A/50/476
English
Page 14
"As your study also notes, these are matters of continuing public
concern in the United States, as demonstrated by what you deemed ’the
densest web of community organizations in the world’ to fight racial and
other forms of discrimination. While most of these organizations are
privately supported, almost all receive government support in the form of
special tax status.
"The problem of racial discrimination in the United States is complex.
Your study was necessarily based on a brief visit and on limited
information. Accordingly, several elements of your analysis are incomplete
or inaccurate. For example, your report notes the five Supreme Court
rulings in 1989 that narrowly construed a number of federal statutes
regarding the law against employment discrimination (para. 56), but it
fails to note that these rulings were overturned by overwhelming majorities
in Congress two years later through legislation (the 1991 Civil Rights Act)
that clarifies that the statutes were intended to have a broader scope.
"We are paying particular note to your recommendations to the United
States Government. Some of these are consistent with our national policy
and goals, others are not. Some deal with conduct by private actors and
social and economic forces not readily subject to government action. Some,
particularly your recommendation calling for the prohibition of certain
groups and forms of expression, would violate basic constitutional
protections of individual rights and are not acceptable to us". 11/
2.
Mission to Brazil
21. The Special Rapporteur visited Brazil from 6 to 17 June 1995, with the
agreement of the Brazilian Government. He would like to acknowledge its spirit
of cooperation and express his gratitude for the welcome he received.
22. Without going into the details of his findings, which will be the subject
of a substantive report, the Special Rapporteur would like to stress that the
situation in Brazil is highly complex. It cannot be captured by simple
intellectual constructs, mainly because of the complex make-up of the population
of Brazil and the biological and cultural intermingling that has taken place.
Official statements themselves oscillate between an explicit recognition of the
existence of racism and racial discrimination, categorial denial of their
existence - "Brazil is not like the United States and South Africa, which have
experienced racial segregation or apartheid" - and implicit acceptance of their
existence, which can be seen in statements to the effect that economic and
social discrimination - "apartaçao social" - does exist against the poor, most
of whom happen to be Black, Indian or mestizo. So it would appear from the
class and social composition of the political, economic, academic or scientific
fields.
23. As many of the people interviewed, government officials and others alike,
attempted to explain, the cause-and-effect relationship between the economic and
social status of these excluded groups or "social sectors" and the history of
the marginalization of Blacks, Indians and mestizos of every stripe and colour
should be analysed with reference to historical factors which attended the
/...