crimes has been beneficial in changing attitudes among the majority population, and
sending a strong message of inclusion to the Roma population. He encouraged the
development of similar initiatives in Europe and elsewhere.
Ms Jennifer Robinson, Director of legal advocacy at Bertha Foundation, presented
her work as a lawyer defending the rights of West Papuans in Indonesia, as part of the
Bertha Justice Initiative which conducts litigation and advocacy on behalf of minorities
around the world. She highlighted the difficult situations faced by the West Papuans in
the criminal justice system. She stressed the importance of States allowing international
organizations to access regions where they can support local civil society to document
cases and collect data, and suggested that the draft recommendations could be expanded
in this regard. She called for a clear recommendation to international and regional
organizations to supervise general compliance with the recommendations discussed
during the Forum.
Ms Nimalka Fernando, President of the International Movement Against All Forms
of Discrimination and Racism (IMADR), warned against the rise of xenophobia
following terror attacks in the past two decades, which have a direct impact on the
treatment of minority communities. From her personal experience of the 30-year long
conflict in Sri Lanka, she highlighted how communities of Tamil origin have been
disproportionately targeted by unlawful arrests and violence committed by the police and
the armed forces. This situation led Ms Fernando to become a lawyer to provide legal
advice for those affected by such abuse. She warned against the discriminatory
application and misuse of the Prevention of Terrorism Act, which grants the police broad
discretionary powers and opens the gateway to systematic abuse of human rights,
including, arrest and detention without charge for up to 18 months, disappearances,
torture and extrajudicial or otherwise arbitrary killings. She highlighted the plight of
Muslim communities facing violence and discrimination as a religious minority group.
Mr John Lamberth, President of Lamberth Consulting, has been assessing whether
racial profiling is occurring, and working with community groups, in selected cities in
the United States. He stressed that it is crucial for police agencies to keep record of all
occasions where they stop individuals for questioning, searches, or other purposes,
including those which do not result in citation or other formal action by the police, in
order to determine whether a stop was made in a discriminatory manner. Data should,
he said, include details on the race/ethnicity of the person stopped, the date and time,
exact location, reason for the stop and any action taken by the police on the basis of the
stop. The data collected must then be compared to a benchmark reflecting the
proportion of people of minority status typically present at that location. After analysis,
the data should aim at correcting any erroneous perception by the police or by minority
communities and encourage them to work together to provide a safer, more secure and
amicable society in which to live.
Discussion
During the discussion under item III, the following issues were raised:
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