Post by Lux on Mar 18, 2008 16:57:17 GMT 12
The United States government is drawing fire from international legal
experts for its treatment of American Indians, Blacks, Latinos and other
racial minorities.
The U.S. is failing to meet international standards on racial equality,
according to the U.N. Committee on the Elimination of Racial
Discrimination (CERD) based in Geneva, Switzerland.
Last Friday, after considering the U.S. government's written and oral
testimony, the 18-member committee said it has found "stark racial
disparities" in the U.S. institutions, including its criminal justice
system.
The CERD is responsible for monitoring global compliance with the 1969
Convention on the Elimination of Racial Discrimination, an international
treaty that has been ratified by the United States.
In concluding the CERD report on U.S. record, the panel of experts called
for the George W. Bush administration to take effective actions to end
racist practices against minorities in the areas of criminal justice,
housing, healthcare and education.
This is the second time in less than two years that the U.S. government
has been found to be falling short of its treaty obligations. In March
2006, The CERD had harshly criticized the U.S. for violating Native
Americans' land rights.
Taking note of racial discrimination against indigenous communities, the
Committee said it wants the U.S. to provide information about what it has
done to promote the culture and traditions of American Indian, Alaska
Native and indigenous Hawaiian peoples. It also urged the U.S. to apply
the U.N. Declaration on the Rights of Indigenous Peoples.
The CERD also voiced strong concerns regarding environmental racism and
the environmental degradation of indigenous areas of spiritual and
cultural significance, without regard to whether they are on "recognized"
reservation lands.
The Committee recommended to the U.S. that it consult with indigenous
representatives, "chosen in accordance with their own procedures -- to
ensure that activities carried out in areas of spiritual and cultural
significance do not have a negative impact on the enjoyment of their
rights under the Convention".
In its 13-page ruling, the U.N. body also raised serious questions about
the death penalty and in the sentencing of minors to life without parole,
which it linked to racial disparities between whites and blacks.
In their testimony, Bush administration officials held that the treaty
obligations do not apply to laws or practices that are race-neutral on
their face but discriminatory in effect. The Committee outright rejected
that claim, noting that the treaty prohibits racial discrimination in all
forms, including practices and legislation that may not be discriminatory
in purpose, but in effect.
The CERD panel also objected to the indefinite detention of non-citizens
at Guantanamo prison and urged the U.S. to guarantee "enemy combatants"
judicial review.
The panel said the U.S. needs to implement training programs for law
enforcement officials, teachers and social workers in order to raise their
awareness about the treaty and the obligations the U.S. is required to
uphold as a signatory.
Human rights defenders who watched the CERD proceeding closely said they
were pleased with its observations and recommendations.
"The U.N. is telling the U.S. that it needs to deal with an ugly aspect of
its criminal justice system," said Alison Parker of Human Rights Watch,
which has been monitoring discriminatory practices in the United States
for years.
In a statement, Parker hailed the U.N. panel for rejecting the U.S.
government's claim that more black children get life without parole
because they commit more crimes and held that the U.N. criticism of the
justice system was fair.
"Once again, the Bush administration has been told by a major human rights
body that it is not above the law," said Parker in of the indefinite
detention of terrorism suspects at Guantanamo prison.
Other rights activists also held similar views about the outcome of the
CERD hearings in Geneva.
"[It has] exposed to the world the extent to which racial discrimination
has been normalized and effectively made permissible in many areas of
American life," said Ajamu Baraka of the Human Rights Network, an umbrella
group representing more than 250 rights advocacy organizations.
As part of its recommendations, the Committee has asked the U.S.
government to consider the establishment of an independent human rights
body that could help eliminate widespread racial disparities.
Lenny Foster, Diné (Navajo) and representative of the Native America
Prisoners Rights Coalition, was a member of the indigenous delegation to
the CERD. He observed during the examination that the United States was
"in denial".
"Spiritual wellness and spiritual healing is paramount to the very
survival of the indigenous nations," he said. "There are efforts to
prohibit and impede the spiritual access. Corporations cannot be allowed
to prohibit access and to destroy and pollute and desecrate the sacred
lands."
Bill Larsen of the Western Shoshone Defense Project delegation also
testified before the Committee, making a strong case concerning
environmental racism and the deadly pollution caused by mining on their
ancestral lands.
In March 2006, the Western Shoshone leaders had received a favorable
response from the Committee to its complaint about the U.S. exploitation
of their sacred lands. The U.S. is obligated "to freeze, desist and stop
further harmful activities on their lands", but failed to take any action.
Indigenous leaders said they welcomed the Committee's decision to ask the
U.S. to submit its report on compliance within one year.
"It is important that all Native Peoples within the U.S. know that they
have rights that are recognized by international law even if the United
States refuses to recognize them or act upon them," said Alberto
Saldamando, one of the indigenous delegates attending the Geneva meeting.
"Now it is not just us," he continued, "but the international community
that has recognized that indigenous peoples within the United States are
subject to racism on many levels and has called for effective steps by the
U.S. to remedy this situation."
www.pww.org/article/view/12708/
experts for its treatment of American Indians, Blacks, Latinos and other
racial minorities.
The U.S. is failing to meet international standards on racial equality,
according to the U.N. Committee on the Elimination of Racial
Discrimination (CERD) based in Geneva, Switzerland.
Last Friday, after considering the U.S. government's written and oral
testimony, the 18-member committee said it has found "stark racial
disparities" in the U.S. institutions, including its criminal justice
system.
The CERD is responsible for monitoring global compliance with the 1969
Convention on the Elimination of Racial Discrimination, an international
treaty that has been ratified by the United States.
In concluding the CERD report on U.S. record, the panel of experts called
for the George W. Bush administration to take effective actions to end
racist practices against minorities in the areas of criminal justice,
housing, healthcare and education.
This is the second time in less than two years that the U.S. government
has been found to be falling short of its treaty obligations. In March
2006, The CERD had harshly criticized the U.S. for violating Native
Americans' land rights.
Taking note of racial discrimination against indigenous communities, the
Committee said it wants the U.S. to provide information about what it has
done to promote the culture and traditions of American Indian, Alaska
Native and indigenous Hawaiian peoples. It also urged the U.S. to apply
the U.N. Declaration on the Rights of Indigenous Peoples.
The CERD also voiced strong concerns regarding environmental racism and
the environmental degradation of indigenous areas of spiritual and
cultural significance, without regard to whether they are on "recognized"
reservation lands.
The Committee recommended to the U.S. that it consult with indigenous
representatives, "chosen in accordance with their own procedures -- to
ensure that activities carried out in areas of spiritual and cultural
significance do not have a negative impact on the enjoyment of their
rights under the Convention".
In its 13-page ruling, the U.N. body also raised serious questions about
the death penalty and in the sentencing of minors to life without parole,
which it linked to racial disparities between whites and blacks.
In their testimony, Bush administration officials held that the treaty
obligations do not apply to laws or practices that are race-neutral on
their face but discriminatory in effect. The Committee outright rejected
that claim, noting that the treaty prohibits racial discrimination in all
forms, including practices and legislation that may not be discriminatory
in purpose, but in effect.
The CERD panel also objected to the indefinite detention of non-citizens
at Guantanamo prison and urged the U.S. to guarantee "enemy combatants"
judicial review.
The panel said the U.S. needs to implement training programs for law
enforcement officials, teachers and social workers in order to raise their
awareness about the treaty and the obligations the U.S. is required to
uphold as a signatory.
Human rights defenders who watched the CERD proceeding closely said they
were pleased with its observations and recommendations.
"The U.N. is telling the U.S. that it needs to deal with an ugly aspect of
its criminal justice system," said Alison Parker of Human Rights Watch,
which has been monitoring discriminatory practices in the United States
for years.
In a statement, Parker hailed the U.N. panel for rejecting the U.S.
government's claim that more black children get life without parole
because they commit more crimes and held that the U.N. criticism of the
justice system was fair.
"Once again, the Bush administration has been told by a major human rights
body that it is not above the law," said Parker in of the indefinite
detention of terrorism suspects at Guantanamo prison.
Other rights activists also held similar views about the outcome of the
CERD hearings in Geneva.
"[It has] exposed to the world the extent to which racial discrimination
has been normalized and effectively made permissible in many areas of
American life," said Ajamu Baraka of the Human Rights Network, an umbrella
group representing more than 250 rights advocacy organizations.
As part of its recommendations, the Committee has asked the U.S.
government to consider the establishment of an independent human rights
body that could help eliminate widespread racial disparities.
Lenny Foster, Diné (Navajo) and representative of the Native America
Prisoners Rights Coalition, was a member of the indigenous delegation to
the CERD. He observed during the examination that the United States was
"in denial".
"Spiritual wellness and spiritual healing is paramount to the very
survival of the indigenous nations," he said. "There are efforts to
prohibit and impede the spiritual access. Corporations cannot be allowed
to prohibit access and to destroy and pollute and desecrate the sacred
lands."
Bill Larsen of the Western Shoshone Defense Project delegation also
testified before the Committee, making a strong case concerning
environmental racism and the deadly pollution caused by mining on their
ancestral lands.
In March 2006, the Western Shoshone leaders had received a favorable
response from the Committee to its complaint about the U.S. exploitation
of their sacred lands. The U.S. is obligated "to freeze, desist and stop
further harmful activities on their lands", but failed to take any action.
Indigenous leaders said they welcomed the Committee's decision to ask the
U.S. to submit its report on compliance within one year.
"It is important that all Native Peoples within the U.S. know that they
have rights that are recognized by international law even if the United
States refuses to recognize them or act upon them," said Alberto
Saldamando, one of the indigenous delegates attending the Geneva meeting.
"Now it is not just us," he continued, "but the international community
that has recognized that indigenous peoples within the United States are
subject to racism on many levels and has called for effective steps by the
U.S. to remedy this situation."
www.pww.org/article/view/12708/