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Ushr Final for Print.Indd ͳͻǡʹͲͳͲ ʹͲͳͲ ȋȌ ǡʹͲͳͲ 1 Cover Photos (clockwise from top left): (1) Alternative media and immigration rights groups march at the US Social Forum in Detroit, MI, June 2010. (2) The UN Advisory Group on Forced Evictions questions the developer of recently-demolished New Orleans Public Housing, July 2009 (3) Ejim Dike of the Urban Justice Center speaks at the February 2010 US Government - Civil Society UPR Consultation in New York City, and (4) Demonstration for Books Not Bars in California. Cover Design by Jessica Bernhart. 2 Why a Human Rights Network? The US Human Rights Network (USHRN) was formed in 2003 on a new model for US- based human rights advocacy. This new model would be “people-centered” - informed by and responding to the needs, aspirations and perspective of the communities and groups directly impacted by domestic human rights violations. It would seek to raise awareness of the human rights framework within the broader social justice movement, to create linkages between traditional human rights and social justice organizations, and to facilitate sharing of information and resources among a broader network of activists. In the years since the USHRN’s inception, constitutional protections for U.S. citizens and non-citizens have diminished, economic conditions for working and poor people in the U.S. have deteriorated, and repression has increased. These developments present both an opportunity to advance the human rights framework in the U.S., and a historical necessity to do so. Underlying all human rights work in the United States is a commitment to challenge both the belief that the United States is inherently superior to other countries, and the belief that neither the US government nor the US rights movements have anything to gain from the domestic application of human rights. US Human Rights Network members believe that the US government should no longer be allowed to shield itself from accountability to human rights norms and that rights movements stand to benefit, perhaps now more than ever, from an end to US impunity in this regard. To learn more or to join the Network, visit http://ushrnetwork.org/. 4 Table of Contents Acknowledgements 7 Introduction 9 USHRN Overarching Report 11 Treaty Ratification and Implementation Report on Treaty Ratification and Implementation 27 Equality and Non-Discrimination From Civil Rights to Human Rights: Implementing US Obligations Under the 41 International Convention on the Elimination of All Forms of Racial Discrimination Racial Discrimination and Civil Rights 53 Racial Health Disparities and Discrimination 71 Lesbian, Gay, Bisexual, and Transgender (LGBT) Rights* 83 Life Liberty and Security of Persons Death Penalty 95 Human Rights of Persons with Disabilities 107 Administration of Justice Criminal and Juvenile Justice 119 The Persistence in the United States of Discriminatory Profiling Based on Race, 135 Ethnicity, Religion and National Origin Political Repression - Political Prisoners 147 Political Repression: Continuum of Domestic Repression 161 Human Rights Abuses Committed by the New York Police Department 171 Environmental Justice 179 Right to Decent Work Right to Decent Work 193 Labor Rights 207 * These reports were not part of the original USHRN joint submission to the United Nations in April 2010 5 Right to Social Security and Adequate Standards of Living Toward Economic and Social Rights in the United States: From Market 221 Competition to Public Goods Towards a Human Rights-Centered Macro-Economic and Financial Policy in 237 the U.S. On the Right to Education 249 263 Right to Adequate Housing The Human Rights Crisis in the Aftermath of Hurricane Katrina 279 Stakeholder Submission on United States Obligations to Respect, Protect, and 291 Remedy Human Rights in the Context of Business Activities Report on the United States’ Compliance with its Human Rights Obligations in 307 the Area of Women’s Reproductive and Sexual Health Indigenous Peoples’ Rights* 323 Migrants Migrants, Refugees and Asylum Seekers 331 Migrant Labor Rights 353 The NegativeThe Negative Impact Impact of U.S. of Foreign U.S. Foreign Policy Policy on Human on Human Rights Rights in Colombia, in Colombia, 367 Haiti, andHaiti, Puerto and Puerto Rico Rico APPENDICES A. UPR Planning Committee of the USHRN 381 B. Coordinators of the USHRN Joint UPR Reports 383 C. Concluding Observations of the UN Human Rights Committee with Respect to the 387 United States’ compliance with the International Covenant on Civil and Political Rights (2006) D. Conclusions and Recommendations of the Committee Against Torture with Respect to 399 the United States’ compliance with the UN Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (2006) E. Concluding Observations of the Committee on the Elimination of Racial 409 Discrimination with respect to the United States’ compliance with the International Convention on the Elimination of All Forms of Racial Discrimination (2008) ȗ ʹͲͳͲ 6 Acknowledgments The raison d’etre of the US Human Rights Network is to defend a single standard of human rights for all nations and peoples. In the United States, pursuing this objective inevitably means confronting the vestiges of “US exceptionalism” – that pernicious and historically distorted idea that authorities in the U.S. are somehow not bound by the same principles as other nations. This dual standard has been especially apparent during the last decade, as the U.S. has grappled with national security issues, wars and social upheaval that resulted in policies, both domestically and internationally, that raised fundamental questions about the nation’s core values and severely damaged U.S. claims to global moral leadership. Over the last 18 months, however, some evidence has emerged that the administration is attempting to reverse course and participate as an equal partner in global processes meant to provide protection for vulnerable citizens everywhere and further international human rights goals. By joining the Human Rights Council and subjecting U.S. human rights policies and behavior to international scrutiny as part of the United Nations Universal Period Review, the current administration has demonstrated a willingness to respect the opinions of its international peers and thus strengthen the mechanisms of international accountability. But while we welcome this new attitude, we also recognize that real accountability requires that all voices, perspectives and experiences – including those of the most marginalized and powerless – must be heard and incorporated into the debate. To that end, the member organizations of the USHRN have worked diligently over the last year to ensure that there is a place and voice for U.S. civil society in the UPR process. The 24 reports included in this document represent the culmination of those efforts. It is no small feat to pull together and coordinate dozens of organizations and maintain a common focus over an extended period. But the establishment of the USHRN has resulted in a gradual but substantive shift in how human rights and social justice work is being done in the U.S. A new spirit of collaboration and cooperation, embodied in this report as well as in previous domestic and international advocacy initiatives, has been bearing significant fruit over the past several years. The UPR project would not have been possible without the hard work and commitment of our steering committee, made of up representatives from the International Indian Treaty Council, Amnesty International USA, Four Freedoms Forum of the University of Hawaii, the Urban Justice Center, University of San Francisco, Human Rights USA, U.S. Network of Users and Survivors of Psychiatry, Columbia Law School's Human Rights Institute, Transnational Legal Clinic of the University of Pennsylvania School of Law, National Economic and Social Rights Initiative, Center for Reproductive Rights, and the National Law Center on Homelessness and Poverty. The individual reports could not have been produced without the leadership and sacrifice of our working group coordinators (see(See Appendix Appendix p. P. ).363)383 7 And I must also recognize the outstanding work of Sarah Paoletti, our senior consultant, and Laura Baum, our administrator and overall coordinator. These two dedicated professionals went above and beyond their contractual obligations and vastly exceeded our expectations. During the consultation process, which involved meetings in various cities across the country, they continually held the State Department to its commitments even though corralling federal officials was not part of their job description, but they did it anyway and helped ensure the integrity of the process. Laura in particular is owed a special acknowledgement for her work on the meetings. Lastly, I want to acknowledge our supporters, in particular the Human Rights Fund, a group of visionary and courageous funders who understand the need for objective, impartial defense of human rights in this country and recognize the link between human rights, democracy and social justice. And to our anonymous supporter, you have demonstrated a consistent commitment to the groundbreaking work of this Network, and we thank you. Ajamu Baraka Executive Director, US Human Rights Network August 2010 8 Introduction On November 5, 2010, the United States is scheduled to appear before the United Nations Human Rights Council’s Universal Periodic Review (UPR) Working Group to openly discuss and account for
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