E/CN.4/1995/78/Add.1
page 24
80.
The report of the Mexican Human Rights Commission - a reliable source of
information in this area - also contains a series of allegations relating to
the deaths, violation of the physical integrity, unlawful deprivation of
liberty and sexual abuse of Mexican migrant workers who cross the
United States southern border either lawfully or unlawfully. The report also
states that "all along the southern border zone of the United States there
have been cases of discriminatory conduct based on ideological concepts
whereby persons with a particular phenotype - what are generally known as
’racial characteristics’ - are considered inferior. Unfortunately, this type
of prejudice affects some Mexicans, and in particular migrant workers". 55/
Several other incidents of a similar kind to those described above were drawn
to the Special Rapporteur’s attention by the Mexican Consul General in
California. The Special Rapporteur intends to ask the Government of the
United States for its comments.
81.
In addition to these incidents, the overall climate of hostility towards
immigrants prevailing in California lies at the root of a number of acts of
violence by police officers against migrant workers. In addition, although
Proposition 187, which was recently adopted by the California State
Legislature, and against which an appeal has been lodged with the Supreme
Court, is intended to check clandestine immigration, it contains
discriminatory and anti-constitutional provisions, in particular in terms of
access to education, to health care and to welfare services by the children of
illegal migrant workers. In its 1982 ruling in Plyler vs. Doe, the Supreme
Court found that it was anti-constitutional to deny children access to
education, regardless of the status of their parents, on the grounds that it
violated the Fourteenth Amendment to the Constitution.
82.
Regarding the reception given to asylum seekers, there has been
controversy about the disproportion between the number of persons admitted
from the former USSR and the number of Cubans and Haitians let in at the peak
of the crisis in Haiti following on the expulsion of President Jean
Bertrand Aristide. In addition, some people believe that the fact that
Haitian asylum-seekers alone are obliged to take a test for the AIDS virus and
are sent to Guantanamo base without a prior hearing is a discriminatory
practice. In general, "the continued existence of the ideological
determination of whether one is a ’political’ or ’economic’ refugee which
allows into the United States large numbers of Europeans as opposed to persons
from Africa, Asia or Latin America is subject to question". 56/
K.
Women and racism
83.
Almost 32 million women of colour live in the United States or, in other
words, one in four women are from national minority groups, or indigenous
nations. Two thirds of Asian American and one third of Latino women are
foreign born. These shares are even higher among working age women. Nearly
half of Latino women aged 18-64 are immigrants, as are four in five Asian
American women. Women comprise three fifths of all poor adults and nearly
half of employed women are in lower-paying administrative support and service
jobs. In every social category, women of colour are located at the
bottom. 57/