A/HRC/4/39 page 10 fulfil public and legislative expectations. Without audits, law enforcement agencies lose perspective on the impact they have on the communities they serve. To be effective, anti-racist auditing must focus on producing an overall culture shift within police forces. Ms. Parsons explained that audits can also be useful in assessing the usefulness and impact of police education and training. She added that the only way to move the discussion about racial profiling from rhetoric and anecdotal experiences to a more rational dialogue that supports accountability and transparency, is to collect disaggregated information that will allay community concerns and help people of African descent and law enforcement agencies ascertain the scope and magnitude of the problem. 42. Ignacio Cano, professor at the Department of Social Sciences, State University of Rio de Janeiro, made a presentation on racial bias in lethal police action in Brazil. Mr. Cano explained that Brazil is a society sharply structured by socio-economic differences and the debate on inequality and discrimination has often centred on whether these differences originate in class or in race. He discussed racial prejudice in the public security system in Brazil and gave an overview of the different manifestations of racial bias. He then went on to present the findings of a study he had carried out. He highlighted the need for data collection to determine the existence and impact of racial profiling in law enforcement agencies. Item 6 (f): De jure discrimination and the institutional dimension of the discrimination ascribed to the police and other law enforcement services 43. Leïla Zerrougui, Chairperson-Rapporteur of the Working Group on Arbitrary Detention, made a presentation on de jure discrimination and the institutional dimension of the discrimination ascribed to the police and other law enforcement services. Ms. Zerrougui noted that discrimination is frequently practised in judicial and law enforcement systems in many countries around the world. Identifiable discrimination practices are often linked to endemic forms of racism. An analysis of discriminatory practices in the administration of justice reveals that discrimination is not only the result of the behaviour of individuals who have the authority to apply laws, but can also be de jure and institutional, structurally integrated in the organization and functioning of police forces, judicial systems and prison services. She explained that policies can be either explicitly discriminatory (direct and de jure discrimination) or indirect (institutional). Indirect discrimination has the effect of direct discrimination in practice. She pointed out that there is a need to look beyond the formal idea of equality to the effect of a policy in practice. Ms. Zerrougui stressed that it is with the help of statistics that the institutional dimension of racial profiling has been shown in practice. She commented that the weakness of minority representation in law enforcement helps perpetuate stereotypes founded on race, ethnic origin, colour or religion. Item 6 (g): Terror, crime and suspect communities: evidence of and solutions to ethnic profiling by police 44. Rachel Neild, Open Society Justice Initiative, presented a paper on ethnic profiling by police in Europe. What prevails in Europe is ethnic profiling on the grounds of race, ethnicity, nationality or religion. She pointed out that, although it is widespread in Europe, it is not sufficiently documented and not explicitly prohibited under European law. Furthermore, she noted that terrorist profiling is mainly based on religious affiliation. Another issue of concern

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