Lopsided federal sentencing policies on crack cocaine raise international human rights questions, according to the nonprofit Human Rights Watch. In an October 25, 1995, letter to President Clinton, HRW argued that the sentencing disparity between crack and powder cocaine offenses — a disparity that commits a disproportionate percentage of African-Americans to lengthy prison terms — amounts to a racially discriminatory policy.

HRW Executive Director Kenneth Roth told Clinton that, under Article 2(c) of the United Nations Convention on the Elimination of All Forms of Racial Discrimination, the United States must "amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination...."

The HRW letter was sent to Clinton to urge him to veto Senate Bill 1254, which keeps the disparate sentencing policies in place. The bill was passed by Congress in October to reject the U.S. Sentencing Commission's recommendation to lower crack penalties to the level of powder cocaine penalties.

Roth cited the commission's February report on cocaine sentencing to show that the disparity serves no useful purpose. Instead, Roth added, it makes matters worse by exacerbating racial tensions. Roth concluded that HRW could "only assume that Congress's decision to override the Sentencing Commission's recommendations remains based on ignorance and, more dangerously, a willingness to pander to public fears and prejudice."

Despite protests from Human Rights Watch and African-American leaders, Clinton signed S. 1254 on October 30.

HRW's letter was the organization's first entry into the drug policy fray. HRW plans to continue to be in the debate over reforming drug policy. Earlier this year, HRW created a new initiative to oversee the human rights problems generated by the global war on drugs. Ms. Jamie Fellner is directing HRW's special drug policy initiative and can be reached at HRW's offices: 485 Fifth Ave., New York, NY 10017- 6 104; phone: (2 I 2) 972-8400.