United States Report on the Status of Minorities in the Americas

 Bureau of Democracy, Human Rights and Labor
United States Department of State
Country Reports on Human Rights Practices for 2011

[ProfRandall's note: This report was generated using a tool provided by the State Department. Interestingly, the state department did not exercise its responsibility to assess the human rights status of the United States. It also did not include North Africa as a part of Africa; rather including it in the Near East. Furthermore, it identified the Americas as the Western Hemisphere rather than North, Central and South America. ]


Antigua and Barbuda

No information in the subsection on National/Racial/Ethnic Minorities


Argentina

No information in the subsection on National/Racial/Ethnic Minorities


Bahamas, The

The country's racial and ethnic groups generally coexisted in a climate of peace. However, anti-Haitian prejudice and resentment regarding Haitian immigration was widespread. According to unofficial estimates, between 10 and 25 percent of the population were Haitians or persons of Haitian descent, making them the largest ethnic minority. Many persons of Haitian origin lived in shantytowns with limited sewage and garbage services, law enforcement,

or other infrastructure. Haitian children generally were granted access to education and social services, but interethnic tensions and inequities persisted. The Haitian community was characterized by high poverty, high unemployment, poor educational achievement, and poor health conditions. Haitians generally had difficulty in securing citizenship, residence, or work permits.

Members of the Haitian community complained of discrimination in the job market, specifically that identity and work-permit documents were controlled by employers seeking leverage by threat of deportation. Some also complained of tactics used by immigration officials in raids of Haitian or suspected Haitian communities.

In February immigration and RBDF officers were accused of using excessively aggressive tactics including crowbars and maul hammers to damage property and beat Haitian immigrants.

Haitians also claimed that authorities stole cell phones and money from them on a regular basis.


Barbados

No information in the subsection on National/Racial/Ethnic Minorities


Belize

No information in the subsection on National/Racial/Ethnic Minorities


Bolivia

There were some instances of racial discrimination by police. According to the Public Ministry, during the year there were 139 registered cases of

discrimination or racism, mostly in the provision of health and education services (other government sectors did not report). Of these cases, 18 percent involved verbal abuse, 15 percent were based on indigenous character or culture, and 10.8 percent involved sexual discrimination against women. None of the allegations resulted in more than administrative punishment.


Brazil

The law prohibits racial discrimination, specifically the denial of public or private facilities, employment, or housing to anyone based on race. The law also prohibits, and provides prison terms for, the incitement of racial discrimination or prejudice and the dissemination of racially offensive symbols and epithets. However, darker-skinned citizens, particularly Afro-Brazilians, frequently encountered discrimination.

The 2010 census reported for the first time that white persons constituted less than half the population of 190,755,799. A total of 91,051,646 claimed to be white, while 99,697,545 identified themselves as belonging to other categories.

Afro-Brazilians continued to be underrepresented in the government, professional positions, and middle and upper classes. They experienced a higher rate of unemployment and earned average wages below those of whites in similar positions. There was also a sizeable racial education gap.

According to 2010 census data, 76.2 percent of the state of Bahia was black and 79.4 percent of the capital city, Salvador, was black, yet the percentage of blacks serving in state and municipal legislatures was small. Both bodies were seeking to institute racial quotas to reverse this trend.

According to the Rio de Janeiro State Secretariat for Social Assistance and Human Rights, fewer than 10 of the state's 800 public defenders were black and only one of the state's 200 public prosecutors was black.

The Getulio Vargas Foundation survey of income inequality, released on May 3, showed a decline in income inequality from 2000 to 2010. The report revealed that the income of blacks rose 43 percent over the decade, compared with 21 percent for whites. Education was seen as the primary factor contributing to income growth (55 percent), while government social programs such as Bolsa Familia (15 percent) also played a role.

The July 2010 Racial Equality Statute continued to be controversial, due to its provision for nonquota affirmative action policies in education and employment.

According to a 2009 report by the Ministry of Education, 53 of 2,314 universities maintained affirmative action programs, including 40 major public universities in the Federal District and the states of Sao Paulo, Rio de Janeiro, Minas Gerais, Espirito Santo, and Bahia. A total of 5,834 self-declared students of color attended state and federal universities under the quota system in 2009.

At year's end the right of communities of descendants of escaped slaves (quilombos) to receive title to their land had not been fully implemented.


Canada

According to the Federal Statistical Agency, 1,473 incidents of hate crimes were reported to police in 2009 (an increase of 42 percent from 2008), of which 54 percent were motivated by race or ethnic bias. Blacks constituted the most commonly targeted racial group, accounting for 38 percent of racially motivated incidents, followed by South Asians at almost 13 percent. Racially motivated crimes against Arabs or West Asians increased from 37 incidents in 2008 to 75 in 2009. Approximately 40 percent of the hate crimes reported to police were violent.

On May 11, after a year-long investigation, the Quebec Human Rights Commission released a report finding that ethnic minorities in the province, and especially in Montreal, were subject to "targeted and disproportionate scrutiny by police forces." The commission recommended that the provincial government take remedial measures, including the amendment of the Quebec Charter of Rights, Police Act, and police code of ethics to prohibit racial profiling. The commission also recommended that government departments adopt action plans to tackle racial profiling and that police academies implement antiracism training.


Chile

No information in the subsection on National/Racial/Ethnic Minorities


Colombia

According to the 2005 national census, approximately 4.5 million persons, or 10 percent of the country's population, described themselves as of African descent. A November UN report estimated that Afro-Colombians composed 15 to 20 percent of the population, while human rights groups and Afro-Colombian organizations estimated the proportion to be 20 to 25 percent. Afro-Colombians are entitled to all constitutional rights and protections, but they faced significant economic and social discrimination. According to the UN report, 45.5 percent of the country's population lived below the poverty rate, but in Choco, the department with the highest percentage of Afro-Colombian residents, 70.5 percent of residents lived below the poverty line (41 percent in extreme poverty). Choco continued to experience the lowest per capita level of social investment and ranked last in terms of infrastructure, education, and health. Maternal mortality in Choco was four times higher than the national average. It also continued to experience some of the country's worst political violence, as organized criminal gangs and FARC and ELN guerrillas struggled for control of the department's drug- and weapons-smuggling corridor (see section 1.g.). The UN report further explained that illiteracy rates were six times the national average in Narino, another department with a high percentage of Afro-Colombians.

In 2010 the government approved a policy to promote equal opportunity for black, Afro-Colombian, Palenquera, and Raizal populations. (Palenquera populations along some parts of the Caribbean coast, Raizal populations in the San Andres archipelago, and blacks and Afro-Colombians are all Afro-descendents who self-identify slightly differently based on their unique linguistic and cultural heritages.) In November President Santos signed into law an antidiscrimination bill that imposes a penalty of one to three years in prison or a fine of approximately 5.3 million to 8 million pesos ($2,740 to $4,140). It also adds a chapter on discrimination to the penal code that includes not only racism but discrimination based on ethnic origin, religion, nationality, political ideology, sex, and sexual orientation.


Costa Rica

The greatest concentration of citizens of African descent (74 percent per the 2000 census) was in the Atlantic province of Limon, one of the least

developed areas of the country. In 2010 INEC reported that 24 percent of inhabitants in the Atlantic region lived in poverty. The Limon region had one of the highest rates of unemployment (8 percent in 2010) and crime (23 percent of the country's homicides from January to May). In February the Security Ministry declared the province of Limon a priority in its efforts to combat drug trafficking and organized crime. The government tried to implement the Port-City of Limon Project, a development program financed by the World Bank and the government; however, there were numerous public complaints that the project had not produced results. During the year authorities launched initial procurement processes; five of 12 institutions involved in the project began the process of contracting services and implementing public works. The scheduled date of completion was June 2014.

There were sporadic reports of discrimination, including labor discrimination, usually directed against Nicaraguans. The Immigration Office launched an awareness campaign highlighting the positive contributions of migrants living in the country.


Cuba

The government actively promotes racial integration and inclusiveness. Despite these efforts Afro Cubans often suffered racial discrimination, including disproportionate stops for identity checks and searches, and could be subject to racial epithets. Afro Cubans were represented disproportionately in neighborhoods with the worst housing conditions and were economically disadvantaged.

The country celebrated the International Year for People of African Descent by hosting a series of cultural events highlighting Afro-Cuban contributions as well as academic workshops on racism and discrimination.


Dominica

No information in the subsection on National/Racial/Ethnic Minorities


Dominican Republic

There was significant evidence of racial prejudice and discrimination against persons of dark complexion, but the government denied that such prejudice or discrimination existed and, consequently, did little to address the problem.

There were also strong prejudices against Haitians, which disadvantaged many Haitians and Dominicans of Haitian ancestry, as well as other foreigners of dark complexion. Few government officials acknowledged the existence of this discrimination; others regularly and publicly denied that it existed.

Local NGOs reported incidents where darker-skinned persons were denied access or services in banks, service in restaurants and stores, entry into

nightclubs, enrollment in private schools, and birth registration in hospitals. The government's 2009 UN Universal Periodic Review presentation asserted that the JCE's identity document rulings focused on fraud and that Haitians in the country could receive their identity documents in Haiti. The government also claimed there were no grounds to state that black Dominicans were being repatriated to Haiti and noted that authorities suspended repatriations on Fridays to prevent employers from using this as a tool to avoid paying laborers for the week's work.

Haitians continued to immigrate to the country in search of economic opportunity and relief, especially following the January 2010 earthquake. However, the Migration Directorate continued to carry out "devoluciones or "returns of undocumented Haitians to Haiti. Officials claimed that these removals should not be considered repatriations or deportations, although the distinction between the two was unclear. Some of those removed from the country reported that they were denied the opportunity to demonstrate that they were legal residents, to make arrangements for their families or property, or to express a credible fear of persecution or torture if returned to Haiti. NGOs reported that migration officials and security forces sometimes confiscated and destroyed expellees' residency documents and passports despite standing government orders to respect the human rights of the expellees. In some cases expellees with appropriate legal documents received permission to return.

Some Haitian immigrants and others lived in shantytowns or sugarcane work camps known as bateyes. As in many poor areas in other parts of the country, these were harsh environments with limited or no electricity, running water, sanitary facilities, or adequate schooling. In many bateyes medical assistance either was rudimentary or not readily available, and clean water was rarely available. Many batey residents, lacking documentation, felt they had little choice but to remain in their communities, where they felt relatively safe from the risks of deportation and harassment that existed elsewhere in the country.

Private enterprises in the sugar sector continued to make improvements at their facilities, a process that began in 2007, including new schools and both new and renovated housing. In the Barahona area, the sugar consortium opened the first phase of a new housing facility for its seasonal employees. The first phase provided secure housing for 280 employees, and a second phase is to double this, providing safe housing for 560 employees. The facility is for employees only and has a 24-hour medical clinic, a secure cashier from which the employees can receive their wages, individual lockers and locks assigned to each employee, restroom and shower facilities, a multipurpose area for dining and training, and a recreation field.


Ecuador

Afro-Ecuadorian citizens, who account for approximately 7 percent of the population according to the 2010 census, suffered pervasive discrimination, particularly with regard to educational and economic opportunity. The constitution declares the state to be plurinational and affirms the principle of nondiscrimination by recognizing the rights of indigenous, Afro-Ecuadorian, and Montubio (a rural, farming population recognized as an independent ethnic group) communities. It also mandates affirmative action policies to provide for the representation of minorities. A 2009 executive decree calls for all public sector bodies to ensure that "access to labor" reflects the percentage of the population of indigenous persons, Afro-Ecuadorians, and Montubios.

Afro-Ecuadorian organizations noted that, despite the absence of official discrimination, societal discrimination and stereotyping continued to affect them and resulted in barriers to employment, education, and housing. For instance, Afro-Ecuadorians continued to assert that police stopped them for document checks more frequently than they stopped other citizens and that employers often would not interview persons whose job applications carried Afro-Ecuadorian photos.

The Corporation for the Development of Afro-Ecuadorians noted that Afro-Ecuadorians still lacked access to basic education and that the school registration rate for Afro-Ecuadorian children was below the national average.


El Salvador

No information in the subsection on National/Racial/Ethnic Minorities


Grenada

Approximately 8 percent of the citizens are descendants of individuals who came to the country from India as indentured servants, many of whom found themselves in slave-like conditions. Some complained of residual discrimination based on their origins, although most have intermarried with persons of European or African descent.


Guatemala

No information in the subsection on National/Racial/Ethnic Minorities


Guyana

No information in the subsection on National/Racial/Ethnic Minorities


Haiti

No information in the subsection on National/Racial/Ethnic Minorities


Honduras

No information in the subsection on National/Racial/Ethnic Minorities


Jamaica

Maroons, descendants of slaves who escaped to the mountainous interior in the 17th and 18th centuries, considered themselves a group apart and maintained some African traditions distinct from those of the larger society. There were major infrastructural needs that the Maroons believed the central government neglected. Formal education was not available in Maroon communities beyond the junior high school level, and unemployment rates were high.

Many young Maroons left the region for employment elsewhere; this migration and the influx of popular island-wide culture threatened the communities' culture.


Mexico

No information in the subsection on National/Racial/Ethnic Minorities


Nicaragua

Various indigenous and other ethnic groups from the RAAN and RAAS attributed the lack of government resources devoted to the Atlantic coast to discriminatory attitudes toward the ethnic, racial, and religious minorities in those regions. While the racial makeup of the RAAN and RAAS historically has been black and Amerindian, increasing migration from the interior and Pacific Coast of the country made these groups a minority in many areas.

Exclusionary treatment based on race, skin color, and ethnicity was common, especially in higher-income urban areas. Darker-skinned persons of African descent from the RAAN and RAAS, along with others assumed to be from those areas, experienced discrimination, such as extra security measures and illegal searches by police.

Information on government efforts to address discrimination based on skin color, race, or ethnicity was not available.


Panama

Minority groups generally have been integrated into mainstream society, but problems continued with negative attitudes among all ethnic communities

toward members not belonging to their particular group. Prejudice was directed at recent immigrants; cultural and language differences and immigration status hindered integration into mainstream society by immigrant and first-generation individuals from China, India, and the Middle East. Additionally, some members of these communities were themselves reluctant to integrate into mainstream society. Members of these groups often owned major businesses or worked in the retail trade. A constitutional provision reserving retail trade for citizens of the country generally was not enforced.

The Afro-Panamanian community continued to be underrepresented in positions of political and economic power, and many black people remained clustered in economically depressed areas of Colon Province and Panama City. These areas conspicuously lacked government services and social-sector investment. Prejudice toward blacks was generally subtle, taking the form of unofficial "right-of-admission" policies at restaurants and commercial establishments that discriminated against darker-skinned individuals or those of lower social status.

The law prohibits discrimination in access to public accommodations such as restaurants, stores, and other privately owned establishments. However, cases of discrimination in public accommodation were not commonly filed.

There were reports of racial discrimination against various ethnic groups in the workplace. In general, lighter-skinned persons were represented disproportionately in management positions and jobs that required dealing with the public, such as bank tellers and receptionists. Some businesses discriminated against citizens with darker skin through preferential hiring practices.


Paraguay

No information in the subsection on National/Racial/Ethnic Minorities


Peru

The law provides all citizens equality before the law and forbids discrimination on the basis of race, national origin, or language. In actuality, however,

persons of African (Afro-Peruvian) descent faced societal discrimination and prejudice. Despite constituting a large minority, Afro-Peruvians generally did not hold leadership positions in government, business, or the military, with the exception of the nation's first female Afro-Peruvian cabinet member. Few Afro-Peruvians served as officers in the navy or air force.

In February the Ombudsman's Office published a report on the Afro-Peruvian community that cited structural discrimination and social exclusion as key barriers to integration into society and stated that Afro-Peruvians had particular difficulty accessing health and education services. NGOs alleged that employers often found ways to refuse to hire Afro-Peruvians or relegated them to low-paying service positions. The law prohibits the mention of race in job advertisements, although employers often required applicants to submit photographs.


Saint Kitts and Nevis

No information in the subsection on National/Racial/Ethnic Minorities


Saint Lucia

No information in the subsection on National/Racial/Ethnic Minorities


Saint Vincent and the Grenadines

No information in the subsection on National/Racial/Ethnic Minorities


Suriname

The law prohibits discrimination on the basis of race or ethnicity, and no such discrimination complaints were filed during the year. However, Maroons, who represent an estimated 15 percent of the population, generally continued to be disadvantaged in the areas of education, employment, and government services. Most Maroons lived in the interior, where limited infrastructure reduced their access to educational and professional opportunities and health and social services. Some forms of discrimination that affected indigenous Amerindians also extended to Maroons.


Trinidad and Tobago

No information in the subsection on National/Racial/Ethnic Minorities.


United States of America

The United States did not do an assessment of its own record on Human Rights. For another country's assessment see, China's report of the Human Rights Record of the United States in 2011.


Uruguay

The country's Afro Uruguayan minority continued to face societal discrimination. A National Bureau of Statistics study found that Afro-Uruguayans comprised 11 percent of the population and indigenous descendents constituted another 3 percent. A 2011 government report indicated that 80 percent of Afro-Uruguayans were poor. The study concluded that race was one of the factors responsible for socioeconomic inequality in the country. The NGO Mundo Afro stated that the percentage of Afro Uruguayans working as unskilled laborers was much larger than that for members of other groups. Afro-Uruguayans were underrepresented throughout government and academia and in the middle and upper echelons of private-sector firms.

The Mujica administration's five-year budget plan eliminated the advisory positions filled by Mundo Afro under the previous administration in all but two ministries. In 2010 the government created a commission to draft the first National Plan against Racism and Discrimination, but the commission did not produce any results during the year. The government continued its outreach to the Afro-Uruguayan community to encourage participation in the Quijano Scholarship Program for postgraduate work. However, Mundo Afro stated that this program had little impact since only 1 percent of Afro-Uruguayans attended college. The National Police Academy has included discrimination awareness training as part of its curriculum since 2008.

In 2011 Mundo Afro initiated a radio talk show and conducted other activities to raise awareness of racism and discrimination issues. Other outreach efforts included a pilot course to raise awareness about discrimination during UN Peace Missions at the National School for Peace Keeping Operations of Uruguay.


Venezuela

No information in the subsection on National/Racial/Ethnic Minorities.

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Vernellia R. Randall
Professor of Law
The University of Dayton
School of Law
Dayton, OH 45469-2772
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