of remediation in advance of project
commencement;
(g)
Reinstate the Environmental Impact Statement process for the Dakota
Access Pipeline, in close cooperation with tribes, to fully consider the environmental,
economic, social and cultural impacts to indigenous peoples, particularly in the light
of the 14 June 2017 ruling by a federal court that federal permits authorizing the
pipeline to cross the Missouri River just upstream of the Standing Rock Sioux
Reservation violated critical aspects of the law;
(h)
Continue to address the effects of uranium mining and abandoned
uranium mines near reservation lands and provide proper compensation to those
indigenous peoples affected by environmental disasters, including from the Gold King
Mine spill in August 2015;
(i)
In the light of issues relating to climate change, provide more support for
the development of renewable energy projects and programmes with the full
participation of indigenous peoples;
(j)
Consider adopting legislation to enforce consultation for all projects that
impact the traditional territories of local indigenous communities, in particular
energy and infrastructure projects undertaken within indigenous peoples’ traditional
territories and on lands not currently owned by them;
(k)
Enact legislation to ensure that Tribal Historic Preservation Officers
have the ability to provide early and continual input into project proposals to
ascertain the advancement of healthy indigenous communities and the completion of
beneficial energy projects.
Places of cultural, religious and historical significance
89.
The federal Government should adopt legislation to amend existing laws
governing the protection of sacred and cultural places beyond present-day reservation
boundaries so as to further protect the religious freedoms of indigenous peoples. The
policies should reflect the vision of indigenous peoples’ definition of sacredness as an
interconnected landscape with unique relationships to the practice of religions,
strengthening of community, livelihoods, subsistence and gathering of traditional
medicines and resources.
Violence against women
90.
The Special Rapporteur commends the Government on the adoption of the
Violence Against Women Reauthorization Act (2013) and encourages it to continue its
efforts, including by strengthening legislation, to empower indigenous peoples to
assert their own jurisdiction to adequately protect their members by providing them
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