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which, in turn, could lead to imprisonment which subsequently had an impact on the community
of people of African descent as there were fewer able workers to contribute to the local
economy. A call was made for a study to be made on discrimination in the justice system, first
suggested by Leila Zerrougui. It was suggested that following up on Ms. Zerrougui’s suggestion
was long overdue.
18. Comments were also made regarding the fact that the majority of violence and victims of
improper administration of justice were youths of African descent; several commentators
stressed the need to determine why that was the case.
19. A further comment was made regarding the necessity for a racial equality index to be
developed in order to determine such things as racial abuse in the administration of justice. A
suggestion was made that the United Nations Development Programme should establish a racial
equality index as part of its human development index.
20. A person from the floor inquired whether the Working Group had found any forms of best
practices mentioned by Mr. Frans. Furthermore, it was noted that, in its first and second sessions,
the Working Group had pointed out the need for more studies and a compilation of data
regarding jury selection and police violence. Although mention had been made of the need for
such a study, nowhere did it indicate who exactly would compile that study. It was thought that
such a study would be of great use to the Durban Review Conference.
21. Mr. Frans thanked the room for its contributions and stressed their importance to the
Preparatory Committee and the Durban review process. As the jury was one of the most
important factors concerning the administration of justice, he added that it was imperative for
defendants to be judged by a jury of people that reflected the racial dynamics of the country in
question.
22. Mr. Frans then stated that it was difficult to properly assess the number of people with
inadequate access to justice, particularly in larger countries. This was especially so in the case of
people from specific segments of society.
23. He stated that best practices that work in one region should be transferred to others,
including national plans of action.
24. Mr. Kasanda underlined the problem of impunity in the police force. There was still a need
for guidelines, recommendations and sanctions regarding the need to recruit officers of all races
to reflect racial diversity and to ensure that human rights principles were included in training law
enforcement officers. Without the necessary political will, those recommendations would have
great difficulty in being implemented.
25. Mr. Frans, commenting on the issues of best practices, mentioned as an example the first
study within the framework of the Council of Europe. He stated that that study examined
constitutional frameworks in different countries. He also indicated that some countries were
more active than others. In Belgium, for example, the responsible ministry was quite actively
working on disaggregated data.