Friday, February 22, 2008
In Conclusion
Our trip to Geneva is drawing to a close. I have spent the last two days listening to the official U.S. government report of compliance with the Treaty to End Racial Discrimination and the U.N. Committee's questions. I am struck, first and foremost, by the U.S. acknowledgment of the many areas of racial disparities - in criminal and juvenile justice, in health-related issues, in housing, in education. Yet, the U.S. government, contrary to international law, focuses on the issue of intent, rather than effect. What this means is that despite the acknowledged disparities, the government asserts it cannot do much as there is no evidence of intentional discrimination.
In contrast, international law and practice believes that it is a governmental responsibility to look at data and information that show effect, a pattern of racial disparity. In the view of the U.N., government has a profound policy and moral responsibility to address the social and economic exclusion of people of color, even where individual intent cannot be identified. For those of us who are interested in "bringing human rights home", the 2008 reauthorization of the Civil Rights Act will be an opportunity to bring U.S. law and practice into international compliance by changing the law to make effect, and not intent, the test of racial inequities.
With respect to the particular issue that CCA youth and staff were here to contribute to - the school to prison pipeline - we were very disappointed in the U.S. government's answer to the Committee's question on this issue. The Government answered that the federal government is not involved in school discipline policy and practices; instead school discipline was defined as the sole purview of local boards of education. The Government also stated that there is no data that document the school to prison pipeline. In fact, federal law mandates that any school district which receives federal funds (virtually every school district in the U.S.) must expel for a minimum of one year any student found in possession of a weapon [Elementary and Secondary Education Act (ESEA), 20 U.S.C. 7140, 1994, now incorporated into the No Child Left Behind Act of 2001 (NCLB)]. The term "weapon" has been interpreted broadly to include not just firearms, but a student’s hands and feet, book bags, and athletic shoes. Federal law requires that such incidents be referred to local law enforcement authorities – a direct initiation of the school-to-prison pipeline. The racially disparate consequences of these federal requirement are undeniable, and annually documented by the U.S. Government’s own data from the U.S. Department of Education, Office of Civil Rights (2000, Fall 1998 Elementary and Secondary School Civil Rights Compliance Report: National and State projections).
However, to end on a more positive note, the U.S. Government representative stated forthrightly that "Disparity in the criminal justice system raises a red flag and is a call to action for all of Americans. Ameliorating this statistical disparity is the responsibility of government and the whole of society." Let us hope that this statement becomes translated into action.
In contrast, international law and practice believes that it is a governmental responsibility to look at data and information that show effect, a pattern of racial disparity. In the view of the U.N., government has a profound policy and moral responsibility to address the social and economic exclusion of people of color, even where individual intent cannot be identified. For those of us who are interested in "bringing human rights home", the 2008 reauthorization of the Civil Rights Act will be an opportunity to bring U.S. law and practice into international compliance by changing the law to make effect, and not intent, the test of racial inequities.
With respect to the particular issue that CCA youth and staff were here to contribute to - the school to prison pipeline - we were very disappointed in the U.S. government's answer to the Committee's question on this issue. The Government answered that the federal government is not involved in school discipline policy and practices; instead school discipline was defined as the sole purview of local boards of education. The Government also stated that there is no data that document the school to prison pipeline. In fact, federal law mandates that any school district which receives federal funds (virtually every school district in the U.S.) must expel for a minimum of one year any student found in possession of a weapon [Elementary and Secondary Education Act (ESEA), 20 U.S.C. 7140, 1994, now incorporated into the No Child Left Behind Act of 2001 (NCLB)]. The term "weapon" has been interpreted broadly to include not just firearms, but a student’s hands and feet, book bags, and athletic shoes. Federal law requires that such incidents be referred to local law enforcement authorities – a direct initiation of the school-to-prison pipeline. The racially disparate consequences of these federal requirement are undeniable, and annually documented by the U.S. Government’s own data from the U.S. Department of Education, Office of Civil Rights (2000, Fall 1998 Elementary and Secondary School Civil Rights Compliance Report: National and State projections).
However, to end on a more positive note, the U.S. Government representative stated forthrightly that "Disparity in the criminal justice system raises a red flag and is a call to action for all of Americans. Ameliorating this statistical disparity is the responsibility of government and the whole of society." Let us hope that this statement becomes translated into action.
Wednesday, February 20, 2008
U.N. Panel Meeting on Culture
Today was a big day. Today we went to the panel meeting on culture. I never knew the things that were going on in the U.S. affecting so many cultures. I just thought racism was really based on black and white. Just by coming to Switzerland opened my eyes wider to know that there are also other kinds of discrimination dealing with sexism and other cultural beliefs. By me listening to what others have to say, I know that we are not alone.
Panel on Culture
Today was the panel presentation on culture. I met many new people and heard many interesting stories. It has changed the way I am thinking about things. I never thought there were so many problems and terrible, horrifying conditions that the government was not doing anything about. I hope that by participating here, it will make a difference. So many people have told their stories about conditions all over the country - New Orleans where people still cannot go home; on Native American reservations where pollution is hurting women's health and the health of their babies. We hope that talking about problems and having the UN Committee investigate and ask questions, things will be able to change.
Juvenile Justice
Today was a good day. I slept very well last night - a little bit too good. Hey, today was going to be my big day. I was supposed to speak and tell the U.N. Committee that monitors the Treaty to End Racial Discrimination that putting young black men and woman in jail is not the best way to go, and give them an example of how a program like CCA should be available to more kids. I was going to speak with Michael Harris who is a lawyer with the Haywood Burns Institute. Michael was going to cover the statistics on how many black youth are in prison and suspended from school
The U.N. Committee didn't ask questions about juvenile justice, so no questions came my way. I was disappointed; but, hey, I look at it like this, maybe it happened for the good. I might have another chance to speak this evening on a panel with youth.
The U.N. Committee didn't ask questions about juvenile justice, so no questions came my way. I was disappointed; but, hey, I look at it like this, maybe it happened for the good. I might have another chance to speak this evening on a panel with youth.
Reflections
Well first off I would have to say that I am very thankful for this trip. I also want to say thank you to the people that helped organize this trip. My experiences in Switzerland so far are tremendous. I have met numerous kind people. I also had a chance to broadcast my voice towards other people. I spoke about racial discrimination and juvenile justice. I also got a chance to visit the United Nations. Many people don't often receive a chance to go out of the country, so that's why I am very thankful. Switzerland is a very beautiful place when you get a chance to see it outside of the magazines and the internet. I have gone many places, the buildings are very nice and the people are very kind and patient. The food is great also. If I wasn't in CCA then none of these wonderful things would have happened to me. Thank you CCA.
Tuesday, February 19, 2008
A Little Time to Tour
Yesterday we were in meetings all day. We practiced at the main UN building and then went to present at the Palais Wilson. It was a long day and we were really tired.
This morning I got up, went to breakfast, and then went to a meeting to prepare for other events. After that we went on a tour with other young people. We went to
Tomorrow at 9 AM we are going back to the UN where we will answer the questions that the Committee has after hearing our testimony on Monday. I will be presenting tomorrow.
Get back to you tomorrow with information on how it went.
Monday, February 18, 2008
First Full Day of Work
I am sitting in the Palais Wilson, one of the United Nations buildings in Geneva Switzerland. I am listening to the testimony from activists and advocates around the United States testifying about the many ways that racial disparities affect our country. They are testifying before the U.N. Committee on the Elimination of Racial Discrimination, made up of 18 diplomats from countries about the world. It is a very sobering and yet empowering experience.
I am particularly proud of the young people from CCA who are testifying here today. They are two of four youth on the entire panel. Malik is speaking about his experience in detention after he was arrested as a juvenile. Jaquia is speaking about her experience being suspended from mainstream school. They are both talking about the changes that should take place - the ending of Zero Tolerance policies that send so many young people out of mainstream school and into the “school-to-prison” pipeline, changing laws that allow children to be prosecuted in the adult court system. They are also speaking for positive changes that can be made - more funding for schools, and particularly urban public schools, more programs like CCA that help young people stay in school and stay out of the juvenile justice system.
While Malik and Jaquia testify, the two other young people from CCA, also on the trip, Stash and Janiese, are documenting the entire experience. They are providing support for Jaquia and Malik, and speaking with lawyers, organizers, other young people who are also here in Geneva. There are many people here talking about issues related to the criminal justice system including testimony from children of incarcerated parents. Other issues that are being addressed include housing, infant mortality, the privatization of hospitals, Native American rights, immigrants’ rights and Katrina.
There are more than 120 people from the United State here as part of the U.S. Human Rights Network. Because of the many activists in Geneva, the U.S. government delegation is larger than at any time in the past, demonstrating that the government is taking the testimony and reports from the US Human Rights Network seriously. There are 24 members of the U.S. Delegation coming, including for the first time, a person from the state level, the Illinois Division of Human Rights Fair Housing Manager. This government attention bodes well for the possibility to improve human rights at home.
I am particularly proud of the young people from CCA who are testifying here today. They are two of four youth on the entire panel. Malik is speaking about his experience in detention after he was arrested as a juvenile. Jaquia is speaking about her experience being suspended from mainstream school. They are both talking about the changes that should take place - the ending of Zero Tolerance policies that send so many young people out of mainstream school and into the “school-to-prison” pipeline, changing laws that allow children to be prosecuted in the adult court system. They are also speaking for positive changes that can be made - more funding for schools, and particularly urban public schools, more programs like CCA that help young people stay in school and stay out of the juvenile justice system.
While Malik and Jaquia testify, the two other young people from CCA, also on the trip, Stash and Janiese, are documenting the entire experience. They are providing support for Jaquia and Malik, and speaking with lawyers, organizers, other young people who are also here in Geneva. There are many people here talking about issues related to the criminal justice system including testimony from children of incarcerated parents. Other issues that are being addressed include housing, infant mortality, the privatization of hospitals, Native American rights, immigrants’ rights and Katrina.
There are more than 120 people from the United State here as part of the U.S. Human Rights Network. Because of the many activists in Geneva, the U.S. government delegation is larger than at any time in the past, demonstrating that the government is taking the testimony and reports from the US Human Rights Network seriously. There are 24 members of the U.S. Delegation coming, including for the first time, a person from the state level, the Illinois Division of Human Rights Fair Housing Manager. This government attention bodes well for the possibility to improve human rights at home.
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