Thursday, May 25, 2017
Editors' Note: Guest blogger Prof. Ariel Dulitzsy and graduate fellow Scott Squires describe their successful efforts to request that CERD investigate the impact of the proposed border wall on indigenous people.
In a letter issued May 17, the UN Committee on the Elimination of Racial Discrimination asked that the U.S. Government provide information on the Trump administration’s expansion of the border wall and its effects on indigenous peoples living along the U.S.-Mexico border.
Under its early warning and urgent action procedure, CERD requested that the U.S. provide the information to address concerns that the expansion of the wall—as outlined in the Trump Administration’s executive order issued January 25th —will discriminate against indigenous groups living in the border region.
Specifically, the letter asked that the U.S. Government provide information regarding the impact of the executive order on indigenous peoples’ rights to access their land and resources, ways in which the government plans to limit the adverse effects of the wall on those people’s rights, and measures taken by the U.S. Government to ensure the free prior and informed consent of those peoples in decisions affecting them.
CERD submitted the letter after the University of Texas at Austin School of Law’s Human Rights Clinic requested last February that the Committee re-consider the situation of indigenous and poor Latino communities along the US-Mexico border in light of the executive order. The Clinic, Dr. Margo Tamez (Lipan Apache Band of Texas) and the Lipan Apache Women Defense, an Indigenous Peoples’ Organization initially submitted a complaint to CERD in 2013 alleging the discriminatory impacts that wall would have on the Kikapoo, Ysleta del Sur Pueblo and Lipan Apache communities living along Texas’ border with Mexico. CERD, at that time, was concerned that the border wall has been constructed without the free, prior and informed consent of the affected communities.
The wall’s discriminatory effects on those groups have not been remediated, according to the Committee. And because Trump’s executive order intends to expand the wall along the entirety of the U.S.-Mexico border, CERD is now concerned that the construction of the wall will more broadly “hinder the full enjoyment” of the rights of indigenous peoples living in the border region.
The U.S. Government has until July 17, 2017 to respond to the request.