Wednesday, September 23, 2020

Western Shoshone

Inter-American Commission on Human Rights


TO: The Honorable Mike Pompeo Secretary of State

VIA His Excellency Carlos Trujillo

Ambassador, Permanent Representative of the United States to the Organization of American States

Washington, D.C.

 

August 18, 2020



 
RE:      Mary and Carrie Dann Case 11.140

United States

Follow-up on compliance with recommendations

 

Excellency:

 

I have the honor of addressing Your Excellency on behalf of the Inter-American Commission on Human Rights (IACHR), in order to request information about compliance with the recommendations set forth in Report No. 75/02 issued in the case cited above on December 27, 2002, in conformity with the provisions of Article 48{1) of the Commission's Rules of Procedure, with the purpose of including this information in Chapter 11.E of the 2020 Annual Report.

 

In this regard, I would like to request Your Excellency to provide updated and detailed information on the actions undertaken by the State during this year to comply with each of the recommendations issued in relation to the above cited case, which were not declared to have been fully complied with by the IACHR in its 2019 Annual Report. In addition, taking as a reference the information provided in previous Annual Reports, I ask Your Excellency to inform in particular on the following aspects:

 

1.          Considering that Mary Dann passed away in 2005, inform whether the State has taken actions to provide Carrie Dann with an effective remedy from the State for the human rights violations that she suffered, including the adoption of legislative of other measures to ensure respect for the Danns' right to property in accordance with Articles II, XVIII and XXIII of the American Declaration in connection with their claims to property rights in  the Western Shoshone ancestral lands.

 

 

2.          Considering the information provided by the State in the working meeting held in the 169th IACHR's Period of Sessions, inform the process' progress of reforming regulations and procedures to ensure that the property rights of indigenous persons are determined in accordance with the rights established in the American Declaration, including Articles II, XVIII and XXIII of the Declaration. Also inform whether there has been progress in the Federal Government's initiatives to protect the rights of Indigenous peoples, including the actions to inform State agencies about the principles contained in the United Nations Declaration on the Rights of Indigenous Peoples.

I kindly request that the Government of Your Excellency present the information in accordance with the methodology set out in Annex 1 of this letter which includes the guidelines indicated by the General Guidelines for the Follow-up of Recommendations and Decisions of the IACHR, approved on September 30, 2019.

 

The report on the status of compliance with the recommendations of the IACHR and approved friendly settlement agreements for the year 2019 is available in the 2019 Annual Report of the IACHR, Chapter 11.E, on the website bit.ly/ CasesAn nualRe port2019

 

I request that Your Excellency take the steps that you deem necessary to ensure that the Commission receives the information it is requesting within one month from the date of transmission of the present communication. In addition, I inform you that the Annual Report must be approved by the plenary of the Commission prior to December 31, 2020 and consequently, a deadline of October 15, 2020 has been set to receive information from the parties for it to be considered in the 2020 Annual Report. In the event that the parties submit information after the date indicated,  said information  will  be considered in the 2021 Annual Report ofthe IACHR.

 

Please accept, Excellency, the assurances of my highest consideration,


 

 

By authorization of the Executive Secretary

 

Enclosure


Inter-American Commission on Human Rights


 August 18, 2020



 

Ms. Julie Cavanaugh-Bill Attorney & Counselor at Law Cavanaugh-Bill Law Offices, LLC

401 Railroad St. Suite 307 Elko, NV 89801 julie@cblawoffices.org


RE:      Mary and Carrie Dann Case 11.140

United States

Follow-up on compliance with recommendations

 

Dear Madam:

 

I am pleased to address you on behalf of the Inter-American Commission on Human Rights (IACHR), in order to request information about compliance with the recommendations set forth in Report No. 75/02 issued in the case cited above on December 27, 2002, in conformity with the provisions of Article 48(1) of the Commission's Rules of Procedure, with the purpose of including this information in Chapter 11.E of the 2020 Annual Report.

 

In this regard, I would like to request you to provide updated and detailed information on the actions undertaken by the State during this year to.comply with each of the recommendations issued in relation to the case cited above, which were not declared to have been fully complied with by the IACHR in its 2019 Annual Report. In addition, taking as a reference the information provided in previous Annual Reports, I ask you to inform in particular on the following aspects:

 

1. Considering that in the working meeting held in the 169th IACHR's Period of Sessions the petitioners proposed to the State to organize a workshop with State agents about inter­ American and international standards regarding Indigenous peoples, and to establish a national working group to review Federal Indian law and policy in light of contemporary human rights standards, has it been any response from the State on these matters?


 

I kindly request that the information be presented in accordance with the methodology set out in Annex 1 of this letter which includes the guidelines indicated by the General Guidelines for the Follow-up of Recommendations and Decisions of the IACHR, approved on September 30, 2019.

 

The report on the status of compliance with the recommendations of the IACHR and approved friendly settlement agreements for the year 2019 is available in the 2019 Annual Report of the IACHR, Chapter I1.E, on the IACHR's website / bit.ly/CasesA nnualReport 2019

 

I request that you present the observations which you deem to be relevant for the Commission to have all of the necessary information regarding the case cited above, within a period of one month from the date of the transmission of the present communication. In addition, I inform you that the Annual Report must be approved by the plenary of the Commission prior to December 31, 2020 and consequently, a deadline of October 15, 2020 has been set to receive information from the parties for it to be considered in the 2020 Annual Report. In the event that the parties submit information after the date indicated, said information will be considered in the 2021 Annual Report of the IACHR.

 

I take the opportunity to greet you attentively,

 

Sincerely,


By authorization of the Executive Secretary

 

Enclosure



 https://drive.google.com/file/d/1XrK3gkW1NFaDpqEufxn352vOGOzeLk9A/view?usp=sharing

 

 Inter-American Commission on Human Rights

Annual Report

2019 


CHAPTER II

THE PETITIONS, CASES, AND PRECAUTIONARY MEASURES SYSTEM



 

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