Pine Ridge Indian Reservation in South Dakota. US: UN independent expert welcomes Biden’s pardon of indigenous activist Human Rights
The UN independent expert on the rights of indigenous peoples has welcomed US President Joe Biden’s decision to pardon Leonard Peltier, an indigenous leader who spent nearly 50 years in prison, before leaving office.
Life sentences to house arrest
The pardon act, signed on Sunday hours before Biden leaves office, commutes Peltier’s life sentences to house arrest, allowing him to receive proper medical care and reconnect with his community, the Special Rapporteur said.
UN independent expert Albert Barume praised the decision, calling it “an important step by the United States towards the country’s indigenous peoples.”
Decades of Struggle
Leonard Peltier, a Chippewa and Lakota man, was convicted of murder in 1977 in connection with the deaths of two FBI agents during a clash with Indigenous activists in Pine Ridge. He was extradited from Canada in December 1976 and given two consecutive life sentences.
“For many years, Mr. Peltier maintained his innocence, and serious concerns were raised about the fairness of his trial and his legal defence,” the Special Rapporteur noted.
The case raised serious due process issues. International human rights bodies, including the UN Working Group on Arbitrary Detention, have repeatedly called for Peltier’s release. In its 2022 opinion, the UN Working Group found his detention to be arbitrary.
Previously, other UN Special Rapporteurs have also called for Peltier to be pardoned, seeing his case as emblematic of systemic injustice against Native Americans. “Mr. Peltier also suffered from serious health issues that prison authorities failed to adequately address,” Barume added.
Acknowledging Past Mistakes
“While this pardon cannot bring back decades of lost life, it does provide Peltier with the opportunity to receive proper medical care and reconnect with his people,” the independent expert said.
Barume stressed that while the pardon does not overturn Peltier’s conviction, it is an important acknowledgment of past mistakes.
The decision is also consistent with the policy of reconciliation with Native peoples in the United States, including the need to address historical injustices such as forced removal, cultural destruction, and disproportionately high rates of conclusions.
Peltier’s early life reflects this history: at the age of nine, he was forcibly removed from his family and placed in a state-run boarding school.
Next Steps
While human rights activists welcomed Peltier’s pardon, they remind the US authorities of the need for further reforms to ensure fairness and equality in the American justice system.
Special Rapporteurs and other independent human rights experts are not UN employees, do not receive a salary, and are independent from any government or organization.