A/HRC/11/36/Add.3 page 28 101. 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.

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