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the European Union, and foreigners in certain specified situations. She queried the exact
meaning of “access” since access went beyond mere provision of the service. She cited the case
of undocumented migrants who would be wary of contacting public defenders, and the matter of
literacy which limited the ability of some to access legal services. She explained that the bar was
working on ensuring true access by educating and disseminating information about the legal
system, providing clinics in town halls and providing on-site advice at the Court. In Paris,
SOS-avocats provided free-of-charge legal services by phone and a “solidarity bus” provided
mobile legal services in different neighbourhoods in the city.
32.
The discussions on the theme of the administration of justice continued at the fourth
meeting of the Working Group.
33.
Ms. Taylor-Thompson stated that counsel should be provided free to the accused in the
criminal justice system, but that it was also important for counsel to be adequately paid.
34.
The observer for Nigeria asked what, if any, deterrent measures could be taken against
incompetent defence counsel at the international level. He agreed that States should provide a
competent public legal aid system and encouraged States to do so, but he cautioned that counsel
must be competent and effective.
35.
The observer for Costa Rica encouraged the experts to examine the possibility of
incorporating work already taking place on the administration of justice in parallel human rights
mechanisms such as the Committee on the Elimination of Racial Discrimination and with respect
to the International Convention on Civil and Political Rights. He added that education was not
only important for those administering justice but for society as a whole (rights under law, where
to exercise those rights, etc.).
36.
The observer for Zambia read a short statement about racial discrimination in
international trade and recommended that the Working Group consider the question of trade and
human rights.
37.
Mr. Martins said that it was important to keep a focus on discrimination in the
administration of justice faced by people of African descent since the mandate of the Working
Group was not poverty or injustice in general, but people of African descent, that is, those
victims affected by slavery and the slave trade.
38.
Ms. Gupta said that it was important that justice system workers such as lawyers and
social workers be reflective of the client base. It was necessary to keep statistics and databases
on who exactly was being arrested, convicted and sentenced in order to identify at what point
racial bias entered.
39.
The observer for China said that it was important to change mentality in order to change
action and he recommended that further study be conducted along those lines.
40.
Then observer for the African Society of Comparative and International Law said that it
would be useful to consider case studies from different parts of the world. He added that poverty
was a root cause of discrimination faced by people of African descent in the justice system.