U.S. Human Rights Defenders File Petition in Human Rights Tribunal for the Americas

Summary: The Invest-In Project has filed a legal petition
of human rights violations with the Inter-
American Commission on Human Rights. The
petition, which exposes the human rights
situations in San Diego, California, and the US,
was sent to every member nation of the inter-
American human rights system, as well as to
UN members and the Special Rapporteur on
Education.

FOR IMMEDIATE RELEASE: April 4, 2005

U.S. Human Rights Defenders File Petition in Human Rights Tribunal for
the Americas

Mayor, City Council, County Board of Supervisors, Governor, Congress,
President All Held Responsible

Today marks the anniversary of Dr. King's assassination. Three years
prior to his death, on the anniversary of our nation's birth, July 4,
1965, he prophetically warned us that "now more than ever before,
America is challenged to realize its dream, for the shape of the world
today does not permit our nation the luxury of an anemic democracy. And
the price that America must pay for the continued oppression of the
[most vulnerable] groups is the price of its own destruction. For the
hour is late. And the clock of destiny is ticking out. We must act now
before it is too late." In an attempt to "save the soul of America" and
carry on the life and work of Dr. King, the Invest-In Project has
honored him not with words, but with the act of filing a legal petition
of human rights violations with the Inter-American Commission on Human
Rights (IACHR). The formal petition, which exposes the human rights
situations in San Diego, the State of California, and the United States
of America, was sent to every member nation of the inter-American human
rights system, as well as to all the members of the United Nations and
the UN Special Rapporteur on the Human Right to Education. Please read
this important document, which is attached as a PDF file.

The IACHR is one of the two bodies in the inter-American system for the
promotion and protection of human rights. The Commission is an
autonomous organ of the Organization of American States (OAS). Its
mandate is found in the OAS Charter and the American Convention on
Human Rights. The U.S. has not ratified the Convention even though the
OAS and the IACHR are headquartered in Washington, DC. However, the
U.S. did adopt the American Declaration on the Rights and Duties of Man in
1948 after having the "barbarous acts" from World War II and the Great
Depression freshly in its mind. The Declaration, along with the OAS
Charter and customary international human rights law, provide the
Invest-In Project with "jurisdiction" to file this petition.

One month ago, China responded to the United States' annual reporting on
the human rights situation of every nation in the world by publishing
their own report. Using many U.S. sources, the report details the
violation of human rights in America in 2004. The report concluded by
declaring that "the US should reflect on its own behavior and take its
own human rights problems seriously instead of indulging itself in
publishing reports on other countries." China, like the Invest-In Project's
petition, specifically highlights San Diego and California in their report.
Below are a few excepts. The full text can be found at:
http://english.people.com.cn/200503/03/eng20050303_175406.html.

II. On Political Rights and Freedom

The United States claims to be "a paragon of democracy," but American
democracy is manipulated by the rich and malpractices are common.
Elections in the United States are in fact a contest of money. The
presidential and Congressional elections last year cost nearly 4 billion
US dollars, some 1 billion US dollars or one third more than that spent
in the 2000 elections.

III. On Economic, Social and Cultural Rights

The United States refuses to ratify the International Covenant on
Economic, Social and Cultural Rights and took negative attitude to the
economic, social and cultural rights of laborers. Poverty, hunger and
homelessness have haunted the world richest country...The city of San
Diego has a homeless population of 8,000, but the government could only
provide 3,000 temporary beds. Those without lodging tickets are regarded
illegal to live on the streets. They would be summoned or detained. In
January 2004, an investigator with the US Commission on Human Rights
denounced the US for large-scale infringement on human rights on housing
issue.

V. On The Rights of Women and Children

...Child poverty was a serious problem. The Chicago Tribune reported on
Aug. 27, 2004 that the number of children in poverty climbed from 12.1
million in 2002 to 12.9 million in 2003...About 20 million children
lived in "low-income working families" - with barely enough money to
cover basic needs (AP Washington, Oct. 12, 2004). In California, one in
every six children did not have medical insurance...Poverty deprived
many children the opportunity to obtain higher education. In the 146
renowned institutions of higher learning, only 3 percent of the students
came from the low-income class, while 74 percent of them were from the
high-income class.

Ironically, last Thursday night, on the birthday of the late Cesar
Chavez, another Invest-In Project hero, Elena Salsitz, a representative
for the Mayor of San Diego, gave the former United Nations High
Commissioner for Human Rights, Mary Robinson, a key to the city before
she gave a lecture on human rights at the Joan Kroc Institute for Peace
& Justice. This empty gesture was done only a few weeks after Mayor Dick
Murphy arrested Human Rights Defenders from the Invest-In Project for
seeking to realize the UN High Commissioner's definition of "good
governance" in San Diego. The "good governance" quote below has been
used throughout our "Do You Believe in Human Rights?" Campaign.

"Governance is the process whereby public institutions conduct public
affairs, manage public resources and guarantee the realization of human
rights. Good governance accomplishes this in a manner essentially free
of abuse and corruption, and with due regard for the rule of law. The
true test of 'good' governance is the degree to which it delivers on the
promise of human rights: civil, cultural, economic, political and social
rights. The key question is: are the institutions of governance
effectively guaranteeing the right to health, adequate housing,
sufficient food, quality education, fair justice and personal security?"

The creation of modern human rights law began here in California in
1945. Yet, despite Eleanor Roosevelt's leadership in the creation of the
Universal Declaration of Human Rights and Congress unanimously voting to
locate the United Nations headquarters in New York, our human rights
record is appalling. With this petition and our King-like actions, we
seek to bring human rights home!

Core Human Rights Treaties

Ratified by U.S.?

1. International Covenant on Civil & Political Rights - Yes

2. International Covenant on Economic, Social, & Cultural Rights - No

3. Convention on the Elimination of All Forms of Discrimination against
Women - No

4. Convention on the Rights of the Child - No

5. International Convention on the Elimination of All Forms of Racial
Discrimination - Yes

6. International Convention on the Protection of the Rights of All
Migrant Workers & Members of Their Families - No

7. Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment - Yes

"[America & San Diego can no longer be]. . . judged by its military or
economic strength, nor by the splendor of its [beaches], capital cities
and public buildings [sports stadiums], but by the well-being of its
peoples; by their levels of health, nutrition and education; by their
opportunities to earn a fair reward for their labors; by their ability
to participate in the decisions that affect their lives; by the respect
that is shown for their civil and political liberties; by the provision
that is made for those who are vulnerable and disadvantaged; and by the
protection that is afforded to the growing minds and bodies of their
children." UNICEF

Human Rights Report Card

HUMAN RIGHT

UNITED STATES

SAN DIEGO

Right to an Adequate Standard of Living

Art. 25(1) UDHR

12 million children live in poverty in the richest nation on earth. More
than 26 million (37%) American children live in low-income families.

Almost 1 out of 4 children (22%) in "America's Finest City" live in
poverty; 61% of the jobs created in SD County pay less than $25,000.

Right to Housing

Art. 25(1) UDHR

25% of the 2 million people who are homeless are children. An estimated
12 million households pay more then 50% of their annual incomes for
housing, and a family with one full-time worker earning the minimum wage
cannot afford the fair-market rent for a 2-bedroom apartment anywhere in
the U.S.

63% of tenants are unable to afford the Fair Market Rent for a 2 bedroom
apartment. San Diego is the 4th least affordable city in U.S. The median
price of a home is over $500,000 and rapidly approaching $600,000. Home
prices are so high that only 10% of San Diegans could qualify for a
median priced home.

Right to Education

Art. 26 UDHR

50 years after Brown v. Board of Education and our schools are still
separate and unequal by not only race but class too. 40 to 44 million
Americans are functionally illiterate. Urban & rural public schools are
inadequately resourced.

Only 62% of high school students in San Diego City Schools graduate, and
only 1 in 3 leave high school prepared to do college work. Fewer than
half of Latino students and only 54% of Black students graduate.
Corporate occupation of the public schools is widespread with the likes
of Bill Gates, Hewlett family, etc.

Right to Health

Art. 25(1) UDHR

44 million Americans lack health insurance; many millions more are
underinsured, infant mortality is higher than any other highly
industrialized nation, and the US is only industrialized country in the
world without universal health care.

700,000 San Diegans, 25% of the County's population lack health
insurance. More than 100,000 uninsured are children. 85% of uninsured
San Diegans are employed.

Right to Food

Art. 25(1) UDHR

In 2001, the number of Americans who were food insecure, or hungry or at
risk of hunger was 33.6 million, including at least 13 million children.

SD Food Bank distributes more than 10 million meals in SD County every
year. 48% of people served by the Food Bank are children. 50% of
households served have at least one employed adult.

Right to Just Social Order

Art. 28 UDHR

The richest 1% of American households control 40% of the national wealth
while 80% of the population controls less than 20% of the national
wealth - the most extreme levels of economic inequality of any highly
industrialized country.

In 2003, San Diego resident & Qualcomm CEO Irwin Jacobs raked in
$8,331,520 in total compensation. Jacobs also had another $215,504,205
in stock options. With "his" $224 million, how many poor children could
he feed just by himself?

Universal Declaration of Human Rights, Article 28. Everyone is entitled
to a social and international order in which the rights & freedoms set
forth in this Declaration can be fully realized.

"[Charles] Loach, a research engineer who was employed for 20 years in
San Diego before losing his job six months ago, said this market is
unlike any he's ever seen. Loach said companies are so focused on the
short term these days that employees are treated like a commodity,
something to buy when times are good and dump if their employers are in
danger of missing their quarterly projections." August 16, 2004 San
Diego Union-Tribune

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