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that she raised was the concept of radicalization, where the objective is to detect people who are
in the process of “radicalizing”. Ms. Neild noted that before putting in place a discriminatory
measure it is important to estimate its proportionality - cost and effectiveness. Some of the
negative effects of profiling that were mentioned include stigmatization of entire suspect
communities, increase of crime and disorder due to reduced trust in police and the reduced
cooperation of citizens with police. She pointed out that profiles are quite predictable, and
terrorist groups have demonstrated that they manage to avoid them. She stressed the need for
legal prohibition, ethnic data collection, improving the treatment of minorities and furthering
police-minority relations.
Item 6 (h): Profiling in countering terrorism
45.
Martin Scheinin, Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism, raised once more the importance of
the issue of definition in regard to profiling. He explained that, in his view, profiling is an
acceptable means of law enforcement activity when profiles are statistically proven.
Mr. Scheinin explained that in the context of counter-terrorism, permissible profiling should be
based on the principle of proportionality and legitimacy of aim. He also clarified that, as in
many cases religion is not readily identifiable, law enforcement officers use profiling based on
ethnicity and nationality. He emphasized that any profiling is counter-productive and ineffective
against terrorism, as terrorist groups are adaptive and manage to pass undetected under the usual
stereotypes. He suggested that universal or random searches, done in a professional way, are
more efficient than profiling, as they are non-discriminatory and impossible for terrorists to
evade. Mr. Scheinin stressed that profiling, if used, should be based on behaviour rather than
ethnic or religious characteristics. In this regard, States need to establish clear guidelines for law
enforcement on the measures that are permissible in counter-terrorism operations. He also
explained the need to document and monitor terrorist profiling practices, to establish oversight of
law enforcement agencies, and ensure their compliance with human rights standards.
Item 6 (i): The meaning of racial profiling in the
context of the increase of racism
46.
Edna Santos Roland, independent eminent expert on the follow-up to Durban, stated that
racial profiling does not necessarily manifest itself in the same way in all regions. She said that
in Latin America, societies have been racist for a long time and people of African descent have
suffered the most from racism. The Durban Conference has created opportunities for a dialogue
between people of African descent and Governments. Despite this dialogue, people of African
descent continue to be the victims of racial discrimination and their representatives have not
been monitoring the increase in racial profiling resulting from the implementation of the war
against terror.
47.
Doudou Diène, Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, noted that racial profiling is an indicator
of the extent of racism, discrimination, xenophobia and related intolerance. He explained that
certain communities became visible as their groups became the target of racial profiling. He
pointed out that racism is based on the social construction of the concept of identity.
Furthermore, the “naturalization” of racism which makes people believe that racism is part of
human nature is a most dangerous, ideological, and manipulative tool. He explained that the