A/HRC/35/41
and restrictive immigration policies, targeted gang violence, police harassment, profiling
and stereotyping in the media. 5
12.
The Special Rapporteur noted that there were various causes of xenophobic attitudes
and practices. Some studies have rooted discrimination and bias in human psychology,
asserting that people are naturally and inherently scared of those they perceive as different.
Ignorance, lack of knowledge about migrants and/or foreigners or socialization itself may
also contribute to xenophobia. Other studies have suggested that in times of economic,
political or social instability, people often experience a “deficit of belonging”, which leads
to a tendency to draw boundaries as a way of achieving individual or collective security. 6
13.
Although xenophobia negatively impacts groups and individuals who are perceived
as foreign in all countries throughout the world, there is a need to better understand how
xenophobia manifests itself differently in different global regions. The Special Rapporteur’s
work is aimed at improving our understanding of these differences by contextualizing how
xenophobia operates in specific regions.
14.
The Special Rapporteur noted that it was important that both the mandate as well as
other relevant United Nations mechanisms and States maintained a focus on the issue of
xenophobia at the global level as it was likely to remain an ongoing challenge. Legal,
policy and programmatic measures at the national level were, in particular, key to
preventing the spread of xenophobic discrimination and violence and ensuring that those
who find themselves victims are accorded the necessary support. Global measures for
prevention and accountability remain key and, in that regard, the Special Rapporteur noted
with appreciation that the Secretary-General was leading a global campaign against the
issue of xenophobia. Similarly, he considered it fitting that xenophobia remained on the
agenda of the ongoing discussions and negotiations for the global compact on safe and
orderly migration.
Racial profiling in law enforcement
15.
In his 2015 report to the Human Rights Council, the Special Rapporteur addressed
the phenomenon of racial profiling in law enforcement (A/HRC/29/46). He discussed the
implicit biases and how they impacted the frequency of stops and criminal sentences.
Racial and ethnic profiling is commonly understood as a reliance by law enforcement,
security and border control personnel on race, colour, descent or national or ethnic origin as
a basis for subjecting individuals to detailed searches, identity checks and investigations, or
for deciding that an individual is engaged in criminal activity. Its use has often arisen in
connection with national security or immigration policies, yet various studies have shown
that it is ineffective.
16.
In the report, the Special Rapporteur gave an overview of various and increasingly
prevalent manifestations of racial or ethnic profiling. The “stop and frisk” operation often
disproportionately targets vulnerable populations. Police may also disproportionately target
certain minority groups for traffic stops. Profiling also occurs when officials perform
identity checks, ostensibly to address irregular immigration. Another manifestation is the
increased use of force against minority populations by law enforcement officials. In the
context of immigration, racial and ethnic profiling continues to occur at points of entry into
States, where customs and border agencies may force certain individuals or groups to
undergo additional security checks and interviews. Security measures and surveillance
policies enacted in relation to counter-terrorism efforts also motivate the use of racial and
ethnic profiling. Profiling in the context of immigration may also limit the ability of
individuals to travel, such as when States refuse to issue birth registration and identification
documents to members of ethnic groups. Profiling is also prevalent in criminal justice
systems, where there is often a correlation between minority status and harsher sentences.
17.
The Special Rapporteur highlighted the international, regional and domestic
measures taken to combat and prohibit racial and ethnic profiling. He also discussed the
5
6
See A/HRC/32/50, para. 38.
Ibid., para. 40.
5