A/HRC/49/46/Add.1
minimum national standards for voting by mail, make Election Day a federal holiday and
restore the requirement that States seek federal approval for changes to their electoral
practices that could harm minority voters. At the time of the writing of the present report,
however, both pieces of voting-rights legislation, merged into one, have failed to be adopted
by the Senate. The right to vote of millions of minorities, already severely curtailed, is
increasingly at risk.
33.
There are other areas where minorities are not entitled to full and equal human rights
in terms of political participation and representation. Millions of citizens in United States
territories, most of whom are also members of minorities and some of whom constitute
peoples in a colonial context, cannot vote in presidential elections. 17 These citizens are not
represented in the Senate and their representatives in the House of Representatives cannot
vote on the floor. American Samoans are currently not considered citizens, but “nationals”
with even fewer rights in terms of the right to vote and to political representation and
participation as expressed in article 25 of the International Covenant on Civil and Political
Rights. The present report cannot provide a detailed account of the various historical factors
and the varying forms of autonomy and status, including that of people with the right to selfdetermination, which led to the exclusion of mainly minorities and peoples from overseas
territories. The Special Rapporteur is of the view, however, that the prohibition of
discrimination in international human rights law and the right to universal and equal voting
rights and to take part in the conduct of public affairs through freely chosen representatives
are not fully implemented in these territories. Such restrictions are archaic remnants of the
colonial past of the United States, which continues through the political disenfranchisement
of populations in its overseas territories.
V. Education and the linguistic rights of minorities
34.
Students belonging to minority groups are often enrolled in public schools in
communities with concentrated poverty and therefore have access to fewer resources and
educational opportunities, which, too often, are linked to lower educational attainment. More
to the point, in some States the budgets of public school district are tied to local property
taxes. While somewhat of an oversimplification, since it is not always the case that perstudent expenditures necessarily track community wealth, the general outcome is that public
schools in wealthier communities have more local funding. Federal funding reportedly does
not make up for this discrepancy. In some parts of the United States there is significant
financial support, through taxes and other forms of concessions and transfers, for private
education, where minorities tend to be hugely underrepresented. More than one organization
pointed out that this could be seen as a form of structural discrimination, akin to a diversion
of public resources away from public education, resulting in underfunding of the public
school system and the underpayment of public teachers, including a disproportionate impact
on mainly minority students.
35.
The Special Rapporteur is of the view that there should be national standards for the
funding of all public schools to address the inherently systemic and discriminatory impact of
locally based funding approaches to public education. There are laudable efforts under the
Biden administration to more directly and equitably address these funding inequalities, such
as the 2021 American Rescue Plan, which expands opportunities for students most in need,
including students from low-income backgrounds and minorities, and the Elementary and
Secondary Education Act, which includes federal funding such as Title I, part A (Title I).
36.
While States such as California have forms of bilingual education, particularly for its
large Hispanic and Latinx minority, as well as some of the larger more concentrated minority
communities, and the results have been overwhelmingly positive, this is not necessarily the
case for linguistic minorities in other parts of the country. For example, the Cajun minority
(also known as “Cadiens” or “Acadiens”), which historically constitutes a significant
proportion of the population in the State of Louisiana and parts of neighbouring States, has
17
There are five inhabited American territories: American Samoa, Guam, the Northern Mariana Islands,
Puerto Rico, and the United States Virgin Islands. Their total population in 2020 was around 3.5
million people.
9