| *84 Appendix B
Excerpts from the White Privilege Shadow Report(195)
Introduction(196)
A. OVERVIEW OF PROBLEMS WITH THE INITIAL US CERD REPORT
4. The government report ignored the CERD framework ....
5. The government failed to undertake an adequate assessment of policies and
practices as outlined by the Convention. Furthermore, it limited what
examination it did undertake to the federal or national level.
7. The report makes several misleading claims including:
a. The government claims that it has met its obligations outlined in Article
7. There has been no government public education campaign on these issues
....
b. Throughout the document, the government describes the role of courts to
limit and proscribe policies that address racial discrimination as if courts
operate independently, away from government influence and outside of the
framework of law and public debate ....
c. ... [T]here are a number of laws that are inconsistent with U.S.
obligations under the CERD and further, that government action has played a
primary role in "creating or perpetuating racial discrimination."
8. Throughout the U.S. report, the government has attempted to rationalize
what is actually policy-based discrimination (e.g., its failure to address
disparate racial impact in public education, health and more) as a result of
legal conditions beyond its control (decisions made by "independent" courts)
and even the purview of the CERD ....
B. SUMMARY OF ISSUES IN US NONCOMPLIANCE WITH THE CONVENTION RAISED IN THIS
REPORT
9. The US government has not undertaken any "effective measures to review
governmental, national and local policies" (Article II (1)(c) ....
10. The US government has not undertaken "special and concrete measures to
ensure the adequate development and protection of certain racial groups"
(Article II) (2) despite a preponderance of evidence of racism from both non-
governmental organizations and government agencies ....
*85 11. The US Government has not acted in compliance with provisions in
Article 5 to prohibit and eliminate discrimination in such areas as equal
treatment before the law; right to housing, public health, medical care and
other social services; and equal access to public services ....
12. The US government does not assure "effective protection and remedies" or
"adequate reparation or satisfaction for any damage suffered" (Article 6) ....
13. The US government has not undertaken "effective measures particularly in
the fields of teaching, education, culture and information, with a view to
combating prejudices." ...
Welfare Policy(197)
KEY FINDINGS
<<triangle>> The U.S. policy in this arena is inconsistent with several
provisions of the CERD, particularly much of Article 2 and Article 5.
<<triangle>> Welfare policy in the U.S. has always been highly racialized
and this affects equal access to services. Given the pervasiveness of
employment discrimination in the U.S., current policy trends to tie access to
social services to employment have only exacerbated racial bias and
discrimination in these programs.
<<triangle>> Discrimination in social services is heightened for those with
limited proficiency in English ....
RECOMMENDATIONS
. The government should allocate more resources to effective data collection
by race and ethnicity and effective regulation and monitoring in order to
track discriminatory effects of these policies. These data need to be analyzed
for their discriminatory effects, rather than the intent driving the changes
in policy ....
. Clear federal standards for equal treatment and access should be
established with special attention to racial discrimination and addressing the
needs of those who have limited proficiency in English (reading and speaking).
. Addressing discrimination and bias will require that the U.S. [undergo]
... serious revisions in policy and practice at all levels of government ....
*86 Education Policy(198)
KEY FINDINGS
<<triangle>> Several issues of CERD non-compliance were identified including
unequal access to education and in the case of discipline policy, extreme
discrimination with regard to equal treatment under the law.
<<triangle>> Schools are incredibly segregated with whites the least likely
to attend school with other racial groups. White privilege is
institutionalized in education in a myriad of ways including unequal funding
and support and bias in curriculum and testing.
<<triangle>> Increasing policing of students of color has meant greater law
enforcement involvement, which has resulted in racially disproportionate
suspensions, expulsions and referrals to the criminal justice system.
<<triangle>> Public policy toward predominantly minority primary and
secondary schools discourage integration and facilitate isolation and
inequity. Policies toward predominantly minority post secondary institutions
are characterized by aggressive mandates guaranteeing expanded access for
whites. Predominantly white institutions of higher learning are under no such
mandates for assuring access to racial minorities.
KEY RECOMMENDATIONS
<<triangle>> Design Racial Equity Plans at the school, district, state, and
national levels that include annually quantifiable goals.
<<triangle>> Schools must act immediately to correct the uneven application
of the most severe disciplinary actions, including suspension and expulsion.
<<triangle>> End academic tracking and open the way for all students to
participate in a challenging curriculum, including advanced classes.
<<triangle>> Develop policies that guarantee the equitable distribution of
resources that take into account the critical role of quality public education
as one remedy for past discrimination.
<<triangle>> Institute more accurate and sensitive standards for measuring
student progress and college aptitude and discontinue the use of biased and
ineffective standardized tests.
<<triangle>> At the post secondary level, affirmative action programs and
other special measures should be established to increase the number of
minorities completing college and graduate school.
*87 Exclusionary Land Use Practices(199)
KEY FINDINGS AND RECOMMENDATIONS
<<triangle>> Exclusionary land use practices create a number of harms that
unjustifiably impede the rights of people of color in the United States to
housing (Art. 5.e.iii), work (Art. 5.e.i.), and education (Art. 5.e.v.).
<<triangle>> Federal legislation should be enacted that clearly defines
racial discrimination in all relevant anti-discrimination statutes and should
be amended to explicitly include policies and actions with unjustifiable
disparate impacts on people of color.
<<triangle>> Federal legislation should be enacted that places an
affirmative duty on states to ensure that their zoning and other land use
powers are not being used in manners inconsistent with the mandates of the
Fair Housing Act, the Convention on the Elimination of Racial Discrimination,
and other relevant international standards. This should include the
requirement that public authorities undertake a Fair Housing Impact Assessment
process prior to actions with significant housing implications.
<<triangle>> The Government should undertake a comprehensive federal review
of the presence of racial discrimination in land use practices in place
throughout the United States.
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