E/CN.4/2004/21
page 20
4.
The procedure for the selection of juries should be fair, transparent and
equitable and people of African descent should be proportionately represented.
5.
People of African descent should be adequately represented in judicial
appointments at all levels and have adequate access to legal and judicial training.
6.
Where applicable, disaggregated data on arrests, prosecutions and
sentencing should be collected and published to enable States and other stakeholders to
monitor the situation of people of African descent in the administration of the justice
system and to determine whether they are the victims of discrimination.
7.
Law enforcement agencies should adhere strictly to international
human rights standards of conduct as stated, for example, in the Code of Conduct for
Law Enforcement Officials, adopted by the General Assembly in its resolution 34/169
of 17 December 1979.
8.
The elimination of violence, including police violence, which affects
people of African descent requires political will on the part of States and other
stakeholders, as well as the allocation of the necessary resources for human rights
training. Police and officials of other agencies within the criminal justice systems should
adhere strictly to recognized good practices as enshrined in the relevant international
human rights documents.
9.
The United Nations should find an appropriate way to celebrate the
bicentenary of the independence of Haiti, which the Working Group recognizes as an
important landmark in the struggle of people of African descent for freedom, justice and
human dignity.
10.
States should consider ratifying the international human rights treaties and
conventions, preferably without reservations of any kind, and accept the competence of
international bodies to receive and process petitions from individuals claiming violations
of their rights under those instruments. In particular, States should accede to the
International Convention on the Elimination of All Forms of Racial Discrimination, with
a view to universal ratification by the year 2005, and consider making the declaration
under article 14.
11.
States should provide more education for people of African descent on the
ways in which they can become victims of discrimination and raise the awareness of the
general public about these issues, in order to ensure better protection and defence of the
human rights of people of African descent.
12.
States should establish monitoring mechanisms within the criminal justice
system to investigate and prevent discriminatory behaviour by law enforcement officials,
taking special measures to monitor and sanction officials involved in racist conduct.
Procedures should be introduced for hearing complaints of discrimination in matters
concerning officials of the criminal justice system and special units established to hear
such cases.