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101. As a matter of urgency, the Government should clarify to law enforcement officials
the obligation of equal treatment and, in particular, the prohibition of racial profiling. This
process would benefit from the adoption by Congress of the End Racial Profiling Act. State
Governments should also adopt comprehensive legislation prohibiting racial profiling.
102. To monitor trends regarding racial profiling and treatment of minorities by law
enforcement, federal, state and local governments should collect and publicize data about
police stops and searches as well as instances of police abuse. Independent oversight bodies
should be established within police agencies, with real authority to investigate complaints
of human rights violations in general and racism in particular. Adequate resources should
also be provided to train police and other law enforcement officials.
103. Mandatory minimum sentences should be reviewed to assess disproportionate impact
on racial or ethnic minorities. In particular, the different minimum sentences for crack and
powder cocaine should be reassessed.
104. In order to diminish the impact of socio-economic marginalization of minorities in
what concerns their access to justice, the Government should improve, including with
adequate funding, the state of public defenders.
105. The Special Rapporteur recommends that complementary legislation be considered
to further clarify the responsibility of law enforcement and criminal justice officials not
only to protect human rights, but as key agents in the fight against racism.
106. In view of the recent recommendations by the Human Rights Committee,58 the
Committee Against Torture59 and the Committee on the Elimination of Racial
Discrimination,60 and considering that the use of life imprisonment without parole against
young offenders, including children, has had a disproportionate impact for racial
minorities, federal and state governments should discontinue this practice against persons
under the age of eighteen at the time the offence was committed.
107. The Government should intensify funding for testing programs and “pattern and
practice” investigations to assess discrimination, particularly in the areas of housing and
employment. Robust enforcement actions should be taken whenever civil rights violations
are found.
108. The Department of Education, in partnership with state and local agencies, should
conduct an impact assessment of disciplinary measures in public schools, including the
criminalization of school misbehaviour, and revisit those measures that are
disproportionately affecting racial or ethnic minorities.
58
CCPR/C/USA/CO/3/Rev.1, para. 34.
59
CAT/C/USA/CO/2, para. 34.
60
CERD/C/USA/CO/6, para. 21.