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/

Select target paragraph3