Posted on March 21, 2008
by: Gale Courey Toensing

GENEVA - While the presidential campaign has brought the issue of race and racism in America into the discussion in the mainstream media, the U.S. government has come under vigorous criticism in the international arena for its discriminatory treatment of American Indians, blacks, Latinos, Arabs and other racial minorities, and for its ''insufficient will'' to take action against the high incidence of sexual violence against indigenous women.

In a report published in early March, the Geneva-based U.N. Committee on the Elimination of Racial Discrimination said the United States is failing to meet its obligations and international standards on racial equality.

The CERD is responsible for monitoring global compliance with the 1969 Convention on the Elimination of All Forms of Racial Discrimination, an international treaty that the U.S. ratified.

The report followed a review by the 18-member CERD of the U.S. government's written and oral testimony as well as a ''shadow report'' submitted by the nonprofit International Indian Treaty Council and the Western Shoshone Defense Project that was compiled from submissions from indigenous peoples, tribes, organizations and communities around the country.

The CERD report found ''stark racial disparities'' in the criminal justice system and ''wide racial disparities'' in the areas of human rights violations, environmental racism, health care, housing and education.

With regard to environmental racism, the CERD noted the discriminatory nature connected with the exploitation of natural resources on indigenous lands in countries outside the United States by ''transnational corporations'' registered in the United States.

The report also registered concern about nuclear testing, toxic and dangerous waste storage, and mining or logging in areas of spiritual and cultural significance to American Indians - without regard to whether they are on ''recognized'' reservation lands.

Lenny Foster, Dine' and IITC board member, presented testimony to the committee in February.

''Spiritual wellness and spiritual healing are paramount to the very survival of the indigenous nations of North America. There are efforts to prohibit and impede the spiritual access to the lands considered sacred. These lands are being utilized by indigenous peoples for prayer offerings, vision quests, pilgrimage and ceremonies. Corporations cannot be allowed to prohibit access and to destroy and pollute and desecrate the sacred lands,'' Foster said.

The committee recommended that the U.S. government recognize the right of Native people to participate in decisions affecting them, and consult indigenous peoples before going ahead with any activity in areas of spiritual or cultural significance.

The committee also asked the United States to provide information about what it has done to promote the culture and traditions of American Indian, Alaska Native and Native Hawaiian peoples. While noting the United States voted against the adoption of the Declaration on the Rights of Indigenous Peoples, it also urged the United States to apply the declaration's principles in its dealings with indigenous peoples.

This is the second time in less than two years that the U.S. government has been found to be falling short of its treaty obligations. In March 2006, the CERD had harshly criticized the United States for violating American Indians' land rights.

The committee also said it remains ''deeply concerned'' about the high incidence of rape and sexual violence against American Indian and Alaska Native women. The committee urged the United States to increase its efforts to prevent and punish violence and abuse against women belonging to racial, ethnic and national minorities, and further asked the United States to report on the numbers of victims, perpetrators, convictions and the types of sanctions imposed in its next periodic report.

Lucy Simpson, staff attorney for the Indian Law Resource Center in Helena, Mont., praised the committee's recommendations in a press release issued by the center.

''Now that a U.N. committee has raised concern regarding the shocking rates of sexual violence against Native women, it is our hope that the United States will take the necessary action to ensure Native women are provided equal access to justice,'' Simpson said.

Indigenous leaders applauded the committee's decision to ask the United States to submit its report on compliance within one year and promised to monitor that state's progress.

''It is important that all Native peoples within the U.S. know that they have rights that are recognized by international law, even if the U.S. refuses to recognize them or act upon them,'' said Alberto Saldamando, IITC general counsel.

He said the IITC looks forward to working with other organizations to make sure that the United States implements the CERD's recommendations as is required under legally binding international human rights obligations.

''Now it is not just us, but the international community that has recognized that indigenous peoples within the U.S. are subject to racism on many levels and has called for effective steps by the U.S. to remedy this situation. We will be watching closely to see if the U.S. finally decides to become a country which operates under the rule of law.''