A/HRC/21/47/Add.1
69.
The Special Rapporteur notes however, concerns that were raised with him about the
adequacy of effective implementation of the highly developed body of law and government
programmes concerning indigenous peoples. While welcoming improved consultation
procedures, for example, a number of indigenous leaders complained that they have yet to
see significant change in the decision-making of government agents about matters of
crucial concern to their peoples, in particular decisions about lands that are outside of
indigenous-controlled areas but that nonetheless affect their access to natural or cultural
resources or environmental well-being.
70.
The Special Rapporteur also repeatedly heard concerns about a lack of sufficient
funding for housing, health, education, environmental remediation, women’s health and
safety, language and other programmes, concerns that were raised by both federal officials
and representatives of indigenous peoples. Also pointed out were complicated or confusing
bureaucratic procedures, and an inadequate understanding and awareness among
government officials about tribal realities or even about the content of relevant laws and
policies themselves.
71.
The Special Rapporteur observes, nonetheless, that the overall thrust of the policy
underlying the federal legislation and programmes adopted in the last few decades – a
policy of advancing indigenous self-determination and development with respect for
cultural identity – is generally in line with the aspirations expressed by indigenous peoples.
The problems signalled are that the laws and programmes do not go far enough to meet
those aspirations and that they are underfunded or inadequately administered. The Special
Rapporteur takes special note, moreover, that they fail to go so far as to ultimately resolve
persistent, deep-seated problems.
B.
The need for determined action within a programme of reconciliation
72.
It is evident that numerous matters relating to the history of misdealing and harm
inflicted on indigenous peoples are still unresolved. In all his consultations with indigenous
peoples during his visit to the United States, it was impressed upon the Special Rapporteur
that historical wrongs continue to live in intergenerational memory and trauma, and that,
together with current systemic problems, they still inflict harm. Across the United States, he
heard of specific unresolved problems of historical origins and systemic dimensions, and
indigenous representatives made abundantly clear that these problems continue to breed
disharmony, dislocation and hardship.
73.
The Special Rapporteur is of the firm view that, unless genuine movement is made
toward resolving these pending matters, the place of indigenous peoples within the United
States will continue to be an unstable, disadvantaged and inequitable one, and the country’s
moral standing will suffer. Determined action should take place within a cross-cultural,
encompassing programme of reconciliation, aimed at closing the latent wounds and
building just and equitable conditions, and at providing needed redress consistent with the
United States’ human rights obligations.
74.
The Special Rapporteur notes that the Government took a step that could be one on a
path toward reconciliation, when in 2010 Congress adopted a resolution of apology to the
indigenous peoples of the country, following in the spirit of the apology previously issued
to Native Hawaiians (para. 65 above). Acknowledging widespread wrongdoing, the
Apology states: “The United States, acting through Congress … apologizes on behalf of the
people of the United States for the many instances of violence, maltreatment and neglect
inflicted on Native Peoples by citizens of the United States [and] expresses its regret”. The
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