A/HRC/57/62
and remote forms of medical assistance that covers the migration routes of Indigenous
Peoples, in fulfilment of articles 21 and 23 of the Declaration. 54
43.
In Guatemala, pursuant to Governmental Agreement No. 390-2002, the Presidential
Commission on Discrimination and Racism against Indigenous Peoples (CODISRA) was
established. It is tasked with formulating and monitoring policies and State actions to respect
the rights of Indigenous Peoples. Subsequently, in 2006, the Government adopted a policy
for coexistence and the elimination of racism and racial discrimination. However, as at 2024,
neither initiative had reportedly resulted in any substantive progress. In 2021, the Indigenous
Peoples thematic subcommittee of the Cabinet Committee for Social Development proposed
a policy on Indigenous Peoples and interculturality, which has yet to be approved. 55
44.
The policies that have been developed in Mexico City appear to be inadequate when
it comes to guaranteeing the rights of Indigenous Peoples, given that they continue to face
discrimination. That is particularly the case with regard to their economic, social, cultural
and environmental rights, such as the right to housing and the right to consultation. It is
noteworthy that Indigenous Peoples were not fully and effectively consulted concerning
development plans or strategic plans, and the authorities appear to be far from implementing
the norms related to free, prior and informed consent.56
45.
In the United States of America, government agencies have adopted policies requiring
consultation and coordination with Tribal Nations when federal government actions have an
impact on their interests. Several federal statutory laws establish the right to consultation, but
the current legal framework does not consistently meet the requirement for free, prior and
informed consent.57 In November 2022, an executive memorandum was issued concerning
government-wide guidance on the recognition and inclusion of Indigenous knowledge in
federal research, policy and decision-making.58 In addition to a number of executive level
directives concerning national monuments to Indigenous Peoples, the executive branch has
made a commitment to work in partnership with tribes to restore wild salmon, expand clean
energy production, increase resilience and provide energy stability in the Columbia River
Basin. 59 The agreement is intended to cover a ten-year period of work between Tribal
Governments and state and federal government representatives.
46.
Furthermore, in the United States, Joint Secretarial Order No. 4303 (2021) of the
Departments of the Interior and Agriculture requires agencies to enter co-stewardship and
co-management agreements with Indian tribes for the management of former tribal lands,
water and territories by federal agencies. It also directs those agencies to incorporate and
apply Indigenous knowledge in agency planning and decision-making with respect to those
lands, water bodies, habitats, natural resources and ecosystems. Since 2021, many land and
water management agencies have developed new policies to implement the Order and a
growing number of agency agreements have been established with Tribes under the Order.
47.
In the specific context of Alaska and the 228 federally recognized tribes in the State,
on 1 February 2024, the Department of the Interior noted that tribes in Alaska are presumed
to have jurisdiction over Native allotments, unless such Native allotments are owned by a
non-tribal member or are “geographically removed from the tribal community”. 60 As a result,
“tribes in Alaska can exercise tribal jurisdiction over [Alaska Native Allotment Act]
Allotments where (a) their tribal members own the … Allotment and continue to maintain a
54
55
56
57
58
59
60
10
Submission from Regional Association of Indigenous Small-Numbered Peoples of the North of
Krasnoyarsk Territory, Union of Indigenous Peoples “SOYUZ” and Siberian Federal University.
Submission from Procurador de los Derechos Humanos de Guatemala (in Spanish).
Submissions from Comisión de Derechos Humanos de la Ciudad de México and Mexico (both in
Spanish).
Submission from Tribal Justice Clinic, University of Arizona.
See https://www.whitehouse.gov/wp-content/uploads/2022/12/OSTP-CEQ-IK-Guidance.pdf.
See https://www.whitehouse.gov/briefing-room/statements-releases/2023/12/14/fact-sheet-bidenharris-administration-announces-10-year-partnership-with-tribes-and-states-to-restore-wild-salmonexpand-clean-energy-production-increase-resilience-and-provide-energy-stability-i/.
See https://www.doi.gov/sites/default/files/documents/2024-02/m37079-partial-wd-m36975-andclarification-trbl-jurisdiction-over-ak-native-allotments-2124.pdf.
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