E/CN.4/2003/21
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16.
Observers for the African Society of Comparative and International Law and the
Movement Against Racism and for Friendship among Peoples commented on the lack of
participation of non-governmental organizations which were not accredited to the Economic and
Social Council, and urged the experts to address this situation.
17.
At the second meeting, the Chairperson-Rapporteur introduced the revised programme of
work of the Working Group. Mr. Kasanda also announced that the Working Group had taken a
decision to expand the participation of non-governmental organizations to the Working Group by
authorizing the attendance of interested non-governmental organizations who were accredited to
the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance. He stated that this decision would take effect immediately.
18.
At this meeting, Mr. Jabbour introduced agenda item 5 (b), recalling that the sub-item
provided an opportunity to consider the proposal of measures “to ensure full and effective access
to the justice system by people of African descent”. Mr. Jabbour stated that, around the world,
there was a tendency for people of African origin (who were usually poor as well) to be
disproportionately penalized regardless of the legal system. He submitted that this
disproportionality pointed to errors in the criminal justice system and so it would be important to
look into sentencing trends and to monitor the situations in prisons as well.
19.
Ms. Zlătescu stated that it would be important to monitor the situation of racial
discrimination and the human rights of people of African descent within the framework of the six
core international human rights treaties, and through the various treaty-monitoring mechanisms.
20.
Mr. Kasanda also commented on the problems of access to justice faced by people of
African descent and pointed to problems in many national legal aid systems. He also noted that
access to equitable education presented the most effective solution, particularly for women of
African descent, to the problems facing people of African descent worldwide.
21.
The observer for the Espacio Afro-Americano informed the Working Group that the
follow-up seminar of experts for the World Conference organized by the Office of the
High Commissioner for Human Rights in Mexico City in July 2002 adopted very good
recommendations on the administration of justice, such as national plans of action to improve
criminal justice, specialized training in human rights for State officials, and diversity of
recruitment in personnel. She encouraged the countries of the region to muster the political will
to implement these very good recommendations.
22.
An observer for AFRECure (All for Reparations and Emancipation) raised the idea of a
fair and impartial international ombudsperson to look into problems of criminal justice,
especially in the prison system, the public defender system and police services. Another
observer for AFRECure stated that the International Covenant on Civil and Political Rights was
a good entry point to consider this issue and said that existing United Nations instruments should
be studied and used to improve access to justice by people of African descent.