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May 20th, 2008 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Laleh Ispahani, Racial Justice Program at 10:06am

U.N. Expert on Racism Arrives for Tour of U.S.

Yesterday, at the invitation of the United States government, the United Nations' foremost expert on race issues — the Special Rapporteur on Racism, Racial Discrimination, Xenophobia, and Related Intolerance — arrived in the U.S. The Special Rapporteur, Mr. Doudou Diène, has come here for three weeks to gather first-hand information on these issues, as they manifest themselves in the U.S. During his visit, Mr. Diène will meet with federal and local officials, lawmakers and judicial authorities, and civil society organizations in Washington, D.C., New York, Chicago, Omaha, Los Angeles, New Orleans, Miami, and San Juan, Puerto Rico. Mr Diène, a Senegalese lawyer, will report his findings to the U.N. Human Rights Council next year.

The U.S. envoy to the United Nations, Zalmay Khalilzad, welcomed the visit of the Rapporteur to probe racism but said the Human Rights Council should "spend its time on real problems and the problems of violations of human rights of countries that are notorious violators." Nothing is wrong with this approach as long as the government is seriously and constructively engaging with human rights mechanisms in order to also address domestic human rights violations and bring human rights home.

The United States government was a leader in the creation of the U.N. human rights system following the Second World War. When countries banded together to demand that the War's atrocities "never again" occur, they created a system that includes Special Rapporteurs — experts with specific mandates to investigate, monitor and recommend solutions — like Mr. Diène. More recently, however, the government has taken a back seat in this global rights system and community. For instance, though the U.S. is party to the principal U.N. treaty on the eradication of racial discrimination — the International Convention on the Elimination of all forms of Racial Discrimination — a recent ACLU report to the U.N. committee monitoring compliance with that accord demonstrated the government’s near-total failure to adhere to its terms.

Mr. Diène's visit offers the U.S. government an opportunity to rejoin this global community. With Mr. Diène — a neutral, internationally recognized expert on racism — here, the U.S. can again begin to engage in a transnational dialogue on race issues. Through meetings with both governmental and non-governmental actors throughout the U.S., Mr. Diene will be provided a comprehensive picture of the state of racial discrimination in the U.S. and be in a unique non-partisan position to offer praise and constructive criticism. The U.S. should welcome these findings as an opportunity to obtain both a sense of its standing in the world on race issues and how to better fulfill its obligations under U.N. international human rights treaties.

Mr. Diène's visit is also opportune for another reason. A national dialogue about race in America has been kick-started by African-American Senator Barack Obama's candidacy for the presidency. This dialogue — about crumbling schools that affect the future of all our children; the lack of health care for minorities; the use of race as a proxy for criminal activity; racial bias in the application of the death penalty; violations of the rights of migrant and undocumented workers and the deaths of immigrants detained by federal authorities; and minority over-representation in the criminal justice system — is long overdue.

We will not all agree on all these issues, but we'll make headway only if we talk. So let the conversation begin.

CORRECTION: An earlier version of this post included a paragraph with the list of issues Mr. Diène will address while in the U.S. That paragraph has been removed. In addition, the second paragraph has been amended to include a quote by Zalmay Khalilzad.

Feb 20th, 2008 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Laleh Ispahani, Racial Justice Program at 12:39pm

Addressing Voting Rights in an Election Year

This morning, U.S. NGOs had their second meeting with the CERD Committee. Expecting we'd be asked to discuss those issues the Committee has already directed the United States to answer at its hearing on U.S. compliance tomorrow, we were a little surprised - but not unprepared! - when Danish representative Morton Kjaerum opened by asking about voting rights.

Noting that the U.S. faces an important election this year, Kjaerum wryly added that even many non-Americans would like to participate in this election. (He'd accept less than a full vote, settling for one-tenth of one, he said, smiling.) What interested him, he said, was which Americans would not be voting in the election, and why. Patrick Thornberry of the United Kingdom also asked what constitutes a felony in the U.S., and whether those who require language assistance when voting are provided it.

We explained that the U.S. is an anomaly among western democracies with state laws disfranchising over 5.3 million disproportionately minority Americans because they have criminal records, although most of them are no longer in prison and millions have long- finished sentences.(We advised Mr. Thornberry that the U.S. legal system generally considers crimes punishable by one year or more to be felonies.) We noted that the 600,000 residents of the District of Columbia, 60 percent African-American, have had no say in the making of federal law that has governed them for the last 200 years. We underscored the impact on the indigenous, adding that in the 2004 national elections, 24 Native Alaskan villages did not even have polling places, and Alaska continues to administer "English-only" elections, despite federal legislation requiring it to offer minority language assistance. Additionally, voters displaced by Hurricane Katrina -- mostly African-American -- were unable to vote by absentee ballot in post-Katrina state elections. And,deceptive voting practices, we noted, continue to be used to suppress minority votes: by misleading and deceiving voters, telling them the date of the election has shifted or thattheir polling place has changed.

The current administration has made matters worse through chronic neglect and under-enforcement of federal voting laws. Since 2000, enforcement of the central anti-discrimination provision of the Voting Rights Act is at a virtual standstill, with only a handful of prosecutions for claims of discrimination against African-American voters. And enforcement of the National Voter Registration Act has been biased in favor of reducing the number of voters rather than enfranchising new voters.

Given that voting was not an issue the Committee had asked the U.S. to address, we now eagerly wait to see if the Committee will nevertheless raise its timely and grave concerns with the delegation representing the U.S. government, and if so, what it will say.

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