A/HRC/4/39
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24.
Mr. Kasanda recalled that more and more States have signed and ratified the respective
international treaties, which demonstrates the increasing importance they attach to ending
racism, racial discrimination, xenophobia and related intolerance. He made the point that it
would be very helpful if participants could report on the implementation of Durban.
25.
The observer for Egypt pointed out that the recommendations of the Working Group are
sometimes not clear enough or not addressed to a relevant authority. In this regard, it is
important that the Working Group collaborates closely with the treaty monitoring mechanisms so
as to facilitate the effective implementation of recommendations. He added that he supported the
statement of the observer for Algeria.
26.
An observer for an NGO read a declaration of support and recommendations to the
Working Group on behalf of all NGOs present at the sixth session. He began his comments by
emphasizing the need to bring to the attention of the international community the increasing
number of violations of the human rights of people of African descent around the world. He
stressed that the Working Group must become the voice of the international community in
identifying and promoting relevant, sustainable and effective solutions towards the elimination
of all forms of racism, racial discrimination and xenophobia affecting people of African descent
all over the world. He noted the importance of the work done by the Working Group and
emphasized that it must maintain its work on the human rights of people of African descent. He
underlined that the budget of the Working Group should come from a regular United Nations
fund. Currently, a lack of funding restricts the ability of the Working Group to work directly
with the victims of racism in their own countries. He added that the involvement of civil society
in the sessions of the Working Group was important and to this end there was a need for a fund
to help with the travel expenses of participants, so as to permit greater participation by people of
African descent.
B. Thematic analysis: discussion on and analysis of racial profiling
27.
The Chairperson-Rapporteur introduced agenda item 6 by calling the attention of the
Working Group to the need to make concrete recommendations on the elimination of racial
profiling. He stated that racial profiling existed in all regions of the world and that the absence
of information is not an indication that the phenomenon does not exist.
Item 6 (a):
The definition of racial profiling and the international
framework prohibiting racial profiling
28.
Leïla Zerrougui, Chairperson-Rapporteur of the Working Group on Arbitrary Detention,
presented a paper focused on the definition of racial profiling. She stressed that racial profiling
is a violation of the right to non-discrimination, which is firmly anchored in international law, as
it is considered to be an integral part of customary international law. She explained that a
problematic issue with regard to racial profiling is the lack of one widely accepted definition.
Instead, there are several definitions, which makes it more difficult to prove the occurrence of
racial profiling. She pointed out that two very different definitions of racial profiling have
emerged, one narrow and restrictive, and the other fairly broad. Under the restrictive definition,
racial profiling is defined as an activity on the part of law enforcement officers based exclusively
on race. The other category is comprised of broad definitions, where all possible grounds for
discrimination, in addition to race, are taken into consideration. Furthermore, Ms. Zerrougui