KGUN9 On Your Side, Tucson News, Weather & SportsU of A professor discusses his role in U.N. criticism of Arizona

U of A professor discusses his role in U.N. criticism of Arizona

Reporter: Linda Garrett
Web Producer:  Forrest Carr

TUCSON (KGUN9-TV) - An Arizona law professor working with the United Nations Office of the High Commissioner for Human Rights is defending his position on Arizona's new laws regarding immigration and ethnic studies -- and he says the U.N. inquiry is not over.

S. James Anaya is a professor of Human Rights Law and Policy at the University of Arizona.  He's also a member of a six-person human rights panel appointed by the U.N. that issued a statement last Monday in Geneva.  The U.N. statement criticizes Arizona's new crackdown on illegal immigration and a new law targeting the ethnic studies program at Tucson Unified School District.  It calls the new laws a "disturbing pattern of legislative activity hostile to ethnic minorities and immigrants."

Anaya was back in the office this week for the first time since the U.N. released the statement.  He told KGUN9 News that his primary role as U.N. Special Rapporteur is to help monitor human rights conditions around the world.  When questioned about how other nations are viewing Arizona right now, Anaya described international reactions as "very negative."

"In the last couple of weeks I've visited Mexico and Spain," Anaya said.  "Immediately upon learning I'm from Arizona people ask me about these laws with disbelief this can actually be happening."

The U.N. statement complains that the new Arizona law requires police to determine the immigration status of people based just on "reasonable suspicion" they are in the country illegally.  According to the statement, officers can arrest the person "without a warrant" if the officer has "probable cause" to believe the person is undocumented.

That statement mischaracterized the final version of SB 1070, which allows an officer to question a person's immigration status only if officer first stops that person for some other suspected offense.  It also mischaracterized the penalties of the law, saying the offense is "punishable by up to six months in jail."  The final version of SB 1070 actually allows a maximum of only 30 days in jail even for repeat offenders.

Anaya acknowledges that last-minute amendments to the law excluded race and national origin as a reason to question someone's immigration status except to the extent permitted by the United States or Arizona constitutions.  But he believes the language is still too vague and allows for officer discretion.

"Our concern is how it might be interpreted.  What we've seen is that legal experts interpret it differently here in the United States and in a discriminatory way," said Anaya. "This is not in compliance with the United States' obligations internationally to promote racial harmony - to eradicate the vestiges of historical discrimination that's plagued the United States, plagued Arizona." 

Anaya offered no apologies for the U.N. statement, nor did he offer to correct it.  Anaya told KGUN9 News that the essential issue remains.  "What we're talking about is an increase in the criminalization of behavior that's associated with immigration that, we fear, is disproportionate to the legitimate interest the United States has to secure its borders and regulate immigration."

In response to the U.N. criticism last week, the office of Arizona Governor Jan Brewer issued a brief statement pointing out that Arizona had to act because the federal government has failed to do so.   The governor's response did not sway Anaya.  He said the United Nations has a separate examination underway looking into U.S. immigration law.  But he added, "That shouldn't draw attention away from the Arizona law, which in my view exacerbates any problem that exists with the federal law by adding to the possibility of targeting a people on the basis of their racial and ethnic characteristics.  It is, in a sense, crossing the line, or potentially crossing the line, into an area that goes far beyond whatever federal law provides."

Anaya says the U.N. is also concerned about HB 2281, the new Arizona law restricting certain practices within public school ethnic studies programs -- a law Arizona schools superintendent  Tom Horne has acknowledged is aimed directly at TUSD's Mexican-American studies program.   The U.N. statement sharply criticized Horne, who authored and pushed for the law, saying that Horne has "repeatedly stated that the law is aimed at eradicating particular existing ethnic studies programs that provide instruction featuring the history, social dynamics, and cultural patterns of Mexican-Americans in the United States." 

Anaya defended TUSD's ethnic studies program to KGUN9 News.  "It is the kind of program that's fully in line with the United States' obligations to promote ethnic diversity, cultural harmony among diverse groups," said Anaya. "We're talking about a place where the American culture is in fact the Mexican-American culture.  We're talking about people who take pride in their diversity and not hate against another."

The language in HB 2281 does not actually ban ethnic studies.   In fact, the letter of the law contains at least some language with which Anaya can agree.  For instance, the law forbids study materials that advocate the overthrow of the U.S. government, or that fuel resentment against any ethnic groups.  Anaya told KGUN9 News that TUSD's program does none of those things, and in fact promotes racial harmony.  

But the law also bans programs that "advocate ethnic solidarity instead of the treatment of pupils as individuals."  Anaya calls that a "false dichotomy."  He told KGUN9 News that each ethnic group rightfully has its own sense of identity.  "We are not talking about people who are seditious or want to undermine the United States.  Quite the opposite.  Many of the people who are associated with these ethnic studies programs are very loyal Americans."  Anaya went on to say that what the ethnic studies program promotes is "a vision of America that includes them, rather than excludes them."  But he suggested those behind the law have a different vision of America.

Even so, Anaya made it clear that his concern with HB 2281 goes beyond the plain language of the law.  "Whatever its terms, it's clear that the motivation behind this -- and this is has been made clear by the superintendent of schools himself -- is to do away with ethnic studies at TUSD."

It's not every day the United Nations issues a statement criticizing the United States on  humanitarian grounds.   KGUN9 News asked Anaya how he feels, as an American, to have taken part in that process.   In response, Anaya said, "The United Nations has an interest in promoting human rights throughout the world.   No country -- however progressive in its application of human rights standards, however much with good intentions and good programs in place, and with courts that protect human rights and civil rights -- no country is outside the scope of this concern."

Anaya added that this inquiry is not over, and said the U.N. team will continue to monitor the situation in Arizona.  "This will be something I will report to the United Nations Human Rights Council.... It will be a subject of discussion."

Anaya said it's too early to talk about the possibility of U.N. sanctions, but acknowledged that the option is still on the table.

Editors' note:  this story was one in a series of five 9 On Your Side reports that KGUN9 News produced this week probing the controversy over Arizona's immigration and ethnic crackdowns.   Some of those stories resulted from viewer requests.  Links to the other four can be found in the "also on KGUN9.com" box on the left side of this page.