Submission to the First Session of the International Peoples,
Tribunal on Human Rights and the Environment
Requesting Adjudication of Issues Surrounding
Peabody Western Coal Company,s mining operations
in Black Mesa, Arizona
Human Rights and the Environment
The Dineh (Navajo) people v Peabody Western
Coal Company (PWCC), Hanson Holding Company PLC, the US Department of the
Interior (DOI), the US Department of the Interior Office of Surface Mining
Reclamation & Enforcement (OSMRE), the US Bureau of Indian Affairs (BIA),
the US Environmental Protection Agency (EPA), and the Black Mesa Pipeline
This case is based on the principles, rights and
duties contained in the following Covenants and Declarations:
The Rio Declaration on Environment and
The Universal Declaration of the Rights of People
The Universal Declaration of Human Rights
The International Convenants on Human Rights
The Vienna Declaration and Programme of Action
The UN Convention on the Rights of the Child
The International Covenant on Civil and Political Rights
The International Covenant on Economic, Social and Cultural Rights
Indigenous and Tribal Peoples Convention
Surface Mining Control and Reclamation Act
The Indian Civil Rights Act
1. Whether the operations and behavior of Peabody Western Coal Company in Black Mesa, Arizona constitutes a violation of the human, civil and political rights of the Dineh people.
2. Whether the government of the United States is fulfilling its trust responsibility and duty to uphold and protect the human, civil and political rights, health, environment, safety and welfare of the Dineh people.
3. Whether the government of the United States has the right to intervene on Indian lands to legislate Relocation policies that negate property rights for Dineh people who have been living there before Europeans first came to this continent.
4. Whether the solarization
of the Four Corners power plants and conversion of Peabody Coal to large-scale
solar operations can be implemented for the US government to fulfill its
implementation of Agenda 21.