FORUM ON MINORITY ISSUES Palais des Nations-Genève24-25 November 2015 “MINORITIES IN THE CRIMINAL JUSTICE SYSTEM” PRESENTATION OF THE CERD’S GENERAL RECOMMENDATION ON THE PREVENTION OF RACIAL DISCRIMINATION IN THE ADMINISTRATION AND FUNCTIONING OF CRIMINAL JUSTICE By M. Régis de Gouttes First Honorary General Counsel at the Court of Cassation (France) Former Chairman of the United Nations Committee for the elimination of racial discrimination. *** Why did I choose, within the framework of our Forum on Minorities, to speak about the UN Committee on the Elimination of Racial Discrimination (CERD) and more specifically its General Recommendation No. 31 of 2005 on the prevention of racial discrimination in the administration and functioning of criminal justice? I will briefly explain the reasons for this choice, before going on to present the contents of Recommendation No. 31/2005. = I = The reasons for choosing the General Recommendation N ° 31/2005 of the CERD: 1. The first reason is that, in its Recommendation No. 31/2005, the CERD makes clear that certain groups of society or certain minorities are particularly exposed to racial or ethnic discrimination in the functioning of the criminal justice system. Among these groups, CERD has identified, in particular, immigrants, refugees, asylum seekers, stateless persons, displaced persons, non-citizens, indigenous and indigenous peoples, Roma and Gypsies, persons discriminated against because of their ascendance or for belonging to a caste, and also of African-descendent people. Particularly, CERD’s general recommendations have been in favour of some of these groups or minorities. Admittedly, General Recommendation No. 31/2005 specifically targets discriminations of a racial or ethnic nature which can be identified in the functioning of justice. But you will see that, in addition to racial or ethnic discrimination, all kinds of discrimination in the functioning of the criminal justice system are at the same time concerned. Hence the more general scope of this recommendation, in which we are all interested.