A/HRC/29/46
prohibit racial discrimination in relation to “the right to liberty and security of person”,
outlaw “arbitrary arrest or detention”, and bar deprivation of liberty “except on such
grounds and in accordance with such procedure as are established by law” (art. 9 (1)).
27.
The Special Rapporteur recalls that a number of United Nations human rights
mechanisms have addressed the issue of the use of racial and ethnic profiling in the police,
at immigration and border controls and in detention facilities. More specifically, the
Committee on the Elimination of Racial Discrimination has made it clear that the
International Convention on the Elimination of All Forms of Racial Discrimination
prohibits States parties from carrying out profiling on the basis of race or ethnicity. In its
general recommendation No. 13 on the training of law enforcement officials in the
protection of human rights, the Committee recalled the provisions of article 2 of the
Convention, which require States parties to ensure that public authorities and institutions do
not engage in racial discrimination, and the undertaking by States parties to guarantee the
rights, protected under article 5 of the Convention, to equality before the law, without
distinction as to race, colour or national or ethnic origin. The Committee also explained that
those obligations relied on national law enforcement officers who should be properly
informed of their State’s obligations and of the Code of Conduct for Law Enforcement
officials (see General Assembly resolution 34/169, annex).
28.
Furthermore, the Committee reiterated its position on racial and ethnic profiling in
its general recommendation No. 31 on the prevention of racial discrimination in the
administration and functioning of the criminal justice system. The Committee advised that
States should prevent questioning, arrests and searches that are based solely on the physical
appearance of a person which exposes the person concerned to greater suspicion.
Specifically, the relevant State officials include the police, army personnel, customs
authorities, and persons working in airports, penal institutions and social, medical and
psychiatric services. The Committee has directly applied these recommendations on racial
and ethnic profiling to its evaluations on individual States parties.
29.
The Human Rights Committee concluded in 2009 that a case of racial profiling in
the context of immigration control constituted discrimination. In that particular case,
specifically assessing identity checks for immigration purposes in the light of articles 2 (3)
and 26 of the International Covenant on Civil and Political Rights, the Committee
considered that:
Identity checks carried out for public security or crime prevention purposes in
general, or to control illegal migration, serve a legitimate purpose. However, when
the authorities carry out such checks, the physical or ethnic characteristics of the
people subjected thereto should not by themselves be deemed indicative of their
possible illegal presence in the country. Nor should they be carried out in such a way
as to target only people with specific physical or ethnic characteristics. To act
otherwise would not only negatively affect the dignity of the people concerned, but
would also contribute to the spread of xenophobic attitudes in the public at large and
would run counter to an effective policy aimed at combating racial discrimination.22
30.
Other United Nations mechanisms have also affirmed States’ obligations to
eliminate racial and ethnic profiling. In the Durban Declaration and Programme of Action,
States were explicitly called upon to design, implement and enforce effective measures to
eliminate this phenomenon.23 The Working Group on the Universal Periodic Review has
regularly reminded States of their obligations to combat racial and ethnic profiling. In 2007,
22
23
Communication No. 1493/2006, Rosalind Williams Lecraft v. Spain, Views adopted on 27 July 2009.
See A/CONF.189/12 and Corr.1, chap. I, para. 72.
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