A/HRC/36/46/Add.1
careers. Tribal colleges across the country are vital centres of cultural identification and
many include language nest programmes that provide children with language and cultural
immersion opportunities. Their indigenous identity thus becomes a strong foundation for
generations to come.
82.
A crucial aspect of self-determined development is the ability to build tribal capacity
to manage lands, territories and resources. Tribal colleges provide individuals with the
resources to gain technical skills in fields such as environmental sciences and to ensure
access by indigenous youth to education and careers while maintaining indigenous values at
the forefront. The Special Rapporteur notes that if one can change the landscape of
education and increase cultural learning, it would go far in improving tribal communities.
Government support toward these valuable resources needs to be ensured.
VII. Conclusion and recommendations
A.
Conclusion
83.
The issues surrounding energy development in the United States of America
underscore the need for reconciliation between the federal Government and
indigenous peoples. Tribal leaders and representatives indicate that they are
interested in engaging in a programme of reconciliation to remedy the harms they
have faced and to improve the government-to-government relationship moving
forward. Such a programme would acknowledge the historical wrongs inflicted upon
the indigenous peoples of the United States and confront systemic barriers that
prevent the full realization of indigenous peoples’ rights.
84.
Encouraging steps are being taken by federal agencies to implement the United
Nations Declaration on the Rights of Indigenous Peoples in consultation policies. For
example, the Advisory Council on Historic Preservation issued guidance to federal
agencies on how to incorporate the principles set forth in the Declaration when
carrying out the Section 106 review under the National Historic Preservation Act,
including developing working knowledge of the Declaration and its articles, reviewing
and updating agency policies to reflect the principles contained in Declaration and
considering the Declaration as a policy reference in the Section 106 process and
beyond.
85.
However, despite the recommendations made by the previous Special
Rapporteur following his visit to the United States in 2012, 34 significant work still
needs to be done to implement policies and initiatives to further the rights of
indigenous peoples in that country. Many of the recommendations made by the
previous Special Rapporteur, especially those dealing with the right of indigenous
peoples to self-determination and consultation on matters that directly concern them
have yet to be realized.
B.
Recommendations
Federal law and policy
86.
The federal Government should:
(a)
Adopt policies to acknowledge and encourage the adherence of its treaty
obligations and establish a national body for oversight of international treaty
obligations with full and effective participation of indigenous peoples on issues
relevant to them;
(b)
Bring policies in line with, and ensure that, human
pronouncements made at the federal level are implemented at the local level;
34
rights
A/HRC/21/47/Add.1.
17