COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUSIONS ON REPORT OF THE UNITED STATES

CERD
59th session
13 August 2001
Afternoon





The Committee on the Elimination of Racial Discrimination this afternoon adopted concluding observations and recommendations on the report of the United States, noting with concern the incidents of police violence and brutality, including cases of deaths, which affected minority groups and foreigners in particular, and recommending that the State party take immediate and effective measures to ensure the appropriate training of the police force with a view to combatting prejudices.

In its conclusions, the Committee noted with concern that the majority of federal, state and local prison and jail inmates in the United States were members of ethnic or national minorities, and that the incarceration rate was particularly high with regard to African-Americans and Hispanics; it recommended that the State party take firm action to guarantee the rights of everyone without distinction.

The Committee also noted with concern that according to the Special Rapporteur of the United Nations Commission on Human Rights on extrajudicial, summary or arbitrary executions, there was a disturbing correlation between race, both of the victim and the defendant, and the imposition of the death penalty; the Committee urged that the State party ensure that no death penalty was imposed as result of racial bias, perhaps by pronouncing a moratorium.

The following Committee Experts participated in the discussion: Yuri A. Reshetov, Michael E. Sherifis, Mahmoud Aboul-Nasr, Regis de Gouttes, Patrick Thornberry, Ion Diaconu, Francois Lonseny Fall, Raghavan Vasudenvan Pillai, Mario Jorge Yutzis, Tang Chengyuan, Agha Shahi, Gabriele Britz, Carlos Lechuga Hevia and Marc Boussuyt.

When the Committee reconvenes at 10 a.m., it will continue to adopt conclusions on country reports already considered this session.


Concluding Observations and Recommendations on the Report of the United States

In its concluding observations and recommendations on the initial, second and third periodic reports of the United States, submitted in one document, the Committee welcomed the detailed, frank and comprehensive report submitted by the State party, the contents of which corresponded with the Committee's guidelines for the preparation of the report.

Among the positive aspects of the report, the Committee noted that the State party in recent years had ratified or acceded to certain international human rights treaties, including the Convention, and encouraged that development. It further noted the extensive constitutional and legislative framework for the protection of civil rights in general, provided by the Bill of Rights and federal laws. The Committee welcomed recent measures undertaken including the launching in 1997 of the "Initiative on Race", the establishment of the Minority Business Development Agency under the Department of Commerce in order to redress racial and ethnic discrimination in the industrial market, as well as the efforts made to eliminate the practice of racial profiling. It encouraged the continuation of such initiatives.

The Committee welcomed the Trafficking Victims Protection Act, enacted in October 2000, as a measure to combat the trafficking in persons through prevention, prosecution of trafficking and to provide assistance to victims; it also noted as positive the continuous increase in the number of persons belonging to, in particular, the African-American and Hispanic communities in fields of employment previously predominantly occupied by Whites.

It noted, as factors and difficulties impeding the implementation of the Convention, the persistence of discriminatory effects of the legacy of the practice of slavery and segregation, and destructive policies with regard to Native Americans.

Under its concerns and recommendations, the Committee recommended that the State party undertake appropriate measures to ensure the consistent application of the provisions of the Convention at all levels of government; it emphasized its concern about the State party's far-reaching reservations and declarations, entered at the time of ratification of the Convention; it was also concerned about the implication of the State party's reservation on the implementation of article 4 of the Convention and recommended that the State party review its legislation in view of the new requirements of preventing and combatting racial discrimination; and drew the attention of the State party to undertake to prohibit and to eliminate racial discrimination in all its forms.

The Committee noted with concern the incidents of police violence and brutality, including cases of deaths as a result of excessive use of force by law enforcement officials, which affected, particularly minority groups and foreigners; and it recommended that the State party take immediate and effective measures to ensure the appropriate training of the police force with a view to combatting prejudices which might lead to racial discrimination and ultimately to a violation of the right to security of person. It further recommended that firm action was taken to punish racially motivated violence and to ensure the access of victims to effective legal remedies and the right to seek just and adequate reparation for any damage suffered as a result of such actions.

The Committee noted with concern that the majority of federal, state and local prison and jail inmates in the United States were members of ethnic or national minorities, and that the incarceration rate was particularly high with regard to African-Americans and Hispanics; it recommended that the State party take firm action to guarantee the rights of everyone without distinction. It also noted with concern that according to the Special Rapporteur of the United Nations Commission on Human Rights on extrajudicial, summary or arbitrary executions there was a disturbing correlation between race, both of the victim and the defendant, and the imposition of death penalty; the Committee urged that the State party ensure that no death penalty was imposed as result of racial bias, perhaps by imposing a moratorium on the death penalty.

The Committee was concerned about the political disenfranchisement of a large number of ethnic minorities by denying them the right to vote through disenfranchising laws and practices based on the commission of criminal offences and also sometimes being prevented from voting even after the completion of their sentences; it recalled that the right of everyone to vote on a non-discriminatory basis was a right contained in article 5 of the Convention.

The Committee noted with concern that treaties signed by the Government and Indian tribes, described as "domestic dependent nations" under national law, could be abrogated unilaterally by Congress and that the land they possessed or used could be taken without compensation by a decision of the Government; it recommended that measures be taken to ensure effective participation of indigenous communities in decisions affecting them.



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