On the one hand, under the effects of increased immigration and population movements, amplified
by situations of conflict or war and the global economic crisis, which have aroused, in certain
sections of the population and among certain agents who enforce the law enforcement, prejudice
and feelings of xenophobia or intolerance against certain minority groups designated as "scapegoats"
for difficulties encountered in these countries;
On the other hand, under the effects of security policies and the legislation or exceptional measures
adopted by many states to combat terrorism in its various forms, when they became
disproportionate and no longer respected fundamental rights, have encouraged the emergence of
xenophobic attitudes or stereotypes and "racial profiling" practices, such as anti-Arab, anti-Muslim
and anti-Semitic reactions.
***
= II = The content of the General Recommendation N ° 31/2005 of the CERD:
The General Recommendation first recalls in its Preamble that while justice can generally be
regarded as impartial and not suspect of racism, no country is immune from racial discrimination in
the functioning of its justice, no matter what system of law is applied or the criminal procedure in
force (of the accusatory, inquisitorial or mixed type).
The General Recommendation identifies three types of measures to be implemented:
General measures;
Measures to protect the "victims" of racism, in order to prevent racial discrimination which, they may
encounter when they are brought before the courts;
Measures aimed at "prosecuted persons" in order to prevent racial discrimination against them in the
functioning of the criminal justice system.
All these measures are set out at length in the text of the General Recommendation, and it is not
possible for me to present them in detail. You can find them in full in the list of General
Recommendations of the CERD, which can be found on the website of the United Nations High
Commissioner for Human Rights (http://uhri.ohchr.org/en, "Treaty bodies, CERD).
I shall confine myself here to presenting to you some of these measures which seem to me the most
important:
1- General measures:
They include evaluative measures and policy measures:
-a- "Assessment" measures are designed to identify "indicators" of racial discrimination in the
functioning of criminal justice, which may be "factual" indicators or "legislative" indicators.
= Among the "factual" indicators, states are requested to pay close attention to the following: