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Specific discussions in areas such as economic development and natural resources, public safety and housing, education, and health and labor, were also led by other high-level Administration representatives. For example, the United States Environmental Protection Agency finalized an Agency-wide Tribal Consultation Policy on May 4, 2011, to fully comply with Executive Order 13175 on tribal coordination and consultation. The White House issued a synopsis of the event at: Earlier the same day, President Obama signed an Executive Order that establishes an initiative that will help expand educational opportunities and improve educational outcomes for all American Indian and Alaska Native students, including opportunities to learn their Native languages, cultures, and histories and receive a complete and competitive education that prepares them for college and a career and productive and satisfying lives. The Secretary of the Interior may collect income from tribal trust property and may deposit it for the benefit of the relevant tribe in the United States Treasury or other depository institution. Approximately 56 million surface acres and 57 million acres of subsurface mineral estates are held in federal trust for the use and benefit of tribes and individual Indians. In addition, USDA will also provide a total of up to 0 million in debt relief to successful Hispanic and female claimants who currently owe USDA money for eligible farm loans. As noted in the Second and Third Periodic Report, under United States immigration law, an alien is “any person not a citizen or national of the United States,” 8 U. The Bureau is focusing on four policy areas: 1) promoting high-growth, high-paying “green” jobs, nontraditional jobs, and science, technology, engineering and mathematics (STEM) occupations for women; 2) narrowing the wage gap between men and women; 3) promoting work-life balance, especially workplace flexibility; and 4) improving services for homeless women veterans. Rather, plaintiffs must identify a specific employment practice common to all class members to satisfy Rule 23(a)(2). 2000e (k) (2004), which amended Title VII of the Civil Rights Act, protects women from employment discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” The PDA requires that pregnancy be treated the same as other physical or medical conditions with respect to leave, health insurance, and fringe benefits. The revisions to the parole guidelines were informed in part by recommendations from the United Nations High Commissioner for Refugees and nongovernmental organizations. The Resource Center will provide additional training, technical assistance, and program implementation resources to the field to assist in the identification and promulgation of best practices and promising practices. During the removal proceedings, the immigration judge has the authority to determine whether an alien is inadmissible or deportable, to grant relief from removal (e.g., voluntary departure, asylum, cancellation of removal), and to determine the country to which an alien should be removed. The Policy provides tribal governments a meaningful opportunity to provide input before EPA makes final decisions on actions that may affect tribal interests and supports EPA's priority of strengthening its partnership with tribes. A second White House Tribal Nations Conference was held in December 2010 to continue the dialogue and build on the President’s commitment to strengthen the government-to-government relationship between the U. During this Conference, President Obama announced United States support for the United Nations Declaration on the Rights of Indigenous Peoples and noted that the United States was releasing a more detailed statement about U. support for the Declaration and the Administration’s ongoing work on Native American issues. The White House also released a report, “Achieving a Brighter Future for Tribal Nations,” which provides a summary of some of the many actions the Obama Administration has taken to address the concerns of American Indians and Alaska Natives. Allotted lands remained allotted, but the IRA provided that unallotted surplus Indian lands would return to tribal ownership. Trust land is maintained both on and off Indian reservations, and may not be alienated, encumbered, or otherwise restricted without the approval of the Secretary of the Interior. The Director of the Women’s Bureau is the principal adviser to the Secretary of Labor on issues affecting women in the labor force. In addition, the Court held that the plaintiffs’ claims for back pay could not be certified under Rule 23(b)(2), which does not permit certification of class actions for individualized monetary relief claims. The Pregnancy Discrimination Act (PDA) of 1978, 42 U. As noted in paragraphs 65 to 68 of the Second and Third Periodic Report, the Supreme Court has held that the PDA protects not only female employees, but also the female spouses of male employees. Finally, as noted above, DOJ/CRD has prosecuted state and local prison guards and other law enforcement officers for sexually assaulting persons in custody and for enticing inmates to sexually assault a prisoner. In 2009, the Inspector General of DOJ (DOJ/OIG) issued a further report on the issue. Competitive elections allow us to change course and hold our leaders accountable. Tribal lands are home to the most underserved populations in terms of energy services in the United States. ED/OCR oversees the Civil Rights Data Collection (CRDC), which collects data related to public school districts and elementary and secondary schools’ obligations to provide equal educational opportunity, including student enrollment and educational programs and services data that are disaggregated by race/ethnicity, sex, English learners (EL), and disability. Many of the victims in these cases are minority women. Despite the numerous laws and policies designed to ensure equal access to housing, racial disparities in housing and lending are of continuing concern. Government is aware of these issues and is committed to working to eliminate any disparities that exist. In addition to resolving individual complaints and public education, HHS/OCR conducts reviews of new Medicare provider applicants to ensure compliance with federal civil rights laws. On June 2, 2009, the 10 anniversary of the Olmstead decision, President Obama launched “The Year of Community Living,” a new effort to eliminate the unjustified institutional isolation of individuals with disabilities, including children with disabilities, and directed the appropriate federal agencies to work together to identify ways to improve access to housing, community support, and independent living arrangements. A number of concerns have also been raised concerning detention policies and practices, including the extensive use of solitary confinement, long prison sentences, detention of juveniles, and the high percentage of the population that is incarcerated. BOP operates 117 correctional facilities in 96 locations throughout the nation, including 16 penitentiaries, 76 correctional institutions, 7 independent prison camps, 13 detention centers, and 6 medical referral centers. 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. 242 may also be pursued against officers who mistreat incarcerated individuals, and civil remedies are also available against state authorities under 42 U. These facilities house approximately 177,600 federal prisoners. Nearly 500 tribal leaders participated, as well as Members of Congress, several cabinet secretaries and other senior administration officials from the Departments of State, Justice, Commerce, Education, Energy, Agriculture, Labor, Health and Human Services, Housing and Urban Development, the Interior, and the Environmental Protection Agency. commitment to strengthening the government-to-government relationships with federally recognized tribes and furthering U. Session topics included: Creating Jobs and Growing Tribal Economies, Promoting Safe and Strong Tribal Communities, Protecting Natural Resources and Respect for Cultural Rights, Improving Access to Healthcare, Education, Housing, Infrastructure and Other Federal Services, and Strengthening the Government-to-Government Relationship. The federal government retained control of lands already allotted, but not yet fee-patented, and thereby retained its fiduciary obligations to administer the trust lands and funds arising from those lands for the benefit of individual Indian beneficiaries. The Cobell case was filed in 1996 as a class action on behalf of approximately 500,000 individual beneficiaries of IIM accounts, alleging that the Secretaries of the Interior and Treasury had breached their fiduciary duties relating to accounting of IIM accounts, and seeking declaratory and injunctive relief, see Cobell v. The United States’ combined Fourth, Fifth and Sixth Periodic Report was submitted to the Committee on 24 April 2007, and a United States delegation appeared before the CERD Committee concerning that Report at its 72 Session, 18 February - 7 March 2008. reports and Committee’s Concluding Observations and Recommendations are available at The time for filing a claim began on June 29, 2011, and will end on December 27, 2011. On June 10, 2010, President Obama issued a proclamation commemorating the 90 Anniversary of the Department of Labor Women’s Bureau, established by Congress in 1920. Rather, regional and individual store managers had discretion to make decisions on pay and promotion for employees in their regions or stores. This notice is translated into the top eight languages spoken by credible fear port-of-entry claimants (currently, Amharic, Arabic, Chinese (Mandarin-simplified), Creole, French, Somali, Spanish, and Tigrinya). The DOJ Bureau of Justice Assistance also continues to offer aid to state and local governments in an effort to reduce sexual assault of incarcerated persons and to facilitate compliance with the forthcoming standards.
Thus, the Obama Administration seeks to build relationships between the federal government and tribal governments that rest on mutual respect and working together on a government-to-government basis within the U. For example, on November 5, 2009, President Obama reached out to American Indian and Alaska Native tribes by inviting representatives from the more than 560 federally recognized tribes in the United States to attend a White House Tribal Nations Conference. The decision represents an important and meaningful change in the U. position, and resulted from a comprehensive, interagency policy review, including extensive consultation with tribes. A third Tribal Nations Conference was hosted by President Obama in Washington on December 2, 2011. The 1934 Act extended the trust period indefinitely for allotted lands. Therefore the material in this section relates to both Articles 2 and 26, as well as general related information. The United States became a party to the International Convention on the Elimination of All Forms of Racial Discrimination on 20 November 1994, and the United States submitted its combined Initial, Second and Third Periodic Report to the United Nations Committee on the Elimination of Racial Discrimination (CERD Committee) in September 2000. The settlement agreement provides for 0 million in monetary relief; up to million in debt relief; payments of 25 % of awards to off-set any tax obligations; and wide-ranging programmatic relief, including a moratorium on accelerations, foreclosures, and offsets on accounts involving all Native American borrowers in the Farm Service Agency’s database; a customer’s guide on the Farm Loan Program (FLP); meetings with class counsel to discuss possible changes to the FLP; increased technical assistance in order more fully to utilize USDA programs, to be conducted in multiple locations throughout the country; and the creation of an Ombudsperson and a Council on Native American Farming and Ranching to address issues affecting Native American farmers and ranchers. In setting up the Council, President Obama stated that issues such as equal pay, family leave, and child care are not just women’s issues, but issues that affect entire communities, our economy and our future as a nation. In addition to setting up the Council, one of President Obama’s first actions was to sign the Lilly Ledbetter Fair Pay Act of 2009, which helps ensure that claims for pay discrimination will not be barred because claimants were not aware of the initial discriminatory pay-setting decision. 1681 (barring sex discrimination in federally funded education programs and activities), does not preclude constitutional equal protection claims for such discrimination, Fitzgerald v. These issues arose in the recent case of Wal-Mart v. The Court held that plaintiffs had not produced significant proof that Wal-Mart operated under a general policy of discrimination against women that was central to the claim of each female employee in the class, and thus did not satisfy the “commonality” requirement for a class action under Rule 23(a)(2) of the Federal Rules of Civil Procedure. Asylum offices disseminate the information notice, “How to Seek Release from Detention: Parole Eligibility and Process for Certain Asylum Applicants,” to arriving aliens found to have a credible fear. DOJ’s Bureau of Justice Statistics continues to conduct studies of the incidence of such sexual assaults in a variety of detention settings. An alien in removal proceedings retains the right to representation by qualified counsel at the alien’s choosing, at no expense to the government.
Secretary Salazar also pledged to seek to resolve the longstanding litigation concerning the management of Native American lands and assets, as well as the settlement of water rights claims. In addition, as noted above, Alaska Natives and their corporations have property rights in more than 44 million acres of land in Alaska. The American Indian Trust Fund Management Reform Act. These recommendations called for improved interagency coordination on wage discrimination enforcement efforts, increased outreach and education concerning wage discrimination, and evaluation of current data collection needs and capabilities. Men also may become victims of this form of sex discrimination if they are denied leave for caregiving purposes that is granted to female workers. That section, which includes a specialized Human Trafficking Prosecution Unit, has successfully prosecuted crimes in agricultural fields, sweatshops, suburban homes, brothels, escort services, bars, and strip clubs, in partnership with U. In fiscal years 2006 through 2010, DOJ/CRD and the U. Attorneys’ Offices prosecuted 198 trafficking cases involving 494 defendants. The cases have resulted in 382 convictions and guilty pleas during the 2006 through 2010 period. 199. According to the report, since 2006 when new laws changed misdemeanor sexual abuse crimes to felony crimes, the percentage of cases accepted for prosecution had increased from 37 percent to 49 percent – a 12 percent increase.
He reiterated President Obama’s pledge to empower American Indian and Alaska Native people in the development of the national agenda, and stated strong support for tribal self-governance. The trust had a term of 25 years, at which point a fee patent would issue to the individual Indian allottee. Since Congress amended the Indian Self-Determination Act in 1994, tribes have had the opportunity, subject to the approval of the Bureau of Indian Affairs (BIA) of the Department of the Interior (DOI), to manage their own trust accounts, including IIM accounts held for the benefit of individuals. As an example of increased outreach and education concerning wage discrimination, President Obama issued a proclamation to commemorate National Equal Pay Day, the day that the average wage of a woman since the prior year catches up to the amount earned by the average man in the prior year (for 2011 -- April 28), and relevant agencies conducted public forums and outreach events concerning sex-based pay discrimination. The statute required certain steps to be taken to document parenthood when the citizen parent was the father, but not when the citizen parent was the mother. Supreme Court affirmed by an equally divided court a Court of Appeals ruling that it is constitutional to impose a different physical presence requirement for unmarried U. citizen mothers and fathers with regard to the ability of their children born abroad to acquire U. citizenship, in view of the objective to reduce statelessness of children of unmarried U. In May 2007, EEOC issued “Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities” ( in which the EEOC explained that caregiver discrimination could violate Title VII of the Civil Rights Act. The following are a few examples illustrative of some of the types of cases brought by DOJ since 2005: 200. The United States has offered over 2,076 adult and children victims of trafficking health and welfare benefits, including assistance with food, housing, transportation, medical services, and social adjustment services; English language training; job counseling and placement; and legal services. If, after 180 days post-order detention, an alien’s removal is not significantly likely in the reasonably foreseeable future, the alien must be released, with certain limited exceptions. The percentage of convictions had also increased from 30 percent to 78 percent. The 2009 DOJ/OIG report made a number of recommendations.
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. The Civil Rights of Institutionalized Persons Act (CRIPA), 42 U. These inmates are, to the extent practicable, managed separately from convicted offenders.
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. 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.