Indigenous Human Rights Impact Project
QUESTIONNAIRE
Indigenous ORGANISATIONS / NETWORKS and other CIVIL SOCIETY ACTORS FOR the USA
This questionnaire is designed to collect information on the level of engagement of Indigenous organisations with the Treaty Bodies and the Special Rapporteur on the Rights of Indigenous Peoples and to consider the actual impact of the recommendations made by these human rights mechanisms on a country-by-country basis.
The questionnaire is composed of two parts:
Part I: consists in a series of general questions on the level of awareness and engagement of organisations with the Treaty Bodies and the Special Rapporteur on the Rights of Indigenous Peoples.
Part II: consists in a series of questions related to the status of implementation of selected recommendations made by the Treaty Bodies and Special Rapporteur on the Rights of Indigenous Peoples dealing with indigenous peoples’ rights.
Data provided by your organisation will be used for the sole purpose of this research project and attributed generally unless specified otherwise in Question 2.
PART I: GENERAL QUESTIONS
1. What is the name, location, activities and geographic scope of your organisation?
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2. Do you authorise the research team to mention the name your organisation in the Study?
□ Yes □ No
Awareness LEVEL
3. With which of these international human rights mechanisms is your organisation familiar?
□ Treaty Bodies (The Treaty Bodies are committees of experts that monitor implementation of the core international human rights treaties including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination)
□ Special Procedures (Special Procedures are human rights experts or Special Rapporteurs with mandates to report and advise on human rights from a thematic or country-specific perspective including the Special Rapporteur on the Rights of Indigenous Peoples.)
□ Universal Periodic Review (The Universal Periodic review is a process which involves a periodic review of the human rights records of all 193 UN Member States.)
4. Are you receiving regular information and updates on the work of Treaty Bodies?
□ Yes □ No
If yes, through which means? (Indigenous Peoples’ Centre for Documentation, Research and Information – DOCIP, Human Rights Treaty Bodies, or Office of the High Commission for Human Rights civil society newsletters…).
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If no, would you be interested in receiving regular information and updates on the work of Treaty Bodies?
□ Yes □ No
5. Is your organisation familiar with Treaty Bodies recommendations for the USA?
□ Yes □ No
If yes, how did you access them? If no, can you explain why?
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6. Is your organisation familiar with the Special Rapporteur recommendations for the USA?
□ Yes □ No
If yes, how did you access them? If no, can you explain why?
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7. What activities have been undertaken by your organisation to raise awareness on these recommendations at the country level?
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ENGAGEMENT LEVEL
8. Has your organisation/network engaged in the past with the Treaty Bodies (for example by submitting public written information, participating in a session, following a session via webcasting?).
□ Yes □ No
If yes, can you please mention for which treaty bodies and for which years?
□ Human Rights Committee: Year(s): _____
□ Committee on Economic, Social and Cultural Rights: Year(s): ______
□ Committee on the Elimination of Racial Discrimination: Year(s): ____
□ Committee on the Elimination of Discrimination against Women: Year(s): _____
□ Committee against Torture: Year(s): _____
□ Committee on the Rights of the Child: Year(s): ____
□ Committee on Migrant Workers: Year(s): _____
□ Committee on the Rights of Persons with Disabilities: Year(s): ____
□ Committee on Enforced Disappearances: Year(s): _____
If no, could you please explain why? (For example, lack of awareness on the existence of these mechanisms, lack of financial capacity, lack of expertise, lack of time...).
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9. If your organisation/network engaged with the Treaty Bodies, could you describe your experience?
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10. If your organisation/network submitted written information to the Treaty Bodies, to what extent were your recommendations and concerns reflected in the final Concluding Observations of the Committee?
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11. Was your organisation consulted for the preparation of the States party reports / the National Human Rights Institution reports?
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12. Has your organisation contributed to the visit of the Special Rapporteur on the Rights of Indigenous Peoples in the USA (for example by providing written materials or meeting with the Special Rapporteur)?
□ Yes □ No
13. If yes, could you describe your experience?
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14. To what extent were your recommendations and concerns reflected in the final report of the Special Rapporteur?
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FOLLOW UP AND MONITORING ACTIVITIES
15. What activities have been undertaken by your organisation to follow up/ monitor the implementation of these recommendations? Which other civil society, states or United Nations actors did you involve?
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16. How is your organisation/network using the recommendations made by the Treaty Bodies and Special Rapporteur on the Rights of Indigenous Peoples?
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17. What are some of the obstacles your organisation/ network has encountered in following up on these recommendations?
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18. What are some of the factors that facilitated your organisation/ network following up on these recommendations?
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RECOMMENDATIONS
19. What are your recommendations to raise awareness on the work of the Treaty Bodies and/or the Special Rapporteur on Indigenous Peoples, amongst indigenous organisations?
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20. Please include below any other information, best practises, lesson learnt or proposals you would like to share in relation to follow up /implementation of recommendations dealing with the promotion and protection of indigenous peoples rights.
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PART II: STATUS OF Implementation of
RECOMMENDATIONS on indigenous peoples rights
in the USA
What is your view on the status of implementation of the following Treaty Bodies recommendations addressed to the USA? Please provide supporting explanations for your answers. With regard to the recommendations partially implemented/under progress, could you please explain what has been achieved so far? With regard to the recommendations which were also recommended by other actors, to what extent do you think the recommendation made by the Treaty Bodies or Special Rapporteur on the Rights of Indigenous Peoples triggered action on the part of the States government?
Please note that the full texts of referenced observations can be found in the following documents:
Committee on the Elimination of Racial Discrimination (CERD)
2001 A/56/18, paras.380-407
2008 CERD/C/USA/CO/6
2014 CERD/C/USA/CO/7-9
Early Warning Urgent Action (EWUA) Procedure
2013 Letter 1/03/2013
2012 Letter 09/03/2012
2011 Letter 11/03/2011
2007 Letter 09/03/2007
2006 DECISION 1 (68), CERD/C/USA/DEC/1
Committee on Civil and Political Rights (CCPR)
1995 A/50/40, paras.266-304
2006 CCPR/C/USA/CO/3
2014 CCPR/C/USA/CO/4
Special Rapporteur on the Rights of Indigenous Peoples (SRIP)
2012 A/HRC/21/47/Add.1
Transnational corporations
1. Take appropriate legislative or administrative measures to prevent acts of transnational corporations registered in the State party which negatively impact on the enjoyment of the rights of indigenous peoples in territories outside the United States and explore ways to hold transnational corporations registered in the United States accountable (Para 30, CERD 2008; Para 10, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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EXTINGUISHMENT OF RIGHTS
2. Take steps to ensure that previously recognized aboriginal Native American rights cannot be extinguished (Para 302, CCPR 1995) Review policy as regards the extinguishment of aboriginal rights on the basis of the plenary power of Congress regarding Indian affairs and grant them the same degree of judicial protection that is available to the non-indigenous population (Para 37, CCPR 2006).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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COLLECTIVE RIGHTS
3. Adoption of a resolution by the Congress affirming the Declaration as the policy of the United States (Para 101, SRIP 2012) Alignment of any legislation adopted by Congress with the human rights standards represented by the Declaration on the Rights of Indigenous Peoples (Para 100, SRIP 2012) Issuance of a directive by the President to all executive agencies to adhere to the Declaration on the Rights of Indigenous Peoples in all their decision-making concerning indigenous peoples (Para 97, SRIP 2012).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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LAND RIGHTS
4. Taking of measures in consultation with indigenous peoples to ensure that activities carried out in areas of spiritual and cultural significance to Native Americans do not have a negative impact on the enjoyment of their rights under the International Convention on the Elimination of Racial Discrimination (Para 29, CERD 2008).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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5. Adoption of measures to protect sacred areas of indigenous peoples against desecration, contamination and destruction, especially in the context of the State party’s development or national security projects and exploitation of natural resources (Paras 24 and 25, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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PARTICIPATION
6. Ensure participation by indigenous communities in decisions affecting them, including those on their land rights (Para 400, CERD 2001) Securing the rights of all indigenous peoples for greater influence in decision-making affecting their natural environment, means of subsistence and culture (Para 37, CCPR 2006)
Recognition of the right of indigenous peoples to participate in decisions affecting them before adopting and implementing any activity in areas of spiritual and cultural significance (Para 29, CERD 2008)
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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FREE AND PRIOR INFORMED CONSENT
7. Holding of consultations with indigenous communities affected by development projects and exploitation of natural resources with a view to obtaining their free, prior and informed consent for proposed project activities (Para 25, CCRP 2014) Guarantee, in law and in practice, the right of indigenous peoples to effective participation in public life and in decisions that affect them, based on their free, prior and informed consent (Para 24, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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SAFE ENVIRONMENT
8. Effective enforcement of federal legislation prohibiting environmental pollution at state and local levels (Para 10, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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9. Clean up any remaining radioactive and toxic waste throughout the State party as a matter of urgency, paying particular attention to areas inhabited by indigenous peoples that have been neglected to date (Para 10, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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10. Undertaking of an independent and effective investigation into all cases of environmentally polluting activities and their impact on the rights of affected communities; bring those responsible to account; and ensure that victims have access to appropriate remedies (Para 29, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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Protection of indigenous women AND CHILDREN
11. Increase efforts to prevent and punish violence and abuse against indigenous women by providing resources for violence prevention and service programmes, undertaking awareness-raising campaigns on the available mechanisms and procedures (Para 29, CERD 2008; Para 29, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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12. Investigation, sanctioning and prosecution of cases of violence including reports of rape and sexual violence against indigenous women (Para 26, CERD 2008; Para 29, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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13. Effectively implement and enforce the Indian Child Welfare Act of 1978 to halt the removal of indigenous children from their families and communities (Para 24, CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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RECONCILIATION AND REDRESS
14. Identification, development and implementation of new measures by the Federal Authorities in consultation with indigenous peoples to advance reconciliation and provide redress for persistent deep-seated problems (Para 89, SRIP 2012).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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Western SHOSHONE
15. Adoption of the following measures:
(a) Freeze any plan to privatize Western Shoshone lands for transfer to multinational extractive industries and energy developers;
(b) Desist from all activities planned and/or conducted on the lands of Western Shoshone or in relation to their natural resources, which are being carried out without consultation with the Western Shoshone peoples;
(c) Stop imposing grazing fees, trespass and collection notices, horse and livestock impoundments, restrictions on hunting, fishing and gathering, as well as arrests, and rescind all notices already made to that end, inflicted on Western Shoshone people (Paras 8,9,10, CERD 2006; Para 19, CERD 2008; CERD 2011 EWUA; CERD 2012 EWUA; Para 24 CERD 2014).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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ARIZONA SNOWBOWL
16. Concrete measures taken to ensure that the sacred character of the site for indigenous peoples is respected, including the possibility of suspending the permit granted to the Arizona Snowbowl to consult with indigenous peoples and take into account their concerns and religious traditions ( CERD 2012 EWUA).
□ Fully implemented □ Partially implemented/Under progress
□ Not implemented/ No action taken □ Do not know
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other RECOMMENDATIONS
Please feel free to include information on any other recommendations formulated by the Treaty Bodies or the Special Rapporteur on the Rights of Indigenous Peoples you would like to share with us.
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