A/HRC/21/47/Add.1
apology also “urges the President to acknowledge the wrongs of the United States against
Indian tribes in the history of the United States in order to bring healing to this land.”16 The
full text of the apology bears reading. However, strangely, the apology was buried deep in a
defense appropriations act, and apparently few indigenous people, much less the public in
general, were made aware of it.
75.
Such an apology should not go unnoticed. Rather, it should be a point of public
awakening and mark a path toward reconciliation, a path for concrete steps to address
issues whose resolution is essential to defeating disharmony, and a path toward more
enlightened framing of relations between indigenous peoples and the United States.
76.
Among the pending issues that should be addressed with firm determination, within
a programme of reconciliation, are the severed or frayed connections with culturally
significant landscapes and sacred sites, such as those resulting from the taking of the Black
Hills or from environmental pollution in countless places; imposed limitations on
indigenous self-governance capacity, such as that preventing indigenous authorities from
acting with full force to combat violence against women; the pathologies left by the
removal of indigenous children from their communities; and other persistent symbols of
subordination, such as the refusal of the United States thus far to make good on its longstanding promise to provide reparations for the Sand Creek massacre. Also to be addressed
are the pervasive problems left in the aftermath of Alaska Statehood and the Alaska Native
Claims Settlement Act, and the still not remedied, yet acknowledged, suppression of
indigenous Hawaiian sovereignty.
77.
The Special Rapporteur notes the previous significant effort made by the United
States to comprehensively resolve the grievances of Indian tribes by its creation in 1946 of
the Indian Claims Commission and by extending the Commission’s authority widely to
include claims based on “fair and honourable dealings,” inter alia. Over its life the
Commission determined hundreds of land claims based on treaties or ancestral occupation,
but the only remedies provided under the relevant statute were for monetary compensation
upon a finding of extinguishment or taking of rights, a product of the assimilationist frame
of thinking of the period in which the Commission was created, which left many
fundamental issues unresolved or further complicated. Still the establishment of the
Commission represents the capacity of the United States to take sweeping action to address
evident wrongs on the basis of prevailing policy preferences.
78.
What is now needed is a resolve to take action to address the pending, deep-seated
concerns of indigenous peoples, but within current notions of justice and the human rights
of indigenous peoples. Exemplifying the kind of restorative action to be taken consistent
with contemporary human rights values is the return of the sacred Blue Lake to Taos
Pueblo and the restoration of land to the Timbisha Shoshone Tribe. Both land areas were
restored from land under federal administration, with no consequence for any individual
property interests. Another exemplary action is the more recent initiative to transfer
management of national park lands to the Oglala Sioux Tribe in South Dakota. Such
measures reveal a needed understanding of the centrality of land and geographic spaces to
the physical and cultural well-being of indigenous peoples, in accordance with standards
now prevailing internationally and accepted by the United States.
16
18
H.R. 3326 (111th): Department of Defense Appropriations Act, 2010.