| BARRIOZONA |
| Bilingual Community Expression Published by the Hispanic Institute of Social Issues |
| Text and photograph by Eduardo Barraza |
part II
A recently-released report by the Special
Rapporteur of the United Nations, which
mission was to examine and report on
the status of the human rights of
migrants living in the United States,
concluded that there are serious
concerns about the situation of migrants
in the country.
Dr. Jorge Bustamante, Special
Rapporteur of the Human Rights Council
of the U.N. documents in the report his
concerns, which focus on the context of
specific aspects of deportation and
detention policies, and with regard to
specific groups such as migrant workers
in New Orleans and the Gulf Coast in
the aftermath of Hurricane Katrina,
migrant farm workers, and migrants in
detention facilities. To conduct his
examination, Bustamante visited cities
like Los Angeles, Tucson, New York and
Atlanta.
Rapporteur of the United Nations, which
mission was to examine and report on
the status of the human rights of
migrants living in the United States,
concluded that there are serious
concerns about the situation of migrants
in the country.
Dr. Jorge Bustamante, Special
Rapporteur of the Human Rights Council
of the U.N. documents in the report his
concerns, which focus on the context of
specific aspects of deportation and
detention policies, and with regard to
specific groups such as migrant workers
in New Orleans and the Gulf Coast in
the aftermath of Hurricane Katrina,
migrant farm workers, and migrants in
detention facilities. To conduct his
examination, Bustamante visited cities
like Los Angeles, Tucson, New York and
Atlanta.
NOGALES, ARIZONA- Dr. Jorge Bustamante, Special Rapporteur of the Human
Rights Council of the U.N., visited the U.S. Mexico border to witness detention and
deportation procedures, and cities like Nogales, in the state of Arizona.
Rights Council of the U.N., visited the U.S. Mexico border to witness detention and
deportation procedures, and cities like Nogales, in the state of Arizona.
| U.N. Report Finds Serious Violations in Treatment of Migrants by U.S. Authorities |
According to its stated mission, the Council is responsible for promoting universal respect for the protection of all
human rights and fundamental freedoms for all, as well as to address situations of violations of human rights, and
make recommendations thereon.
The Special Rapporteur learned about the lack of due process for non-citizens in United States deportation
proceedings, as well as their ability to challenge the legality or length of their detention. Bustamante highlights
cases where immigrant detainees spend days in solitary confinement, with overhead lights kept on 24 hours a day,
and often subjected to conditions of extreme heat and cold. Official sources show the United States Government
detains over 230,000 people a year.
According to the special rapporteur, international conventions require that the decision to detain someone should
be made on a case-by-case basis, and conducted after an assessment of the functional need to detain a particular
individual. This evaluation —he observes— does not appear to be sufficient, therefore, detention policies in the
United States constitute serious violations of international due process standards.
Among the violations, the report includes legal breaches such as failing to promptly inform detainees of the charges
against them; failing to promptly bring detainees before a judicial authority; denying broad categories of detainees
release on bond without individualized assessments; subjecting detainees to investigative detention without
judicial oversight; and, denying detainees access to legal counsel.
Salvador Reza, coordinator for the Macehualli Day Labor Center in Phoenix, Arizona, maintains that there is a
relation between racism from members of the community and the authorities that fail to respect human rights.
“Bustamante’s report is really good, but due to its diplomatic tone does not go very far; I believe there is a direct
connection between states legislatures and the federal government with hate groups across the nation. The
violation of human rights comes down from high levels; it is a sophisticated plan to promote hate against migrants.”
Reza recently returned from attending the Committee on the Elimination of Racial Discrimination (CERD) in Geneva,
Switzerland, where he denounced the type of abuses cited in the report.
Bustamante expresses dismay in affirming that xenophobia and racism towards migrants in the United States has
worsened since 9/11. He states that the current xenophobic climate adversely affects many sections of the migrant
population, and has a particularly discriminatory and devastating impact on many of the most vulnerable groups in
the migrant population, including children and unaccompanied minors among other groups.
Yvonne Watterson, the principal of GateWay Early College High School in Phoenix, where undocumented and
refugee students attend, said she has witnessed some of this impact on children. “I think the most significant
impact has been on their sense of stability. With the (Arizona) Employer Sanctions law, these kids, who are
essentially Americans, live in fear of their parents going back to Mexico and taking them too. Such a report –she
adds- is vital in that it forces us to hold up the mirror and look at ourselves and our treatment of innocent children.”
Watterson received the “2008 Martin Luther King Jr., Living the Dream Award” last January, for her advocacy work
with undocumented students.
In the opinion of Stella Pope-Duarte, an Arizona educator and author, “children who for reasons of current
immigration laws, are separated from their parents suffer greatly, not only in the actual separation from the
parents, but also by becoming prey to strangers who may take advantage of their vulnerability, as is seen when
minors suffer rape and abduction. As an educator, I have known many children separated from families due to unfair
immigration laws, and have seen close up the depression, anxiety and trauma that is caused.” Pope-Duarte has
been actively participating in recent protests and marches in Phoenix.
The report establishes that the United States lacks a clear, consistent, long-term strategy to improve respect for
the human rights of migrants. Bustamante notes, that although there are national laws prohibiting discrimination in
the U.S., there is no national legislative and policy framework implementing protection for the human rights of
migrants against which the federal and local programs and strategies can be evaluated to assess to what extent
the authorities are respecting the human rights of migrants.
Chris Newman, Director of Legal Programs for the National Day Laborer Organizing Network, in Los Angeles,
California, feels Bustamante’s report confirms current prevailing conditions. “This report reaffirms what migrants in
the U.S. have known for sometime —namely, the current U.S. immigration policy creates conditions for grave
domestic human rights violations. Lawmakers in Congress would be wise to take the Special Rapporteur's report
very seriously, and to redress the alarmingly widespread rights violations committed against migrants. We are
particularly pleased the report highlights the unlawful racial profiling resulting from so-called 287(g) local
immigration enforcement agreements.”
The Special Rapporteur concludes that due to the many issues mentioned in his report, is evident the United States
has failed to adhere to its international obligations to make the human rights of the 37.5 million migrants living in
the country (according to Government census data from 2006) a national priority, using a comprehensive and
coordinated national policy based on clear international obligations.
Based on his findings, Bustamante calls for the creation of a federal institution with an exclusive mandate dedicated
to the pursuit of human rights for migrants. Such a national body would truly represent the voices and concerns of
the migrant population —writes Bustamante— as well as address underlying causes of migration and the human
rights concerns of migrants within the United States.
The report can be read in its entirety in this link: www2.ohchr.org/english/bodies/hrcouncil/docs/7session/A-HRC-7-
12-Add2.doc or by downloading this PDF attachment.
human rights and fundamental freedoms for all, as well as to address situations of violations of human rights, and
make recommendations thereon.
The Special Rapporteur learned about the lack of due process for non-citizens in United States deportation
proceedings, as well as their ability to challenge the legality or length of their detention. Bustamante highlights
cases where immigrant detainees spend days in solitary confinement, with overhead lights kept on 24 hours a day,
and often subjected to conditions of extreme heat and cold. Official sources show the United States Government
detains over 230,000 people a year.
According to the special rapporteur, international conventions require that the decision to detain someone should
be made on a case-by-case basis, and conducted after an assessment of the functional need to detain a particular
individual. This evaluation —he observes— does not appear to be sufficient, therefore, detention policies in the
United States constitute serious violations of international due process standards.
Among the violations, the report includes legal breaches such as failing to promptly inform detainees of the charges
against them; failing to promptly bring detainees before a judicial authority; denying broad categories of detainees
release on bond without individualized assessments; subjecting detainees to investigative detention without
judicial oversight; and, denying detainees access to legal counsel.
Salvador Reza, coordinator for the Macehualli Day Labor Center in Phoenix, Arizona, maintains that there is a
relation between racism from members of the community and the authorities that fail to respect human rights.
“Bustamante’s report is really good, but due to its diplomatic tone does not go very far; I believe there is a direct
connection between states legislatures and the federal government with hate groups across the nation. The
violation of human rights comes down from high levels; it is a sophisticated plan to promote hate against migrants.”
Reza recently returned from attending the Committee on the Elimination of Racial Discrimination (CERD) in Geneva,
Switzerland, where he denounced the type of abuses cited in the report.
Bustamante expresses dismay in affirming that xenophobia and racism towards migrants in the United States has
worsened since 9/11. He states that the current xenophobic climate adversely affects many sections of the migrant
population, and has a particularly discriminatory and devastating impact on many of the most vulnerable groups in
the migrant population, including children and unaccompanied minors among other groups.
Yvonne Watterson, the principal of GateWay Early College High School in Phoenix, where undocumented and
refugee students attend, said she has witnessed some of this impact on children. “I think the most significant
impact has been on their sense of stability. With the (Arizona) Employer Sanctions law, these kids, who are
essentially Americans, live in fear of their parents going back to Mexico and taking them too. Such a report –she
adds- is vital in that it forces us to hold up the mirror and look at ourselves and our treatment of innocent children.”
Watterson received the “2008 Martin Luther King Jr., Living the Dream Award” last January, for her advocacy work
with undocumented students.
In the opinion of Stella Pope-Duarte, an Arizona educator and author, “children who for reasons of current
immigration laws, are separated from their parents suffer greatly, not only in the actual separation from the
parents, but also by becoming prey to strangers who may take advantage of their vulnerability, as is seen when
minors suffer rape and abduction. As an educator, I have known many children separated from families due to unfair
immigration laws, and have seen close up the depression, anxiety and trauma that is caused.” Pope-Duarte has
been actively participating in recent protests and marches in Phoenix.
The report establishes that the United States lacks a clear, consistent, long-term strategy to improve respect for
the human rights of migrants. Bustamante notes, that although there are national laws prohibiting discrimination in
the U.S., there is no national legislative and policy framework implementing protection for the human rights of
migrants against which the federal and local programs and strategies can be evaluated to assess to what extent
the authorities are respecting the human rights of migrants.
Chris Newman, Director of Legal Programs for the National Day Laborer Organizing Network, in Los Angeles,
California, feels Bustamante’s report confirms current prevailing conditions. “This report reaffirms what migrants in
the U.S. have known for sometime —namely, the current U.S. immigration policy creates conditions for grave
domestic human rights violations. Lawmakers in Congress would be wise to take the Special Rapporteur's report
very seriously, and to redress the alarmingly widespread rights violations committed against migrants. We are
particularly pleased the report highlights the unlawful racial profiling resulting from so-called 287(g) local
immigration enforcement agreements.”
The Special Rapporteur concludes that due to the many issues mentioned in his report, is evident the United States
has failed to adhere to its international obligations to make the human rights of the 37.5 million migrants living in
the country (according to Government census data from 2006) a national priority, using a comprehensive and
coordinated national policy based on clear international obligations.
Based on his findings, Bustamante calls for the creation of a federal institution with an exclusive mandate dedicated
to the pursuit of human rights for migrants. Such a national body would truly represent the voices and concerns of
the migrant population —writes Bustamante— as well as address underlying causes of migration and the human
rights concerns of migrants within the United States.
The report can be read in its entirety in this link: www2.ohchr.org/english/bodies/hrcouncil/docs/7session/A-HRC-7-
12-Add2.doc or by downloading this PDF attachment.
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