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.
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