A/HRC/15/18
combating discrimination, it is to be noted that the United States has not ratified the
Convention on the Rights of the Child or the Convention concerning Discrimination in
Respect of Employment and Occupation, 1958 (No. 111) of the International Labour
Organization. Furthermore, there is no specific anti-discrimination act that would
serve to guide the drafting and implementation of relevant federal, state and local
laws.
B.
Recommendations
82.
The Working Group recommends that the particular history and context of
people of African descent be taken into account in developing relevant legislation and
when designing specific and holistic programmes and other remedies to address racial
discrimination directed at this population group. The very procedure of, for instance,
adopting a separate anti-discrimination law might assist the process of reviewing some
older legislation, particularly those relating to slavery and electoral rights.
Furthermore, such an act would be an appropriate instrument to regulate affirmative
measures and positive actions as well to shift the burden of proof and the general use
of statistics in cases of discrimination brought before courts. Such new legislation,
together with the ratification of the mentioned international treaties, would represent
a powerful tool in combating discrimination of any sort and on any level.
83.
The experts believe that the educational system of the United States has
developed different projects that could be effectively used to combat racial
discrimination against people of African descent. Excellent examples are the magnet
and the charter schools. The experts recommend that the Government continue and
enhance these initiatives as well as develop positive action policies to achieve parity of
educational conditions among students of African descent and those of the majority
population.
84.
In the area of employment, the experts recommend that the Government of the
United States consider verifying whether the 13 per cent of Americans of African
descent employed in the public service are engaged in work that appropriately
corresponds to their academic level and working capacities.
85.
The experts consider that a system of employment quotas could be
appropriately employed by the Government in order to stimulate employment of
Americans of African descent in the private sector.
86.
The experts recommend that the example of North Carolina’s acceptance of the
use of statistics in court proceedings to demonstrate a rebuttable presumption of
discrimination be followed in other states. The Government is also urged to redress
the grave issue of disproportionate incarceration rates of people of African descent
and the discriminatory nature and application of some laws, in particular those
related to drug offences.
87.
The experts encourage the Government to ensure the participation of African
American communities in urban development projects that affect them, including
appropriate forums to consult these communities regarding their particular needs.
88.
The experts encourage the Government to establish a human rights
commission, as an independent body in accordance with the principles relating to the
status of national institutions for the promotion and protection of human rights (the
Paris Principles), which will monitor and assist the implementation by the
Government of international standards at the state and federal levels. The
Government should establish within this body a dependency that deals specifically
with people of African descent.
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