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PART
I -- GENERAL
In accordance with
the Committee's guidelines, the following sections provide general
information about the land and people, the political and legal structure,
and the status of civil and human rights in the United States. Additional
background information on these subjects can be found in the Initial
Report of the United States to the Human Rights Committee under
the International Covenant on Civil and Political Rights (HRI/CORE/I/Add.
49 and CCPR/C/81/Add.4) submitted in July 1994.
A.
Land and People
The United States of
America is a federal republic of 50 states, together with a number
of commonwealths, territories and possessions. The District of Columbia
-- a federal enclave -- is the seat of the national government.
The 50 states include 48 contiguous states, which span the North
American continent, and the states of Alaska and Hawaii. As reported
in the 1990 census, the United States had a land area of 9.2 million
square kilometers, a population of 249 million, and an average population
density of 27 per square kilometer.
There are several outlying
areas under U.S. jurisdiction. These include Puerto Rico, the Virgin
Islands of the United States, American Samoa, Guam, the Northern
Mariana Islands, and several very small islands. In 1990, the outlying
areas of the United States had a land area of 11,000 square kilometers
and a population of 3.9 million. The U.S. population living abroad
was not enumerated as part of the 1990 census; however, administrative
data from U.S. government agencies indicate that a total of 923,000
federal employees and their dependents lived abroad in 1990.
The population of the
United States increased from 249 million on April 1, 1990, to an
estimated 273 million on July 1, 1999, yielding an average annual
increase of about 1.0 percent. The population doubled from 76 million
in 1900 to 152 million in 1950 and, based on a projection of 275
million for 2000, will increase slightly more than 80 percent from
1950 to 2000.
The United States is
an increasingly diverse society. Virtually every national, racial,
ethnic, cultural, linguistic, and religious group in the world is
represented among its population. Federal statistics compiled by
the U.S. Census Bureau recognize four racial categories: White (a
person having origins in any of the original peoples of Europe,
the Middle East, or North Africa); Black (a person having origins
in any of the Black racial groups of Africa); American Indian, Eskimo
or Aleut (a person having origins in any of the original peoples
of North and South America -- including Central America); Asian
or Pacific Islander (a person having origins in any of the original
peoples of the Far East, Southeast Asia, or the Indian subcontinent
or in any of the original peoples of Hawaii, Guam, Samoa, or other
Pacific Islands); and two ethnic categories: Hispanic origin (a
person of Cuban, Mexican, Puerto Rican, South or Central American,
or other Spanish culture or origin, regardless of race) and not
of Hispanic origin [note
2]. Members of each of the racial categories may belong to either
of the ethnic categories.
The United States recognizes
that these racial and ethnic classifications are by no means perfect.
Indeed, the people of the U.S. struggle with issues of racial and
ethnic identity, continually re-evaluating both the question, "What
is race?" and its numerous, complex responses. Racial and ethnic
groups are comprised of individuals of substantial diversity, making
simple classifications difficult. Placing such individuals in racial
and ethnic categories can even lead to further discrimination through
perpetuating stereotypes. Nevertheless, classifications -- imperfect
as they may be -- are necessary for reasons of governance and administration,
and the U.S. Census Bureau regularly reviews its methodology to
ensure accuracy and inclusiveness.
The population of the
United States is primarily White non-Hispanic; however, due partly
to large-scale immigration in the past three decades, primarily
from Latin America and Asia, the White non-Hispanic proportion has
dropped. Between 1990 and 1999 while the White non-Hispanic population
increased from 188.3 million to 196.1 million, its percentage of
the total population dropped from 75.7 percent to 71.9 percent.
While the White non-Hispanic
population grew by 4 percent from 1990 to 1999, each of the "minority"
groups increased much more rapidly. During that period, the Asian
and Pacific Islander population increased by 46 percent (from 7.5
million to 10.9 million); the Hispanic population increased by 40
percent (from 22.4 million to 31.4 million); the American Indian,
Eskimo, and Aleut population increased by 16 percent (from 2.1 million
to 2.4 million); and the Black population increased by 14 percent
(from 30.5 million to 34.9 million) [note
3].
Based on population
projections issued in January 2000 by the U.S. Census Bureau, the
White non-Hispanic proportion of the U.S. population will have declined
to 53 percent of a projected total population of 404 million by
the year 2050. These projections indicate a Hispanic population
in 2050 of 24 percent; a Black population of 15 percent; an Asian
and Pacific Islander population of 9.3 percent; and an American
Indian, Eskimo, and Aleut population of 1.1 percent [note
4].
The results of the
1990 census showed that the distribution of the U.S. population
by urban residence and region of the country varied considerably
by race and ethnicity. Blacks and Hispanics are much more likely
to live in large urban areas than are non-Hispanic Whites. In 1990,
75 percent of the U.S. population lived in urban areas, defined
generally as all places (incorporated or unincorporated) of 2,500
or more population. The corresponding proportions were as follows:
71 percent of the total White, non-Hispanic population lived in
urban areas; 87 percent of the Black population; 56 percent of the
American Indian, Eskimo, and Aleut population; 95 percent of the
Asian and Pacific Islander population; and 91 percent of the Hispanic
population. The proportions of the population residing in urbanized
areas of 1 million or more population were as follows: 38 percent
of the total population lived in such areas; 32 percent of the country's
White non-Hispanics lived in such areas; 51 percent of Blacks; 20
percent of American Indians, Eskimos, and Aleuts; 66 percent of
Asians and Pacific Islanders; and 61 percent of Hispanics.
Of the total population
in 1990, 20 percent lived in the Northeast, 24 percent in the Midwest,
34 percent in the South, and 21 percent in the West. However, over
one-half of the Black population (53 percent) lived in the South,
despite massive migration to other regions of the country during
the 20th century. Other minority groups were concentrated in the
West, including 48 percent of American Indians, Eskimos, and Aleuts;
56 percent of Asians and Pacific Islanders; and 45 percent of Hispanics.
Historically, immigration
has had a profound effect on the culture of the United States, and
immigration continues to be a driving force in the diversification
of the population today. Between 1990 and 1997, the foreign-born
population increased from 19.8 million to an estimated 25.8 million,
or from 7.9 percent to 9.7 percent of the population. This continues
an upward trend since 1970 when the foreign-born population reached
a 20th century low of 9.6 million, or 4.7 percent of the population.
In the first half of the 20th century, the proportion of the foreign-born
population peaked at 14.7 percent in 1910, and the number of foreign-born
peaked at 14.2 million in 1930.
From 1990 to 1997,
the foreign-born population increased sharply from Latin America
(8.4 million to 13.1 million) and from Asia (5.0 million to 6.8
million). During this same period, the foreign-born population from
Europe did not change significantly (4.4 million to 4.3 million).
The proportion of the foreign-born population from Europe, historically
the primary source of immigration to the United States, dropped
from 62 percent in 1970 to 23 percent in 1990 and to 17 percent
in 1997.
In 1997, 7.0 million,
or 28 percent, of the foreign-born population in the United States
was from Mexico, up from 4.3 million, or 23 percent, of the foreign-born
population in 1990. The estimated foreign-born population from Mexico
in 1997 was about equal to the estimated foreign-born population
from the other nine leading countries combined: the Philippines
(1,132,000), China (1,107,000), Cuba (913,000), Vietnam (770,000),
India (748,000), the Soviet Union prior to its division into 12
independent republics (734,000), the Dominican Republic (632,000),
El Salvador ( 607,000), and the United Kingdom (606,000).
These estimates suggest
that of the 10 leading countries of birth of the United States foreign-born
population in 1997, four are in Latin America, four are in Asia,
and two are in Europe. In 1970, the ten leading countries included
seven in Europe (Italy, Germany, United Kingdom, Poland, the Soviet
Union, Ireland, and Austria), Canada, Mexico, and Cuba.
Because of large-scale
immigration to the United States in recent decades, many U.S. residents
speak a language other than English at home and are not fluent in
English. The 1990 census revealed that among the 230 million individuals
five years of age and over, 31.8 million spoke a language other
than English at home. Among these, 17.9 million spoke English "very
well," 7.3 spoke English "well," 4.8 million spoke
English "not well," and 1.8 million spoke English "not
at all."
Of the 92 million households
enumerated in the 1990 census, 2.9 million were "linguistically
isolated." These were defined as households in which no person
14 years and over spoke only English at home or spoke a language
other than English at home and also spoke English "very well."
Of the 31.8 million
individuals who spoke a language other than English at home in 1990,
17.3 million spoke Spanish, 8.8 million spoke other Indo-European
languages, 4.5 million spoke Asian and Pacific Island languages,
and 1.2 million spoke other languages. In addition to Spanish, which
accounted for 54 percent of non-English languages, the leading languages
spoken at home by numbers of speakers were French (1,930,000), German
(1,548,000), Chinese (1,319,000), Italian (1,309,000), Tagalog (843,000),
Polish (723,000), Korean (626,000), and Vietnamese (507,000).
B. General
Political Structure
At the national level,
the U.S. Constitution establishes a democratic system of governance
and guarantees a republican system at the state and local level.
It establishes the will of the people as the basis of governmental
legitimacy.
The Federal government
consists of three branches: the executive, the legislative and the
judicial. The executive branch is headed by the President, who is
elected for a term of four years. The President has broad powers
to manage national affairs and the workings of the Federal government,
including the various executive departments and agencies. The President
is charged with "taking care" that the laws are faithfully
executed.
The U.S. Constitution
vests legislative powers in the Congress, which consists of the
U.S. Senate and the U.S. House of Representatives. The U.S. Senate
is made up of 100 Senators; two elected from each state to six-year
terms. Senate terms are staggered so that one third of the Senators
are elected every two years. The U.S. House of Representatives is
made up of 435 members, each of whom is elected to a two-year term
from a single member congressional district. House seats are allotted
to each state on the basis of population. The third branch consists
of a system of independent federal courts headed by the Supreme
Court of the United States and including subordinate appellate and
trial courts throughout the country. Federal judges are appointed
by the President with the advice and consent of the Senate. That
means that Presidential appointments to the federal bench must be
approved by a majority vote of the Senate. The power of the federal
judiciary extends to civil actions for money damages and other forms
of redress, such as injunctive relief, as well as to criminal cases
arising under federal law. The Constitution safeguards judicial
independence by providing that federal judges shall hold office
during "good behavior" -- in practice, until they die,
retire or resign.
At the state level,
this tripartite governmental structure is replicated, with each
state having its own constitution and executive, legislative, and
judicial branches. The state governor acts as head of the executive;
all states have two legislative houses (except Nebraska's, which
has only one); and most state court systems mirror the federal,
with at least three levels. One important difference is that state
judges are often elected rather than appointed by the state's chief
executive. Most states are divided into counties, and areas of population
concentration are incorporated into municipalities or other forms
of local government (cities, towns, townships, boroughs, parishes
or villages). In addition, states are divided into school and special
service districts to provide education and various other public
services (e.g., water, sewer, fire and emergency, higher education,
hospital services, transportation). The result is that literally
hundreds of governmental entities and jurisdictions exist at the
state and local levels; for the most part, the leaders of these
entities are elected, although some are appointed by others who
are elected.
A significant number
of U.S. citizens live in areas outside the 50 states, yet within
the political and legal framework of the United States. These areas
include: the District of Columbia (seat of the national government
and a federal enclave); the insular areas of American Samoa, Guam,
the Commonwealths of Puerto Rico and the Northern Mariana Islands,
the U.S. Virgin Islands, and Johnston, Midway, Palmyra and Wake
Atolls. The specific governmental framework for each is largely
determined by the area's historical relationship with the United
States.
A special relationship
exists between the U.S. government and Native Americans. While the
diversity of the indigenous North American population makes generalizations
difficult (there are more than 550 federally recognized American
Indian and Alaskan Native tribes and groups, speaking more than
150 different languages), many enjoy considerable governmental autonomy
on reservations or other Indian lands and Alaska villages. The provision
of "federal recognition" reflects the principle of government-to-government
relations founded under U.S. law and practice. Other tribal groups
have over time been assimilated into local society.
Since 1924, Native
Americans have enjoyed the protections of the U.S. Constitution
when not on their own reservations. When on their own reservations,
Native Americans are subject to Tribal law, the Indian Major Crimes
Act and the Indian Civil Rights Act which sets forth the essential
protections of the Bill of Rights of the U.S. Constitution. The
protections afforded to Native Americans while on their own reservations
are consistent with U.S. Constitutional guarantees.
The U.S. government
has a similar relationship with Native Hawaiians. Since Hawaii's
admission into the Union, Congress has endeavored to protect and
improve the welfare of Native Hawaiians by establishing special
programs in the areas of health care, education, employment, and
loans; and enacting statutes to preserve Native Hawaiian culture,
language, and history. A recent case decided by the U.S. Supreme
Court, Rice v. Cayetano, 527 U.S. 1061, 120 S.Ct. 31 (1999),
has cast doubt on the Congress' authority to legislate in a manner
that grants Native Hawaiian preferences. The Court's decision in
Rice has thus prompted spirited debate over the relationship
between Native Hawaiians and the U.S. government, and indeed, the
U.S. Departments of Interior and Justice are in the process of preparing
a report on a reconciliation process between the Federal government
and Native Hawaiians initiated by Senator Daniel K. Akaka in 1999.
C. General
Legal Framework
The U.S. Constitution
is the central instrument of government and the supreme law of the
land. Adopted in 1789, it is the world's oldest national, written
constitution still in force. Together with its twenty-seven amendments
(the first ten are known as the "Bill of Rights"), the
Constitution guarantees the essential rights and freedoms of all
individuals within the jurisdiction of the United States. State
constitutions and laws may, and sometimes do, provide stronger protections
than federal law (for example, in the area of freedom of religion
and expression), but none may fall below the basic guarantees of
the federal Constitution.
Under Article VI of
the U.S. Constitution, duly ratified treaties become part of the
"supreme law of the land" with a legal status equivalent
to enacted federal statutes. As such, they prevail over previously
enacted federal law (to the extent of any conflict) and over any
inconsistent state or local law. Since existing U.S. law -- through
constitutional and statutory protections against, and remedies for,
racial discrimination -- complies with obligations assumed by the
United States under the Convention, it was deemed unnecessary, at
the time of ratification, to propose implementing legislation.
The essential guarantees
of human rights and fundamental freedoms within the United States
are set forth in the U.S. Constitution and statutes of the United
States, as well as the constitutions and statutes of the U.S. states
and other constituent units. In practice, the enforcement of these
guarantees ultimately depends on the existence of an independent
judiciary with the power to invalidate acts of the other branches
of government that conflict with those guarantees. Maintenance of
a republican form of government with vigorous democratic traditions,
popularly elected executives and legislatures, and the deeply-rooted
legal protections of freedoms of opinion, expression, religion and
the press, all contribute to the protection of human rights against
governmental limitation and encroachment.
There is no single
statute, institution or mechanism in the United States by which
internationally recognized human rights and fundamental freedoms
are guaranteed or enforced. Rather, domestic law provides extensive
protections through various Constitutional provisions and statutes
which typically create administrative and judicial remedies at both
the federal and state levels. Responsibility for identifying violations
and enforcing compliance is therefore shared among the various branches
at all levels of government. In practice, a major impetus for the
protection of statutory and Constitutional rights derives from individual
remedial actions, advocacy by non-governmental organizations, legislative
and federal agency monitoring and oversight, and the ameliorative
efforts of a free and energetic press.
Several parts of the
Federal government bear special responsibilities for matters directly
relevant to this Convention:
U.S. Department
of Justice. The Civil Rights Division of the Department of Justice
serves as the chief civil rights enforcement agency for the Federal
government, charged with the effective enforcement of federal civil
rights laws, in particular the Civil Rights Acts of 1964 and 1991,
and the Voting Rights Act of 1965. The Civil Rights Division also
exercises the authority given to the Attorney General under Executive
Order No. 12250 to ensure consistent and effective enforcement of
laws prohibiting, among other things, discrimination on the basis
of race, color, national origin, religion, or sex in programs and
activities receiving federal financial assistance, as well as on
the basis of disability in programs receiving federal financial
assistance and conducted by federal agencies. The Division also
enforces laws prohibiting patterns or practices of police misconduct
(42 U.S.C. sec. 14141), protecting the constitutional and federal
statutory rights of persons confined to certain institutions owned
or operated by state or local governments, such as prisons, jails,
nursing homes, and mental health facilities (the Civil Rights of
Institutionalized Persons Act (CRIPA)), and the Equal Credit Opportunity
Act and the Fair Housing Act (the Department of Justice shares responsibility
for administration of the latter statute with the Department of
Housing and Urban Development). Under these various statutes, the
Division may bring civil actions to enjoin acts or patterns of conduct
that violate constitutional rights. In its civil cases, the Justice
Department's responsibilities permit it to go to federal court to
seek broad remedial orders that may include compensatory damages,
civil penalties, injunctive relief and, in some cases, punitive
damages.
The Division also has
authority to prosecute criminally those who use force or threat
of force to violate a person's rights to non-discrimination (so
called "hate crimes") and state and local law enforcement
officers who engage in the use of excessive force (18 U.S.C sec.
242).
The Community Relations
Service (CRS), an independent agency within the Justice Department,
is the Federal government's "peacemaker" for community
conflicts and tensions arising from differences of race, color,
and national origin. Created by the Civil Rights Act of 1964, CRS
is the only federal agency whose purpose is to assist state and
local units of government, private and public organizations, and
community groups with preventing and resolving racial and ethnic
tensions, conflicts and civil disorders, and in restoring racial
stability and harmony.
Within the Department
of Justice, the Office of Special Counsel for Immigration Related
Unfair Employment Practices enforces prohibitions against citizenship
status discrimination in employment, national origin discrimination
by small employers, and document abuse associated with employer
sanctions.
U.S. Equal Employment
Opportunity Commission. The Equal Employment Opportunity Commission
(EEOC), an independent, bi-partisan agency within the executive
branch established by the Civil Rights Act of 1964, has enforcement
and compliance responsibilities concerning the elimination of discrimination
based on race, color, national origin, religion, gender, age and
disability by private and public employers in all aspects of the
employment relationship.
Since its inception,
the EEOC has obtained over $2.2 billion in monetary benefits for
parties bringing discrimination charges through administrative actions,
i.e., through conciliation and settlement. In 1999 alone, the EEOC
obtained over $210 million in these actions.
U.S. Commission
on Civil Rights. While not an enforcement agency, the U.S. Commission
on Civil Rights also plays an important role in safeguarding the
rights recognized by the Convention. The Commission has a broad
mandate to monitor and report on the status of civil rights protections
in the United States. As an independent, bipartisan agency, it collects
information on discrimination or denials of equal protection of
the laws because of race, color, and national origin, evaluates
federal laws, and makes recommendations to the President and the
Congress based on the effectiveness of governmental equal opportunity
and civil rights programs.
Other federal departments
and agencies also have important enforcement responsibilities. For
example:
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Within
the Department of Education, the Office for Civil Rights is
charged with administering and enforcing civil rights laws related
to education, including desegregation of the country's elementary
and secondary schools. This office gives particular attention
to discrimination against minorities in special education and
remedial courses, in math and science and advanced placement
courses, in the use of tests and assessments, and in higher
education admissions.
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The
Assistant Secretary for Fair Housing and Equal Opportunity within
the Department of Housing and Urban Development administers
the laws prohibiting discrimination in public and private housing
and ensures equal opportunity in all community development programs.
HUD's Office of Fair Housing and Equal Opportunity administers
two grant programs: the Fair Housing Assistance program (which
provides financial assistance to supplement enforcement activities
at the state and local levels) and the Fair Housing Initiatives
Program (a competitive grant program to provide funding to private
fair housing groups).
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The
Office of Civil Rights within the Department of Health and Human
Services administers civil rights laws prohibiting discrimination
in federally-assisted health and human services programs, with
particular emphasis on areas of managed care, quality of health
care, inter-ethnic adoption, services to limited English proficient
persons, and welfare reform.
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Within
the Department of Labor, the Office of Federal Contract Compliance
Programs administers laws prohibiting discrimination and requiring
affirmative action in employment by Federal contractors and
subcontractors on the bases of race, gender, national origin
and other grounds. The Department's Civil Rights Center enforces
laws prohibiting discrimination by recipients of federal financial
assistance from the Department of Labor on the bases of race,
religion, national origin, gender, disability and other grounds.
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Within
the Department of Agriculture, civil rights programs are aimed
at ensuring that all USDA customers are treated fairly and equitably.
In 1997, USDA appointed a Civil Rights Action Team to address
allegations of discrimination against minority farmers in the
United States. As a result of its investigations, the Team concluded
that minority farmers had indeed lost significant amounts of
land and potential farm income as a result of discriminatory
practices by the USDA. That same year, a major class action
lawsuit was filed against the United States and the USDA alleging
widespread discrimination against Black farmers in the United
States. As a result of the lawsuit, a consent decree has been
entered, establishing a claims mechanism through which individual
class members can resolve their complaints in an expeditious
and fair manner. To date, 11,120 Black farmers have received
over $323 million in compensation.
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The
Office for Equal Opportunity within the Department of the Interior
administers laws prohibiting discrimination based on race, color,
and national origin in federally assisted and federal employment
programs. These programs ensure that state and local park, recreation,
fishing, hunting, and historic preservation programs and activities
are provided to individuals in the United States on an equal
opportunity basis regardless of race, color, or national origin.
In addition, this office enforces compliance with civil rights
laws with respect to employment in state natural resource programs
and administers civil rights laws prohibiting unlawful discrimination
against employees of, and applicants for employment with, the
Department of Interior.
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Within
the Department of Defense, the Deputy Assistant Secretary for
Equal Opportunity is responsible for implementing and monitoring
the Department's civilian and military equal opportunity/affirmative
action plan goals and objectives. |
In addition to the agencies
listed, virtually all federal agencies that provide federal financial
assistance have civil rights offices whose responsibility it is to
ensure that recipients of that assistance do not engage in unlawful
discrimination. This includes the major providers of federal assistance
such as the Departments of Agriculture, Commerce, Education, Health
and Human Services, Housing and Urban Development, Justice, Labor,
Transportation, and Veterans' Affairs. All twenty-eight federal providers
of federal assistance are responsible for ensuring that their recipients
do not discriminate, and the Civil Rights Division of the Justice
Department is responsible for ensuring that all Federal funding agencies
effectively and consistently enforce their non-discrimination responsibilities.
Furthermore, a number
of federal agencies, including the Environmental Protection Agency,
the Federal Emergency Management Agency, the Federal Communications
Commission and the Departments of Agriculture, Energy, Commerce,
Defense, Health and Human Services, Housing and Urban Development,
Justice and Labor have established offices or points of contact
to specifically address issues affecting Native Americans, their
lands and resources. Also, many of these agencies have developed
agency-wide policies, based on the concepts of self-governance,
the federal trust responsibility, consultation and the government-to-government
relationship to guide their work with Indian tribes.
In the U.S. Congress,
special emphasis has long been given to matters involving discrimination
on the basis of race, color, national origin, and ethnicity. In
addition to the oversight functions of various standing committees
in both Houses (such as Judiciary, Indian Affairs, and Commerce,
Justice, State, the Judiciary and Related Agencies), attention is
focused through other mechanisms such as the Asian Pacific, Black,
Hispanic, Native American and Human Rights Caucuses.
D. Information
and Publicity
In the United States,
information about human rights is readily available. As a general
matter, people are well-informed about their civil and political
rights, including the rights of equal protection, due process, and
non-discrimination. The scope, meaning and enforcement of individual
rights are openly and vigorously discussed in the media, freely
debated within the various political parties and representative
institutions, and litigated before the courts at all levels.
Information about human
rights treaties is freely and readily available to any interested
person in the United States. The constitutional requirement that
the U.S. Senate give its advice and consent to ratification of a
treaty ensures that there is a public record of its consideration,
typically on the basis of a formal transmittal by the President,
a record of the Senate Foreign Relations Committee's hearing and
report to the full Senate, and the action of the Senate itself.
Moreover, the text of any treaty, whether or not the United States
is a party, can be readily obtained from any number of sources,
including the Library of Congress, public libraries, educational
institutions and non-governmental organizations.
Increasingly, over
the last few years information about human rights, civil rights
and related subjects has become available on the Internet. For example,
the Department of Justice web site http://www.usdoj.gov
includes information about the Civil Rights Division, links to all
sections of the Division that include information about settlements,
high profile cases, the laws enforced by each section, contact information
for each section, information on special topics, selected judicial
decisions, and legal briefs filed by the Division. The U.S. Commission
on Civil Rights web site http://www.usccr.gov
includes a description of the Commission's duties, function and
composition as well as information on how to file complaints and
contact the Commission. The U.S. Equal Employment Opportunity Commission
web site http://www.eeoc.gov includes
guidance directed to employers and employees, information about
the EEOC, enforcement statistics, and selected civil rights laws,
regulations and guidance. Individuals can also find helpful information
at the fair housing section of the U.S. Department of Housing and
Urban Development web site http://www.hud.gov/fairhsg1.html
where individuals can file housing discrimination complaints on-line.
The Department of Interior Diversity web site http://www.doi.gov/diversity
includes information on all Department of Interior civil rights
policies and programs, special employment programs, complaint processing
procedures for employees and applicants and for individuals filing
complaints against federally-assisted state agency programs. The
Department of Interior's Office of Insular Affairs operates a web
site http://www.doi.gov/oia
that includes fact sheets detailing the Federal government's responsibilities
to and protection of the indigenous peoples of the U.S. insular
areas of the United States. A comprehensive listing of Federal government
web sites providing information about the civil rights enforcement
efforts of agencies providing federal financial assistance can be
found at the Internet site of the Justice Department Civil Rights
Division's Coordination and Review Section, http://www.usdoj.gov/crt/cor/index.htm.
Numerous other web sites, operated by U.S. government agencies as
well as by NGOs, include helpful information on civil rights, racial
discrimination and legal remedies in the United States.
In the case of the
Convention on the Elimination of All Forms of Racial Discrimination,
the record of its consideration is set forth in several official
documents, including, inter alia, the Initial Message from
the President transmitting the Convention to the Senate on February
23, 1978 (Sen. Exec. Doc. 95-C); the printed record of the public
hearings before the Senate Foreign Relations Committee on May 11,
1994 (S. Hrg. 103-659); the Report and Recommendation of the Senate
Foreign Relations Committee, dated June 2, 1994 (Sen. Exec. Rep.
103-29), and the record of consideration on the floor of the Senate
(Cong. Rec. S6601, daily ed. June 8, 1994).
At the May 1994 hearing
before the Senate Foreign Relations Committee, representatives of
various non-governmental organizations involved in human rights,
as well as concerned academics and legal practitioners, testified
in person or submitted written comments for consideration by the
committee and for inclusion in its formal records. The Administration
was represented by the Assistant Attorney General for Civil Rights,
the Assistant Secretary of State for Democracy, Human Rights and
Labor, and the Legal Adviser of the Department of State. As part
of the United States' program to increase public awareness of human
rights obligations, this Report will be published and made available
to the public through the Government Printing Office and the depositary
library system, as was done with the U.S. rs on compliance with
the International Covenant on Civil and Political Rights and the
Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment. Copies of the Report and the
Convention will also be widely distributed within the executive
branch of the U.S. government and to federal judicial authorities,
as well as to relevant state officials, state and local bar associations,
and non-governmental human rights organizations. The Report and
Convention will also be available on the Department of State web
site at http://www.state.gov.
E. Factors
Affecting Implementation
Although there has
been significant progress in the improvement of race relations in
the United States over the past half-century, serious obstacles
remain to be overcome. Overt discrimination is far less pervasive
than it was thirty years ago, yet more subtle forms of discrimination
against minority individuals and groups persists in American society.
In its contemporary dimensions discrimination takes a variety of
forms, some more subtle and elusive than others. Among the principal
causative factors are:
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The
persistence of attitudes, policies and practices reflecting
a legacy of segregation, ignorance, stereotyping, discrimination
and disparities in opportunity and achievement.
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Inadequate
enforcement of existing anti-discrimination laws due to under-funding
of federal and state civil rights agencies. Resource limitations
cause delays in investigation, compliance review, technical
assistance and enforcement.
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Ineffective
use and dissemination of data on racial and ethnic issues and
information on civil rights protection. Too many persons do
not believe that racial discrimination is a common or active
form of mistreatment and are therefore less supportive of race
conscious remedial actions. Moreover, many minority groups do
not have adequate information about government-funded programs
and activities because information is not distributed in languages
they can understand in often remote areas throughout the United
States. This is particularly true for some American Indian and
Alaska Native populations.
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Economic
disadvantage. In the contemporary United States, persons belonging
to minority groups are disproportionately at the bottom of the
income distribution curve. While it is inaccurate to equate
minority status with poverty, members of minority groups are
nonetheless more likely to be poor than are non-minorities.
It is also true, in the United States as elsewhere, that almost
every form of disease and disability is more prevalent among
the poor, that the poor face higher levels of unemployment,
that they achieve lower educational levels, that they are more
frequently victimized by crime, and that they tend to live in
environments (both urban and rural) which exacerbate these problems.
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Persistent
discrimination in employment and labor relations, especially
in the areas of hiring, salary and compensation, but also in
tenure, training, promotion, layoff and in the work environment
generally. Over the past few years, for example, complaints
have been leveled against several major employers including
Texaco, Shoney's, General Motors, Pitney Bowes and Avis.
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Continued
segregation and discrimination in housing, rental and sales
of homes, public accommodation and consumer goods. Even where
civil rights laws prohibit segregation and discrimination in
these areas, such practices continue.
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Lack
of equal access to business capital and credit markets. Minorities
continue to have difficulty raising capital or securing loans
to finance a business. Without sufficient access to such financial
markets, minority entrepreneurs will continue to start and grow
businesses at a much slower rate than their White counterparts.
This problem further lessens the prospects of wealth creation
in under-served communities, thus perpetuating the cycle of
poverty that disproportionately affects minorities.
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Lack
of access to technology and high technology skills. Despite
the rapid development of the Internet and other information
technologies, minorities have participated at lower rates in
the so-called "new economy" because they lack the
skills necessary to fill the numerous technology jobs created
everyday. Technology-based jobs are projected to be a large
percentage of new jobs that will be created over the next ten
years. If minorities are not trained with information technology
skills, a large number of workers will be unable to benefit
from the tremendous wealth generated by this segment of the
economy.
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Lack
of educational opportunities. Largely because of the persistence
of residential segregation and so-called "White flight"
from the public school systems in many larger urban areas, minorities
often attend comparatively under-funded (and thus lower-quality)
primary and secondary schools. Thus minority children are often
less prepared to compete for slots in competitive universities
and jobs. While efforts to dismantle segregation in our nation's
schools have enjoyed some success, segregation remains a problem
both in and among our schools, especially given roll-backs in
affirmative action programs.
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Discrimination
in the criminal justice system. The negative overall impact
of the criminal justice system on Blacks, Hispanics and members
of other minority groups is another barrier to our achieving
the goals of the Convention. Various studies indicate that members
of minority groups, especially Blacks and Hispanics, may be
disproportionately subject to adverse treatment throughout the
criminal justice process. High incarceration rates for minorities
have led to the political disenfranchisement of a significant
segment of the U.S. population. Moreover, many have raised concerns
that incidents of police brutality seem to target disproportionately
individuals belonging to racial or ethnic minorities.
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Disadvantages
for women and children of racial minorities. Often, the consequences
of racism and racial discrimination are heightened for women
and children. Whether in the criminal justice system, education,
employment or health care, women and children suffer discrimination
disproportionately. Startlingly high incarceration rates for
minority women and children have placed them at a substantial
social, economic and political disadvantage.
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Health
care. Persons belonging to minority groups tend to have less
adequate access to health insurance and health care. Historically,
ethnic and racial minorities were excluded from obtaining private
insurance, and although such discriminatory practices are now
prohibited by law, statistics continue to reflect that persons
belonging to minority groups, particularly the poor, are less
likely to have adequate health insurance than White persons.
Racial and ethnic minorities also appear to have suffered disproportionately
the effects of major epidemics like AIDS. For example, in 1999,
54 percent of new cases of HIV infection occurred among Blacks,
even though they make up less than 15 percent of the population.
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Voting.
While the Voting Rights Act has made it possible for Blacks
and Hispanics to obtain an equal opportunity to elect their
candidates of choice to local, state, and federal office, the
federal courts -- since the early 1990s -- have become more
restrictive in permitting race-conscious apportionment of voting
districts. Thus, many of the gains made by minority voters in
the 1970s and 1980s have been jeopardized.
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Discrimination
against immigrants. Whether legal or illegal, recent immigrants
often encounter discrimination in employment, education and
housing as a result of persistent racism and xenophobia. Some
also contend that U.S. immigration law and policy is either
implicitly or explicitly based on improper racial, ethnic and
national criteria. Language barriers have also created difficulties
of access, inter alia, to health care, education and
voting rights for some. |
Specific examples of these
shortcomings include the following incidents:
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On
June 8, 1998, James Byrd, Jr., a Black man, was chained to the
back of a pickup truck and dragged to his death in Jasper, Texas.
Two of the three young White men who killed James Byrd were
connected with White supremacist groups. The three men accused
of committing this crime were successfully prosecuted under
Texas law by the state of Texas, with the assistance of the
U.S. Department of Justice. Two received the death penalty;
the third was sentenced to life imprisonment.
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One
of the most high-profile cases in recent years was the videotaped
beating of Rodney King by officers of the Los Angeles Police
Department. After the police officers were acquitted on state
charges, riots broke out in Los Angeles and in other cities
throughout the country. Subsequent to these acquittals, however,
two of the four officers involved were convicted on federal
charges and sentenced to thirty months in prison.
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In
1999, Black guests of the Adams Mark Hotel during the Black
College Reunion in Daytona Beach, Florida were allegedly mistreated,
including being required to wear wrist bands identifying them
as guests of the hotel, while White guests did not receive such
treatment. The Department of Justice filed suit against the
hotel, and pursuant to a proposed settlement, the hotel chain
will agree, inter alia, to adopt a comprehensive plan
to ensure every hotel will be operated in a non-discriminatory
fashion.
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The
Civil Rights Division of the U.S. Department of Justice has
initiated several investigations into allegations of discriminatory
highway traffic stops and discriminatory stops of persons travelling
in urban areas (so-called "racial profiling") by state
and local law enforcement authorities. Its investigation of
the New Jersey state police led to a lawsuit and consent decree
emphasizing non-discrimination in policy and practices as well
as improved data collection, training, supervision and monitoring
of officers. A similar agreement was reached with the Montgomery
County, Maryland Police Department.
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In
Jackson, Mississippi more than 200 Blacks were allegedly denied
home improvement loans even though they received passing scores
on credit scoring systems. Black applicants were more than three
times more likely to have their loan applications denied than
similarly situated White applicants. The United States filed
a lawsuit, which was settled in the amount of $3 million, to
be paid to Black applicants who had been denied loans.
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Throughout
the United States, primary and secondary schools, colleges and
universities, and professional sports teams use depictions of
Native Americans as mascots. Native American groups have challenged
these uses on the basis that they are demeaning and offensive. |
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