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constructive dialogue
with the Government of United States of America, with a view to provide it with assistance in the effective implementation of
the Convention.
NATIONS UNIES ( ,,(t(\\ UNITED NATIONS
DROITS DE L'HOMME \ i j HUMAN RIGHTS
HAUT
-COMMISSARIAT OFFICE Of THE HIGH COMMISSIOHER
HAUT-COMM ISSA RIAT AUX DROITS DE L'HOMM E • OFFICE OFTI-IE I-IIG I-1 COMMISS IONER
FOR HUMAN RIGH
TS PALAIS DES
NATIONS • 1211 GENEVA 10, SWITZERLAND
REFERENCE:C E RD / 92 nd/EWUAP/GH/SK/ks
17 May 2017
Mr. Theodore Allegra
Deputy Permanent Representative of the United
States of America to the United Nations Office
Geneva
Dear Mr. Allegra,
I write
to inform you that in the course of its 92nd session, the Committee on
the Elimination of
Racial Discrimination has further considered, under its early warning and urgent action procedure, the situation of the indigenous peoples living along the
border between the United States of America and
Mexico.
The Committee would like to remind the State party that in its previous 82nd session, it had addressed allegations concerning the potentially discriminatory impact that the construction of the
border wall might have on the
Kikapoo, Ysleta del Sur Pueblo and Lipan Apache indigenous communities, in its letter of 1 March 2013, and requested the State party to include relevant information in its overdue periodic report.
The Committee is informed about allegations of worsening of the situation of indigenous peoples in the same area. It is informed that the discriminatory effect
of the previously constructed border wall has not been remediated. Moreover, the Government's planned
expansion of the border wall, as announced through the executive order for " Border Security and Immigration Enforcement Improvements" of January 25, 2017, will allegedly have an adverse
impact on the communities living along the border,
especially
indigenous communities.
Reportedly, the new order is more expansive than previous initiatives, and
it was implemented without any type of consultation or consideration of potentially affected communities
including indigenous communities.
The Committee is
concerned that these
allegations, if verified, could hinder
the full enjoyment of 1ights under the Convention.
The Committee recalls the
concerns expressed in its letter of 1 March 2013
as well as
recommendations made in paragraph 24 of its concluding observations (CERD/C/USA/CO/7-9, para. 24) of August
2014, that
requested
the State party to "(a)
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; (b)
Take effective measures to
eliminate undue obstacles to the recognition of tribes; (c) Adopt concrete measures to
effectively protect the sacred sites of indigenous peoples in
the context
of the State party' s development or national security projects and exploitation of natural resources, and ensure that
those responsible for any damages caused are
held accountable".
In accordance
with
Article 9 (1) of the Convention ai1d article
65 of its Rules of Procedure, the Committee requests that
the State party submit info1mation on
all of the issues and concerns as
outlined above b
y17 July 2017, as well as
on ai1y act
ion already taken to address these concerns.
In particular, it
requests that the Government of the United
States of America provide information
on:
(a)
The
impact of the executive order of 25 January
2017 on the rights of affected indigenous peoples to
have
access to their lands
and resources that they own or
traditionally use;
(b)
Measures envisaged
to reverse
the negative
impact of
the expansion of the border
wall on the rights
of indigenous peoples;
(c)
Measures taken to ensure the
free,
prior and informed consent of
the indigenous
peoples, or genuine
consultation, in
decisions affecting them.
Measures taken to ensure the
free,
prior and informed consent of
the indigenous
peoples, or genuine
consultation, in
decisions affecting them.
Allow me to express the
wish of
the Committee to continue to engage in a
constructive dialogue
with the Government of United States of America, with a view to provide it with assistance in the effective implementation of
the Convention.
Anastasia
Crickley Chair
Committee on the Elimination
of Racial Discrimination
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