A/HRC/4/39 page 14 III. CONCLUSIONS AND RECOMMENDATIONS A. Conclusions 53. The Working Group acknowledges that racial profiling is a violation of the right to non-discrimination, which is firmly anchored in international law. Racial profiling breaches several rules of international law, since the prohibition of discrimination is mentioned in Article 55 (c) of the Charter of the United Nations, and in almost all international instruments on the protection of human rights. 54. The Working Group recalls that international and regional norms make clear that racial discrimination in the administration of justice is unlawful. The Working Group urges States to clearly define and adopt explicit legislative provisions banning racial profiling. 55. The Working Group reiterates the definition of racial profiling in paragraph 72 of the Durban Programme of Action which comprises the practice of police and other law enforcement officers relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities, or for determining whether an individual is engaged in criminal activity. 56. The Working Group stresses that racial profiling has been recognized as a specific problem as a result of the systematic and historic targeting of persons of African descent, with severe consequences in creating and perpetuating a profoundly negative stigmatization and stereotyping of persons of African descent as having a propensity to criminality. 57. The Working Group acknowledges that religion should be included as one of the prohibited grounds on which racial profiling can be manifested. 58. The Working Group affirms that in most cases where racial profiling has been applied, no significant results have been achieved in terms of enhanced security and great harm has been done to people of African descent and other vulnerable groups. 59. The Working Group welcomes the General Assembly decision to convene in 2009 a review conference on the implementation of the Durban Declaration and Programme of Action. 60. The Working Group is convinced that States must take action and pursue policies that reduce de facto inequalities and help groups facing deep-rooted discrimination to overcome their adverse situation vis-à-vis other members of the community. 61. The Working Group believes that Governments should implement and enforce appropriate and effective legislation to prevent acts of racism, racial discrimination, xenophobia and related intolerance, thereby contributing to the prevention of human rights violations. 62. The Working Group believes that States should review and reform immigration laws and practices in order to ensure that they are in accordance with international human rights standards. 63. The Working Group reaffirms that diversity is an asset. It believes that mutual understanding and interaction are important tools for combating racism, racial discrimination, xenophobia and related intolerance, and can prevent the occurrence of racial profiling.

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