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As The Guardian reports, in response to the outrageous and illegal treatment of Yemeni-Americans at the U.S. Embassy in Sanaa, nine civil rights groups who created this website have asked the United Nations Committee on the Elimination of Racial Discrimination (CERD) to question the U.S. government about a pattern of passport confiscations that appear to single out Yemeni-Americans at its August 2014 review of the United States in Geneva.
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Over a dozen Yemeni-Americans, and likely many more, have had their U.S. passports confiscated at the U.S. Embassy in Sanaa since 2012, according to the report. These individuals were subjected to a variety of abusive practices, including a coercive interrogation by law enforcement that lasted several hours. These individuals were not informed of their right to an attorney or their right to remain silent, and were ultimately pressured to sign “confessions” of immigration or identity fraud against their will. Their passports were then confiscated at the Embassy by law enforcement in violation of U.S. law: individuals were not provided a written explanation for the confiscation, an opportunity to defend against the allegations, or a way to return home to the United States for several months, an unreasonable and unjustifiable period of time. Many individuals were, and continue to be, stuck in Yemen, separated from their homes, families, and jobs, for a year or longer. Many still do not have their U.S. passports.
The 8-page “shadow report” to CERD details the Embassy’s behavior and explains why it is illegal under U.S. and international law. According to the report, the U.S. Embassy clearly violated the constitutional rights of the affected individuals. The U.S. Constitution guarantees U.S. citizens an absolute right to return to the United States, even if they do not possess passports. It also requires that U.S. citizens whose passports are taken away be provided with written notice and a prompt opportunity to defend themselves. These protections were not afforded at the U.S. Embassy in Sanaa.
The Report is an effort to hold the U.S. accountable to its international human rights obligations and to obtain transparency and accountability for actions the U.S. government has refused to acknowledge, explain, or halt.
What is CERD?
ICERD is an international human rights treaty addressing elimination of racism, and racial discrimination. The treaty defines discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” Over 170 countries have signed and ratified ICERD, including the U.S., which signed and ratified the treaty in 1994.
The CERD Committee will be reviewing the U.S. government’s compliance with the International Convention on All Forms of Racial Discrimination (ICERD) in August 2014, during a two-day public review in Geneva, Switzerland.
Despite attempts to obtain information directly from the U.S. Government, advocates have been unable to get a full accounting about why these confiscations occurred, whether they are still occurring, whether there has been an investigation, and whether any individuals will be held accountable for this violation of U.S. constitutional principles and the U.S.’ treaty obligations under ICERD. Advocates are asking the CERD Committee to help in getting these answers and in holding the U.S. accountable for the violations.
* The groups submitting the report are Asian Americans Advancing Justice—Asian Law Caucus and Los Angeles Affiliates, American Civil Liberties Union of Northern California and Southern California Chapters, Arab Resource and Organizing Center, Center for Constitutional Rights, Council on American Islamic Relations—California Chapter, Creating Law Enforcement Accountability and Responsibility Project at CUNY Law School, and the Muslim Legal Fund of America.
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The shadow report is available at http://bit.ly/reportpassports.