A/HRC/49/46/Add.1
(c)
Establishing an inter-agency federal body responsible for implementation
and follow-up to United Nations human rights mechanisms;
(d)
Inviting the Working Group of Experts on People of African Descent for
a follow-up meeting to its 2016 country mission.
71.
The Special Rapporteur is of the view that the global community is at a pivotal
moment in history and that it is time for comprehensive national human rights
legislation. Minorities are particularly vulnerable to the gaps and omissions of a
patchwork federal and State human rights legislation and protections. Most federal
human rights protections date to the era of the 1960s civil rights movement. Sixty years
later, the country is faced with the modern challenges of hate speech, misinformation
and disinformation in social media, the recrudescence of antisemitism and
Islamophobia, as well as the growing threats of hate crimes, xenophobia and racism
targeting other minorities. To this can be added the pandemic of intolerance and
growing extreme right-wing nationalism, violence and attacks, usually against
minorities. The Special Rapporteur therefore recommends that the Government:
(a)
Launch a strategic campaign for the adoption of comprehensive national
human rights legislation to include the international human rights obligations,
particularly on the recognition of the right to equality without discrimination on
grounds such as race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status;
(b)
Create a national human rights institution in line with the principles
relating to the status of national institutions for the promotion and protection of human
rights (Paris Principles) on the status of national institutions for the promotion and
protection of human rights.
72.
With regard to the need to protect democracy and guarantee the equal right to
vote and to political participation and representation, the Special Rapporteur observes
that it is discriminatory that millions of American citizens, overwhelmingly minorities,
cannot vote. The increasing number of barriers to the right and the opportunity without
any discrimination to vote and to be elected at genuine periodic elections by universal
and equal suffrage are inconsistent with the obligations of the Government of the United
States under international law. It also constitutes a direct and immediate danger to
democracy in the country. More broadly, the Government needs to pursue a campaign
to update federal guarantees to the equal right of citizens, including by:
(a)
Revising and updating federal and other legislation to lift the denial of the
right of citizens of the United States and nationals of overseas territories to vote in
federal and presidential elections;
(b)
Continuing efforts for the eventual adoption of the Freedom to Vote and
the John R. Lewis Voting Rights Advancement Act: in addition, a campaign to
completely revamp the Voting Rights Act of 1965 is needed to address contemporary
forms of disenfranchisement, such as, inter alia, onerous identification requirements,
gerrymandering, felony convictions and the imposition of related debts and limited
access to poll stations or drop-boxes.
73.
With regard to the use of native languages and the education of minorities, the
Special Rapporteur recommends:
(a)
Recognition of the American Sign Language as an official language of the
United States and that it also be identified in federal and other legislation as a language
for its use as a language of instruction;
(b)
Expansion of the Native American Languages Act and similar legislation
to directly include indigenous languages from overseas territories, including the
language of the Chamorro peoples in Guam, as well as funding for sustained
revitalization initiatives of indigenous languages, and particularly for the development
of their use as languages of instruction;
(c)
Preservation, revitalization and promotion of historical linguistic
minorities such as the Cajun minority in order to renormalize and strengthen their
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