A/HRC/4/39
page 8
33.
Ms. Lam stated that the draft general policy recommendation contains the following
recommendations: to clearly define and prohibit racial profiling; to collect data and carry out
research and monitoring on racial profiling; to introduce a reasonable suspicion standard; and
to provide police with training on the definition of racial profiling. She clarified that prohibition
does not necessarily imply criminal law provisions, as constitutional law, civil and/or
administrative law can be more appropriate tools in some cases.
Item 6 (d): The human impact of racial profiling
34.
Gérôme Topka, secretary-general of the Carrefour de réflexion et d’action contre le
racisme anti-noir, Switzerland, made a presentation on racial profiling against people of African
descent in Switzerland. Mr. Topka stressed that racism against people of African descent was a
specific form of racism. He discussed the current state of affairs in Switzerland with reference to
certain high profile cases in the Swiss courts and the attitude of the Swiss media towards racism.
He also discussed racial bias against and stereotyping of people of African descent and spoke of
the trivialization of racism against people of African descent. He recommended, inter alia, more
education on the issue of racism in schools, police forces, the public sector and the justice
system; greater racial diversity in police forces; the creation of an anti-discrimination charter; the
creation of a racism monitoring body; greater innovation in the fight against racist attitudes
towards people of African descent; and for measures to be taken to generate greater awareness in
society of the problem of racism against people of African descent. He discussed the positive
work the Carrefour had achieved in collaboration with the media and police but stressed that
further collaboration was necessary to improve the situation of people of African descent in
Switzerland.
35.
Joe Frans, member of the Working Group of Experts on People of African Descent, made
a presentation on the impact of racial profiling on people of African descent in Europe. He noted
that racial profiling is a serious human rights problem affecting millions of people of African
descent residing in Europe. In his opinion, there is a sufficient constitutional and legal
framework in most European countries to challenge the legality of racial profiling against people
of African descent. He stressed that there is incontrovertible proof that racial profiling does not
give law enforcement officials an advantage in fighting crime. Profiling is counterproductive
insofar as it misdirects law enforcement resources and alienates some of the very people whose
cooperation is necessary for effective crime detection.
36.
Mr. Frans stressed the psychological, social and economic effects of racial profiling on its
victims. Furthermore, it is quite clear that one of the most significant and potentially
long-lasting impacts of racial profiling is its effect on children and youth. He pointed out that a
possible side effect of the practice of racial profiling is the risk of criminalizing entire
communities. He explained that the true extent and nature of racial profiling remains difficult to
gauge because of the absence or ineffectiveness of official data collection in several European
countries. Many countries do not have adequate official data collection mechanisms in place to
record and make information publicly available on racial profiling. The consequences of racial
profiling are felt far beyond the law enforcement sector. It impacts unfavourably in an
aggregated manner as racial discrimination.
37.
Mr. Frans put forward the following recommendations to be considered by the
Working Group: the systematic collection of disaggregated data on racist crimes and profiling;