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This is why we are committed to holding everyone to the same standard, including ourselves.” In implementing its treaty obligation under ICCPR Article 40, the United States has taken this opportunity to engage in a process of stock-taking and self-examination. Tribal leaders have stressed the importance of greater tribal control over the education of American Indian and Alaska Native students. The Administration has also accelerated the rebuilding of schools on tribal lands and is working to improve the programs available at tribal colleges. The Administration is also moving forward on other issues critical to members of Indian tribes. Signing and implementing this landmark law constitutes a major step toward fulfilling our national aspiration to provide high-quality, affordable health care to all citizens, including American Indians and Alaska Natives. The Attorney General met with the leaders of federally-recognized Indian tribes in October 2009 to discuss public safety challenges in tribal communities, and the Department of Justice issued a directive to all United States Attorneys with federally recognized tribes in their districts to develop, after consultation with those tribes, operational plans for addressing public safety in Indian country. In addition, the Federal Bureau of Investigation (FBI) added nine positions, including six agents to work on Indian country investigations. During fiscal year 2010, EEOC received 5,788 requests for hearings and 4,545 appeals from federal employee discrimination claims (compared to 10,279 hearing requests and 7,490 appeals in 2005). 1325 (2011) (Fair Labor Standards Act prohibition against retaliation extends to internally-made oral complaints); Thompson v. Among other activities, HHS Secretary Sebelius is working with Secretary Donovan of the Department of Housing and Urban Development to improve access to housing, community support, and independent living arrangements. 345(a)(4); · Investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General, 6 U. Similarly, the EEOC reaches out to new immigrants in many ways, including by offering information about employment discrimination and how to file EEOC charges in languages such as Spanish, Arabic, Chinese, Haitian/Creole, Korean, Russian, and Vietnamese. There have generally been fewer allegations of the violation of procedural rights than physical abuse allegations. When problems arise or allegations are raised regarding misconduct, the Attorney General may also initiate an investigation. An in absentia order may be rescinded in two circumstances: (1) the alien may make a motion to reopen within 180 days of the final order if he or she can show that the failure to appear was due to exceptional circumstances; or (2) the alien may file a motion to reopen at any time showing that he or she did not receive proper notice of the hearing, 8 U.
The United States hopes to use this process to improve its human rights performance. As President Obama has stated, “Despite the real gains that we’ve made, there are still laws to change and there are still hearts to open.” 3. First Lady Michelle Obama has also made a particular effort to involve Native American youth in her “Let’s Move! She has, for example, recruited Native American athletes to encourage Native American children to adopt healthy lifestyles. Another public health challenge on which the Administration is focusing particularly intensely is the unacceptably high rate of suicide by Native American youth. The Administration has held listening sessions with tribal leaders across the country. In 2010, the FBI Office for Victim Assistance added 12 additional Victim Specialist positions to provide victim assistance in Indian country. On the other hand, certain governmental distinctions or classifications, such as those based on race and sex, have been recognized as inherently suspect or quasi-suspect and therefore have been subjected to more exacting judicial scrutiny and judged against more stringent requirements. In the federal sector, retaliation claims outnumber all others, followed by race and sex discrimination claims. In implementing the Olmstead decision and the community living initiative at HHS, Secretary Sebelius has created an HHS Coordinating Council, led by the Office on Disability. 345(a)(1); · Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights or civil liberties of individuals affected by the programs and activities of the Department, 6 U. The EEOC in particular has worked to ensure that the Arab- and Muslim-American communities are aware of their rights to a workplace free from discrimination and to religious accommodations, barring undue hardship, of sincerely held religious beliefs. 2010), a federal appellate court held that constitutional habeas corpus jurisdiction did not extend to aliens held in law of war detention in the Bagram detention facility in Afghanistan. The Office of Inspector General within DOJ conducts such investigations.
Because at the time of our founding, I had no rights -- people who looked like me. In that context, there is a significant need as well as opportunity for fostering the development of future American Indian and Alaska Native leaders with the scientific and technological skill required to assist tribal communities in managing their lands and developing their energy resources. With the goal of expanding such testing to include discrimination based on sexual orientation and gender identity, HUD held consultations with residents in five cities to offer ideas on how to test for such additional bases of discrimination. The EEOC enforces Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Titles I and V of the Americans with Disabilities Act of 1990 (as amended), Sections 501 and 505 of the Rehabilitation Act of 1973, and Title II of the Genetic Information Nondiscrimination Act of 2008. 271 (2009) (Title VII anti-retaliation protection extends beyond protection for filing a charge of discrimination and includes those who participate in internal investigations regarding workplace discrimination); Gomez-Perez v. During fiscal year 2010, HHS/OCR completed 1,859 new Medicare application reviews. Despite the legal protections in force and the work to ensure equal access to health care, some civil society representatives have raised concerns regarding racial and ethnic disparities in access to health services, including reproductive health services for women, and in some health indices in the population. DOJ has been actively pursuing enforcement actions in a variety of states to require community placements for persons with disabilities. The Department of Housing and Urban Development (HUD) has embarked on a post-Olmstead initiative, using existing enforcement tools under Section 504, the Fair Housing Act, and title II of the ADA. In addition, other federal government departments also have active outreach programs to immigrant communities. When the actual practice of detention in the United States does not meet constitutional standards, individuals are held accountable. 1997(a), authorizes the Attorney General of the United States to sue for equitable relief when there is reasonable cause to believe that a state or locality is subjecting institutionalized persons to conditions that deprive them of their rights under the Constitution or federal laws. Persons being detained prior to trial or while waiting for immigration hearings are normally sent to special detention facilities or housing units within correctional institutions. Decisions of immigration judges in removal cases may be appealed to the Board of Immigration Appeals within 30 days of the judge’s decision.
But it is because of that process that I can now stand before you as President of the United States. To help develop these future energy leaders, the Department of Energy contributes to the education of American Indian and Alaska Native youth through two initiatives: Tribal Energy Program’s internship program with Sandia National Laboratory, and a new pilot project called the American Indian Research and Education Initiative (AIREI). Those consultations have informed a Housing Discrimination Study into the area of LGBT discrimination. The EEOC accepts charges of employment discrimination and investigates, attempts to resolve, and in some instances litigates these charges. These issues are discussed in more detail in the U. reports to the Committee on the Elimination of Racial Discrimination, available at Specifically HUD has: HUD also uses its enforcement authority to promote and protect the rights of persons with disabilities to equal access to housing with reasonable accommodations. In addition, on July 30, 2009, the United States signed the United Nations Convention on the Rights of Persons with Disabilities. DOJ/CRD works closely with immigrant communities to address civil rights concerns, such as racial profiling by law enforcement and discrimination in the areas of housing, employment and education, and prosecute racially- or ethnically-motivated hate crimes against immigrants. The Civil Rights of Institutionalized Persons Act (CRIPA), 42 U. These inmates are, to the extent practicable, managed separately from convicted offenders.
Thus, this report is not an end in itself, but an important tool in the continuing development of practical and effective human rights strategies by the U. The organization of this periodic report follows the General Guidelines of the Human Rights Committee regarding the form and content of periodic reports to be submitted by States Parties as contained in document CCPR/C/2009/1. On July 29, 2010, President Obama signed into law the Tribal Law and Order Act which requires the Justice Department to disclose data on cases in Indian country that it declines to prosecute and gives tribes greater authority to prosecute and punish criminals themselves. For example, classifications on the basis of racial distinctions must be justified as narrowly tailored to achieve a compelling governmental interest. More details about EEOC enforcement can be found at gov and in United States’ reports to the Committee on the Elimination of Racial Discrimination, available at Supreme Court has endorsed the importance of anti-retaliation provisions in a series of recent decisions arising under a variety of different civil rights protections. HHS’s Office for Civil Rights (HHS/OCR) is a member of the Coordinating Council, along with the Administration for Children and Families, the Administration on Aging, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Office of the Assistant Secretary for Planning and Evaluation, the Office of Public Health and Science, and the Substance Abuse and Mental Health Services Administration. Reaching out to immigrant communities continues to be an important means of addressing concerns regarding racial, ethnic, and religious discrimination. 2000ee-1, which require the DHS Officer for Civil Rights and Civil Liberties to: · Review and assess information alleging abuses of civil rights, civil liberties, and racial, ethnic, or religious profiling, 6 U. The Department of Justice offers pamphlets on national origin discrimination in different languages, available at The Department of Housing and Urban Development (HUD) also reaches out to immigrant communities to educate residents on their rights under the Fair Housing Act through publications that are translated into many languages. The court relied on the facts, inter alia, that the United States exercises less control in Afghanistan than in Guantanamo, and that Bagram is located in an active theater of armed conflict. In addition, the BOP also investigates allegations of staff misconduct internally through its Office of Internal Affairs. If an alien fails to appear at his or her removal hearing, he or she will be ordered removed from the United States if the government establishes by “clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable,” 8 U.
If our democracy did not advance those rights, then I, as a person of African ancestry, wouldn't be able to address you as an American citizen, much less a President. American Indians and Alaska Natives have the highest percentage of un-electrified and un-weatherized homes, and the highest rates for fuel and electricity in the country are found in tribal communities. OCR added new data items to the 2009-2010 CRDC, such as students’ participation in algebra and other college-preparatory subjects, retention, teacher experience/absenteeism, school funding, harassment, restraint/seclusion, and additional information related to discipline. This is one of the issues raised in civil society consultations. To identify racial and ethnic discrimination in housing, HUD and DOJ/CRD use testers of different backgrounds who apply for the same living accommodations. The EEOC is the lead federal agency dealing with employment discrimination. 474 (2008) (Age Discrimination in Employment Act protections against discrimination for federal employees and applicants includes prohibition against retaliation); CBOCS West, Inc. Through this program, HHS/OCR also provides technical assistance to Medicare applicants, reviews health care facilities’ policies and procedures for civil rights compliance, and sends clearance letters to facilities that have demonstrated compliance. Further, DOJ, which leads the federal government’s enforcement of the ADA, has stressed its renewed commitment to litigation under Olmstead, including its willingness to transform its approach to investigating and litigating cases involving the institutionalization of individuals with disabilities, so that DOJ can best realize the full promise of Olmstead. The BOP places inmates in facilities commensurate with their security and program needs through a system of classification that allows the use of professional judgment within specific guidelines. Home » Under Secretary for Civilian Security, Democracy, and Human Rights » Bureau of Democracy, Human Rights, and Labor » Releases » Report Concerning the International Covenant on Civil and Political Rights (ICCPR) » Fourth Periodic Report of the United States of America to the United Nations Committee on Human Rights Concerning the International Covenant on Civil and Political Rights I. It is with great pleasure that the Government of the United States of America presents its Fourth Periodic Report to the United Nations Human Rights Committee concerning the implementation of its obligations under the International Covenant on Civil and Political Rights (“the Covenant” or “ICCPR”), in accordance with Covenant Article 40. But it is our commitment to certain universal values which allows us to correct our imperfections, to improve constantly, and to grow stronger over time. Working with tribal leaders, this team is helping to shape federal policies that affect tribal communities. As a follow-up to the first Tribal Nations Conference, Secretary of the Interior Salazar and Secretary of Education Arne Duncan met with prominent Native American educators to discuss the educational challenges and opportunities facing tribal communities and to share strategies that have helped to advance opportunities for Native American students around the nation. In fiscal year 2011, it has initiated 37 compliance reviews and resolved 4. The IDEA and its implementing regulations provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in any state or local school district with respect to the identification of children with disabilities, their placement into particular educational settings, and the incidence, duration, and type of disciplinary actions taken against students with disabilities. Part 104, prohibit recipients of ED’s financial assistance from discriminating on the basis of disability. Its dedicated fair lending unit is targeting its enforcement actions to specific discriminatory lending practices, including: 74. § 1981 against discrimination in making and enforcing contracts include employment contracts where the victim is targeted for retaliation for attempting to help another); Jackson v. Through prevention and elimination of unlawful discrimination, HHS/OCR helps HHS carry out its overall mission of improving the health and well-being of all people affected by its many programs. HHS/OCR carries out these responsibilities primarily through conducting investigations to resolve discrimination complaints brought by individuals. In turn, the decisions of the Board of Immigration Appeals may be further appealed to a federal court of appeals through the filing of a “petition for review” within 30 days of the Board’s decision. The United States is committed to promoting and protecting human rights. Freedom of speech and assembly has allowed women, and minorities, and workers to protest for full and equal rights at a time when they were denied. Court of Appeals for the District of Columbia Circuit rendered its opinion on the appeal, holding that while the district court’s analysis of duty and breach were generally correct, the court had erred in freeing the DOI from its burden to make an accounting. In addition to providing support for tribal schools and colleges, the Department of the Interior has actively provided educational and training opportunities for Native American youth related to current energy, environmental and business challenges, often in partnership with universities and research centers. In addition, in fiscal year 2011 OCR has launched 3 directed investigations involving sexual harassment and violence and one involving racial harassment. 1400 et seq., as amended, requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. Where significant disproportionality exists, states must provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure compliance with the IDEA; require any school district so identified to reserve fifteen percent of its total IDEA grant funds to provide coordinated early intervening services, particularly to children in the over identified group; and require school districts so identified to report publicly on revisions to policies, procedures, and practices. 794, and the Department of Education’s implementing regulations, 34 C. Recipients are prohibited from disability-based discrimination in elementary and secondary schools and postsecondary institutions. Since the fair lending unit was created in 2010, DOJ/CRD has filed six fair lending cases involving allegations of a pattern or practice of discrimination or discrimination against a group of persons. (2010), a Fair Housing Act case alleging discrimination on the basis of race and familial status in apartment rentals. It also works with its sister civil rights agencies throughout the federal government to sponsor public education events and develop technical assistance material to raise awareness of civil rights requirements. As some members of civil society have noted, concerns have been raised about the treatment of persons in prisons and mental health facilities. It also takes into account the Concluding Observations of the Human Rights Committee published 18 December 2006 (CCPR/C/USA/CO/3/Rev.1). In 2008, the district court held that DOI continued to breach its duty to account for trust funds, but that an accounting of the funds was impossible as a matter of law. In addition, it strengthens tribal courts and police departments and enhances programs to combat drug and alcohol abuse and help at-risk youth. In addition to suits on behalf of individuals who experience discrimination, it investigates and brings cases challenging patterns or practices of discrimination. HHS/OCR is also partnering with the Department of Justice to promote vigorous enforcement of the Americans with Disabilities Act (ADA) and the Olmstead decision, and to maximize the effectiveness of federal leadership in promoting civil rights and setting forth the Administration’s position in federal courts. HHS/OCR investigates complaints alleging violations of ADA’s “integration regulation,” which requires that individuals with disabilities receive public services in the most integrated setting appropriate to their needs. 1997), described in paragraph 34 of the Second and Third Periodic Report. CRCL conducts regular roundtable meetings that bring together DHS officials with diverse communities in cities across the country. Do D Directive 1350.02 provides that it is Do D policy that “[s]ervice members shall be evaluated only on individual merit, fitness, and capability. forces, while also ruling that habeas relief is governed by equitable principles, and that habeas jurisdiction could not be exercised to enjoin the United States from transferring individuals to a foreign sovereign for criminal trial in the context of that case, where the individuals were detained within the territory of a foreign sovereign on behalf of that sovereign pending their criminal prosecution, and where the United States government had a firm commitment not to transfer individuals if they were more likely than not to face torture. As discussed in paragraphs 259-299 of the Initial Report and paragraphs 174-175 of the Second and Third Periodic Report, the Fifth, Eighth, and Fourteenth Amendments to the U. Constitution, as well as state constitutions and federal and state statutes, regulate the treatment and conditions of detention of persons deprived of liberty by state action. Congress may also initiate an investigation of the BOP’s operations where problems are brought to its attention. In situations in which the removal consequences of a particular plea are unclear or uncertain, however, “a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.” Id.
Remarks by President Obama at the New Economic School, Moscow, July 7, 2009. Treaty reporting is a way in which the Government of the United States can inform its citizens and the international community of its efforts to ensure the implementation of those obligations it has assumed, while at the same time holding itself to the public scrutiny of the international community and civil society. The court thus granted monetary relief to the plaintiffs in the amount of 5.6 million, based on the unproven shortfall of the trusts’ actual value as compared to its statistically likely value. AIREI will recruit Native American students to join student/faculty teams to participate in community energy projects on tribal lands, with the mentorship of the Department’s National Laboratories. During fiscal year 2010, the EEOC received a total of 99,922 such charges (compared to 75,426 charges in fiscal year 2005, the year of the last report). 863 (2011) (Title VII anti-retaliation protections cover adverse actions against a worker in the “zone of influence” of the person who has engaged in protected activity, which includes firing the fiancé of a worker who filed an EEO complaint); Crawford v. The United States continues actively to address such issues through numerous legal and programmatic mechanisms, including through enactment and implementation of the Patient Protection and Affordable Healthcare Act of 2010. In addition to the protections for persons with disabilities in education and employment, discussed above, U. law also includes other more general protections for persons with disabilities. In authorizing Ambassador Rice to sign the Convention, the President issued remarks calling on the Senate to provide prompt advice and consent upon transmittal. The Department of Justice’s Community Relations Service (DOJ/CRS) provides conflict resolution services, including mediation, technical assistance, and training throughout the United States to assist communities in avoiding racial and ethnic conflict and preventing violent hate crimes on the basis of race, color, national origin, gender, gender identity, sexual orientation, religion or disability. To help manage the federal inmate population, and when it is cost effective and consistent with the agency’s mission and programs, in some cases BOP contracts with privately-operated prisons and community corrections centers (or halfway houses). Complaints about the failure of individual law enforcement officers to comply with procedural rights are made to federal and state authorities.
As Secretary of State Hillary Clinton has stated, “Human rights are universal, but their experience is local. Through these efforts DOE and the National Laboratory resources are integrated into the national American Indian STEM (Science, Technology, Engineering and Mathematics) educational infrastructure, providing a significant contribution to the science education experience of Native American students, particularly those pursuing careers in energy development. Perhaps the most important long-term investment for any country, people, or individual is in education. law to enhance the role of tribes in the education of their youth and to give them greater flexibility in the use of federal funds to meet the unique needs of American Indian and Alaska Native students. health care system, enacted in March 2010, includes important provisions to reduce the gaping health care disparities that Native Americans still face. government has also made improving public safety in tribal communities a high priority; in 2009, Attorney General Holder announced a Department of Justice initiative for this purpose. Attorneys dedicated to prosecuting crime in Indian country in nearly two dozen districts. Of these, 36.3 % alleged retaliation, 35.9 % discrimination based on race, 29 % on sex, 23.3 % on age, 25.2 % on disability, 11.3% on national origin, and 3.8 % on religion. The EEOC also conducts administrative hearings and adjudicates complaints of employment discrimination filed against the federal government as an employer, and it may award relief to federal government employees and applicants. Under a United States Supreme Court ruling interpreting the Americans with Disabilities Act (ADA), states must place qualified individuals with disabilities in community settings rather than in institutions, whenever community placement is appropriate, and when the placement can be reasonably accommodated, taking into account factors such as available state resources and needs of others with disabilities. The link to the President’s remarks can be found at: The Department of Health and Human Services (HHS) also plays a key role in carrying out the President’s community living initiative. 345(a)(6); and · Periodically investigate and review Department, component, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering civil liberties in its actions, 42 U. DOJ/CRS works with a panoply of racial and ethnic groups in the United States, including new immigrants as well as Hispanic Americans, Asian Americans, South Asian Americans, Somali Americans, Ethiopian Americans, Arab Americans and others. Offenders in these facilities are under the custody of the Attorney General, even though daily management is administered by the facility staff. The Criminal Section of the DOJ/CRD is charged with reviewing such complaints made to the federal government and ensuring the vigorous enforcement of applicable federal criminal civil rights statutes.