A/HRC/21/47/Add.1
country. All such decision-making should incorporate awareness and close consideration of
the Declaration’s terms. Moreover, the Declaration is an instrument that should motivate
and guide steps toward still-needed reconciliation with the country’s indigenous peoples, on
just terms.
VI. Conclusions and recommendations
85.
Indigenous peoples in the United States – including American Indian, Alaska
Native and Native Hawaiian peoples – constitute vibrant communities that have
contributed greatly to the life of the country. Yet they face significant challenges that
are related to widespread historical wrongs and misguided government policies that
today manifest themselves in various indicators of disadvantage and impediments to
the exercise of their individual and collective rights.
Existing federal legislation and executive programmes
86.
Many acts of Congress and federal programmes that have been developed over
the last few decades – in contrast to earlier exercises of federal power based on
misguided policies – constitute good practices that in significant measure respond to
indigenous peoples’ concerns. Especially to be commended are the many new
initiatives taken by the executive to advance the rights of indigenous peoples in the last
few years.
The need to build on good practices and advance toward reconciliation
87.
Relevant authorities should take steps to address the concerns of indigenous
leaders that, in certain respects, federal legislation protective of their rights is not
adequately implemented and that federal programmes are not adequately funded or
administered.
88.
Further, the federal executive and Congress should respond to initiatives
promoted by indigenous peoples for new or amended legislation and programmes, in
accordance with the international human rights commitments of the United States.
89.
Despite positive aspects of existing legislation and programmes, new measures
are needed to advance reconciliation with indigenous peoples and to provide redress
for persistent deep-seated problems. Federal authorities should identify, develop and
implement such measures in full consultation and coordination with indigenous
peoples.
90.
Measures of reconciliation and redress should include, inter alia, initiatives to
address outstanding claims of treaty violations or non-consensual takings of
traditional lands to which indigenous peoples retain cultural or economic attachment,
and to restore or secure indigenous peoples’ capacities to maintain connections with
places and sites of cultural or religious significance, in accordance with the United
States international human rights commitments. In this regard, the return of Blue
Lake to Taos Pueblo, the restoration of land to the Timbisha Shoshone, the
establishment of the Oglala Sioux Tribal Park, and current initiatives of the National
Park Service and the United States Forest Service to protect sacred sites, constitute
important precedents or moves in this direction.
91.
Other measures of reconciliation should include efforts to identify and heal
particular sources of open wounds. And hence, for example, promised reparations
should be provided to the descendants of the Sands Creek massacre, and new or
renewed consideration should be given to clemency for Leonard Peltier.
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