A/HRC/14/18
70.
Mr. Murillo explained that, although people of African descent were counted prior
to the abolition of slavery, the practice was discontinued when constitutions on the
continent had recognized only one race and religion. Difference was considered a threat to
national unity. That fear of diversity had a negative impact on the visibility of people of
African descent who disappeared from the radar until the twenty-first century. The
constitutional and legal recognition of diversity was therefore closely linked to the
appearance of ethnicity and race in population censuses.
71.
As for the Millennium Development Goals, Mr. Murillo reported that it would be
impossible for any country in South America to achieve the Goals without adopting special
measures for indigenous peoples and people of African descent. Education, social
protection and employment were the three main pillars of development in which special
measures needed to be implemented.
72.
The Chair of the Working Group clarified that the current session did not seek to
exhaust the subject of disaggregated data, but merely intended to start the discussion on the
topic. She added that the Working Group would consider the proposal of dedicating a
separate session to disaggregated data collection in all its complexities.
4.
Structural discrimination in administration of justice
73.
At the 5th meeting, on 14 April, Mr. Sicilianos, a member of the Working Group,
highlighted in his presentation the importance of the Committee on the Elimination of
Racial Discrimination’s general recommendation No. 31 (2005) on the prevention of racial
discrimination in the administration and functioning of the criminal justice system. He
pointed out that a number of indicators might be helpful for the detection of structural
discrimination, inter alia: the number and percentage of people of African descent who are
victims of aggression or other offences, especially when they are committed by State
officials; the absence or small number of complaints, prosecution and convictions relating
to acts of racial discrimination in the respective country; lack or insufficient information on
the behaviour of law enforcement officials vis-à-vis people of African descent and lack or
small number of complaints against law enforcement officers; higher crime rates attributed
to that group; harsher or disproportionate sentences; the number and percentage of people
of African descent held in prison or preventive detention; and insufficient representation of
people of African descent among law enforcement officials.
74.
In accordance with the Committee’s general recommendation No. 31, Mr. Sicilianos
also highlighted some legislative indicators: any gaps in domestic legislation; and the
potential indirect discriminatory effect of certain domestic laws, such as legislation on
terrorism. The expert noted that some countries claimed that they did not face certain
problems and therefore legislation was not needed to address the respective issue, which
was not in conformity with the provisions of the International Convention on the
Elimination of All Forms of Racial Discrimination. Furthermore, it was pointed out that
legislation on terrorism, immigration or deportation often disproportionately affected
people of African descent.
75.
Mr. Sicilianos noted that challenges must be overcome and efforts should be
intensified. He suggested that States carefully analyse their systems and ensure that people
of African descent have access to justice, including access to free legal assistance where
attention is also paid to the quality of the legal aid and the availability of translation, if
needed. The expert noted that such legal assistance regimes could be put in place in
collaboration with NGOs.
76.
Mr. Sicilianos also emphasized the need for training of law enforcement officials so
that victims are received in police stations in a satisfactory manner; complaints are recorded
accurately and immediately and investigations are pursued without delay in an effective,
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