A/HRC/49/46/Add.1
6.
The objectives of the visit were to identify good practices, in a spirit of cooperation
and constructive dialogue, and to address existing gaps in the promotion and protection of
the human rights of persons belonging to national or ethnic, religious and linguistic minorities
in the United States, in conformity with the mandate of the Special Rapporteur. More
specifically, the purpose of the visit was to identify ways to improve the effective
implementation of international obligations in relation to the rights of minorities in the
country in areas of particular significance, such as equality and non-discrimination, the right
to effective political participation, education and linguistic rights, access to justice and
administration of criminal justice and measures to address hate speech and hate crimes.
II. Minorities in the United States of America
7.
The United States is a nation of paradoxes when it comes to human rights and
minorities.
8.
The country that has welcomed the world’s tired, poor and huddled masses is also the
land where support for slavery led to one of the world’s most brutal civil wars, where racial
segregation persisted into the twentieth century and where the experiences of indigenous
peoples have for centuries been one of dispossession and even brutality.
9.
Religious minorities, especially non-Christian communities, such as Jews, have been
subjected to long-standing discrimination and exclusion in employment, membership in
social clubs and quotas on enrolment at colleges, particularly in the first half of the twentieth
century: a majority of social country clubs in the United States in the 1960s did not admit
Jews, and a few still did not as late as 2011.2 Some ethnic minorities, such as the Roma, have
been and continue to be largely invisible in official statistics because they are not identified
as a distinct category for the purposes of the national census and are thus ignored in policy
and other areas, despite probably constituting a population of many hundreds of thousands.
Teaching in the languages of minorities was largely banned from 1916 onwards. In the
nineteenth and early twentieth centuries, non-white minorities such as Asians were not
treated as equals, often facing racist barriers in different parts of the country, while African
Americans were held in servitude as slaves for centuries, denied the right to vote and equal
citizenship well into the twentieth century, and still face barriers to equal treatment without
discrimination. While slavery itself was abolished in 1865, its legacy remains, often
buttressed by repressive, exclusionary and discriminatory legislation, policies and practices
that prevented, and many argue continue to prevent, African Americans from accumulating
wealth and property.
10.
While the strict word limit for the present report makes it impossible to delve into
these complex issues, it aims to identify key minority issues and explain the relevance of the
international human rights obligations of the United States.
III. International and national human rights context
11.
The relationship of the United States with international human rights law has been
contradictory. In 1919, a commission was appointed, under the chairmanship of President
Woodrow Wilson, with the task of defining the terms of what was to become the Covenant
of the League of Nations. Negotiations on the Covenant led to the first attempt on the part of
the international community to incorporate a binding human rights obligation to uphold racial
equality in international law. Despite a majority vote approving the provision, President
Wilson refused to accept the adoption of the provision by a simple majority. There was a
volte-face, however, some 30 years later when Eleanor Roosevelt, as Chair of the United
2
Sacramento; the Bernard and Audre Rapoport Center for Human Rights and Justice at the University
of Texas; Fermín L. Arraiza Navas; and the International Human Rights Clinic at the Interamerican
University of Puerto Rico.
Gus Garcia-Roberts, “Indian Creek country club’s membership exposed”, Miami New Times, 10
August 2011, see https://www.miaminewtimes.com/news/indian-creek-country-clubs-membershipexposed-6532350.
3