A/72/165
12. Violence against minorities throughout the world demonstrates that action is
required in all regions to protect minorities at risk. In many cases, violence is
committed with impunity, which can fuel further violence. In her report, the Speci al
Rapporteur seeks to identify some of the major causes of violence against minorities
and to consider action that should be taken by States and other actors to prevent and
appropriately address violence and to ensure that it does not persist or escalate.
Such causes include exclusionary ideologies, deficits of democracy and rule of law,
hate speech, past and unresolved grievances, a history of ethnic or religious tensions
between groups without reconciliation, agitation of ethnic or religious components
by political leaders and impunity when perpetrators act without consequences.
13. Predicting and preventing violence must not remain an academic exercise.
Post-violence analysis has helped to develop indicators and improve the potential to
raise the alarm and trigger early warning mechanisms; however, analysis conducted
after violence has begun means that the action taken is often too little and too late.
The lessons of past atrocities must be put into practice when the warning signs are
clear and States must become more capable of responding to them.
14. The comprehensive implementation of minority rights, non -discrimination and
equality standards constitutes an important foundation for the prevention of violence
against minority communities and helps to establish the conditions for stability and
harmonious relations among population groups. Mechanisms to ensure dialogue,
consultation and participation, the fundamental principles of minority rights, should
be established to assist States in understanding the situations of minorities, their
issues and their concerns. Where violence has previously taken place, such
mechanisms are of particular relevance, including in post -conflict and post-violence
reconciliation and peacebuilding processes. Establishing instit utions for the
protection of minority rights and ensuring attention to minority rights within
existing national and human rights institutions are essential violence prevention
measures. Such institutional attention facilitates early warning and early respo nse
and the establishment of the appropriate policy frameworks and violence prevention
strategies that are essential to the prevention of violence.
4.
2015: Minorities in the criminal justice system (A/70/212)
15. The Special Rapporteur is alarmed by the many allegations that she has
received of human rights violations committed against minorities in the
administration of criminal justice, owing to their minority status. This report
addresses the rights of minorities in relation to all stages of the criminal justice
process, beginning with policing practices before arrest, through to arrest, trial and
sentencing.
16. The Special Rapporteur underscores the importance of strict
non-discrimination at the policing stage, arguing that, should a disproportionate
number of individuals from a minority group find themselves in contact with the
police as a result of discrimination, then even if, formally, every other step of the
process functions impartially, minorities will, similarly, be disproportionately
represented throughout that process. In the report, she notes with concern the
subjection of minorities to excessive use of force by the police, torture or other
ill-treatment in policing. Given that racial profiling and excessive use of force
against minorities in policing often stem from embedded discrimination, the Special
Rapporteur recommends that States go beyond mere prohibitions and instead take
proactive steps to prevent such conduct.
17. Even after formal arrest, minorities tend to be overrepresented in pretrial
detention and face longer periods of such detention. At the stage of judicial
procedures and hearings, minorities may also experience particular obstacles to
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