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. Some reservations face unemployment rates of up to 80 percent. These include access to sacred sites, religious freedom for prisoners at the federal and state levels, and violence against women and children in tribal communities. In claims against the state or local governments themselves under Title VII, EEOC forwards completed investigations to DOJ/CRD for potential litigation. Finding that New Haven’s race-based rejection of the test results did not satisfy the strong-basis-in evidence standard, the Court struck down the action. Additionally, the agreement requires the city to provide back pay to a class of approximately 6,000 Black/African American firefighters who were affected by the test but not hired under the order. Funds were appropriated in December 2010, and the settlement received final approval from the federal district court. USDA has voluntarily taken a number of measures to benefit Consent Decree claimants beyond those required by the Consent Decree and subsequent court orders. Many of these statutes were enacted because of the recognition that aliens may be especially vulnerable and may require additional protections against discrimination, particularly in the employment arena. In July 2011, the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff made the certification and delivered it to Congress. Specific remedies were described in paragraph 98 of the Initial U. Report and paragraph 59 of the Second and Third Periodic Report. 723 (2008), the Supreme Court held that constitutional habeas corpus review was available to those detained by the Department of Defense at Guantanamo Bay. It also includes specific recommendations for action by the Attorney General and DOJ, as well as for action by Congress to facilitate reporting of and improve enforcement against sexual abuse in confinement. After the Commission issued its final report, DOJ reviewed and revised the recommended standards and issued a Proposed Rule, consisting of DOJ’s proposed regulations, upon which DOJ sought public comment.

facilities accommodating suicide in 1945-53

For purposes of brevity those descriptions and explanations will not be repeated in this report. In this report, the United States has considered carefully the views expressed by the Committee in its prior written communications and public sessions with the United States. Government has consulted with representatives of civil society and has sought information and input from their organizations. Paragraphs 12-25 of the Initial Report and paragraphs 5-14 of the combined Second and Third Periodic Report set forth the policy of the United States of promoting self-government in the Insular Areas of the United States. The Insular Areas of the United States remain the same as indicated in the combined Second and Third Periodic Report. In 2009, President Obama expanded the mandate of the Task Force to include recommendations on policies that promote job creation, education, health care, clean energy, and economic development in Puerto Rico. The initiative involves “bridge training” for state police officers, enabling them to become federal officers; and collaboration with the Indian Health Service to develop a unified response mechanism to prevent and contain suicide emergencies. Similarly, the way in which a state government chooses to allocate its financial resources among categories of needy people will be reviewed under this highly deferential standard. Additionally, CRD enforces the anti-discrimination provision of the Immigration and Nationality Act, codified at 8 U. Employers may not treat work-authorized individuals differently because of their citizenship status. DOJ/CRD has placed a priority on prosecuting bias crimes and incidents of discrimination against Muslims, Sikhs, and persons of Arab and South Asian descent, as well as persons perceived to be members of these groups. HHS/OCR has received complaints filed by or on behalf of a wide range of individuals, including individuals with physical, psychiatric, developmental, and cognitive impairments, and individuals of all ages. Department of Agriculture (USDA) continues to implement the historic civil rights Consent Decree in the federal district court case of Pigford v. As of June 30, 2010, over 22,600 class members had received more than $1 billion in damages and debt relief. Within DHS, the Transportation Security Administration (TSA), Customs and Border Protection (CBP), the Office of Policy, the Federal Emergency Management Agency (FEMA), the Homeland Security Advisory Council (HSAC) and the U. Citizenship and Immigration Service (USCIS) also frequently participate in community engagement efforts. Unlawful discrimination shall not be condoned.” Furthermore, the entire chain of command must be used “to promote, support, and enforce the MEO program. State policy regarding the medical care that will be provided to those in state custody must be made with due regard for an individual’s medical needs and the medical judgment of qualified health care providers. Several investigations of various aspects of BOP operations have been conducted in the last several years.

In the spirit of cooperation, the United States has provided as much information as possible on a number of issues raised by the committee and/or civil society, whether or not they bear directly on formal obligations arising under the Covenant. Civil society representatives have raised a variety of concerns on many of the topics addressed in this report, a number of which are noted in the text of the report. The United States continues to exercise sovereignty over a number of Insular Areas, each of which is unique and constitutes an integral part of the U. They include Puerto Rico, a Commonwealth that is self-governing under its own constitution; Guam, an unincorporated, organized territory of the United States; American Samoa, an unincorporated, unorganized territory of the United States; the U. Virgin Islands, an unincorporated, organized territory of the United States; and the Northern Mariana Islands, a self-governing commonwealth in political union with the United States. Bush declared the policy that the will of the people of Puerto Rico regarding their political status should be ascertained periodically through referenda sponsored either by the United States Government or by the legislature of Puerto Rico, 57 F. The 2011 Task Force Report included extensive recommendations on these issues, as well as a recommendation, inter alia, that “the President, Congress and the leadership and people of Puerto Rico work to ensure that Puerto Ricans are able to express their will about status options and have that will acted upon….” A link to the 2011 Task Force Report can be found at: The United States is home to over 560 federally recognized tribes, with about 50 percent of the American Indian and Alaska Native population residing on or near their homelands. More than 40 years have passed since the United States adopted the policy of greater tribal autonomy. This initiative also includes a substantial effort to recruit and hire new personnel. The Department of Justice also has created a Tribal Nations Leadership Council, made up of tribal leaders selected by the federally recognized tribes, to advise the Department on issues critical to Indian country. In 2011, the Attorney General launched a Violence Against Women Federal and Tribal Prosecution Task Force composed of federal and tribal prosecutors. All of its litigating sections, including employment, education, and housing, are engaged in this effort. Thus, under Title VII of the Civil Rights Act, for example, it is unlawful for an employer to take any action that “well might have dissuaded a reasonable [person] from making or supporting a charge of discrimination.” Burlington N. Through September 2010, HHS/OCR had conducted 581 investigations, achieving corrective action in 61 % of investigated cases. There has been concern, however, about the large number of petitioners whose petitions have not been considered on the merits. In addition, CRCL sponsors dozens of other events each year, including meetings on topics of particular interest (e.g., modesty concerns related to TSA’s Advanced Imaging Technology and pat-down procedures) and youth engagement events (e.g., Muslim American youth roundtables). The chain of command is the primary and preferred channel for identifying and correcting discriminatory practices. Federal courts also become involved if litigation is initiated. Under Title VI of the Civil Rights Act of 1964 and the Safe Streets Act, state and local prisons that receive federal financial assistance are prohibited from discriminating on the basis of race, color, national origin, religion, and sex in their services, programs, and activities. Abuses do occur in jails and prisons in the United States, and DOJ has prosecuted many cases involving federal and state prison officials. These statutes allow suit for declaratory or equitable relief for a pattern or practice of unconstitutional conditions of confinement. The criminal statutes at the time also did not apply to personnel working in private facilities that housed federal prisoners pursuant to contracts with the federal government.

Specific discussions in areas such as economic development and natural resources, public safety and housing, education, and health and labor, were also led by other high-level Administration representatives. For example, the United States Environmental Protection Agency finalized an Agency-wide Tribal Consultation Policy on May 4, 2011, to fully comply with Executive Order 13175 on tribal coordination and consultation. The White House issued a synopsis of the event at: Earlier the same day, President Obama signed an Executive Order that establishes an initiative that will help expand educational opportunities and improve educational outcomes for all American Indian and Alaska Native students, including opportunities to learn their Native languages, cultures, and histories and receive a complete and competitive education that prepares them for college and a career and productive and satisfying lives. The Secretary of the Interior may collect income from tribal trust property and may deposit it for the benefit of the relevant tribe in the United States Treasury or other depository institution. Approximately 56 million surface acres and 57 million acres of subsurface mineral estates are held in federal trust for the use and benefit of tribes and individual Indians. In addition, USDA will also provide a total of up to $160 million in debt relief to successful Hispanic and female claimants who currently owe USDA money for eligible farm loans. As noted in the Second and Third Periodic Report, under United States immigration law, an alien is “any person not a citizen or national of the United States,” 8 U. The Bureau is focusing on four policy areas: 1) promoting high-growth, high-paying “green” jobs, nontraditional jobs, and science, technology, engineering and mathematics (STEM) occupations for women; 2) narrowing the wage gap between men and women; 3) promoting work-life balance, especially workplace flexibility; and 4) improving services for homeless women veterans. Rather, plaintiffs must identify a specific employment practice common to all class members to satisfy Rule 23(a)(2). 2000e (k) (2004), which amended Title VII of the Civil Rights Act, protects women from employment discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” The PDA requires that pregnancy be treated the same as other physical or medical conditions with respect to leave, health insurance, and fringe benefits. The revisions to the parole guidelines were informed in part by recommendations from the United Nations High Commissioner for Refugees and nongovernmental organizations. The Resource Center will provide additional training, technical assistance, and program implementation resources to the field to assist in the identification and promulgation of best practices and promising practices. During the removal proceedings, the immigration judge has the authority to determine whether an alien is inadmissible or deportable, to grant relief from removal (e.g., voluntary departure, asylum, cancellation of removal), and to determine the country to which an alien should be removed.

The Policy provides tribal governments a meaningful opportunity to provide input before EPA makes final decisions on actions that may affect tribal interests and supports EPA's priority of strengthening its partnership with tribes. A second White House Tribal Nations Conference was held in December 2010 to continue the dialogue and build on the President’s commitment to strengthen the government-to-government relationship between the U. During this Conference, President Obama announced United States support for the United Nations Declaration on the Rights of Indigenous Peoples and noted that the United States was releasing a more detailed statement about U. support for the Declaration and the Administration’s ongoing work on Native American issues. The White House also released a report, “Achieving a Brighter Future for Tribal Nations,” which provides a summary of some of the many actions the Obama Administration has taken to address the concerns of American Indians and Alaska Natives. Allotted lands remained allotted, but the IRA provided that unallotted surplus Indian lands would return to tribal ownership. Trust land is maintained both on and off Indian reservations, and may not be alienated, encumbered, or otherwise restricted without the approval of the Secretary of the Interior. The Director of the Women’s Bureau is the principal adviser to the Secretary of Labor on issues affecting women in the labor force. In addition, the Court held that the plaintiffs’ claims for back pay could not be certified under Rule 23(b)(2), which does not permit certification of class actions for individualized monetary relief claims. The Pregnancy Discrimination Act (PDA) of 1978, 42 U. As noted in paragraphs 65 to 68 of the Second and Third Periodic Report, the Supreme Court has held that the PDA protects not only female employees, but also the female spouses of male employees. Finally, as noted above, DOJ/CRD has prosecuted state and local prison guards and other law enforcement officers for sexually assaulting persons in custody and for enticing inmates to sexually assault a prisoner. In 2009, the Inspector General of DOJ (DOJ/OIG) issued a further report on the issue.

The link to the President’s remarks, the Executive Order, and the Report is at: In February 2009, the newly-appointed Secretary of the Interior, Ken Salazar, outlined the Obama Administration’s policies with regard to Indian tribes and Alaska Native communities. A significant number of acres of land are also owned in fee status whereby an Indian tribe holds the fee to the land pending consideration of a trust acquisition by the United States. Some federal agencies also have programs to encourage the advancement of women in their own workforces. President Obama also convened a National Equal Pay Task Force that brought together the leadership of agencies with a role to play in wage discrimination affecting women – the EEOC, DOL, DOJ, and Office of Personnel Management. Since this filing, several smaller groups of women have filed smaller pay and promotion class claims concerning the practices of a particular region within Wal-Mart. Finally the PDA prohibits discrimination on the basis of a woman’s capacity to become pregnant, as well as pregnancy, childbirth or related conditions. Caregiver discrimination (also known as “family responsibility discrimination”) refers to employment discrimination against those who are responsible for caring for others, often young children or elderly family members. This report assessed the efforts of DOJ to deter staff abuse of federal prisoners, and included an analysis of the effect of the 20 legislation on prosecution of criminal sexual abuse cases and prison sentences for convicted staff sexual abusers.

Secretary Salazar pledged to restore integrity in governmental relations with Indian tribes and Alaska Native communities, to fulfill the United States’ trust responsibilities to Native Americans and to work cooperatively to build stronger economies and safer Native American communities, by helping address economic development, education and law enforcement, and other major challenges facing Indian tribes and Alaska Native communities. The Department of the Interior has taken 105,000 acres of land into trust for tribes in the past two years as part of its effort to restore tribal homelands. That Act, among other things, outlined the “Interior Secretary’s duties to ensure ‘proper discharge of the trust responsibilities of the United States.’” Id. On July 20, 2010, the Task Force released recommendations for government actions to ensure full compliance with wage discrimination laws and to help provide solutions for families balancing work and caregiving responsibilities. The EEOC’s charge filing statistics report a sharp increase in charges filed under the PDA since the last report (6,119 in 2010, up from 4,730 in 2005). While “caregivers” are not expressly protected under the employment discrimination laws, caregiver discrimination may include pregnancy discrimination claims under Title VII and the PDA, in addition to Title VII allegations that employers stereotype caregivers, particularly female caregivers, as less capable and committed to their employment than men or women without such responsibilities. he Criminal Section of DOJ/CRD has primary enforcement responsibility for cases involving involuntary servitude, forced labor and trafficking. In recent years, due to enhanced criminal statutes, victim-protection provisions, and public awareness programs introduced by the Trafficking Victims Protection Act of 2000, as well as sustained dedication to combating human trafficking, the numbers of trafficking investigations and prosecutions have increased dramatically. Attorneys’ Offices brought a record number of trafficking cases, including a record number of labor trafficking cases. Among other elements, the report noted that allegations of criminal sexual abuse and non-criminal sexual misconduct by prison staff had more than doubled from 2001 to 2008, that allegations had been made in all but one of the 93 prison locations, and that allegations had been made against both male and female employees. The immigration judge must also place the alien under oath, read the facts alleged in the NTA to the alien, and request that the alien admit or deny each factual allegation, 8 C.

It also takes into account the Concluding Observations of the Human Rights Committee published 18 December 2006 (CCPR/C/USA/CO/3/Rev.1). In 2008, the district court held that DOI continued to breach its duty to account for trust funds, but that an accounting of the funds was impossible as a matter of law. In addition, it strengthens tribal courts and police departments and enhances programs to combat drug and alcohol abuse and help at-risk youth. In addition to suits on behalf of individuals who experience discrimination, it investigates and brings cases challenging patterns or practices of discrimination. HHS/OCR is also partnering with the Department of Justice to promote vigorous enforcement of the Americans with Disabilities Act (ADA) and the Olmstead decision, and to maximize the effectiveness of federal leadership in promoting civil rights and setting forth the Administration’s position in federal courts. HHS/OCR investigates complaints alleging violations of ADA’s “integration regulation,” which requires that individuals with disabilities receive public services in the most integrated setting appropriate to their needs. 1997), described in paragraph 34 of the Second and Third Periodic Report. CRCL conducts regular roundtable meetings that bring together DHS officials with diverse communities in cities across the country. Do D Directive 1350.02 provides that it is Do D policy that “[s]ervice members shall be evaluated only on individual merit, fitness, and capability. Article 10 – Treatment of persons deprived of their liberty 217. A separate branch of DOJ may become involved if there is reason to believe that prisoners’ rights are being violated.

The United States has provided the text and explanations for reservations, understandings and declarations it undertook at the time it became a State Party to the Covenant in its prior reports. This policy has been continued by Presidents Clinton, George W. President Clinton established the President’s Task Force on Puerto Rico’s Status in December 2000, and Task Force Reports have been issued in 2005, 2007, and 2011. The Department of the Interior has also initiated a major law enforcement program, which has established high priority performance goals for crime reduction on four targeted reservations, resulting in a permanent “surge” on those reservations. These cases allow DOJ/CRD to seek broad relief for many victims, and to help change discriminatory policies in the workplace. 1324b, which prohibits discrimination on the basis of citizenship or immigration status by employers with four or more employees. This was the regulation at issue in the Olmstead decision, discussed above. The Consent Decree settled a class action brought by Black/African American farmers alleging discrimination in farm credit and non-credit benefit programs. Some of these roundtables are hosted exclusively by CRCL; others are conducted in partnership with other federal agencies. Unlawful discrimination against persons or groups based on race, color, religion, sex, or national origin is contrary to good order and discipline and is counterproductive to combat readiness and mission accomplishment. forces, while also ruling that habeas relief is governed by equitable principles, and that habeas jurisdiction could not be exercised to enjoin the United States from transferring individuals to a foreign sovereign for criminal trial in the context of that case, where the individuals were detained within the territory of a foreign sovereign on behalf of that sovereign pending their criminal prosecution, and where the United States government had a firm commitment not to transfer individuals if they were more likely than not to face torture. As discussed in paragraphs 259-299 of the Initial Report and paragraphs 174-175 of the Second and Third Periodic Report, the Fifth, Eighth, and Fourteenth Amendments to the U. Constitution, as well as state constitutions and federal and state statutes, regulate the treatment and conditions of detention of persons deprived of liberty by state action. Congress may also initiate an investigation of the BOP’s operations where problems are brought to its attention. In situations in which the removal consequences of a particular plea are unclear or uncertain, however, “a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.” Id.

The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to 0 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate.

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

Secretary Salazar pledged to restore integrity in governmental relations with Indian tribes and Alaska Native communities, to fulfill the United States’ trust responsibilities to Native Americans and to work cooperatively to build stronger economies and safer Native American communities, by helping address economic development, education and law enforcement, and other major challenges facing Indian tribes and Alaska Native communities. The Department of the Interior has taken 105,000 acres of land into trust for tribes in the past two years as part of its effort to restore tribal homelands. That Act, among other things, outlined the “Interior Secretary’s duties to ensure ‘proper discharge of the trust responsibilities of the United States.’” Id. On July 20, 2010, the Task Force released recommendations for government actions to ensure full compliance with wage discrimination laws and to help provide solutions for families balancing work and caregiving responsibilities. The EEOC’s charge filing statistics report a sharp increase in charges filed under the PDA since the last report (6,119 in 2010, up from 4,730 in 2005). While “caregivers” are not expressly protected under the employment discrimination laws, caregiver discrimination may include pregnancy discrimination claims under Title VII and the PDA, in addition to Title VII allegations that employers stereotype caregivers, particularly female caregivers, as less capable and committed to their employment than men or women without such responsibilities. he Criminal Section of DOJ/CRD has primary enforcement responsibility for cases involving involuntary servitude, forced labor and trafficking. In recent years, due to enhanced criminal statutes, victim-protection provisions, and public awareness programs introduced by the Trafficking Victims Protection Act of 2000, as well as sustained dedication to combating human trafficking, the numbers of trafficking investigations and prosecutions have increased dramatically. Attorneys’ Offices brought a record number of trafficking cases, including a record number of labor trafficking cases. Among other elements, the report noted that allegations of criminal sexual abuse and non-criminal sexual misconduct by prison staff had more than doubled from 2001 to 2008, that allegations had been made in all but one of the 93 prison locations, and that allegations had been made against both male and female employees. The immigration judge must also place the alien under oath, read the facts alleged in the NTA to the alien, and request that the alien admit or deny each factual allegation, 8 C. It also takes into account the Concluding Observations of the Human Rights Committee published 18 December 2006 (CCPR/C/USA/CO/3/Rev.1). In 2008, the district court held that DOI continued to breach its duty to account for trust funds, but that an accounting of the funds was impossible as a matter of law. In addition, it strengthens tribal courts and police departments and enhances programs to combat drug and alcohol abuse and help at-risk youth. In addition to suits on behalf of individuals who experience discrimination, it investigates and brings cases challenging patterns or practices of discrimination. HHS/OCR is also partnering with the Department of Justice to promote vigorous enforcement of the Americans with Disabilities Act (ADA) and the Olmstead decision, and to maximize the effectiveness of federal leadership in promoting civil rights and setting forth the Administration’s position in federal courts. HHS/OCR investigates complaints alleging violations of ADA’s “integration regulation,” which requires that individuals with disabilities receive public services in the most integrated setting appropriate to their needs. 1997), described in paragraph 34 of the Second and Third Periodic Report. CRCL conducts regular roundtable meetings that bring together DHS officials with diverse communities in cities across the country. Do D Directive 1350.02 provides that it is Do D policy that “[s]ervice members shall be evaluated only on individual merit, fitness, and capability. Article 10 – Treatment of persons deprived of their liberty 217. A separate branch of DOJ may become involved if there is reason to believe that prisoners’ rights are being violated. The United States has provided the text and explanations for reservations, understandings and declarations it undertook at the time it became a State Party to the Covenant in its prior reports. This policy has been continued by Presidents Clinton, George W. President Clinton established the President’s Task Force on Puerto Rico’s Status in December 2000, and Task Force Reports have been issued in 2005, 2007, and 2011. The Department of the Interior has also initiated a major law enforcement program, which has established high priority performance goals for crime reduction on four targeted reservations, resulting in a permanent “surge” on those reservations. These cases allow DOJ/CRD to seek broad relief for many victims, and to help change discriminatory policies in the workplace. 1324b, which prohibits discrimination on the basis of citizenship or immigration status by employers with four or more employees. This was the regulation at issue in the Olmstead decision, discussed above. The Consent Decree settled a class action brought by Black/African American farmers alleging discrimination in farm credit and non-credit benefit programs. Some of these roundtables are hosted exclusively by CRCL; others are conducted in partnership with other federal agencies. Unlawful discrimination against persons or groups based on race, color, religion, sex, or national origin is contrary to good order and discipline and is counterproductive to combat readiness and mission accomplishment. forces, while also ruling that habeas relief is governed by equitable principles, and that habeas jurisdiction could not be exercised to enjoin the United States from transferring individuals to a foreign sovereign for criminal trial in the context of that case, where the individuals were detained within the territory of a foreign sovereign on behalf of that sovereign pending their criminal prosecution, and where the United States government had a firm commitment not to transfer individuals if they were more likely than not to face torture. As discussed in paragraphs 259-299 of the Initial Report and paragraphs 174-175 of the Second and Third Periodic Report, the Fifth, Eighth, and Fourteenth Amendments to the U. Constitution, as well as state constitutions and federal and state statutes, regulate the treatment and conditions of detention of persons deprived of liberty by state action. Congress may also initiate an investigation of the BOP’s operations where problems are brought to its attention. In situations in which the removal consequences of a particular plea are unclear or uncertain, however, “a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.” Id. The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than $3 billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to $100 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate. 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.

||

Secretary Salazar pledged to restore integrity in governmental relations with Indian tribes and Alaska Native communities, to fulfill the United States’ trust responsibilities to Native Americans and to work cooperatively to build stronger economies and safer Native American communities, by helping address economic development, education and law enforcement, and other major challenges facing Indian tribes and Alaska Native communities. The Department of the Interior has taken 105,000 acres of land into trust for tribes in the past two years as part of its effort to restore tribal homelands. That Act, among other things, outlined the “Interior Secretary’s duties to ensure ‘proper discharge of the trust responsibilities of the United States.’” Id. On July 20, 2010, the Task Force released recommendations for government actions to ensure full compliance with wage discrimination laws and to help provide solutions for families balancing work and caregiving responsibilities. The EEOC’s charge filing statistics report a sharp increase in charges filed under the PDA since the last report (6,119 in 2010, up from 4,730 in 2005). While “caregivers” are not expressly protected under the employment discrimination laws, caregiver discrimination may include pregnancy discrimination claims under Title VII and the PDA, in addition to Title VII allegations that employers stereotype caregivers, particularly female caregivers, as less capable and committed to their employment than men or women without such responsibilities. he Criminal Section of DOJ/CRD has primary enforcement responsibility for cases involving involuntary servitude, forced labor and trafficking. In recent years, due to enhanced criminal statutes, victim-protection provisions, and public awareness programs introduced by the Trafficking Victims Protection Act of 2000, as well as sustained dedication to combating human trafficking, the numbers of trafficking investigations and prosecutions have increased dramatically. Attorneys’ Offices brought a record number of trafficking cases, including a record number of labor trafficking cases. Among other elements, the report noted that allegations of criminal sexual abuse and non-criminal sexual misconduct by prison staff had more than doubled from 2001 to 2008, that allegations had been made in all but one of the 93 prison locations, and that allegations had been made against both male and female employees. The immigration judge must also place the alien under oath, read the facts alleged in the NTA to the alien, and request that the alien admit or deny each factual allegation, 8 C.

It also takes into account the Concluding Observations of the Human Rights Committee published 18 December 2006 (CCPR/C/USA/CO/3/Rev.1). In 2008, the district court held that DOI continued to breach its duty to account for trust funds, but that an accounting of the funds was impossible as a matter of law. In addition, it strengthens tribal courts and police departments and enhances programs to combat drug and alcohol abuse and help at-risk youth. In addition to suits on behalf of individuals who experience discrimination, it investigates and brings cases challenging patterns or practices of discrimination. HHS/OCR is also partnering with the Department of Justice to promote vigorous enforcement of the Americans with Disabilities Act (ADA) and the Olmstead decision, and to maximize the effectiveness of federal leadership in promoting civil rights and setting forth the Administration’s position in federal courts. HHS/OCR investigates complaints alleging violations of ADA’s “integration regulation,” which requires that individuals with disabilities receive public services in the most integrated setting appropriate to their needs. 1997), described in paragraph 34 of the Second and Third Periodic Report. CRCL conducts regular roundtable meetings that bring together DHS officials with diverse communities in cities across the country. Do D Directive 1350.02 provides that it is Do D policy that “[s]ervice members shall be evaluated only on individual merit, fitness, and capability. Article 10 – Treatment of persons deprived of their liberty 217. A separate branch of DOJ may become involved if there is reason to believe that prisoners’ rights are being violated.

The United States has provided the text and explanations for reservations, understandings and declarations it undertook at the time it became a State Party to the Covenant in its prior reports. This policy has been continued by Presidents Clinton, George W. President Clinton established the President’s Task Force on Puerto Rico’s Status in December 2000, and Task Force Reports have been issued in 2005, 2007, and 2011. The Department of the Interior has also initiated a major law enforcement program, which has established high priority performance goals for crime reduction on four targeted reservations, resulting in a permanent “surge” on those reservations. These cases allow DOJ/CRD to seek broad relief for many victims, and to help change discriminatory policies in the workplace. 1324b, which prohibits discrimination on the basis of citizenship or immigration status by employers with four or more employees. This was the regulation at issue in the Olmstead decision, discussed above. The Consent Decree settled a class action brought by Black/African American farmers alleging discrimination in farm credit and non-credit benefit programs. Some of these roundtables are hosted exclusively by CRCL; others are conducted in partnership with other federal agencies. Unlawful discrimination against persons or groups based on race, color, religion, sex, or national origin is contrary to good order and discipline and is counterproductive to combat readiness and mission accomplishment. forces, while also ruling that habeas relief is governed by equitable principles, and that habeas jurisdiction could not be exercised to enjoin the United States from transferring individuals to a foreign sovereign for criminal trial in the context of that case, where the individuals were detained within the territory of a foreign sovereign on behalf of that sovereign pending their criminal prosecution, and where the United States government had a firm commitment not to transfer individuals if they were more likely than not to face torture. As discussed in paragraphs 259-299 of the Initial Report and paragraphs 174-175 of the Second and Third Periodic Report, the Fifth, Eighth, and Fourteenth Amendments to the U. Constitution, as well as state constitutions and federal and state statutes, regulate the treatment and conditions of detention of persons deprived of liberty by state action. Congress may also initiate an investigation of the BOP’s operations where problems are brought to its attention. In situations in which the removal consequences of a particular plea are unclear or uncertain, however, “a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.” Id.

The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than $3 billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to $100 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate.

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.

||

Secretary Salazar pledged to restore integrity in governmental relations with Indian tribes and Alaska Native communities, to fulfill the United States’ trust responsibilities to Native Americans and to work cooperatively to build stronger economies and safer Native American communities, by helping address economic development, education and law enforcement, and other major challenges facing Indian tribes and Alaska Native communities. The Department of the Interior has taken 105,000 acres of land into trust for tribes in the past two years as part of its effort to restore tribal homelands. That Act, among other things, outlined the “Interior Secretary’s duties to ensure ‘proper discharge of the trust responsibilities of the United States.’” Id. On July 20, 2010, the Task Force released recommendations for government actions to ensure full compliance with wage discrimination laws and to help provide solutions for families balancing work and caregiving responsibilities. The EEOC’s charge filing statistics report a sharp increase in charges filed under the PDA since the last report (6,119 in 2010, up from 4,730 in 2005). While “caregivers” are not expressly protected under the employment discrimination laws, caregiver discrimination may include pregnancy discrimination claims under Title VII and the PDA, in addition to Title VII allegations that employers stereotype caregivers, particularly female caregivers, as less capable and committed to their employment than men or women without such responsibilities. he Criminal Section of DOJ/CRD has primary enforcement responsibility for cases involving involuntary servitude, forced labor and trafficking. In recent years, due to enhanced criminal statutes, victim-protection provisions, and public awareness programs introduced by the Trafficking Victims Protection Act of 2000, as well as sustained dedication to combating human trafficking, the numbers of trafficking investigations and prosecutions have increased dramatically. Attorneys’ Offices brought a record number of trafficking cases, including a record number of labor trafficking cases. Among other elements, the report noted that allegations of criminal sexual abuse and non-criminal sexual misconduct by prison staff had more than doubled from 2001 to 2008, that allegations had been made in all but one of the 93 prison locations, and that allegations had been made against both male and female employees. The immigration judge must also place the alien under oath, read the facts alleged in the NTA to the alien, and request that the alien admit or deny each factual allegation, 8 C.

It also takes into account the Concluding Observations of the Human Rights Committee published 18 December 2006 (CCPR/C/USA/CO/3/Rev.1). In 2008, the district court held that DOI continued to breach its duty to account for trust funds, but that an accounting of the funds was impossible as a matter of law. In addition, it strengthens tribal courts and police departments and enhances programs to combat drug and alcohol abuse and help at-risk youth. In addition to suits on behalf of individuals who experience discrimination, it investigates and brings cases challenging patterns or practices of discrimination. HHS/OCR is also partnering with the Department of Justice to promote vigorous enforcement of the Americans with Disabilities Act (ADA) and the Olmstead decision, and to maximize the effectiveness of federal leadership in promoting civil rights and setting forth the Administration’s position in federal courts. HHS/OCR investigates complaints alleging violations of ADA’s “integration regulation,” which requires that individuals with disabilities receive public services in the most integrated setting appropriate to their needs. 1997), described in paragraph 34 of the Second and Third Periodic Report. CRCL conducts regular roundtable meetings that bring together DHS officials with diverse communities in cities across the country. Do D Directive 1350.02 provides that it is Do D policy that “[s]ervice members shall be evaluated only on individual merit, fitness, and capability. Article 10 – Treatment of persons deprived of their liberty 217. A separate branch of DOJ may become involved if there is reason to believe that prisoners’ rights are being violated.

The United States has provided the text and explanations for reservations, understandings and declarations it undertook at the time it became a State Party to the Covenant in its prior reports. This policy has been continued by Presidents Clinton, George W. President Clinton established the President’s Task Force on Puerto Rico’s Status in December 2000, and Task Force Reports have been issued in 2005, 2007, and 2011. The Department of the Interior has also initiated a major law enforcement program, which has established high priority performance goals for crime reduction on four targeted reservations, resulting in a permanent “surge” on those reservations. These cases allow DOJ/CRD to seek broad relief for many victims, and to help change discriminatory policies in the workplace. 1324b, which prohibits discrimination on the basis of citizenship or immigration status by employers with four or more employees. This was the regulation at issue in the Olmstead decision, discussed above. The Consent Decree settled a class action brought by Black/African American farmers alleging discrimination in farm credit and non-credit benefit programs. Some of these roundtables are hosted exclusively by CRCL; others are conducted in partnership with other federal agencies. Unlawful discrimination against persons or groups based on race, color, religion, sex, or national origin is contrary to good order and discipline and is counterproductive to combat readiness and mission accomplishment. forces, while also ruling that habeas relief is governed by equitable principles, and that habeas jurisdiction could not be exercised to enjoin the United States from transferring individuals to a foreign sovereign for criminal trial in the context of that case, where the individuals were detained within the territory of a foreign sovereign on behalf of that sovereign pending their criminal prosecution, and where the United States government had a firm commitment not to transfer individuals if they were more likely than not to face torture. As discussed in paragraphs 259-299 of the Initial Report and paragraphs 174-175 of the Second and Third Periodic Report, the Fifth, Eighth, and Fourteenth Amendments to the U. Constitution, as well as state constitutions and federal and state statutes, regulate the treatment and conditions of detention of persons deprived of liberty by state action. Congress may also initiate an investigation of the BOP’s operations where problems are brought to its attention. In situations in which the removal consequences of a particular plea are unclear or uncertain, however, “a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.” Id.

The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than $3 billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to $100 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate.

.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.