This section contains materials about U.S. indigenous rights issues before the IACHR.

Inter-American Commission on Human Rights.   REPORT Nº 75/02 *
CASE 11.140   MARY AND CARRIE DANN  vs. UNITED STATES
Date: December 27, 2002
Organization: IACHR
Document Type:
Link: HTML

IACHR final report in Mary and Carrie Dann vs. United States. The Commission concludes that the U.S. is violating international human rights laws in the treatment of indigenous peoples within its borders. Among the violations, they failed to: 1) respect the Danns ’ right to property; 2) comply with international human rights norms; 3) fully and accurately inform the Indians about its processes; 4) allow the Indians to participate in the process as nations and individuals; 5) afford the Danns and other Western Shoshone equal treatment under the law; and 6) afford the Danns and other Western Shoshone due process.

Response of the Government of the United States to October 10, 2002 Report No. 53/02 Case No. 11.140 Mary and Carrie Dann
Date:
Organization:
Document Type:
Link: HTML

This report by the United States government responds to the IACHR ruling in Mary and Carrie Dann vs. United States. The U.S. “rejects the Commission’s findings in their entirety” for the following reasons: 1) the Danns’ contentions regarding alleged lack of due process in the Indian Claims Commission proceedings were fully and fairly litigated in United States Courts and should not be reconsidered here; 2) the Commission lacks jurisdiction to evaluate processes established under the 1946 Indian Claims Commission Act since the Act predates U.S. ratification of the OAS charter, and 3) the Commission erred in interpreting the principles of the American Declaration in light of Article XVIII of the OAS draft declaration on indigenous rights. Based on this reasoning, the U.S. declines to take any further actions to comply with the Commission’s recommendations.

“Mary and Carrie Dann v.United States at the Inter-American Commission on Human Rights: Victory for Indian Land Rights and the Environment” by Deborah Schaaf and Julie Fishel
Date: Winter 2002
Organization: Tulane Environmental Law Journal
Document Type: Essay
Link: Doc

This article authored by Deborah Schaaf and Julie Fishel, published at 16 Tul. Envtl. L.J. 175 (2002), reviews the precedent-setting decision by the Inter-American Commission on Human Rights that upholds ancestral indigenous land rights and calls into question the federal government’s practice of extinguishing land title without due process of law and without compensation.

“ American Indian Land Rights in the Inter-American System: Dann v. United States” by Inbal Sansani
Date: 2003
Organization: Human Rights Brief
Document Type:
Link: PDF

This brief by Inbal Sansani goes over the ruling and U.S. response to the Dann v. United States case before the Inter-American Commission on Human Rights.

“Using International Human Rights Mechanisms to Promote and Protect Rights of Indian Nations and Tribes in the United States: An Overview” by Robert T. Coulter
Date: 3/1/2002
Organization: Indian Law Resource Center
Document Type: Paper
Link: PDF

This paper by Robert T. Coulter gives an overview of the present day international mechanisms and activities that are the principal means for advocating Indian rights on behalf of nations and tribes in the United States at the international level. Coulter suggests that utilizing such mechanisms is an important legal strategy for U.S. Indian nations and tribes because of their seldom success in preserving rights in domestic courts.

“The Protection of Indigenous Peoples' Rights Over Lands and Natural Resources Under the Inter-American Human Rights System” by S. James Anaya and Robert A. Williams, Jr.
Date: Spring 2001
Organization: Harvard Human Rights Journal
Document Type: Article
Link: Doc

This article by S. James Anaya and Robert A. Williams, published at 15 Harv. Hum. Rts. J. 33 (2001), reviews emerging customary law that protects indigenous land rights in the Americas. He looks at four case studies under the Inter-American system including the U.S.-based Dann case.

“The Court of Last Resort: American Indians in the Inter-American Human Rights System: Why American Indians Should Utilize Supranational Courts” by Derek de Bakker
Date: Spring 2004
Organization: Cardozo Journal of International and Comparative Law
Document Type: Article
Link: Doc

This article by Derek de Bakker, published at 11 Cardozo J. Int’l & Comp. L. 932 (2004), argues that American Indians should utilize international courts to file complaints of human rights violations since the United States justice system has shown indifference to the plight of indigenous peoples. Bakker suggests starting with the inter-American human rights system which he argues can be an effective tool in ensuring the protection of human rights of American Indians. Among other cases, Bakker reviews the responsiveness of the inter-American human rights system to the Western Shoshone Dann case.

 

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