And now:Ish <[EMAIL PROTECTED]> writes: >X-Sender: [EMAIL PROTECTED] (Unverified) >Date: Sun, 21 Mar 1999 13:47:47 -1000 >To: [EMAIL PROTECTED] >From: [EMAIL PROTECTED] >Subject: CONCLUSIONS AND RECOMMENDATIONS by Mr. Amor >Sender: [EMAIL PROTECTED] >Reply-To: [EMAIL PROTECTED] > >NOTE: This is only an excerpt from the report in regards to native >americans... which is found in the conclusions and recommendations of the >report. You can visit the UN site to view the entire report. Or for those >who do not have web browswers, just drop a line and I'll get a copy to you >via email > >k >___________________________________________________________ > > >Native Americans > >79. A situation which raises a problem is that of the Native Americans: >they have in the past been exposed to a policy of assimilation which many >of them describe, with surprising insistence, as genocide and which >continues to have effects even today. In recent years a policy in favour of >these indigenous peoples has been set in motion, particularly under the >presidency of Mr. Clinton, but it needs to be strengthened in the religious >sphere. > >80. As far as legislation is concerned, while noting advances in recent >years in the instruments emerging from the legislature and the executive >which are designed to protect Native Americans' religion in general >(American Indian Religious Freedom Act) and in particular (Native American >Graves Protection and Repatriation Act, Executive Order on Indian Sacred >Sites, Executive Memorandum on Native American Access to Eagle Feathers), >the Special Rapporteur identified weaknesses and gaps which diminish the >effectiveness and hinder the application of these legal safeguards. >Concerning the American > >Indian Religious Freedom Act, the Supreme Court has declared that this law >was only a policy statement. As for the Executive Order on Indian Sacred >Sites, unfortunately, it does not contain an "action clause", leaving the >tribes without the needed legal "teeth". Higher standards or the protection >of sacred sites are needed and effective tribal consultation should be >ensured. These recommendations are all the more necessary in light of the >October 1997 Advisory Council on Historic Preservation regulations and the >January 1997 bill (see paragraph 59 (a) and (b) above). Concerning the >Native American Graves Protection and Repatriation Act of 1990, it is >apparent that its coverage was too limited; it is of the utmost importance >that concrete solutions be found to solve the repatriation conflict between >the scientific community and tribal governments. It is also essential to >secure genuine de jure and de facto protection of Native American >prisoners' religious rites. > >81. In general, the Special Rapporteur recommends that steps should be >taken to make sure that there is no conflict or incompatibility between the >different federal, state and local laws, so as to arrive at a uniformity - >or at least a convergence - in the legal protection of indigenous peoples' >religion throughout the territory of the United States, while guaranteeing >effective application of these texts, by everyone, for everyone and >everywhere, all other things being equal (we may cite as an example the >1994 Executive Memorandum on Native American Access to Eagle Feathers -see >paragraph 59 (c) above). It is also recommended that in the legal sphere >Native Americans' system of values and traditions should be fully >recognized, particularly as regards the concept of collective property >rights, inalienability of sacred sites and secrecy with regard to their >location. Because of the decision in the Smith case, which affects Indians >inasmuch as it seems that in their case there is a lack of understanding of >their values and religion, since they are asked to "prove" their religion, >and in particular the religious significance of their sacred sites, the >Special Rapporteur reiterates his recommendations regarding, firstly, the >adoption of a unified approach to the interpretation and application of the >two constitutional clauses on "non-establishment" and free exercise of >religion and, secondly, the adoption of a general law on freedom of >religion and conviction, on the understanding that the special status of >Native Americans should be taken into account and backed up by the >principle of compensatory inequality in order to arrive at greater >equality. > >82. Because of economic and religious conflicts affecting in particular >sacred sites, the Special Rapporteur wishes to point out that the freedom >of belief, in this case that of the Native Americans, is a fundamental >matter and requires still greater protection. The freedom to manifest one's >belief is also recognized, but can be subject to limitations insofar as >they are strictly necessary and provided for in article 1, paragraph 3, of >the Declaration on the Elimination of All Forms of Intolerance and >Discrimination Based on Religion or Belief and in article 18 of the >International Covenant on Civil and Political Rights. The expression of the >belief has to be reconciled with other rights and legitimate concerns, >including those of an economic nature, but after the rights and claims of >the parties have been duly taken into account, on an equal footing (in >accordance with each party's system of values). As far as Native Americans' >access to sacred sites is concerned, this is a fundamental right in the >sphere of religion, the exercise of which must be guaranteed in accordance >with the above-mentioned provisions of international law on the matter. > >83. These recommendations apply of course to the two particular situations >of Mount Graham and Black Mesa. In the first case, according to information >received since the visit, the Italian Parliament has adopted new >legislation forbidding Italian participation in the project to set up a >telescope, which would be a profanation of the Mount Graham site. As >regards the permit delivered to the University of Arizona by the federal >water and forest service for the establishment of telescopes on Mount >Graham, which is a sacred site of the Apaches, the Special Rapporteur >considers it necessary to make sure officially that the conditions stated >above with regard to international law have been respected. On the subject >of Black Mesa, the Special Rapporteur also calls for the observance of >international law on freedom of religion and its manifestations. > > > >84. Concerning the religious rights of Native American prisoners, apart >from the recommendation made in the section on legal issues, the Special >Rapporteur recommends that the positive and practical action taken in many >federal prisons (fully compatible with security requirements, e.g. ending >the practice of cutting their hair) should become general throughout the >United States prison system and that steps should be taken to ensure, >particularly through training, and perhaps through penalties for prison >officers and governors, that these rights are not treated as privileges >that can be granted or refused at the whim of an authority or official. > >85. In general, it is essential to make society and the whole of the >administrative and political apparatus aware of the indigenous peoples' >religions and spiritual beliefs in order to prevent any attitude - often >involuntary because due to ignorance - of discrimination and intolerance in >the field of religion (cutting young Native Americans' hair in schools, >etc.). The participation of Native Americans in the executive is >particularly important and helps to promote greater awareness and reduce >the marginalization of these people; it is therefore to be welcomed. It is >also desirable that Native Americans, who in general suffer from an >accumulation of unfavourable conditions - economic, social, cultural and >religious - should benefit in practice from a policy of support to >compensate for these inequalities. The Special Rapporteur fully understands >that, as the authorities stated, the Native American question is to be >viewed in the context of a long-term process, and he welcomes the advances >made in recent years. Some official representatives, however, said that >more could be done; the Special Rapporteur shares that view and would >encourage the authorities to act accordingly. > >86. Finally, the Special Rapporteur wishes to emphasize that education can >play a primary role in making people aware of the values of tolerance and >non- discrimination in the field of religion and belief and of the richness >of every denomination and belief. In schools, in particular, it can >inculcate values based on human rights and thus encourage a culture of >tolerance. The federal authorities have launched such a preventive strategy >through the programme "Preventing Youth Crime: A Manual for Schools and >Communities". The Special Rapporteur would encourage the federal Government >to extend and develop a national policy coordinated at the federal and >state levels in the field of education in order to reach all educational >institutions, teachers, pupils and students. It is also strongly >recommended that non-governmental organizations should make a contribution. > >87. The Special Rapporteur also recommends a campaign for greater >sensitivity in the media so that they do not put out a biased and harmful >message with regard to religion and beliefs. There have to be limits on the >fundamental freedom of the press when it generates actual intolerance, the >antithesis of freedom. There is something wrong if certain media hide >behind the fundamental principle of freedom in order to pervert it. The >Special Rapporteur reiterates his recommendations regarding action to be >taken under the advisory services programme (E/CN.4/1995/91, p. 147) and >particularly the organization of training workshops for representatives of >the media. He also calls for the establishment of machinery for >consultation between the media and the religious communities. Finally, he >invites media proprietors to show a more acute sense of responsibility in >all fields. > >88. Last but not least, the Special Rapporteur wishes to emphasize the >value of the interdenominational dialogue which he found to be taking place >in certain places he visited, and particularly in California. > > The Hawai`i Petition for World Solidarity > http://www.hookele.com/hepohakualoha > LINKS TO INDIGENOUS RESOURCE INFORMATION > c o l o m b i a & IR >______________________________________________________________ > Survive & Resist Genocide - We Want Peace > >>>>>>>>> NetWarriors <<<<<<<<<< > http://www.hookele.com/netwarriors/1998.html > Peace without Truth is Genocide > Una Paz sin la Verdad es Genocidio > La paix sans la verite est Genocide > >>>>>><<<<<<< > &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
