A Shadow Report by the American Civil Liberties Union prepared for the United Nations Human Rights Committee on the occasion of its review of The United States of America's Second and Third Periodic Report to the Committee on Human Rights
June 2006
TABLE OF CONTENTS
EXECUTIVE SUMMARY8RECOMMENDATIONS TO THE UNITED STATES14THE FAILURE OF THE UNITED STATES TO COMPLY WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS18A. Equal Application Of Rights/Effective Remedies For Violations (Article 2)181. Legislative Stripping Of Federal Courts' Habeas Powers182. Constitutional Jurisprudence "Rolling Back" Civil Rights Remedies For Minorities213. Courts are Undermining Equal Protection Of Undocumented Migrant Workers224. Rollback Of Civil Rights Remedies For Women25B. Equal Rights For Men and Women (Article 3)271. Criminal Justice Discrimination282. Discrimination Against Victims Of Domestic Violence313. Employment Discrimination Against Low Wage Migrant Women Workers34C. Torture and Cruel, Inhuman, or Degrading Treatment or Punishment (Article 7)361. Torture and Abuse In the "Global War On Terrorism" 362. Unlawful Renditions413. Torture and Abuse In the United States444. Crime Of Torture under U.S. Law455. US Constitutional Protections Against Cruel, Inhuman, or Degrading Treatment or Punishment46D. Prohibition Of Slavery & Forced Labor (Article 8)471. Abuse Of Migrant Domestic Workers472. Abuse Of Domestic Workers By Diplomats48E. Right To Liberty and Security Of Person, Rights Of the Accused To Humane Treatment, and Expulsion Of Aliens Without Due Process (Articles 9, 10 & 13)491. Expansion Of Immigration Detention502. Expedited Removal563. Post 9/11 Policies574. Government Failure To Reform Immigration Policy60F. Rights Of the Criminally Accused (Article 14)611. Right To Counsel612. Excessive Government Secrecy67G. Right To Privacy (Article 17)751. Unlawful and Unauthorized Domestic Wiretapping Programs762. Government Data Collection773. FBI Surveillance Of Political & Religious Groups774. Reauthorization Of the Patriot Act795. REAL ID Act816. Airline Profiling - Related Privacy Violations82H. Freedom Of Thought, Conscience & Religion (Article 18)821. Discrimination In Favor Of Religion832. Traditional Practices Generally Allowed843. Use Of Private or Public Land For Religious Practice844. Religion & Schools855. Discrimination Against Muslims866. Most Acts Of Violence Target Muslims and Jews86I. Freedom Of Expression & Right Of Peaceful Assembly (Articles 19 & 21)871. Censorship At the Borders872. Criminalization Of Dissent873. Restrictive Interpretation Of Freedom Of Information Act Requests88J. Freedom Of Association (Article 22, & Articles 17, 18 and 19)901. Government Practices Chill Association Of Arabs, Muslims and South Asians90K. Rights Of the Child (Article 24 (& Articles 2 & 26: Non - Discrimination In the Enjoyment Of Rights))911. Juvenile Detention912. Education93L. Right To Vote & Political Participation (Article 25)951. Felony Disfranchisement962. Renewal Of the National Voting Rights Act973. Restrictions On Voter Access984. The Election Of State Court Judges99M. Equality Before the Law (Article 26)991. Hurricane Katrina1002. Racial Profiling102N. Protection Of Minority Rights (Article 27)1101. Attacks On Remedial Affirmative Action Programs110O. Reservations, Declarations and Understandings Of the United States To the ICCPR1111. U.S. Reservations Concerning the Death Penalty, Cruel, Inhuman or Degrading Treatment, and Treatment Of Juveniles As Adults Violate International Law1122. U.S. Declaration Concerning Non - Self Execution Undermines Enforcement Of its Treaty Obligations1133. U.S. Understanding Concerning its Federal Structure Does Not Relieve U.S. Of Obligation To Take Appropriate Measures To Meet Covenant Obligations1134. U.S. Government's Continued Refusal To Give the Covenant Extraterritorial Effect Contravenes HRC and ICJ Mandates1145. HRC's "Effective Control" Mandate114