A/HRC/15/18 III. A. People of African descent in the United States: general comments Participation of people of African descent in all political, economic, social and cultural aspects of society and in the advancement and economic development of the country 16. The members of the Working Group acknowledge the strenuous efforts of the Government of the United States to address the challenges that face people of African descent in this country. In their meetings with Government agencies, the members found that each of the many different departments has programmes that assist people of African descent to realize their fundamental rights and improve their daily lives. While there is no federal authority charged specifically with monitoring and advancing the situation of people of African descent, there is a comprehensive structure in place that ensures that their situation is included in the agenda and programmes of the different agencies that have thematic responsibility for ensuring the provision of health, education, housing and other fundamental services. 17. Through its many meetings held with State officials, a member of Congress and civil society representatives, the experts found the following to be the most pressing issues in the United States as regards the participation of people of African descent in all political, economic, social and cultural aspects of society and in the advancement and economic development of their country. 1. Employment 18. In their meeting with the Department of Labor, the members were informed that there are non-discrimination requirements placed upon those private enterprises that wish to contract with the federal Government. These include the requirement that the contractor does not discriminate against any member of its entire workforce during the performance of a federal contract or subcontract and that it has, or puts in place, self-monitored affirmative action measures. While contractors are required to self-monitor, the Office of Federal Contract Compliance Programs will review selected contractors’ compliance with both the non-discrimination and affirmative action obligations. 19. It was explained to the members that the Workforce Investment Act is designed to provide workforce investment activities that increase the employment, retention and earnings of participants for all Americans. Section 188 of the Act prohibits discrimination on various bases, including race and national origin, in those activities. The activities may, however, be targeted to various other population groups - for example, persons who are income disadvantaged. Section 188 of the Workforce Investment Act is a primary source of authority for the Department of Labor’s Civil Rights Center, which, inter alia, enforces the section 188 prohibition of discrimination and requirement of equal opportunity for those who participate in a financially assisted programme or activity under Title I of the Workforce Investment Act. 20. When an employer is alleged to have acted in a discriminatory way, workers may file a complaint with the Equal Employment Opportunity Commission. In addition, the Civil Rights Center has jurisdiction over entities that are recipients of certain types of federal financial assistance. The laws administered by the Center prohibit those entities from discriminating in their provision of services to customers and in the operation of programmes and activities for individual beneficiaries, as well as in their capacity as employers. The Center conducts investigations of discrimination complaints against these entities; it also conducts broader reviews to ensure compliance with legal requirements 7

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