Item 5: Prevention of discrimination and protection of indigenous peoples and minorities
African-American Voter Disenfranchisement in Florida (U.S.); Dalits & Caste based discrimination; Non-Citizen Indigenous Children of Thailand
Mr Chairperson,
African-American Voter Disenfranchisement in Florida, United States
We would like to draw your attention to Article 2.3 of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious & Linguistic Minorities, which states that persons belonging to minorities have the right to participate effectively in decisions on the national and regional level concerning the minority to which they belong to.
In the United States, more than half of the 180,000 rejected ballots in the State of Florida in the 2000 Presidential election were African-American votes. The Florida election was decided by less than 500 votes; Florida was the decisive and last state in the closest election in American history. This election was achieved the old-fashioned way in American Electoral Politics --- On the backs of black folk.
This huge disparity in discarded votes is a poignant reminder that we are indeed two Americas - not only with regards to education, health-care, housing, access to jobs and our much talked about prosperity, but most importantly with regards to voting.
The African-American turnout in Florida was as astounding 65 person higher than the last presidential election in 1996. African-Americans were mobilised for this election. Unfortunately this mobilisation was thwarted.
After my country had endured nearly a century of systematic resistance to the 15th amendment (which guaranteed men the right to vote regardless of race or previous condition of servitude or in today's terms `work and descent') Congress passed the Voting Rights Act of 1965. And I'm sure that this distinguished body is aware of the many lives that were lost in achieving the passage of the Voting Rights Act of 1965, including but not limited to the Hon.Rev.Dr.Martin Luther King, President John F. Kennedy, Brother Malcom X and Medgar Evers.
Approximately 11 per cent of Florida voters were African American. However, African Americans cast about 54 per cent of the 180,000 rejected ballots in Florida during the November 2000 election based on estimates derived from country supervisors of election.
Black voters were 10 times more likely than non-black voters to have their ballots rejected. A total of 14.4 per cent of Florida's black voters cast ballots that were rejected as compared with 1.6 per cent non-black Florida voters.
In an unprecedented move, Florida hired a private company to purge its voter rolls for convicted felons and deceased persons. The list disproportionately contained African- Americans. But the list supplied by the company was riddled with inaccuracies - once again disproportionately penalising African-Americans. Poor countries, particularly those with large minority populations, were more likely to possess voting systems with higher rejection rates than the more affluent countries with significant white populations.
Mr.Chairman, as newly confirmed Assistant U.S. Attorney General for Civil Rights Ralph Boy stated on August 6th 2001 before the Committee on the Elimination of All Forms of Racial Discrimination, that the irregularities herein referred to in this Intervention were not limited to the State of Florida but occurred in the State of Georgia and were pervasive throughout States in the United States of America.
This administration has shown that it is not responsive to black issues in America or abroad as demonstrated by the positions taken by the U.S. delegation representatives of the White House, Department of State & Department of Justice in connection with their negotiations in the Prep-Com Sessions for the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance. While representations of this delegation present an African-American face, they do not speak for this minority group in American Society.
African-Americans will never concede to or accept any government past or future that disenfranchises the voting rights of peoples of African Descent as legitimate. This is a matter of extreme concern to the African-American community. Recently, the former Florida Bar President Herman Russomanno stated, "Ultimately, the success of our legal system depends on the public's trust and confidence that it dispenses justice fairly".
Mr.Chairman we recommend that the Sub-Commission prepare a working paper to study the effective participation of peoples of African Descent in all parts of the world.
Dalits of India and Discrimination based on Work and Descent
Pax Romana welcomes the working paper by Mr. Goonesekere(E/CN.4/Sub.2/2001/16).
It marks an important stage in the overall action for the elimination of racial discrimination. More specifically, CERD has raised this issue consistently. At the current CERD meeting, the High Commissioner for Human Rights pointed out the Committee's repeated criticism of national legislation for not addressing discrimination on the grounds of descent, reinforcing that `descent' has its own meaning and is not to be confused with race or ethnic or national origin.
Pax Romana has seriously taken up this form of discrimination based on descent and work, specifically in relation to the Dalits in India. While being aware of national legislation and practices in India, Pax Romana underlies that the Dalits in India continue to suffer multiple discrimination on account of their work and descent. As Mr.Goonesekerenotes in para. 26, "the laws are there, but there is a clear lack of will on the part of law enforcement officers to take action". More than 75 per cent of the cases under The Schedule Castes/Scheduled Tribes Act are being in acquittal at all levels". This form of Discrimination in the administration of justice often nullifies whatever laws exist or affirmative action taken.
The issue of Discrimination and Administration of Justice has been raised by Ms. Zerrougui in a paper of the Working Group on Administration of Justice in this session. These forms of discrimination are widespread in other parts of Asia as well as in other regions. These situations become more aggravated in the case of inter sectoral discrimination, namely Dalit women and girls.
We appeal to the Sub-commission to continue its work on discrimination based on work and descent both through Mr. Goonesekere and through its working Group on the Administration of Justice. These recommendations would enhance effectively the Programme of Action of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban.
Non-Citizen Indigenous Children in Thailand
We welcome Mr. Weissbrodt's preliminary report on the Rights of non-citizens
(E/CN.4/Sub.2/2001/20 and add 1) in paragraph 103 which among others, stated the obligation of State parties to respect and ensure the rights set forth in the present Convention to each child within their jurisdiction. Having said that, Mr Chairperson, we would like to draw your attention to the case of the non-citizen indigenous children in Thailand.
Although the non-citizens indigenous in Thailand have access to basic education up to the age of 12, they are not given certification upon completion of their studies. Thus, it is difficult for them to further their studies. This will also stifle their opportunity to secure gainful employment.
Mr Chairperson, since Thailand has ratified the Convention on the Rights of the Child, we urge Mr. Weissbrodt to take into account such situation.
We also urge that the Working Group on Minorities continues its study of the effective participation of minorities in national and regional decision-making.
Thank You
