IV. On Racial Discrimination

Racial discrimination, deep-seated in the United States, has permeated every aspect of social life.

An Associated Press-Univision Poll, reported by the Associated Press on May 20, 2010, found that 61 percent of people overall said Hispanics face significant discrimination, compared with 52 percent who said blacks do. The New York Times reported on October 28, 2010 that more than 6 in 10 Latinos in the United States say discrimination is a "major problem" for them, a significant increase in the last three years.

Minorities do not enjoy the same political status as white people. The New York city's non-Hispanic white population is 35 percent, while more than 70 percent of the senior jobs are held by whites. Since winning a third term in November 2009, Mayor Michael R. Bloomberg has announced a parade of major appointments: bringing aboard three new deputy mayors and six commissioners. All nine are white. Of the 80 current city officials identified by the Bloomberg administration as "key members" on its Website, 79 percent are white. Of 321 people who advise the mayor or hold one of three top titles at agencies that report directly to him - commissioners, deputy commissioners and general counsels, and their equivalents - 78 percent are white. And of the 1,114 employees who must live in the city, under an executive order, because they wield the most influence over policies and day-to-day operations, 74 percent are white (The New York Times, June 29, 2010).

Minority groups confront discrimination in their employment and occupation. The black people are treated unfairly or excluded in promotion, welfare and employment (Chicago Tribune, March 12, 2010). It is reported that one-third of black people confronted discrimination at work, against which only one-sixteenth of the black people would lodge a complaint. The Washington Post reported on October 15, 2010 that about 30 black firefighters alleged systematic racial discrimination within the D.C. Department of Fire and Emergency Medical Services, claiming that black employees faced harsher discipline. Shirley Sherrod, who was black, was fired by the Agricultural Department after a blogger posted her truncated comments that 24 years ago, she did not help a white farmer when she was working for a nonprofit agency established to help black farmers. The U.S. Agriculture Department in February, 2010 reached a 1.25-billion-dollar settlement in a decades-long struggle by African-American farmers who had suffered from discrimination within farm loans (The Washington Post, July 23, 2010). The New York Times reported on September 23, 2010 that by September 30, 2009, Muslim workers had filed a record 803 claims of complaints over employment discrimination, up 20 percent from the previous year.

Minority groups have high unemployment rate. According to the U.S. Bureau of Labor Statistics, in July 2010, among the population 16 to 24 years of age, 2,987,000 unemployed people were white, with unemployment rate reaching 16.2 percent; 992,000 were black or African American people, with unemployment rate of 33.4 percent; 165,000 were Asians, with unemployment rate of 21.6 percent; 884,000 belonged to Hispanic or Latino ethnicity, with unemployment rate of 22.1 percent (www.bls.gov/news.release/pdf/youth.pdf). According to a report of the working group of experts on people of African descent to the Human Rights Council of the United Nations in August 2010, unemployment was a very serious issue for the Afro-descendant community in the United States, with levels of unemployment being, proportionately, four times higher among this population than in the white community. Reference was made to a case where the New York City Fire Department was found to have discriminated against people of African descent who had applied for employment as firemen. Of the 11,000 firemen employed by the New York City Fire Department, only about 300 were of African descent, despite their being about 27 percent of the population of New York (UN document A/HRC/15/18). Nearly one-sixth of black residents in the city were unemployed in the third quarter of 2010. About 140,000 of the city's 384,000 unemployed residents, or 36 percent, were black (The New York Times, October 28, 2010).

Poverty proportion for minorities is also high in the United States. The U.S. Census Bureau announced in September, 2010 that the poverty proportion of the black was 25.8 percent in 2009, and those of Hispanic origin and Asian were 25.3 percent and 12.5 percent respectively, much higher than that of the non-Hispanic white at 9.4 percent. The median household income for the black, Hispanic origin and non-Hispanic white were 32,584, 38,039 and 54,461 U.S. dollars respectively (The USA Today, September 17, 2010). A survey released by the America Association of Retired Persons on February 23, 2010 found that over the previous 12 months, a third (33 percent) of African Americans age 45+ had problems paying rent or mortgage, 44 percent had problems paying for essential items, such as food and utilities, almost one in four (23 percent) lost their employer-sponsored health insurance, more than three in ten (31 percent) had cut back on their medications, and a quarter (26 percent) prematurely withdrew funds from their retirement nest eggs to pay for living expenses. Even in the tough employment environment, 12 percent of African Americans age 65+ returned to the workforce from retirement, while nearly 20 percent of African Americans age 45 to 64 increased the number of hours worked and 12 percent took a second job (The Los Angeles Times, February 23, 2010). In 2009, there were more than 30,000 black children living in poverty in the nation's capital, almost 7,000 more than two years before. Among black children in the city, childhood poverty shot up to 43 percent, from 36 percent in 2008. In contrast, the poverty rate for Hispanic children was 13 percent, and the rate for white children was 3 percent (The Washington Post, September 29, 2010).

The U.S. minority groups face obvious inequality in education. A latest report released by America's Promise Alliance, Civic Enterprises, and the Everyone Graduates Center at Johns Hopkins University showed that 81 percent of white, 64 percent of Hispanic, and 62 percent of African-American students graduated from high schools in 2008 (The World Journal, December 2, 2010). As of 2008, among white men aged 55 to 64, the college completion rate was 43 percent, while 19 percent of Hispanics. Among white men aged 25 to 34, the completion rate was 39 percent, compared with 14 percent of Hispanics (The Washington Post, October 20, 2010). In New York City, the number of white adults with a master degree were three times more than Hispanics. According to a report released by the Sacramento State University, only 22 percent of Latino students and 26 percent African American students completed their two-year studies in the university, compared with 37 percent of white students (The San Jose Mercury News, October 20, 2010). A report released from New York City' s Department of Education in January 2010 found that 6,207 or 4.7 percent-out of a total of 130,837 disciplinary incidents reported in the City's public schools during the 2008-09 school year were bias-related with gender, race/color, gender identity, gender expression, or sexual orientation (The China Press, January 18, 2010). The USA Today on October 14, 2010 reported that African American boys who were suspended at double and triple the rates of their white male peers. At the Christina School District in Delaware, 71 percent of black male students were suspended in a recent school year, compared to 22 percent of their white male counterparts. African-American students without disabilities were more than three times as likely to be expelled as their white peers. African-American students with disabilities were over twice as likely to be expelled or suspended as their white counterparts (USA Today, March 8, 2010).

The health care for African-American people is worrisome. Studies showed that nearly a third of ethnic minority families in the United States did not have health insurance. Life expectancy was lower and infant mortality higher than average (BBC, the social and economic position of minorities). Mortality of African American children was two to three times higher than that of their white counterparts. African American children represented 71 percent of all pediatric HIV/AIDS cases. African American women and men were 17 times and 7 times, respectively, more likely to contract HIV/AIDS than white people, and twice more likely to develop cancer.

Racial discrimination is evident in the law enforcement and judicial systems. The New York Times reported on May 13, 2010, that in 2009, African Americans and Latinos were 9 times more likely to be stopped by the police to receive stop-and-frisk searches than white people. Overall, 41 percent of the prison population was estimated to be African American. The rate of African Americans serving a life sentence was more than 10 times higher than that of whites. Males of African descent who dropped out of school had a 66 percent chance of ending up in jail or being processed by the criminal justice system (UN document A/HRC/15/18). A report said 85 percent of the people stopped in New York to receive stop-and-frisk searches over the past six years had been black or Latino (The Washington Post, November 4, 2010). According to a report of the Law School of the Michigan State University, among the 159 death row inmates in North Carolina, 86 were black, 61 were white and 12 were from other ethnic groups. During the trial process of the 159 capital cases, the number of black members taken out from the jury by prosecutors more than doubled that of non-black members. According to statistics from the Chicago Police Department, the proportion of black people being the criminals and the victims of all murder cases is the highest, reaching 76.3 and 77.6 percent respectively (portal.chicagopolice.org). The Homicide Report of the Los Angeles Times showed 2,329 homicides in Los Angeles County from January 1, 2007 to November 14, 2010, with victims of 1,600 Latinos and 997 black people (projects.latimes.com/homicide/map/).

Racial hate crimes are frequent. The FBI said in an annual report that out of 6,604 hate crimes committed in the United States in 2009, some 4,000 were racially motivated and nearly 1,600 were driven by hatred for a particular religion. Overall, some 8,300 people fell victim to hate crimes in 2009. Blacks made up around three-quarters of victims of the racially motivated hate crimes and Jews made up the same percentage of victims of anti-religious hate crimes. Two-thirds of the 6,225 known perpetrators of all U.S. hate crimes were white (AFP, November 22, 2010).

Immigrants' rights and interests are not guaranteed. Lawmakers in the Arizona Senate in April 2010 passed a bill to curb illegal immigration. The law requires state and local police to determine the status of people if there is "reasonable suspicion" that they are illegal immigrants and to arrest people who are unable to provide documentation proving they are in the country legally (The Los Angeles Times, April 13, 2010). Another proposed Arizona law, supported by Republicans of the state, would deny birth certificates to children born in the United States to illegal immigrant parents (CNN U.S., June 15, 2010). A group of UN human rights experts on migrants, racism, minorities, indigenous people, education and cultural rights expressed serious concern over the laws enacted by the state of Arizona, saying that "a disturbing pattern of legislative activity hostile to ethnic minorities and immigrants has been established". The Arizona immigration law requires state law enforcement officers to arrest a person, without a warrant. It also makes it a crime to be in the country illegally, and specifically targets day laborers, making it a crime for an undocumented migrant to solicit work, and for any person to hire or seek to hire an undocumented migrant. The law may lead to detaining and subjecting to interrogation persons primarily on the basis of their perceived ethnic characteristics. In Arizona, persons who appear to be of Mexican, Latin American, or indigenous origin are especially at risk of being targeted under the law. The Atlanta Journal-Constitution reported on November 19, 2010 that a large group of human rights organizations prepared to hold a vigil in South Georgia in support of suspected illegal immigrants being held in a prison in Lumpkin. As of September 17, 2010, the prison was holding 1,890 inmates. Court cases for inmates at the prison were pending for 63 days on average. With regard to immigration detainees, the Special Rapporteur on the human rights of migrants said, in a report to the Human Rights Council in April 2010, that he received reports of detainees being willfully and maliciously denied proper medical treatment, to which they are entitled by legislation, while they are in the custody of the national authorities. The Special Rapporteur observed during his country missions that irregular migrant workers are often homeless or living in crowded, unsafe and unsanitary conditions (UN document A/HRC/14/30).