E/CN.4/2004/21
page 13
68.
Following her presentation, the Working Group returned to the topic of violence
disproportionately affecting people of African descent. Mr. Othmani cited the Code of Conduct
for Law Enforcement Officials (1979), stating that the training of officials was very important.
69.
The observer for Costa Rica stated that police violence was not confined to the
United States, and it was unfortunate that the panellists were not regionally representative.
Grass-roots community policing seemed to work well and was a good practice that should be
encouraged in all jurisdictions. The observer for Venezuela expressed an interest in community,
or “proximity” policing and asked whether there were studies demonstrating its effectiveness.
70.
The observer for Chile, commenting on Ms. Zlătescu’s paper, stated that it would have
been useful to have referred to paragraphs 140 to 147 of the Durban Programme of Action
concerning the issue of communications and the media.
71.
At the eighth meeting, the observer for the African Society of Comparative and
International Law stated that there were problems of police violence in Martinique. While the
national police force was composed mainly of people of African descent, the gendarmerie was
predominantly of European origin and were sent from mainland France. They were housed in
their own barracks and, she asserted, “colluded with the settlers in raids, monitoring and
intimidation”.
72.
The observer for France replied that the division between local police and gendarmerie
was not specific to Martinique, but was the practice throughout France. Explicit cases of
discrimination should be reported officially and followed up. There were many criticisms and
some were justified, but solutions to the problems should be offered as well.
73.
The observer for South Africa observed that it was not helpful at this stage to focus on
specific experiences and testimonies. It was a time to deal with recommendations and to propose
what concretely should be done to address the problems.
74.
The observer for Mundo-Afro referred to paragraph 138 of the Durban Programme of
Action and the training of criminal justice officials. He cited the failure of prison systems to
rehabilitate and the lack of human rights training as significant problems.
75.
The observer for the African Society of Comparative and International Law stated that
the situation of police violence and impunity was also a problem in Guadeloupe. He reminded
the Working Group that no Government was obliged to accept recommendations made by the
Working Group and that solutions to many of the problems must come from within the
communities concerned.
76.
The observer for the African Society of Comparative and International Law stated that
the working methods and scheduling of the Working Group were matters of concern. He
recommended that a set time period be allotted each year (January-February), as that would
provide certainty and predictability in planning and preparation. It would also be useful to
publish the notification of the session in the official United Nations calendar of meetings.
Finally, he proposed linking the session of the Working Group to that of the Intergovernmental
Working Group on the Effective Implementation of the Programme of Action, in order to
“provide synergy and fresh memories”.