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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. 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.

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.

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.

President Obama delivered opening and closing remarks and participated in interactive discussion with the leaders. On November 5, 2009, the President also signed a Memorandum directing every federal agency to develop plans to implement fully Executive Order 13175 on “Consultation and Coordination with Tribal Governments,” which mandates that all agencies have a process to ensure meaningful and timely input by tribal officials in the development of certain policies that have tribal implications. During 2010, the White House issued a progress report following up on the 2009 Conference. Tribal consultations are now at historic levels – marking a new era in the United States’ relationship with tribal governments. During the closing session, tribal leaders heard from Education Secretary Arne Duncan and President Obama delivered closing remarks. These lands form the basis for some of the Individual Indian Money (“IIM”) accounts, which are monitored by the Secretary of the Interior. In addition to the IIM accounts, the federal government also holds lands in trust for the tribes. The Committee’s Concluding Observations and Recommendations, issued on , can be found at CERD/C/USA/CO/6. Many of the components of programmatic relief are already underway and the Obama administration has worked diligently to ensure that notice of the opening of the claims process has been augmented through the multiple field offices of USDA located throughout the country. The Obama Administration is also establishing a voluntary claims process to make available

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. 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. 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. 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. President Obama delivered opening and closing remarks and participated in interactive discussion with the leaders. On November 5, 2009, the President also signed a Memorandum directing every federal agency to develop plans to implement fully Executive Order 13175 on “Consultation and Coordination with Tribal Governments,” which mandates that all agencies have a process to ensure meaningful and timely input by tribal officials in the development of certain policies that have tribal implications. During 2010, the White House issued a progress report following up on the 2009 Conference. Tribal consultations are now at historic levels – marking a new era in the United States’ relationship with tribal governments. During the closing session, tribal leaders heard from Education Secretary Arne Duncan and President Obama delivered closing remarks. These lands form the basis for some of the Individual Indian Money (“IIM”) accounts, which are monitored by the Secretary of the Interior. In addition to the IIM accounts, the federal government also holds lands in trust for the tribes. The Committee’s Concluding Observations and Recommendations, issued on , can be found at CERD/C/USA/CO/6. Many of the components of programmatic relief are already underway and the Obama administration has worked diligently to ensure that notice of the opening of the claims process has been augmented through the multiple field offices of USDA located throughout the country. The Obama Administration is also establishing a voluntary claims process to make available $1.33 billion or more to Hispanic farmers and female farmers who alleged discrimination by USDA in the making or servicing of farm loans during certain periods between 19. He said, “As a Nation, we must recommit to the enduring vision of the Women’s Bureau and work to support all wage-earning women.” The Women’s Bureau’s vision is to empower all working women to achieve economic security. In 2009, the Supreme Court reaffirmed the viability of constitutionally-based claims of sex discrimination, holding that the existence of the specific statutory remedy in Title IX of the Education Amendments of 1972, 20 U. The Court ruled that plaintiffs’ evidence of subjective decisionmaking was insufficient to meet their burden of demonstrating a common question of law or fact under Rule 23(a)(2). The procedures also mandate that all arriving aliens found to have a credible fear should be automatically considered for parole without having to make individual written requests for parole, and they add heightened quality assurance safeguards, including monthly reporting by ICE field offices and headquarters analysis of parole rates and decision-making. As noted in the Second and Third Periodic Report, and as discussed further under Article 14 in this report, under federal and state law the writ of habeas corpus can be used to collaterally review a final conviction (in addition to the statutory right to appeal one’s conviction) as well as to challenge execution of a sentence or to challenge as unlawful confinement that does not result from a criminal conviction, such as the commitment into custody for mental incompetence or detention for immigration reasons. Among other activities, the Bureau of Justice Assistance has entered into a three-year cooperative agreement for the development and operation of a Resource Center for the Elimination of Prison Rape. The United States Government has also reached out to state, local, tribal, and territorial governments to seek information from their human rights entities on their programs and activities, which play an important part in implementing the Covenant and other human rights treaties. The United States has recognized as sovereign, self-governing nations three other areas that were formerly districts of the Trust Territory of the Pacific Islands: the Marshall Islands (1986), the Federated States of Micronesia (1986) and Palau (1994). As reported in paragraph 8 of the combined Second and Third Periodic Report, the people of Puerto Rico have expressed their views on their relationship with the United States in a number of public referenda, most recently in December 1998. The United States holds 56 million surface acres and 57 million acres of subsurface mineral estates in trust for American Indians in the contiguous 48 United States, while Alaska Natives and their corporations have property rights in more than 44 million acres of land in Alaska. It has enabled tribal governments to establish, develop and enhance tribal institutions and infrastructure ranging from those addressing the health, education and welfare of their communities to those such as tribal courts, fire protection and law enforcement, which have allowed tribes to better protect their communities. Combating crimes involving violence against women and children on Native lands is a particularly high priority for the U. The Task Force was created to facilitate dialogue and coordinate efforts between the Department and tribal governments regarding the prosecution of violent crimes against women in Indian country, and to develop best-practices recommendations for both federal and tribal prosecutors. DOJ and CRD in particular have also engaged in extensive outreach efforts to these communities to educate people about their rights and available government services. Officials in New Haven, Connecticut, had discarded the results of a test designed to identify promotion candidates in the Fire Department out of concern that minority applicants would file lawsuits alleging that the test had an unjustified race-based disparate impact in violation of Title VII of the Civil Rights Act. Anti-discrimination laws in the United States generally protect those who file a claim or assist in the claims of others against retaliation or reprisal. As a result of HHS/OCR’s efforts, many individuals have been able to move from an institution to the community, and many individuals have avoided unnecessary institutionalization. For that reason, the Farm Bill of 2008, Public Law 110-246, sec. A number of federal statutes, some of which are discussed above, prohibit discrimination on account of alienage and national origin. The Immigration and Nationality Act distinguishes between lawful permanent residents (LPRs) and non-LPRs. Further, DHS participates in numerous annual conferences and conventions sponsored by community-based organizations. This includes the processing and resolving of complaints of unlawful discrimination and sexual harassment, and for ensuring that human relations and EO matters are taken seriously and acted upon as necessary.” 110. military prohibits discrimination within its ranks, and it proactively combats such actions in its conduct with the outside world. DOJ receives complaints alleging discrimination from prisoners, which are processed either by DOJ’s Office of Justice Programs or the Civil Rights Division (DOJ/CRD). Since October, 2005, DOJ has filed charges in 255 cases of official misconduct against more than 411 law enforcement officers. 242 are provided in the discussion under Article 6 above. DOJ/CRD investigates conditions in state prisons and local jail facilities pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), and investigates conditions in state and local juvenile detention facilities pursuant to either CRIPA or the prohibition on law enforcement agencies engaging in a pattern or practice of violating peoples’ civil rights (42 U. Since October 2005, pursuant to CRIPA, DOJ/CRD has authorized 24 investigations concerning 28 adult correctional facilities and 8 investigations of 29 juvenile detention facilities. The Department of Homeland Security Office for Civil Rights and Civil Liberties (DHS/CRCL) investigates allegations of inadequate conditions of detention for ICE detainees. In April 2005, the Department of Justice Office of Inspector General (DOJ/OIG) issued a report concluding that penalties under federal law for staff sexual abuse of federal prisoners with the use of threat or force were too lenient and resulted in U. The OIG recommended that DOJ seek legislation to address those issues and to make sexual abuse statutes applicable to personnel in privately-managed contract prisons as well as those working in BOP-managed prisons. The first, the Violence against Women and DOJ Reauthorization Act of 2005, increased the maximum criminal penalty for certain sexual abuse crimes, made those crimes felonies instead of misdemeanors, and extended federal criminal jurisdiction to all personnel working in private prisons under contract to the federal government. Supreme Court held in March 2010 that an alien’s Sixth Amendment right to effective assistance of counsel in criminal proceedings is violated when the alien’s criminal defense attorney fails to advise the alien of the immigration consequences of a guilty plea, provided the removal consequence is “truly clear” and the alien demonstrates that he or she suffered prejudice as a result of the deficient assistance of counsel. Information received from this outreach is referenced in some portions of the report and described in greater detail in Annex A to the Common Core Document. IMPLEMENTATION OF SPECIFIC PROVISIONS OF THE COVENANT Article 1 – Self determination 5. Compacts of Free Association are currently in force between the United States and these three nations. The lesson is that empowering tribes to deal with the challenges they face and taking advantage of the available opportunities will result in tribal communities that thrive. In September 2003, the district court entered an injunction setting forth detailed requirements for both trust administration and accounting, see Cobell v. In July 2011, the Department proposed legislation that would significantly improve the safety of Native women and allow federal and tribal law enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes. Both state and federal governments are able to apply different rules to different types of economic activities, and the courts will review such regulation under this standard. CRD is suing the New York Metropolitan Transit Authority under Title VII alleging discrimination against Muslim and Sikh employees for refusing to permit them to wear headscarves and turbans while working as bus and subway operators and other public-contact positions. White firefighters and two Hispanic firefighters who had scored well on the test sued, alleging that the City’s decision not to use the test amounted to discrimination based on race. The federal government understands that without robust prohibitions against retaliation, the underlying “enforcement scheme[s] would unravel.” Jackson v. 14012, provided relief to claimants who failed to have their petitions considered on the merits. The federal courts have held that Congress may draw such distinctions consistently with the Equal Protection Clause of the Fifth Amendment so long as there is a facially legitimate and bona fide reason for treating the two classes disparately. Do D Directive 1350.2 directs that the Secretaries of the Military Departments (Army, Navy and Air Force) are responsible for ensuring these policies “are understood and executed at all levels of military command.” Commanders are required to assess their organizational Equal Opportunity (EO) climate, and are “held accountable for the EO climates in their commands.” They are charged with identifying and eliminating any “practices that unlawfully discriminate against military personnel based on race, religion, color, sex, or national origin.” 111. Do D Directive 5410.18 prohibits Do D from providing community relations support to “events sponsored by organizations restricting membership by race, creed, color, national origin, or gender…. Examples of specific criminal prosecutions under 18 U. CRCL conducts such investigations and evaluates its findings with appropriate assistance, including from U. Immigration and Customs Enforcement (ICE) Health Services Corps (IHSC) and independent subject-matter experts. The second, the Adam Walsh Child Protection and Safety Act of 2006, further increased the maximum penalties for certain sexual abuse crimes and also required federal employees who are found guilty of any criminal sexual abuse offense involving a federal prisoner to register as sex offenders. The Prison Rape Elimination Act of 2003 (PREA) continues to be actively implemented to deal with the problem of rape in public and private institutions that house adult or juvenile offenders. The rule of law and equal administration of justice has busted monopolies, shut down political machines that were corrupt, ended abuses of power. Both the plaintiffs and the federal government appealed these rulings. For example, in 20, such opportunities included a partnership with Argonne National Laboratory to mentor American Indian and Alaska Native interns in management of tribal energy and natural resources, and the creation of the Tribal Energy and Environmental Information Clearinghouse (TEEIC) – a knowledge base to help tribes and tribal organizations develop environmental analysis and evaluation programs and processes that further their energy and economic goals (see a partnership with the Colorado School of Mines to assist tribal colleges in developing energy engineering courses; and an annual Indian Education Renewable Energy Challenge for tribal college and Bureau of Indian Affairs high school students, sponsored by the Department of the Interior in partnership with Argonne National Laboratory. These compliance reviews and directed activities address a range of civil rights issues, such as sexual harassment and sexual violence, racial harassment, sex discrimination in athletics, accessibility of facilities for persons with disabilities, access to Advance Placement and similar courses for students with disabilities as well as minority students, discriminatory discipline of students with disabilities and minority students, minority and English learner (EL) students inappropriately included in or excluded from special education services, meaningful access to districts’ educational programs for EL students and their parents, and other issues. ED/OCR also provides technical assistance and offers policy guidance on how to prevent and address discrimination on the basis of race, color, national origin, sex, disability, or age to the thousands of educational institutions and millions of students and parents who fall under its jurisdiction. 1681, which prohibits sex-based discrimination in federally-assisted educational programs. The Individuals with Disabilities Education Act (IDEA), 20 U. The IDEA requires school systems to develop an appropriate individualized education program for each child with a disability designed to meet the child’s specific educational needs. The Office of Special Education and Rehabilitative Services (OSERS) in ED administers the IDEA. Section 504 of the Rehabilitation Act of 1973, 29 U. Under these regulations, “[a] recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.” See 34 C. Recent accomplishments have included the filing of a consent decree requiring payment of a minimum of $6.1 million in United States v. Additional information on cases can be found at and in U. reports filed with the Committee on Elimination of Racial Discrimination, available at DOJ has also brought numerous cases alleging sexual harassment in housing. In fiscal year 2010, 4,100 covered entities took corrective actions as a result of HHS OCR intervention. As some members of civil society have noted, concerns have been raised about the treatment of persons in prisons and mental health facilities.

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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. 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.

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.

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.

President Obama delivered opening and closing remarks and participated in interactive discussion with the leaders. On November 5, 2009, the President also signed a Memorandum directing every federal agency to develop plans to implement fully Executive Order 13175 on “Consultation and Coordination with Tribal Governments,” which mandates that all agencies have a process to ensure meaningful and timely input by tribal officials in the development of certain policies that have tribal implications. During 2010, the White House issued a progress report following up on the 2009 Conference. Tribal consultations are now at historic levels – marking a new era in the United States’ relationship with tribal governments. During the closing session, tribal leaders heard from Education Secretary Arne Duncan and President Obama delivered closing remarks. These lands form the basis for some of the Individual Indian Money (“IIM”) accounts, which are monitored by the Secretary of the Interior. In addition to the IIM accounts, the federal government also holds lands in trust for the tribes. The Committee’s Concluding Observations and Recommendations, issued on , can be found at CERD/C/USA/CO/6. Many of the components of programmatic relief are already underway and the Obama administration has worked diligently to ensure that notice of the opening of the claims process has been augmented through the multiple field offices of USDA located throughout the country. The Obama Administration is also establishing a voluntary claims process to make available $1.33 billion or more to Hispanic farmers and female farmers who alleged discrimination by USDA in the making or servicing of farm loans during certain periods between 19. He said, “As a Nation, we must recommit to the enduring vision of the Women’s Bureau and work to support all wage-earning women.” The Women’s Bureau’s vision is to empower all working women to achieve economic security. In 2009, the Supreme Court reaffirmed the viability of constitutionally-based claims of sex discrimination, holding that the existence of the specific statutory remedy in Title IX of the Education Amendments of 1972, 20 U. The Court ruled that plaintiffs’ evidence of subjective decisionmaking was insufficient to meet their burden of demonstrating a common question of law or fact under Rule 23(a)(2). The procedures also mandate that all arriving aliens found to have a credible fear should be automatically considered for parole without having to make individual written requests for parole, and they add heightened quality assurance safeguards, including monthly reporting by ICE field offices and headquarters analysis of parole rates and decision-making. As noted in the Second and Third Periodic Report, and as discussed further under Article 14 in this report, under federal and state law the writ of habeas corpus can be used to collaterally review a final conviction (in addition to the statutory right to appeal one’s conviction) as well as to challenge execution of a sentence or to challenge as unlawful confinement that does not result from a criminal conviction, such as the commitment into custody for mental incompetence or detention for immigration reasons. Among other activities, the Bureau of Justice Assistance has entered into a three-year cooperative agreement for the development and operation of a Resource Center for the Elimination of Prison Rape.

.33 billion or more to Hispanic farmers and female farmers who alleged discrimination by USDA in the making or servicing of farm loans during certain periods between 19. He said, “As a Nation, we must recommit to the enduring vision of the Women’s Bureau and work to support all wage-earning women.” The Women’s Bureau’s vision is to empower all working women to achieve economic security. In 2009, the Supreme Court reaffirmed the viability of constitutionally-based claims of sex discrimination, holding that the existence of the specific statutory remedy in Title IX of the Education Amendments of 1972, 20 U. The Court ruled that plaintiffs’ evidence of subjective decisionmaking was insufficient to meet their burden of demonstrating a common question of law or fact under Rule 23(a)(2). The procedures also mandate that all arriving aliens found to have a credible fear should be automatically considered for parole without having to make individual written requests for parole, and they add heightened quality assurance safeguards, including monthly reporting by ICE field offices and headquarters analysis of parole rates and decision-making. As noted in the Second and Third Periodic Report, and as discussed further under Article 14 in this report, under federal and state law the writ of habeas corpus can be used to collaterally review a final conviction (in addition to the statutory right to appeal one’s conviction) as well as to challenge execution of a sentence or to challenge as unlawful confinement that does not result from a criminal conviction, such as the commitment into custody for mental incompetence or detention for immigration reasons. Among other activities, the Bureau of Justice Assistance has entered into a three-year cooperative agreement for the development and operation of a Resource Center for the Elimination of Prison Rape.

The office is charged with directing and implementing energy planning and programs that assist tribes with energy development and electrification of Native American lands and homes. Government is also working with tribal leaders to bring high speed internet access to their communities. (as amended), which provided that beneficial title to allotted lands would vest in the United States as trustee for individual Indians. DOJ/CRD continues its efforts to aggressively enforce civil rights laws to give meaning to the promise of equal opportunity. The alleged discrimination often involves pregnant women, women who have recently given birth and who are on maternity leave, as well as men who are on paternity leave due to the birth or adoption of a child. Prohibition of discrimination in education on the basis of pregnancy. 106.40 (a) and (b), specifically prohibit educational institutions that are recipients of federal financial assistance from applying any rule concerning a student’s actual or potential parental, family, or marital status that treats students differently on the basis of sex and from discriminating against any student on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the recipient’s education program or activity. (employment) The law described in paragraphs 75 and 76 of the Second and Third Periodic Report concerning the protections offered by these statutes has not changed. The Court also relied on the lack of Congressional intent to apply the PDA retroactively to pregnancy-based distinctions. In recognition of the severity of the crimes associated with domestic violence, sexual assault, and stalking, Congress passed the Violence Against Women Act of 1994 (VAWA 1994) as part of the Violent Crime Control and Law Enforcement Act of 1994. ** Some applicants have been denied twice (i.e., filed once, denied, and then filed again). A number of institutional structures exist to combat trafficking in persons, including forced labor. DOJ has made significant progress in implementing the recommendations listed in this paragraph and expects to be able to implement all of them. Shackling of pregnant female prisoners during transportation, labor, and delivery. Proceedings may also be closed to the public upon a showing by DHS that information to be disclosed in court may harm the national security or law enforcement interests of the United States, 8 C. They are also faced with low rates of school matriculation and completion, and disproportionate health disparities. In the face of these challenges, President Obama believes that tribal leaders must be part of the solution. To address the myriad challenges noted above, the Administration has taken a number of steps to strengthen the government-to-government relationships between the United States and federally recognized tribes. While Articles 2 and 26 are not identical, there is overlap in their coverage. The general rule is that legislative classifications are presumed valid if they bear some rational relation to a legitimate governmental purpose. The court approved a settlement of that lawsuit, Keepseagle v. The settlement establishes an administrative claims process for Native American farmers alleging discrimination against USDA. law, aliens within the territory of the United States, regardless of their immigration status, enjoy robust protections under the U. In particular, the Supreme Court has held that the equal protection and due process protections of the Fourteenth Amendment “are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality.” Yick Wo v. The mission of this Council is to establish a coordinated federal response to issues that affect the lives of American women and girls and to ensure that federal programs and policies address and take into account the distinctive concerns of women and girls, including women of color and those with disabilities. Overturning lower court decisions that had limited the parents to proceeding under Title IX, the Supreme Court held that Title IX supplemented rather than replaced the claim for unconstitutional sex discrimination in schools. One emerging area of employment discrimination enforcement involves allegations that implicit bias or a general policy of discrimination infected otherwise subjective employment decisions. 2541 (2011), in which a class of over 1 million female Wal-Mart employees in stores around the United States alleged that Wal-Mart discriminated against them on the basis of sex in determining pay and making promotions, in violation of Title VII of the Civil Rights Act of 1964. These revised guidelines state that ICE officers should “parole” arriving aliens found to have a credible fear who establish their identities, pose neither a flight risk nor a danger to the community, and have no additional factors that weigh against their release. DOJ’s Office for Victims of Crime intends to propose regulations to allow Victims of Crime Act funding to be used for treatment and rehabilitation services for incarcerated victims of sexual abuse. 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. Some reservations face unemployment rates of up to 80 percent. These include access to sacred sites, religious freedom for prisoners at the federal and state levels, and violence against women and children in tribal communities. In claims against the state or local governments themselves under Title VII, EEOC forwards completed investigations to DOJ/CRD for potential litigation. Finding that New Haven’s race-based rejection of the test results did not satisfy the strong-basis-in evidence standard, the Court struck down the action. Additionally, the agreement requires the city to provide back pay to a class of approximately 6,000 Black/African American firefighters who were affected by the test but not hired under the order. Funds were appropriated in December 2010, and the settlement received final approval from the federal district court. USDA has voluntarily taken a number of measures to benefit Consent Decree claimants beyond those required by the Consent Decree and subsequent court orders. Many of these statutes were enacted because of the recognition that aliens may be especially vulnerable and may require additional protections against discrimination, particularly in the employment arena. In July 2011, the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff made the certification and delivered it to Congress. Specific remedies were described in paragraph 98 of the Initial U. Report and paragraph 59 of the Second and Third Periodic Report. 723 (2008), the Supreme Court held that constitutional habeas corpus review was available to those detained by the Department of Defense at Guantanamo Bay. It also includes specific recommendations for action by the Attorney General and DOJ, as well as for action by Congress to facilitate reporting of and improve enforcement against sexual abuse in confinement. After the Commission issued its final report, DOJ reviewed and revised the recommended standards and issued a Proposed Rule, consisting of DOJ’s proposed regulations, upon which DOJ sought public comment.

Nearly a quarter of all Native Americans live in poverty. The district court found for the plaintiffs in the initial phase of the case, and the U. Court of Appeals for the District of Columbia Circuit affirmed and remanded for further proceedings, see Cobell v. The Administration is aware of these concerns and is working to address them through the initiatives referenced above and others noted later in this report. After the Supreme Court’s ruling, minority firefighters filed two lawsuits against New Haven alleging that use of the test results to make promotions resulted in a disparate impact violation of Title VII. See Joint Motion for Entry of an Injunctive Order of Relief, Lewis v. These include refunds to prevailing claimants of administrative offsets on discharged debts; extension of the time for prevailing claimants to take advantage of injunctive relief; and provision of additional loan servicing rights, affording some claimants an opportunity to restructure their remaining debt. These federal civil rights laws prohibit discrimination on the basis of race, color, and national origin, and apply to both citizens and aliens. Distinctions between lawful permanent resident aliens and citizens require justification, but not the level of “compelling” state interest required for distinctions based on race. Developments in legal remedies since the submission of the Second and Third Periodic Report are addressed throughout this report under appropriate subject headings, for example reference to the Lilly Ledbetter Fair Pay Restoration Act under Article 2, above. The rights enumerated in the Covenant and provided by U. law are guaranteed equally to men and women in the United States through the Equal Protection and Due Process Clauses of the Fourteenth and Fifth Amendments to the United States Constitution. This decision and the resulting habeas proceedings are discussed further in Part III, Committee Concluding Observations. DOJ is now reviewing the comments and making revisions as warranted for the publication of the Final Rule, which will include the final regulations. Approximately 14 percent of homes on reservations do not have electricity; and 9 percent do not have access to a safe water supply. Article 2 – Equal protection of rights in the Covenant General Equal Protection 32. Both lawsuits are currently pending in the court system. In addition, in a different case involving a test for firefighters administered by the city of Chicago, the Supreme Court held that a plaintiff who does not file a timely charge challenging the initial adoption of a practice may nonetheless assert a timely disparate impact claim challenging the employer’s later application of that practice (i.e., through continued reliance on the test results), as long as the plaintiff alleges each of the elements of a disparate impact claim with respect to the later application. In addition, USDA has developed several other initiatives to assist minority and socially disadvantaged farmers, including an Office of Advocacy and Outreach, a Minority Farm Register to assist in outreach, and new guidelines for improving minority participation in county committee elections. Similarly, the Court has held that aliens are “person[s]” within the meaning of the due process protections of the Fifth Amendment. These provisions prohibit both the federal government and the states from discriminating on the basis of sex. Habeas corpus relief has been held to be available to those detained outside the United States in some situations. DOJ is also acting on the NPREC’s other recommendations. An alien must also be afforded a competent, impartial interpreter if the alien is not able to communicate effectively in English.

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