In follow-up to our previous news item, URGENT ACTION: SIGN THE PETITION - U.S. Border Wall violates International Law; U.S. Law violates Lipan Apache Indigenous Rights (see related UN CERD action), calling for signatures of support to our collective, joint indigenous Lipan Apache and supporting submissions to UN CERD, University of Texas Law Clinic statements, and campaign therein, and in continuation and support of years of notable and groundbreaking work of Dr. Eloisa Tamez and Margo Tamez, who are Indigenous Lipan Apache Nde grandmother, mother and daughter, activists, scholars and experts, and their many supporters and colleagues, in several key legal and related actions fighting for Lipan Apache Nde and Apache Nde peoples' rights to traditional lands, ceremonies, family, historical and current remedy and restoration of sovereign rights and more:
The United Nations Committee on the Elimination of Racial Discrimination (UN CERD) has written to the United States for communication concerning allegations, submissions and evidence that the United States-Mexico border wall and the current U.S. Executive Order to expand the border wall are in violation of Indigenous Rights of the peoples whose homes and territories the wall and any expansion of the wall divide and affect, namely, in accordance with submissions made to the CERD Committee on the matter(s), discriminatory impacts on the Lipan Apache, Kikapoo, and Ysleta del Sur Pueblo indigenous peoples and communities.
Excerpts are as follows (click here for the full document) -
“The Committee is informed of the worsening of the situation of indigenous peoples in the same area. It is informed that the discriminatory effect of the previously constructed wall has not been remedied. 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 reconfirms and recommends the United States 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'." [emphases added]
The United States is requested to submit a response to the CERD decision by 17 July 2017, in particular:
- 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 they own or traditionally use;
- Measures envisaged to reverse the negative impact of the expansion of the border wall on the rights of indigenous peoples;
- Measures taken to ensure the free, prior and informed consent of the indigenous peoples, or genuine consultation, in decisions affecting them. [emphasis added]
WE still need your signatures and support!
Sign here in support of the UN CERD, Lipan Apache Band, Lipan Apache Women Defense (LAWD), Apache Nde Nnee Working Group (ANNWG), International Organization for Self-Determination and Equality (IOSDE), and University of Texas Law Clinic statements and positions against the U.S. Mexico border wall's violations of Indigenous and Human Rights:
Per UN CERD request, the United States has until this 17 July 2017, just under two months, to reply to the UN CERD Committee. We must continue to be active and vigilant, so as to ensure the United States upholds its side of the UN CERD treaty and takes all necessary actions to be in compliance with International Human Rights Law.
General contact point: Apache Nde Nnee Working Group, firstname.lastname@example.org