A/HRC/16/11
safeguards. Recently, the United States Supreme Court has narrowed the class of
individuals that can be executed, the types of crimes subject to the penalty, and the manner
by which the punishment is administered so that it is not cruel and unusual. In response to
questions from Mexico and the United Kingdom about consular notification and foreign
nationals on death row, the United States noted its commitment, and pending federal
legislation, to comply with the Avena ICJ judgment.
56.
Turning to indigenous issues, the delegation noted the many challenges faced by
Native Americans – poverty, unemployment, health care gaps, violent crime, and
discrimination – and the laws and programmes it has in place to address these problems.
The United States stated its belief that tribes and their members will flourish if they are
empowered to deal with the challenges they face. This conclusion is reflected in law and
policy regarding tribal self-determination. President Obama hosted the White House Tribal
Nations Conference at which he directed all agencies to submit plans for and progress
reports on implementation of the Executive Order on Consultation and Coordination with
Indian Tribal Governments. As a result, the level of tribal consultations is now at an
historic high.
57.
In response to questions from Australia, Cyprus, Finland, and Norway, the
delegation noted the considerable attention that has been paid to the interagency
consultations with tribal leaders as a part of the United States review of its position on the
United Nations Declaration on the Rights of Indigenous Peoples. The decision to review its
position was made in response to calls from tribes and other indigenous groups and
individuals.
58.
The United States has also taken numerous steps to address particular challenges
faced by indigenous communities. These include health care reform, the settlement of
certain claims, and improvements in criminal justice issues.
59.
Denmark urged the Government to follow the recommendations of the international
community that it ensure that state and federal authorities applied a moratorium on
executions with a view to ultimately abolishing the death penalty nationwide. It would like
to see the United States join the vast majority of States that adhered to ICESCR, CEDAW,
CRC and OP-CAT.
60.
Finland, while welcoming the progress made by the United States in enhancing the
rights of indigenous peoples, including the ongoing review of its position on the United
Nations Declaration on the Rights of Indigenous Peoples, asked how the Government was
conducting the review and about the current situation with respect to the process. Finland
also asked about measures undertaken to combat discrimination against women.
61.
Ghana commended the United States for, inter alia, efforts that had transformed the
country into a multi-racial, multi-ethnic and multi-religious society. It noted with
appreciation that the Government continued to work to ensure that equal opportunity was
not only guaranteed in law, but experienced by all Americans. Ghana, however, referred to
the concerns expressed by several special procedures concerning ongoing structural
discriminations.
62.
Hungary recognized that the United States had a well-developed system of domestic
human rights laws. However, the United States had limited obligations under the
international human rights treaties. Hungary welcomed the change in the country’s attitude
towards ICC, and hoped for further steps to deepen relations with it.
63.
Slovakia stated that the United States had been one of the prominent global
defenders and promoters of human rights, dedicating significant resources to that
commitment.
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