A/HRC/27/68
justice from the notion of equality had led to the “disposability” of people of African
descent. In conclusion, he said that it was important to assess the state of people of African
descent, including by means of an international conference on the state of people of African
descent globally.
18.
Launching the interactive discussion, the Chair-Rapporteur thanked Mr. Bogues for
highlighting the linkage between equality and justice. Commenting on the presentation, the
representative of South Africa stated that her country still faced the triple challenge of
poverty, inequality and unemployment; dealing with those challenges had been a central
focus for all democratic Governments in South African since 1994. Replying to a question
from Ms. Shepherd about the Center for the Study of Slavery and Justice, Mr. Bogues
provided an overview of activities currently under way at the Center, including an activity
aimed at reforming the education system.
19.
Pastor Murillo Martínez, a member of the Committee on the Elimination of Racial
Discrimination, delivered his presentation on people of African descent and the prevention
of racial discrimination in the administration and functioning of the criminal justice system,
focusing on the Committee’s general recommendation No. 31. He said that the two major
issues regarding racism in the administration and functioning of the criminal justice system
were adherence to the principle of equality before the law and the criminalization of racism.
In terms of equality before the law, he highlighted the proportionately higher crime rates
attributed to people of African descent and said that racial profiling and indirect
discrimination were two significant areas of concern in terms of discrimination faced by
people of African descent. The obligation on State parties to prosecute by means of
criminal law all acts of racism covered by the International Convention on the Elimination
of All Forms of Racial Discrimination, particularly those relating to the dissemination of
ideas based on racial superiority or hatred, incitement to racial hatred, racial violence and
incitement to racial violence, as well as racist propaganda activities and participation in
racist organizations, remained a major challenge. In terms of access to justice, he pointed
out that general recommendation No. 31 also stated that States should seek to eliminate the
discriminatory effects of legislation and in any case respect the principle of proportionality
in its application.
20.
Laurens Hueting from the Centre for the Independence of Judges and Lawyers of the
International Commission of Jurists made a presentation entitled “Judicial independence
and impartiality and diversity on the bench”. Addressing the relationship between judicial
independence and impartiality on the one hand and diversity on the bench on the other, he
pointed out that diversity on the bench could improve access to justice for minorities and
individuals from marginalized or discriminated groups, including women, improve the
legitimacy and quality of judicial decision-making and contribute to strengthening the
independence and impartiality of the judiciary. He emphasized that the appointment of
judges from groups that were discriminated against should take place against a backdrop of
respect for judicial independence and the rule of law. He concluded that diversity in the
judiciary enhanced the legitimacy of the judiciary and improved the quality of legal
decision-making, thus helping to safeguard judicial impartiality.
21.
Mireille Fanon Mendes-France made a presentation entitled “Impunity and
justiciability: people of African descent”. She provided several examples of situations in
which lack of effective application of the law coupled with lack of provisions to criminalize
racism had led to a lack of judicial accountability and to impunity. The number of cases
alone did not reflect the reality of discrimination prevalent within societies. Even almost
two centuries after the abolition of slavery and 50 years after the end of colonialism,
negative stereotypes remained prevalent and did not allow any sustainable change in the
racial paradigm. As a result, millions of people of African descent on various continents,
including Africa, faced social inequalities, exclusion, marginalization and
6