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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 .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. Independent media have exposed corruption at all levels of business and government. Internship and energy challenge opportunities are being planned for 2012. Although tribal lands often have oil, gas, coal, or uranium resources, and tremendous renewable energy resources, tribal communities face immense energy challenges. In fiscal years 20, OCR has delivered over 750 technical assistance presentations, , both to help educational institutions comply with federal civil rights requirements, and to inform parents, students and others of their rights under the law. Examples of recent resolutions of ED/OCR and DOJ/CRD complaints and compliance reviews include: 66. Government’s enforcement of Title IX of the Education Amendments of 1972, 20 U. It developed the Title IX common rule, published on August 30, 2000, by 21 agencies (including DOJ) that, until that time, did not have Title IX regulations, to ensure consistent application of the prohibition against sex discrimination. In 2009, the Supreme Court held that the IDEA authorizes reimbursement for private special education services when a public school district fails to provide a “free appropriate public education” as required by the Act, and where private school placement is appropriate, regardless of whether the child had previously received special educational services through the public school district. AIG Federal Savings Bank and Wilmington Finance (2010), which involved racial discrimination against Black/African American borrowers in fees charged on wholesale mortgage loans; and resolution of U. These cases have resulted in the payment of millions of dollars in damages to female tenants, as well as orders permanently barring sexual harassers from managing rental properties. HHS/OCR also provided training and technical assistance to more than 55,975 individuals. As discussed below, particular concerns include prison rape and sexual harassment of women, shackling of pregnant female prisoners, and treatment of mentally ill persons in mental health facilities. As described in greater detail in paragraph 176 of the Second and Third Periodic Reports, individuals convicted of federal crimes in the United States are sentenced by courts to the custody of the U. Attorney General, who oversees the Federal Bureau of Prisons (BOP). Because at the time of our founding, I had no rights -- people who looked like me. In that context, there is a significant need as well as opportunity for fostering the development of future American Indian and Alaska Native leaders with the scientific and technological skill required to assist tribal communities in managing their lands and developing their energy resources. With the goal of expanding such testing to include discrimination based on sexual orientation and gender identity, HUD held consultations with residents in five cities to offer ideas on how to test for such additional bases of discrimination. The EEOC enforces Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Titles I and V of the Americans with Disabilities Act of 1990 (as amended), Sections 501 and 505 of the Rehabilitation Act of 1973, and Title II of the Genetic Information Nondiscrimination Act of 2008. 271 (2009) (Title VII anti-retaliation protection extends beyond protection for filing a charge of discrimination and includes those who participate in internal investigations regarding workplace discrimination); Gomez-Perez v. During fiscal year 2010, HHS/OCR completed 1,859 new Medicare application reviews. Despite the legal protections in force and the work to ensure equal access to health care, some civil society representatives have raised concerns regarding racial and ethnic disparities in access to health services, including reproductive health services for women, and in some health indices in the population. DOJ has been actively pursuing enforcement actions in a variety of states to require community placements for persons with disabilities. The Department of Housing and Urban Development (HUD) has embarked on a post-Olmstead initiative, using existing enforcement tools under Section 504, the Fair Housing Act, and title II of the ADA. In addition, other federal government departments also have active outreach programs to immigrant communities. The BOP places inmates in facilities commensurate with their security and program needs through a system of classification that allows the use of professional judgment within specific guidelines. But it is because of that process that I can now stand before you as President of the United States. To help develop these future energy leaders, the Department of Energy contributes to the education of American Indian and Alaska Native youth through two initiatives: Tribal Energy Program’s internship program with Sandia National Laboratory, and a new pilot project called the American Indian Research and Education Initiative (AIREI). Those consultations have informed a Housing Discrimination Study into the area of LGBT discrimination. The EEOC accepts charges of employment discrimination and investigates, attempts to resolve, and in some instances litigates these charges. These issues are discussed in more detail in the U. reports to the Committee on the Elimination of Racial Discrimination, available at Specifically HUD has: HUD also uses its enforcement authority to promote and protect the rights of persons with disabilities to equal access to housing with reasonable accommodations. In addition, on July 30, 2009, the United States signed the United Nations Convention on the Rights of Persons with Disabilities. DOJ/CRD works closely with immigrant communities to address civil rights concerns, such as racial profiling by law enforcement and discrimination in the areas of housing, employment and education, and prosecute racially- or ethnically-motivated hate crimes against immigrants. When the actual practice of detention in the United States does not meet constitutional standards, individuals are held accountable. 1997(a), authorizes the Attorney General of the United States to sue for equitable relief when there is reasonable cause to believe that a state or locality is subjecting institutionalized persons to conditions that deprive them of their rights under the Constitution or federal laws. Persons being detained prior to trial or while waiting for immigration hearings are normally sent to special detention facilities or housing units within correctional institutions. Decisions of immigration judges in removal cases may be appealed to the Board of Immigration Appeals within 30 days of the judge’s decision. 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.[1] 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.

Tribal communities still suffer among the most challenging socioeconomic conditions. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. Indigenous representatives and some representatives of civil society have raised a number of particular concerns. At the state and local level, discrimination in employment may be addressed by state and local human rights/civil rights entities separately or in partnership with EEOC (see Common Core Document Annex A). The Supreme Court recently examined the interplay of disparate treatment (intentional discrimination) and disparate impact (policies or practices that have a discriminatory effect, regardless of intention) under Title VII in employment testing. Under this standard, before an employer can reject the results of an employment test for the asserted purpose of avoiding or remedying an unintentional disparate impact under Title VII, the employer must have a strong basis in evidence to believe that it will be subject to disparate impact liability if it makes employment decisions based on the test. Based on this ruling, some of the plaintiffs were allowed to proceed with their claims of disparate impact race discrimination as a result of the firefighter test, and obtained relief from an injunctive order that requires the city to hire 111 Blacks/African Americans as firefighters, to provide them retroactive seniority credits, and to fund their pensions so as to account for the benefits that would have accrued had they been hired after taking the test. More recently, the federal government entered a settlement for

Tribal communities still suffer among the most challenging socioeconomic conditions. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. Indigenous representatives and some representatives of civil society have raised a number of particular concerns. At the state and local level, discrimination in employment may be addressed by state and local human rights/civil rights entities separately or in partnership with EEOC (see Common Core Document Annex A). The Supreme Court recently examined the interplay of disparate treatment (intentional discrimination) and disparate impact (policies or practices that have a discriminatory effect, regardless of intention) under Title VII in employment testing. Under this standard, before an employer can reject the results of an employment test for the asserted purpose of avoiding or remedying an unintentional disparate impact under Title VII, the employer must have a strong basis in evidence to believe that it will be subject to disparate impact liability if it makes employment decisions based on the test. Based on this ruling, some of the plaintiffs were allowed to proceed with their claims of disparate impact race discrimination as a result of the firefighter test, and obtained relief from an injunctive order that requires the city to hire 111 Blacks/African Americans as firefighters, to provide them retroactive seniority credits, and to fund their pensions so as to account for the benefits that would have accrued had they been hired after taking the test. More recently, the federal government entered a settlement for $1.25 billion with a class of individuals who brought claims under Section 14012, contingent on the necessary appropriations by Congress. Among other protections afforded to aliens within the United States, aliens, like citizens, are entitled to the constitutional guarantee against cruel and unusual punishment and slavery and involuntary servitude. In addition to the constitutional protections afforded to aliens, many federal statutes provide aliens with further protections against discrimination. On December 18, 2010, Congress passed a law to repeal 10 U. Under the Repeal Act, the repeal took effect 60 days following delivery to Congress of a certification by the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff stating that the statutory conditions for repeal had been met, including that implementation of repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces”. United States law provides a variety of avenues for seeking compensation and redress for alleged discrimination and denial of constitutional and related statutory rights. The NPREC’s report, which was issued in June 2009, inter alia, sets forth a specific set of recommended Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails, including Supplemental Standards for Facilities with Immigration Detainees. DOJ is actively working to address the NPREC’s recommendations.

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 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.

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Tribal communities still suffer among the most challenging socioeconomic conditions. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. Indigenous representatives and some representatives of civil society have raised a number of particular concerns. At the state and local level, discrimination in employment may be addressed by state and local human rights/civil rights entities separately or in partnership with EEOC (see Common Core Document Annex A). The Supreme Court recently examined the interplay of disparate treatment (intentional discrimination) and disparate impact (policies or practices that have a discriminatory effect, regardless of intention) under Title VII in employment testing. Under this standard, before an employer can reject the results of an employment test for the asserted purpose of avoiding or remedying an unintentional disparate impact under Title VII, the employer must have a strong basis in evidence to believe that it will be subject to disparate impact liability if it makes employment decisions based on the test. Based on this ruling, some of the plaintiffs were allowed to proceed with their claims of disparate impact race discrimination as a result of the firefighter test, and obtained relief from an injunctive order that requires the city to hire 111 Blacks/African Americans as firefighters, to provide them retroactive seniority credits, and to fund their pensions so as to account for the benefits that would have accrued had they been hired after taking the test. More recently, the federal government entered a settlement for $1.25 billion with a class of individuals who brought claims under Section 14012, contingent on the necessary appropriations by Congress. Among other protections afforded to aliens within the United States, aliens, like citizens, are entitled to the constitutional guarantee against cruel and unusual punishment and slavery and involuntary servitude. In addition to the constitutional protections afforded to aliens, many federal statutes provide aliens with further protections against discrimination. On December 18, 2010, Congress passed a law to repeal 10 U. Under the Repeal Act, the repeal took effect 60 days following delivery to Congress of a certification by the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff stating that the statutory conditions for repeal had been met, including that implementation of repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces”. United States law provides a variety of avenues for seeking compensation and redress for alleged discrimination and denial of constitutional and related statutory rights. The NPREC’s report, which was issued in June 2009, inter alia, sets forth a specific set of recommended Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails, including Supplemental Standards for Facilities with Immigration Detainees. DOJ is actively working to address the NPREC’s recommendations. 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 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.

.25 billion with a class of individuals who brought claims under Section 14012, contingent on the necessary appropriations by Congress. Among other protections afforded to aliens within the United States, aliens, like citizens, are entitled to the constitutional guarantee against cruel and unusual punishment and slavery and involuntary servitude. In addition to the constitutional protections afforded to aliens, many federal statutes provide aliens with further protections against discrimination. On December 18, 2010, Congress passed a law to repeal 10 U. Under the Repeal Act, the repeal took effect 60 days following delivery to Congress of a certification by the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff stating that the statutory conditions for repeal had been met, including that implementation of repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces”. United States law provides a variety of avenues for seeking compensation and redress for alleged discrimination and denial of constitutional and related statutory rights. The NPREC’s report, which was issued in June 2009, inter alia, sets forth a specific set of recommended Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails, including Supplemental Standards for Facilities with Immigration Detainees. DOJ is actively working to address the NPREC’s recommendations.

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

Tribal communities still suffer among the most challenging socioeconomic conditions. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. Indigenous representatives and some representatives of civil society have raised a number of particular concerns. At the state and local level, discrimination in employment may be addressed by state and local human rights/civil rights entities separately or in partnership with EEOC (see Common Core Document Annex A). The Supreme Court recently examined the interplay of disparate treatment (intentional discrimination) and disparate impact (policies or practices that have a discriminatory effect, regardless of intention) under Title VII in employment testing. Under this standard, before an employer can reject the results of an employment test for the asserted purpose of avoiding or remedying an unintentional disparate impact under Title VII, the employer must have a strong basis in evidence to believe that it will be subject to disparate impact liability if it makes employment decisions based on the test. Based on this ruling, some of the plaintiffs were allowed to proceed with their claims of disparate impact race discrimination as a result of the firefighter test, and obtained relief from an injunctive order that requires the city to hire 111 Blacks/African Americans as firefighters, to provide them retroactive seniority credits, and to fund their pensions so as to account for the benefits that would have accrued had they been hired after taking the test. More recently, the federal government entered a settlement for $1.25 billion with a class of individuals who brought claims under Section 14012, contingent on the necessary appropriations by Congress. Among other protections afforded to aliens within the United States, aliens, like citizens, are entitled to the constitutional guarantee against cruel and unusual punishment and slavery and involuntary servitude. In addition to the constitutional protections afforded to aliens, many federal statutes provide aliens with further protections against discrimination. On December 18, 2010, Congress passed a law to repeal 10 U. Under the Repeal Act, the repeal took effect 60 days following delivery to Congress of a certification by the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff stating that the statutory conditions for repeal had been met, including that implementation of repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces”. United States law provides a variety of avenues for seeking compensation and redress for alleged discrimination and denial of constitutional and related statutory rights. The NPREC’s report, which was issued in June 2009, inter alia, sets forth a specific set of recommended Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails, including Supplemental Standards for Facilities with Immigration Detainees. DOJ is actively working to address the NPREC’s recommendations.

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 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.

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Tribal communities still suffer among the most challenging socioeconomic conditions. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. Indigenous representatives and some representatives of civil society have raised a number of particular concerns. At the state and local level, discrimination in employment may be addressed by state and local human rights/civil rights entities separately or in partnership with EEOC (see Common Core Document Annex A). The Supreme Court recently examined the interplay of disparate treatment (intentional discrimination) and disparate impact (policies or practices that have a discriminatory effect, regardless of intention) under Title VII in employment testing. Under this standard, before an employer can reject the results of an employment test for the asserted purpose of avoiding or remedying an unintentional disparate impact under Title VII, the employer must have a strong basis in evidence to believe that it will be subject to disparate impact liability if it makes employment decisions based on the test. Based on this ruling, some of the plaintiffs were allowed to proceed with their claims of disparate impact race discrimination as a result of the firefighter test, and obtained relief from an injunctive order that requires the city to hire 111 Blacks/African Americans as firefighters, to provide them retroactive seniority credits, and to fund their pensions so as to account for the benefits that would have accrued had they been hired after taking the test. More recently, the federal government entered a settlement for $1.25 billion with a class of individuals who brought claims under Section 14012, contingent on the necessary appropriations by Congress. Among other protections afforded to aliens within the United States, aliens, like citizens, are entitled to the constitutional guarantee against cruel and unusual punishment and slavery and involuntary servitude. In addition to the constitutional protections afforded to aliens, many federal statutes provide aliens with further protections against discrimination. On December 18, 2010, Congress passed a law to repeal 10 U. Under the Repeal Act, the repeal took effect 60 days following delivery to Congress of a certification by the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff stating that the statutory conditions for repeal had been met, including that implementation of repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces”. United States law provides a variety of avenues for seeking compensation and redress for alleged discrimination and denial of constitutional and related statutory rights. The NPREC’s report, which was issued in June 2009, inter alia, sets forth a specific set of recommended Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails, including Supplemental Standards for Facilities with Immigration Detainees. DOJ is actively working to address the NPREC’s recommendations. 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 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.

.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 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.

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