A/HRC/27/68
underrepresentation at the political level. In terms of access to justice, she outlined the
challenges faced by victims of racial discrimination in receiving a fair trial and judicial
remedy in line with international norms and standards. She emphasized the detrimental
impact racial discrimination had on democratic society and public order. In conclusion, she
said that the justiciability of racial discrimination depended to a great extent on the nature
of power relations, which were often in contradiction with the internationally accepted
Charter of the United Nations and various human rights instruments which stipulated the
principles of equality and non-discrimination.
22.
During the interactive discussion, Maya Sahli asked about the number of complaints
received from people of African descent by the Committee on the Elimination of Racial
Discrimination. Mr. Murillo Martínez said that there had been an increasing trend in terms
of complaints that were being received from people of African descent. Responding to a
question from an NGO representative about efforts to increase the representation of people
of African descent in the judiciary, Mr. Murillo Martínez said that the minimal or nonexistent representation of people of African descent on the bench was a glaring problem. He
informed participants that the Committee was taking up the issue, including through an
early warning and early action procedure, in order to address gross patterns of racism and
racial hatred or violence, as well as the lack of legislative procedures or due process to seek
legal remedy. Responding to a question from an NGO representative about the importance
of training for judges, Mr. Hueting said that training was important and was linked to
enhancing the independence and impartiality of judges.
23.
Giles Devers, a lawyer and Professor of Law at the University of Lyon, France,
made a presentation entitled “Effective ways to address acts of racism at the national and
regional levels”. Mr. Devers highlighted various ways of addressing racism at the national
level under the European system, focusing on the applicability of existing law and problems
with its implementation. He drew attention to the role of the European Court of Human
Rights in handling hate speech, as well as cases of direct and indirect discrimination. He
pointed out that civil action was essential in combating racism, together with knowledge of
the law so that people who wanted to bring cases before the courts were aware of the
judicial procedures. He also said that it was essential to produce compilations of case law
and set up microcredit schemes to fund legal proceedings to support activists in combating
racism.
24.
Luis Espinosa, Counsellor at the Permanent Mission of Ecuador to the United
Nations, made a presentation on Ecuadorian experience of mapping injustices. He
highlighted several provisions of the Constitution of Ecuador and national legislative
instruments and policies aimed at addressing the inequalities faced by various vulnerable
communities, including people of African descent. In explaining how the Government had
addressed inequalities, he made reference to the Atlas of Socioeconomic Inequalities in
Ecuador, a tool which provided a historical and territorial analysis of the different types of
inequalities that had existed in Ecuador over the previous 20 years. The Atlas, which
graphically presented multiple socioeconomic indicators reflecting changes in numerous
parameters related to health, education and poverty, had also facilitated the development of
national and local policies to narrow social and economic gaps.
25.
During the interactive discussion, Ms. Najchevska asked about the effectiveness of
national implementation of the decisions made at the European Court of Human Rights. Mr.
Devers responded by stating that, while national procedures did exist for the effective
application of the decisions of the European Court, there were possibilities in some
countries to review procedures at the domestic level even after the Court had issued a
judgement. The representatives of Morocco and the Bolivarian Republic of Venezuela
commended Ecuador for developing the Atlas, noting that it represented an example of
7