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restricted possibilities for the concerned persons to be informed about such measures and to
effectively challenge them. Furthermore, the Committee is concerned that the State Party,
including through the National Security Agency (NSA), has monitored and still monitors phone,
email, and fax communications of individuals both within and outside the U.S., without any
judicial or other independent oversight. (articles 2(3) and 17)
The State party should review sections 213, 215 and 505 of the Patriot Act to ensure
full compatibility with article 17 of the Covenant. The State party should ensure
that any infringement on individual’s rights to privacy is strictly necessary and
duly authorized by law, and that the rights of individuals to follow suit in this
regard are respected.
22.
The Committee is concerned with reports that some 50 % of homeless people are African
American although they constitute only 12 % of the United States population. (articles 2 and 26)
The State party should take measures, including adequate and adequately
implemented policies, to bring an end to such de facto and historically generated
racial discrimination.
23.
The Committee notes with concern reports of de facto racial segregation in public
schools, reportedly caused by discrepancies between the racial and ethnic composition of large
urban districts and their surrounding suburbs, and the manner in which schools districts are
created, funded and regulated. The Committee is concerned that the State party, despite
measures adopted, has not succeeded in eliminating racial discrimination such as regarding the
wide disparities in the quality of education across school districts in metropolitan areas, to the
detriment of minority students. It also notes with concern the State party’s position that federal
government authorities cannot take legal action if there is no indication of discriminatory intent
by state or local authorities. (articles 2 and 26)
The Committee reminds the State party of its obligation under articles 2 and 26 of
the Covenant to respect and ensure that all individuals are guaranteed effective
protection against practices that have either the purpose or the effect of
discrimination on a racial basis. The State party should conduct in-depth
investigations into the de facto segregation described above and take remedial steps,
in consultation with the affected communities.
24.
The Committee, while welcoming the mandate given to the Attorney General to review
the use by federal enforcement authorities of race as a factor in conducting stops, searches, and
other enforcement procedures, and the prohibition of racial profiling made in guidance to federal
law enforcement officials, remains concerned about information that such practices still persist in
the State party, in particular at the state level. It also notes with concern information about racial
disparities and discrimination in prosecuting and sentencing processes in the criminal justice
system. (articles 2 and 26)
The State party should continue and intensify its efforts to put an end to racial
profiling used by federal as well as state law enforcement officials. The Committee
wishes to receive more detailed information about the extent to which such practices