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Elimination of Racial concerned that the concept of
Discrimination noted that peimanent tnisteeship over
Alaska was listed under the Indian and Alaska native
General Assembly resolution tribes and their land as well as
66 (I) in 1946. It then posed the actual exercise of this
an important question: What tnisteesbip in managing the
did the United States do to so called hidividual Indian
involve the Indigenous Money (IIM) accounts may
Peoples of both Alaska and inftinge the full enjoyment of
Hawaii in a process toward their rights under the
self-government? CERD Covenant. Finally, the
further noted that the United Committee regrets that it has
States had consistently denied not received sufficient
that Tsarist Russia had information on the conse-
acquired governing authority quences on the situation of
in Alaska. Thus the United Indigenous Native Hawaiians
States had not acquired title of Public Law 103-150
Comtnittee as it had Discation.
over Alaska by virture of its apologizing to the Native
manipulated the Alaska case
19th century "purchase" from Hawaiians Peoples for the
before the General Assembly Are you going to bring
Tsarist Russia. Nemo dat illegal overthrow of the
in 1959, when it had Alaska the matter before the
quod non habet. Alas, these Kingdom of Hawaii, which
taken out of the reporting Human Rights Council?
questions were not addressed resulted in the suppression of
procedures envisaged under
by the US Delegation and the inherent sovereignty of
article 73 of the UN Charter. Cerkainly. For example, the
were left hanging. the Hawaiian people. (articles
Before that the US had U.S. can be called on in 2010
1, 26 and 27 in conjunction
engineered the so-called in the new {JPR procedure.
How did the debate befo- withArticle 2, paragraph 3 of
referendum of I958 which Although we have not seen
re the UN Human Rights the Covenant).
had subjected the hidigenous any state with similar
Committee go in 2006
Nations ofAlaskato intimida- situations questioned or
when the 2nd and 3rd "The State party should
tion and fines in connection appropriately dealt with. This
reports of the United review its policy towards
with their inability to read, seems to be one of the weak-
States were examined? indigenous peoples as regards
write or speak English. By nesses of the UPR procedure.
the extinguisbment of abori-
contrast, however, the US
The Human Rights ginal rights on the basis ofthe
military personnel temporari- What do you realistically
Committee issued important plenary power of Congress
ly stationed in Alaska, white expect?
Concluding Observations regarding Indian affairs and
setklers and newcomers were
expressing: "concern that no grantthemthe same degree of
allowedtovoteto approvethe Weneed to alert and appealto
action has been taken by the judicial protection that is
amiexation of Alaska. This the intemational community
State party to address [the available to the non-
was conbary to international to examine our case so that
Committee's] previous indigenous population. It
practice with regard to self- the injustices committed to
recommendation relating to should take fiuther steps in
determination-e.g. in the the First Nations of Alaska
the extinguishment of orderto securetherights ofall
case of the Advisory Opinion can be remedied. The denial
aboriginal and indigenous indigenous peoples under
of the ICJ on Westem Sahara. of the right to self-
rights. The Commitkee, wie articles 1 and 27 of the
Inthe light ofthe Committee's determination based on racial
noting that the guarantees Covenant to gj've them greater
concluding observations, the discrimination is already
provided by the Fifth amend- influence in decision-making
question of Alaska must be recognized as a gross
ment apply to the taking of affecting their natural
considered to be open. violation of international jus
land in situations where environment and their means
cogem. Perhaps some pressu-
treaties concluded between of subsistence as well as their
Has there been any re could be brought to bear on
the federal government and own culture,"
follow-up? the United States so that our
hidian tribes apply, is concer-
Territory and natural resour-
ned that in other sihiations, in Are you satisfied with the
Unfortunately nothing is ces are rehimed to us. The
particular where land was Human Rights
moving with the Human problem remains one of
assigned by creating a Committee's attention to
Rights Committee, but they information. No one knows
reservation or is held by the problems of the
do have a Special Rapporteur about us, and very few peo-
reason of long possession and indigenous in Alaska?
for Follow Up of Concluding ple care. We will continue to
use, tribal properly rights can
Observations and Recom- promote our case until it is
be extinguished on the basis The Committee did take our
mendations. We are pursuing pddressed and remedied. We
of the plenary authority of "shadowreport" seriously and
other procedures and drawing cannot give up, we never
Congress for conducting much discussion ensued in
ngo and civil society attention will.
Indian affairs without due the plenary. The problem is
to the unanswered questions The interview was conducted
process and fair compensa- elsewhere: implementation.
posed by the Committee on at the Palais des Nations by
tion. The Committee is also The United States equivoca- Professor Alfred de Zayas
the Elimination of Racial
ted the issues before the
32 2 2008 Diva
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