Ms Taghreed Jaber, Regional Director, Middle East & North Africa Office of Penal
Reform International, stressed the importance of first contact with the police as it
tended to reflect or affect the experience of minorities throughout the whole justice
process. She emphasised the need to counter the culture of impunity by establishing
mechanisms to ensure accountability for actions of police officers. She remarked on the
situation of overcrowding that she said characterizes the majority of prisons in the Middle
East and North Africa, with its disproportionate impact on vulnerable groups and
minorities. She highlighted that a large proportion of persons deprived of liberty remain
in pre-trial detention. She noted that detention is often used in a punitive manner, rather
than for the goal of rehabilitation, and highlighted the importance of the Bangok Rules
for women in detention.
Mr. András László Pap, Professor of Law, Hungarian Academy of Sciences, and
former Rapporteur for the European Parliament on ethnicity- and race-based
profiling in counter-terrorism law enforcement and border control, highlighted the
challenges raised by collecting data on race or ethnicity when there is no clear definition
or classification of minority communities or what constitutes membership within the
groups. The options used to define membership, for example reliance on self-declaration
by the persons concerned, or based on the perception of the police officer or other
outsiders, often from the majority, or even by applying objective criteria, such as name,
language, skin color, clothing, or place of birth, are not ideal. He pointed out that
discrimination in criminal justice systems can occur both in over- and under-policing of
minorities.
Ms Durga Sob, Feminist Dalit Organization, shared her observations concerning the
challenges of Dalits and Dalit women in the Nepalese criminal justice system. She
regretted that the investigation and prosecution system were not sensitive to the poor or to
Dalits. As a consequence she highlighted that Dalits do not feel that the system is
oriented toward the protection of their rights. In this respect, while caste-based
discrimination has been criminalized by law, it remains rare that victims of such
discrimination obtain justice. She recommended legislative reform of the criminal justice
system in Nepal, the standardization and modernization of investigation policies and
methods, and called for a holistic legal aid system be put in place.
Ms Salimata Lam, Programme Coordinator at SOS-Esclave, Mauritania, shared
observations regarding the situation of victims of slavery and descendants of slaves and
of national minorities. She highlighted the difficulties of certain linguistic minorities in
navigating the Mauritanian criminal justice system, which predominantly uses Arabic
without systematic resort to interpretation services. Courts are centralized, which
prevents communities living in the margin from having adequate access to justice. Ms
Lam welcomed the draft recommendations related to legal aid as important in improving
access to justice for minorities. She also particularly welcomed recommendations related
to the training of judges, other judicial actors, and supported the call for access to an
interpreter during criminal proceedings.
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