A/HRC/29/46
ethnic profiling and stressed his concern about individuals from minority groups or migrant
backgrounds regularly being subjected to stops and searches, interrogations and arrests in a
discriminatory manner by law enforcement and immigration officials, solely on the basis of
their perceived ethnic or religious affiliation. He called upon States not to resort to these
practices, which were discriminatory and prohibited by international law (A/HRC/15/53
and Corr.1).
13.
The current Special Rapporteur has, in various reports, highlighted the continuing
problem of racial and ethnic profiling. In particular, and with regard to counter-terrorism,
he has noted that migrants and minority groups are particularly vulnerable to these law
enforcement practices, and that the global economic crisis only exacerbated the
discrimination already taking place. The Special Rapporteur has continued to receive
reports of racial and ethnic profiling across the globe, which points to the persistence of the
problem in regular law enforcement activities, not only in the area of counter-terrorism.
14.
The present report is intended to highlight the continuing violations, and to propose
measures to address the problem of racial and ethnic profiling. In the report, the Special
Rapporteur illustrates some manifestations of racial and ethnic profiling by different law
enforcement agencies in various parts of the world. He discusses the applicable legislation
and standards at the international, regional and national levels, and provides some examples
of good practices that have been implemented by Governments and local authorities as well
as by civil society actors.
15.
The report builds on the work of previous mandate holders, on studies and reports
by other special procedures mandate holders, and on the current Special Rapporteur’s
previous studies. In order to discuss the different manifestations of profiling, and to look at
good practices undertaken, the Special Rapporteur held an expert meeting, in partnership
with the Faculty of Law of the University of California, Los Angeles, on 11 and 12
November 2014, that was attended by a wide range of experts, academics and
representatives of civil society organizations. Discussions were held on the key trends in
the different manifestations of racial and ethnic profiling in police activities, at border and
immigration facilities, and in detention facilities, on the impunity and lack of accountability
for such acts committed by law enforcement agents, and on the need for disaggregated data
collection and analysis to document these manifestations and the need to propose
alternative law enforcement methods. Views were exchanged on the key legal and policy
measures that had been taken at the international, regional and national levels, and on some
good practices in combating racial and ethnic profiling that had been taken by States,
international and regional organizations, civil society and the private sector. Some of those
practices are included in the present report. The Special Rapporteur thanks the Faculty of
Law of the University of California, Los Angeles for its assistance in the successful
outcome of the expert meeting.
B.
Manifestations of racial and ethnic profiling by law enforcement
agencies
16.
Police, immigration and detention officials frequently employ racial and ethnic
profiling, in many different and pernicious ways. Government policies may also facilitate
discretionary practices that allow law enforcement authorities to target groups or
individuals on the basis of their skin colour, dress or facial hair or the languages they speak.
Implicit biases also sometimes motivate profiling. Although some studies have
demonstrated how ineffective racial and ethnic profiling is, officials continue to use the
5