A/HRC/36/46/Add.1
48.
When resources are extracted from indigenous territories, the people living in those
territories experience attendant health impacts. In the 1900s, private companies employing
Navajo workers ignored or failed to communicate the known health risks of exposure to
uranium. Workers, women and children living near the mines still suffer from high rates of
lung disease and cancer. In January 2017, the United States and the Navajo Nation entered
into an historic settlement agreement to clean up 94 abandoned uranium mines on the
Navajo Nation. Under the settlement, which was valued at over $600 million, FreeportMcMoRan’s subsidiaries would perform the work and the United States would contribute
approximately half the cost. In total, $1.7 billion is now available to begin the Superfund
clean-up process at over 200 of the 523 abandoned uranium mines on or near the Navajo
Nation. Health impacts were also addressed with the adoption in 2008 of a five-year plan to
clean up uranium contamination on the Navajo Nation. 23 In addition to uranium mining, oil
development can also impose health impacts on human populations. Mounting evidence of
the negative effects of oil development on health includes a study by the Colorado School
of Public Health, which found that babies born of women living in the area with the highest
density of wells were twice as likely to have neural tube defects and a 38-per-cent increased
risk of congenital heart defects.24
49.
Despite the known environmental and health risks associated with active and
abandoned uranium mines with remediation lifetimes of 200 to 1,000 years, with regard to
control for disposal sites and uranium tailings sites, respectively,25 permits have been issued
for new uranium projects near the Grand Canyon. In addition to the risks of environmental
degradation, the mine poses environmental risks to the Navajo owing to the inevitable
transport of uranium across Navajo lands. Despite the 2005 Navajo Nation ban on uranium
mining and milling, under United States law the tribe cannot legally prevent the
transportation of this hazardous material through their reservation. Areas such as the Diné
community (Navajo) of Cameron continue to face high rates of cancer and poisoned
drinking water from abandoned mines.
50.
San Ildefonso Pueblo faces risks of water contamination from the bordering Los
Alamos National Laboratory, the birthplace of the atomic bomb. For nearly two decades in
the 1900s, the facility flushed contaminated water into the nearby Sandia Canyon. The
runoff has created a mile-long flow of contaminated groundwater extending downward and
outward from a specific source and migrating towards the reservation, threatening a major
aquifer that is the tribe’s main water supply. The project has already caused environmental
damage to sacred places outside of present-day reservation boundaries.
51.
Environmental impacts on Indian tribes are not restricted to extractive energy
projects. Initiatives to increase the production of hydroelectric power have also had
irreversible consequences for tribes. One of the most destructive impacts was the 1944
Pick-Sloan project to construct and operate several dams to control flooding. The dams
constructed on the Missouri River submerged over 356,000 acres of Indian lands and
devastated precious resources. Displaced indigenous peoples relocated to barren lands as
their fertile soils, timber supplies and abundant wildlife were destroyed by the flooding.
52.
Lake Oahe, one of the reservoirs created by the Pick-Sloan project, has been
prominent in the Dakota Access Pipeline controversy. A portion of the pipeline route passes
approximately 100 feet beneath the bottom of Lake Oahe, which is a major source of
drinking water for residents of the Standing Rock Sioux Reservation. They claim that they
and other affected tribes were not properly consulted about the environmental impacts of a
potential spill.
23
24
25
United States Environmental Protection Agency, “Health and environmental impacts of uranium
contamination in the Navajo Nation”, Five-year plan, 2008.
See http://naturalsociety.com/proximity-natural-gas-wells-ups-risk-birth-defects-saysstudy/#ixzz43O4VYskH.
United States Environmental Protection Agency, Technical Report on Technologically Enhanced
Naturally Occurring Radioactive Materials from Uranium Mining, Vol. 1: Mining and reclamation
background, 2008. Available at https://www.epa.gov/sites/production/files/2015-05/documents/402-r08-005-v1.pdf.
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