A/HRC/21/47/Add.1
1978, which directs federal officials to consult with tribes about actions that may affect
religious practices; the Native American Graves Protection and Repatriation Act of 1990,
which directs federal agencies and museums to return indigenous remains and sacred
objects to appropriate indigenous groups; and the Native American Languages Act of 1990,
which provides support for the use and recovery of indigenous languages through
educational programmes. A number of other laws provide protections for indigenous
religion and culture, and still others address Indian economic and natural resource
development, education and civil rights.
27.
In alignment with the existing federal legislation, there are dozens of executive
directives and programmes that apply specifically to indigenous peoples, many of which are
listed in appendix I, and that reflect a significant level of dedication on the part of the
Government to indigenous concerns within the self-determination policy framework.
28.
Several agencies throughout the Government are dedicated specifically to
indigenous affairs, the principal one being the Department of Interior, which includes the
Bureau of Indian Affairs. Under federal law, pursuant to its historical protectorate, or
trusteeship, the United States holds in trust the underlying title to the Indian lands within
reservations and other lands set aside by statute or treaty for the tribes. The Department is
responsible for overseeing some 55 million surface acres and the subsurface mineral
resources in some 57 million acres.
29.
There are numerous other indigenous-specific agencies and programmes in various
parts of the Government. Notably, and especially in recent years, the Government has made
an important, increased effort to appoint indigenous individuals to high-level government
positions dealing with indigenous affairs, including the position of Assistant Secretary for
Indian Affairs, which heads the Bureau of Indian Affairs. Also significantly, in 2009, the
position of Senior Policy Advisor for Native American Affairs was created to advise the
President on issues related to indigenous peoples.
III. The disadvantaged conditions of indigenous peoples: The
present day legacies of historical wrongs
30.
United States laws and policies in the last few decades undoubtedly have contributed
to halting the erosion of indigenous identities, and have weighed in favour of placing
indigenous peoples on a path toward greater self-determination, as well as economic and
social health. Nonetheless, the conditions of disadvantage persist with the continuing
effects of a long history of wrongs and past, misguided policies.
A.
Economic and social conditions
31.
At the close of the Special Rapporteur’s mission to the United States, he received a
manila envelope stuffed with letters written by students from a class at White River High
School in South Dakota, a school where a majority of the students are from the nearby
reservation of the Rosebud Sioux Tribe. In a cover letter the class’s teacher explained that
the students “would like to feel they have a voice as it is so desolate here that it is
sometimes hard to remember there is an outside world. Despite all the hardships here, these
kids are so incredibly resilient and talented.”
32.
The teacher’s words were a poignant introduction to the first letter in the stack,
which was from a 15-year-old girl who lamented:
Life here is very hand to mouth. Out here, we don’t have the finer things. You get
what you get and you don’t throw a fit. And I’m going to be honest with you,
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