E/CN.4/2004/21
page 7
26.
Ms. Taylor-Thompson presented her paper, “Understanding and addressing racial
discrimination in representation” (E/CN.4/2003/WG.20/Misc.3). She gave an overview of the
problems of racial discrimination in the United States and the disproportionate representation of
people of African descent in its justice systems. She stated that there was a critical economic and
social disjuncture between clients charged and service delivery in the justice system. The
policies that led to arrest, prosecution and sentencing were often “influenced and infected” by
racial discrimination. There was no coherent system of defence of indigent persons, no standard
or guarantee governing the performance of defence counsels/lawyers, and the racial dynamics of
the justice system mirrored the racial dynamics in the country. She recommended that
Governments consider/adopt a policy of mandatory appointment of lawyers/counsels in serious
cases; require as a qualification for practice training in racial sensitivity/cultural awareness;
construct linkages between law school programmes and defence counsels; and develop political
coalitions between bar associations and community leadership.
27.
Mr. Jabbour commented that the United States Supreme Court might wish to consider the
widespread bias in the criminal justice system. Mr. Martins noted that racial bias in the justice
system was not confined to North America and that in countries like Brazil, affirmative action
policies were aimed at addressing such structural barriers to securing justice. Ms. Zlătescu
referred to paragraphs 161 and 162 of the Programme of Action of the World Conference which
dealt with legal assistance.
28.
Mr. Frans raised the issue of bias in the justice system faced by migrants in the European
context and queried whether it would be possible for an accused to choose his/her own defence
lawyer in such cases. A greater presence of people of African descent at future meetings of the
Working Group would be welcome; the Group required political support as well to accomplish
its work. Despite the limited participation, the Working Group must continue its work as it was
“fighting for the collective memory of humanity as a whole”.
29.
The observer for Brazil stated that self-identification was still the basis of affirmative
action programmes in Brazil. She also pointed out that the Organization of American States was
considering a regional convention on the elimination of racial discrimination in the Americas.
30.
The Chairperson-Rapporteur welcomed two additional panellists from the National
Association for the Advancement of Colored People-Legal Defense and Educational Fund
(NAACP-LDF) of the United States, Miriam Gohara and Vanita Gupta. Ms. Gupta outlined the
problems of defending indigent persons in the United States. She said that the standard of
defence was very low; there was also no oversight or accountability for this system. Ms. Gohara
introduced a paper prepared by NAACP-LDF entitled “Assembly line justice: Mississippi’s
indigent defense crisis” (E/CN.4/2003/WG.20/Misc.4), which movingly described the problems
of indigent defence in both capital and non-capital cases. The report found that community
investment in public defence was insufficient and recommended that States and the federal
Government should contribute in order to ensure standards and accountability.
31.
Ms. Souleliac presented her paper, “La lutte contre les discriminations dans le cadre de
l’accès au droit et à la justice (E/CN.4/2003/WG.20/Misc.2)”. She briefly described the legal
system in France and noted that legal aid was managed directly by the bar, and that lawyers were
assigned depending on the nature of a given case. “General access” to the legal system was
available for the most vulnerable and in France legal aid was available to nationals, citizens of