ICERD Member Spotlight: The United States of America

The ICERD was adopted in 1965 and signed on behalf of the U.S. on September 28, 1966. It was not, however, sent to the U.S. Senate for consent to ratification for almost twelve years (February 23, 1978). The Senate delayed its ratification for another sixteen years. In all, thirty years passed before the U.S. Senate gave its consent to ratify CERD.

BI-ANNUAL GOVERNMENT REPORTING

Members agree to submit reports every two years. The first report was due in 1995 but the U.S. did not submit a report until 2001, at which time it submitted the initial, second and third periodic reports as one document (actual due dates were November 20, 1995, 1997 and 1999). The Committee recommended submission of the fourth report jointly with the fifth on November 20, 2003 - these were never submitted.

REPORTING FROM DISTINCT GROUPS

Although the U.S. government has not complied with reporting requirements, several organizations have submitted reports to the Committee on a range of subjects, including the persistence of White privilege, unequal housing and healthcare, and violations in tribal agreements.

A recent report sent by a collaboration of indigenous tribal nations resulted in an Early Warning and Urgent Action Procedure response from the committee.

COMMITTEE CONCERNS

Concerns identified by the Committee regarding U.S. application of ICERD include:

• "the persistence of the discriminatory effects of the legacy of slavery, segregation, and destructive policies with regard to Native Americans."
  
  
• Police brutality, and a "disturbing correlation between race, both of the victim and defendant, and the imposition of the death penalty, particularly in states like Alabama, Florida, Georgia, Louisiana, Mississippi and Texas."
  
  
• "the political disenfranchisement of a large segment of the ethnic minority population."
  
  
• The "absence of specific legislation implementing the provisions of the Convention in domestic laws."
  
  
• "far-reaching reservations, understandings and declarations entered at the time of ratification of the Convention." Particularly noteworthy was the reluctance to accept articles which set forth the requirements that citizens of member organizations have an "obligation not to disseminate racist ideas" and that member organizations have an "obligation...to bring to an end all racial discrimination by any person, group or organization." New legislation designed to prevent and combat racial discrimination was suggested.