A/HRC/29/46 Middle Eastern origin and from other minority populations on the basis of their appearance. A study in one Eastern European State showed that the police there disproportionately targeted persons of non-Slavic appearance on the metro.10 Law enforcement officials have also targeted persons on the basis of their religion and conducted mass identity checks outside mosques.11 19. Another manifestation of racial and ethnic profiling is the increased use of force against minority populations by law enforcement officials.12 In one Latin American State, persons of African descent were subjected to lethal force by the police at a rate that was two times higher than their overall representation in the population. 13 In the country concerned, lethal force by the police is frequently targeted at minority communities, often with the justification of controlling riots between those communities and the native population. 20. Racial and ethnic profiling in the context of immigration takes place at points of entry into States — official border crossings, and transportation hubs such as airports, railway stations and bus depots. At these locations, customs and border agencies force particular individuals or groups to undergo additional security checks and interviews. Often these persons are targeted because of the interrelatedness of immigration status with nationality, race or ethnicity. Security measures and surveillance policies enacted in relation to counter-terrorism efforts also motivate the use of racial and ethnic profiling. Indeed, around the world, States have regularized these processes such that they have become permanent fixtures of immigration systems. 14 21. Within States, national and local authorities employ racial and ethnic profiling in their enforcement of immigration rules (A/HRC/17/33/Add.4). In some federal States, agreements between the central government and local police agencies lead to the overdelegation of front-end authority to persons likely to engage in profiling — a situation where non-immigration officials are directly enforcing immigration policy. Provinces and municipalities have enacted policies aimed at supplementing federal legislation, too. In both scenarios, discretionary powers enable profiling at the stop, arrest, investigation and prosecution stages.15 22. Profiling in immigration also limits the ability of victims to travel. For instance, States’ refusal to issue birth registration and identification documents to members of particular ethnic groups impedes the movement of persons across borders and their access to State benefits (A/69/398). Sometimes, States permit or facilitate the use of racial and ethnic profiling by private actors. One Middle Eastern State allegedly restricts the movements of travellers of a particular ethnicity, including its own citizens. Furthermore, it reportedly allows an airline to subject this group to extensive search procedures (A/HRC/25/67). Profiling by private and governmental actors may also be facilitated by technology. Corporations have developed “risk profiling” software that they sell to law 10 11 12 13 14 15 Open Society Institute, Ethnic Profiling in the Moscow Metro. Rachel Neild and others, Ethnic Profiling in the European Union: Pervasive, Ineffective, and Discriminatory. Robert Chanin and others, “Restoring a national consensus: the need to end racial profiling in America”, The Leadership Conference (2011). Ignacio Cano, “Racial bias in police use of lethal force in Brazil”, Police Practice and Research: An International Journal (2010). Rachel Neild and others, Ethnic Profiling in the European Union: Pervasive, Ineffective, and Discriminatory. Hiroshi Motomura, Immigration Outside the Law (Oxford University Press, 2014). 7