States must step up efforts to counter racial and ethnic
profiling – UN rights expert
GENEVA (30 June 2015) - The United Nations Special
Rapporteur on contemporary forms of racism, Mutuma Ruteere, called on
Governments across the world to boost their efforts to stop the widespread
practice of racial and ethnic profiling. Mr. Ruteere urged States to adopt
international standards and to pass specific legislation to counter the
practice.
“Racial and ethnic profiling violates multiple human
rights, including the right to live free from discrimination, the right to
equality before the law, the right to personal freedom and security and the
right to the presumption of innocence,” the expert said as he presented his
latest report* to the UN Human Rights Council.
“The practice of racial and ethnic profiling in law
enforcement constitutes a violation of human rights for the individuals and
groups targeted by these practices, because of the fundamentally discriminatory
nature and because it expands on discrimination already suffered as a result of
ethnic origin or minority status,” he stressed.
The Special Rapporteur warned that training and
awareness-raising, although a positive step in the right direction, “cannot
alone eradicate profiling in law enforcement.”
In his report, Mr. Ruteere urged States to adhere to the
different existing legal frameworks to fight the use of racial and ethnic
profiling in law enforcement such as the Durban Declaration and Programme of
Action, the International Convention on the Elimination of All Forms of Racial
Discrimination and the International Covenant on Civil and Political Rights
and, as well as several regional instruments.
The expert also encouraged States that have not enacted
specific legislation outlawing the use of racial and ethnic profiling “to
seriously consider doing so through clear and unequivocal prohibitions of the
use of the practice by law enforcement agencies.”
He also encouraged Governments to gather law enforcement
data, including statistics divided by ethnicity and race, noting that they are
essential in order to prove the existence and the extent of racial and ethnic
profiling.
“Investigative oversight bodies should have the authority
to address allegations of racial and ethnic profiling, and make practical
recommendations for policy changes,” Mr. Ruteere asserted. “They should be able
to conduct self-initiated investigations, as these activities are fundamental
to identifying discrimination and profiling by law enforcement agencies”.
The human rights expert called for the effective
regulation of the discretionary powers of law enforcement personnel in order to
reduce the risks of racial and ethnic profiling.
In that regard, he suggested complementary approaches,
such as improving the quality and precision of intelligence-gathering, making
sure that law enforcement agents use this information in their decision-making,
increasing the supervision of law enforcement officers’ discretionary
capacities and enhancing civilians’ understanding of their rights and
responsibilities in encounters with law enforcement agents.
Mr. Ruteere also submitted to the Human Rights Council
his report on the latest developments in the human rights and democratic
challenges posed by neo-Nazis, skinhead groups and similar extremist
ideological movements, particularly in the context of the current economic
crisis. Finally, the Special Rapporteur presented a report on the Republic of
Korea, following his official visit from 29 September to 6 October 2014.
(*) Check the reports:
http://www.ohchr.org/EN/Issues/Racism/SRRacism/Pages/ReportsHRC.aspx
Racial and ethnic profiling (A/HRC/29/46)
Extremist ideological movements (A/HRC/29/47)
Republic of Korea (A/HRC/29/46/Add.1)
ENDS
Mr. Mutuma Ruteere (Kenya) was appointed by the Human
Rights Council as Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance in November 2011. As Special
Rapporteur, he is independent from any government or organisation and serves in
his individual capacity. Learn more,
visit: http://www.ohchr.org/EN/Issues/Racism/SRRacism/Pages/IndexSRRacism.aspx
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity.
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