15 Sep Positive developments in the case of the San Fransisco Peaks, Arizona

There are some positive developments in the case of the San Fransisco Peaks, in Arizona, USA. Professor Anaya, a United Nations Special Rapporteur on the Rights of Indigenous Peoples, has filed a Special Rapporteur report regarding the San Francisco Peaks the Navajo Nation Human Rights Commission. His recommendations include the following important points:

26. On the basis of the foregoing, the Special Rapporteur respectfully recommends that the United States Government engage in a comprehensive review of its relevant policies and actions to ensure that they are in compliance with international standards in relation to the San Francisco Peaks and other Native American sacred sites, and that it take appropriate remedial action.

27. In this connection, the Government should reinitiate or continue consultations with the tribes whose religions practices are affected by the ski operations on the San Francisco Peaks and endeavor to reach agreement with them on the development of the ski area. The Government should give serious consideration to suspending the permit for the modifications of Snowbowl until such agreement can be achieved or until, in the absence of such an agreement, a written determination is made by a competent government authority that the final decision about the ski area modifications is in accordance with the United States’ international human rights obligations.

28. The Special Rapporteur wishes to stress the need to ensure that actions or decisions by Government agencies are in accordance with, not just domestic law, but also international standards that protect the right of Native American to practice and maintain their religious traditions. The Special Rapporteur is aware of existing government programs and policies to consult with indigenous peoples and take account their religious traditions in government decision-making with respect to sacred sites. The Special Rapporteur urges the Government to build on these programs and policies to conform to international standards and by doing so to establish a good practice and become a world leader that it can in protecting the rights of indigenous peoples.