A/69/318
68. People of African descent should enjoy all the guarantees of a fair trial
and equality before the law, as enshrined in the relevant international human
rights instruments and, specifically, the right to presumption of innocence, the
right to assistance of counsel and to an interpreter, the right to an independent
and impartial tribunal and guarantees of fair punishment and the enjoyment of
all the rights to which prisoners are entitled under the relevant international
norms.
69. Acts of racial discrimination should be prosecuted and punished and the
victims fully compensated. The obligation to prosecute and punish should cover
all material or intellectual perpetrators of the violation. Cases of racial
discrimination must receive effective, proportionate and dissuasive sanctions
and remedies both to reduce impunity and to ensure that the victims are
reinstated to the dignity of which they were deprived.
70. Programmes should be in place to provide reparatory justice for people of
African descent as victims of racial discrimination and historical injustices,
including full recognition of wrongs committed.
71. Measures should be adopted to prevent questioning, arrests and searches
that are in reality based solely on the physical appearance of a person, that
person’s colour, features, membership of a racial or ethnic group, or any
profiling that exposes him or her to greater suspicion.
72. The administration of justice and the criminal justice system shall be
subjected to permanent monitoring and adequate review in order to better
gauge the existence and extent of racial discrimination. The judicial system
shall adopt special measures to recruit and promote persons of African descent.
73. The criminalization of race should be addressed, taking measures to
eliminate the overrepresentation of young people of African descent who are
subject to the criminal justice system, as well as double standards in sentencing.
The racial aspects of violence and imprisonment shall be recognized.
74. Potential discriminatory effects of certain domestic legislation should be
eliminated, in particular with regard to legislation on terrorism, immigration
and nationality, as well as legislation that has the effect of penalizing without
legitimate grounds certain groups or members of certain communities,
including people of African descent, and in any case, respecting the principle of
proportionality in its application.
75. Measures should be adopted to eliminate sociocultural ideologies inherited
from the enslavement period that perpetuate racism and racial discrimination
against people of African descent and their continued invisibility at all levels of
society. Programmes shall be established to preserve knowledge on the culture
and history of people of African descent in museums and other forums for
future generations, and efforts shall be made to encourage and support the
publication and distribution of books and other print materials, as well as the
broadcasting of television and radio programmes about their history and
cultures. States and civil society shall work with media and communications
companies to promote more positive and inclusive images and representations
of people of African descent to increase their visibility within society and
challenge negative stereotypes and resultant discrimination.
16/22
14-59293