A/HRC/21/47/Add.1 land-based communities of the tribes with which they are affiliated, and to develop bonds of community with other indigenous persons in their urban settings. 8. Several indigenous peoples live in border areas and face unique challenges, especially tribes living along the United States-Mexico border, where heightened border security measures implemented by the federal Government in recent years have increasingly made cross-border contact between members of the same tribes very difficult. B. The contributions of indigenous peoples to the broader society, despite negative stereotypes 9. Within the United States stereotypes persist that tend to render Native Americans relics of the past, perpetuated by the use of Indian names by professional and other highprofile sports teams, caricatures in the popular media and even mainstream education on history and social studies. Throughout his mission, the Special Rapporteur heard complaints from indigenous representatives about such stereotypes, and about how they obscure understanding of the reality of Native Americans today and instead help to keep alive racially discriminatory attitudes. 10. Beyond the stereotypes, one readily sees vibrant indigenous communities, both in reservation and other areas, including urban areas, which have contributed to the building of the country and continue to contribute to the broader society. Of course their greatest contribution is in the vast expanses of land that they gave up, through treaty cessions and otherwise, without which the United States and its economic base would not exist. Native Americans have also added to the defence and security of the United States and are represented among the ranks of the United States military services at a rate higher than that of any other ethnic group. 11. Today, indigenous peoples in the United States face multiple disadvantages, which are related to the long history of wrongs and misguided policies that have been inflicted upon them. Nonetheless, American Indians, Alaska Natives and Native Hawaiians have survived as peoples, striving to develop with their distinct identities intact, and to maintain and transmit to future generations their material and cultural heritage. While doing so, they add a cultural depth and grounding that, even while often going unnoticed by the majority society, is an important part of the country’s collective heritage. Further, the knowledge that they retain about the country’s landscapes and the natural resources on them, along with their ethic of stewardship of the land, are invaluable assets to the country, even if not fully appreciated. II. United States law and policy regarding indigenous peoples 12. Laws and policies related to indigenous peoples have developed over centuries since the colonial era, and today they comprise a complex array of decisions by the United States Congress, the executive branch of the federal Government and the federal courts, in particular the United States Supreme Court. A. The basic framework 13. The Constitution of the United States (1787) makes little reference to indigenous peoples, the principal mention being in its article I, section 8, which provides Congress the power to “regulate commerce with …with the Indian Tribes.” This provision signals that, within the federal structure of government of the United States, competency over matters relating to indigenous peoples rests at the federal, as opposed to state, level. 6

Select target paragraph3