A/HRC/11/36/Add.3 page 26 minorities in inferior schools, more vulnerable neighbourhoods, the juvenile justice system and the criminal justice system are to a large extent linked to their overall socio-economic situation. At the same time, these trends also contribute to reinforce prejudices and stereotypes, such as an association of minorities to criminality or to poor educational performance. 90. The consequences of the overlap of poverty and race were clearly seen in the aftermath of Hurricane Katrina. Minorities, as the poorest segments of the population, lived in more vulnerable neighbourhoods and were more exposed to the effects of the storm. It is thus not unexpected that these groups suffered from disproportional displacement or loss of their homes. Katrina therefore illustrates the pernicious effects of socio-economic marginalization and shows the need for a robust and targeted governmental response to ensure that racial disparities are addressed. 91. The Special Rapporteur also noted that the socio-economic marginalization of racial or ethnic minorities has become more acute due to what he perceived as a slow process of de facto re-segregation in many areas of the American society. In particular, in his visits to metropolitan areas, he noted the striking pattern of ethnic and racial cleavages that persist and which are being reinforced by processes such as gentrification in neighbourhoods historically inhabited by minorities. A related aspect is the process of re-segregation in public schools. Several studies have shown that the present level of segregation is similar to that of the late 1960s. These processes not only contribute to keep racial groups physically separated, but also affect the marginalization of public services in areas that are predominantly attended by minorities. Ultimately, this creates an obstacle in the most important means of promoting equality of opportunity, which is to offer quality education for all students. In this regard, the Special Rapporteur is particularly concerned about the retraction of affirmative action policies, which make a tangible contribution to enhancing diversity and integration in schools. 92. The Special Rapporteur would like to make specific reference to the situation of Native Americans, which have been the first people to be historically discriminated in the continent. He was particularly sensitive to the statements made by the Principal Chief of the Cherokee Nation, Mr. Chad Smith, whom the Special Rapporteur met in Miami, as well as other indigenous leaders met in Omaha and Los Angeles, who highlighted the dire socio-economic conditions faced by many Native Americans and the difficulties in preserving their cultural heritage. He recalls the need for constant vigilance for the situation of Native Americans, which should be the subject of particular attention in view of the historical legacy of discrimination against them. 93. The situation in Puerto Rico also merits particular attention by the Government in view of its specificity. A number of particular elements should be borne in mind with regards to Puerto Rico: the ethnic dimension, including the racial make-up of the population and the situation of the black minority in the island; the cultural dimension, including the Hispanic origin of the population; and the political dimension, in particular the specific political status enjoyed by Puerto Rico in the United States. It is therefore essential that specific actions, in line with Puerto Rico’s specificities, be undertaken to fight racism in the island. 94. The Special Rapporteur recalls the idea that he has put forward in many of his reports concerning the need to go beyond a legal strategy that guarantees non-discrimination. While essential, the legal strategy is only the first stage in the fight against racism. A long-term strategy needs to address the root causes of the phenomenon, particularly in terms of intellectual

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