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41.
The observer for Mundo Afro said that displaced and rural Afro-Latin communities in
Latin America faced enormous barriers in accessing the justice system. He recommended a
comprehensive approach to the justice system and an ombudsman, which had helped to reduce
some disparities in some Afro-Latin contexts.
42.
Mr. Jabbour asked whether there was a link between elected judges and discrimination
faced by people of African descent in the justice system. Ms. Taylor-Thompson stated that
indeed there was a significant link between the electoral process of the judiciary and the choice
to impose certain punishments.
43.
The observer for Espacio Latino-Americano stated that discrimination in the justice
system was not solely a question of poverty, as middle class or wealthy people of African
descent faced discrimination in the justice system as well. Discrimination was due to race and
was a result of slavery and colonialism. She noted that the matter of private police and
paramilitaries was a factor to be considered in some countries as well.
44.
The observer for Mexico stated that migrants were victims of racial discrimination as
well, so it was vital to have a global view while maintaining some specificity. The observer for
Egypt said that the Working Group must stay focused on the victims, that is, people of African
descent and measures to be taken at the national level to improve their daily lives in health,
education, technology, housing and access to justice.
45.
At the fifth meeting, the Working Group saw a video presentation on the criminal justice
system and access to justice. The Group then considered recommendation 22: “… study and/or
compile further information on the issue of racial discrimination faced by people of African
descent in areas such as jury selection, representation in the criminal justice system, judicial
appointments and access to legal and judicial training”.
46.
Mr. Othmani noted that through a network of police and prison officials, Penal Reform
International was preparing a training manual with UNICEF on juvenile justice and one with
OHCHR on police training. In addition, the organization was developing a programme of
mobile training teams to train prison officials in Rwanda.
47.
Two observers for the African Society of Comparative and International Law said that
there were problems of racial discrimination in the justice system in the French island of
Martinique. One stated that virtually the whole justice system, including the trial of cases under
French law, was administered by judges, lawyers and legal professionals from the mainland.
The system, in her view, was imposed from outside. She presented a particular case which
included deportations and the arrest of counsel who was trying to have the case dismissed.
48.
The second observer for the African Society of Comparative and International Law said
that everything in Martinique was structured so that colonialism and discriminatory laws would
persist. Lawyers were attacked if they called the legitimacy of this system into question.
Sentences were generally heavier in Martinique than in France and a language barrier hampered
access to justice for many.