A/HRC/36/46/Add.1
billed as a joint effort reflecting the Department of the Interior’s emphasis to work with
Indian leaders, but representatives of the Bureau walked out of the first scoping meeting.
On 25 January 2017, against the urging of the local indigenous population and with limited
meaningful consultation, an online auction was held for oil and gas drilling leases of public
lands surrounding the park. Chaco Canyon remains one of the most significant and most
threatened sacred places in North America.
37.
Mount Taylor is one of six Navajo sacred mountains, a site revered by the Navajo,
Acoma, Laguna and Zuni Pueblos and the Hopi. Prior to its listing on the New Mexico
State Register of Cultural Properties, Mount Taylor was mined extensively for uraniumvanadium between 1979 and 1990. Since then, its mine shafts have filled with water
contaminated by uranium and radium. Although the site has become permanently
designated as traditional cultural property, the land is still governed by the 1872 Mining
Act, which permits mining regardless of impacts on cultural or natural resources, if deemed
to be in the public interest.
38.
In December 2016, the United States Government designated Bears Ears National
Monument as sacred lands, providing indigenous peoples from the Colorado Plateau a place
of subsistence, spirituality, healing and contemplation. Through its unprecedented model of
co-management with local and regional tribes, the land use model allows its continued use
for cultural practices for future generations utilizing indigenous traditional knowledge to
protect a unique cultural and ecological landscape, including for public use. The Special
Rapporteur considers that Bears Ears should serve as a model for protection and
management of sacred places and was alarmed to learn that the Secretary of the Department
of the Interior had recommended to President Tump to “revise the existing boundaries” of
the monument in response to the executive order to review 27 national monuments across
the country.
2.
Health and environmental impacts
39.
The Special Rapporteur noted the 30-year history of water settlement negotiations
favoured by the Government and highly appreciated by indigenous peoples. In a letter to
the Trump administration in January 2017, the Western States Water Council and the
Native American Rights Fund urged the administration to continue to “make tribal water
right settlements a priority” and committed to working with the administration to resolve
issues surrounding tribal water negotiations. Over the last 30 years, the Department
completed 36 water rights settlements, four of which were approved by Congress in 2016
for the Blackfeet, Pechanga, Chickasaw/Choctaw and San Luis Rey Nations.
40.
For indigenous peoples, water provides lifeways and subsistence and is of
undeniable spiritual significance. In Lakota, they express this belief as Mni Wiconi: water is
life. Water stands at the forefront of environmental impacts resulting from energy
development on indigenous lands. In the arid west, where a large number of extractive
projects are undertaken, the substantial volumes of water used in drilling operations cause
stress on surface water and groundwater supplies.
41.
Contamination of underground and surface water is also a concern, with many
projects threatening vital resources in water-scarce regions. Activities that compromise
indigenous peoples’ water supply violate their right to the enjoyment of the highest
attainable standard of health, as set forth in article 24 of the Declaration. A recent study by
the Environmental Protection Agency 20 found scientific evidence that activities in the
hydraulic fracturing water cycle can impact drinking water resources through spills, faulty
well construction, discharge into surface water or disposal into underground injection wells.
42.
The Kayenta Mine located on Hopi and Navajo reservation lands threatens the Black
Mesa aquifer, the primary source of drinking water for the two reservations. Contracts since
the 1960s between the federal Government and the mining company allow the company to
20
United States Environmental Protection Agency, Hydraulic Fracturing for Oil and Gas: Impacts from
the Hydraulic Fracturing Water Cycle on Drinking Water Resources in the United States, Final
report, EPA/600/R-16/236F, 2016.
9