A/HRC/33/61
delved into the scope of justice in the context of institutional racial bias and bias in law
enforcement. He said that, to address those forms of bias, regional and national laws must
be adopted to create the possibility of restitution, compensation and satisfaction for those
affected. Furthermore, the jurisdiction and competence of regional and domestic courts and
tribunals must include the authority to grant various forms of reparatory justice. He
recommended a number of measures in that regard, including laws defining and punishing
racial profiling by police and other forms of state-sanctioned violence. At the same time,
alternatives to imprisonment should be explored. He provided a number of examples of
case law on justice and reparation. He concluded by saying that, in the context of the
themes of the International Decade, there needed to be greater appreciation for the
interconnections between justice on the one hand and recognition and development on the
other.
26.
Ralph Gonsalves, Prime Minister of Saint Vincent and the Grenadines, in his
videotaped message said that the call by the Caribbean Community (CARICOM) for
reparations concerned past enslavement. Describing the history of enslavement in his
country, he said that enslavement had produced a legacy of underdevelopment in respect of
education, health, housing and other sectors. He called on European nations to repair the
legacy of underdevelopment caused by enslavement. CARICOM had set up a regional
reparations commission, with individual countries setting up their own national reparations
commissions. He also highlighted the objectives of the CARICOM Ten-Point Action Plan
for reparations and the need to consolidate international support for reparatory justice.
27.
Pastor Elías Murillo Martínez, a member of the Committee on the Elimination of
Racial Discrimination, after mentioning the ongoing collaboration between the Committee
and the Working Group, gave a presentation on racial profiling and its impact on people of
African descent. He emphasized that there was a need to study in depth the manifestations
and consequences of racial profiling and its disproportionate impact on people of African
descent. Historical prejudice against people of African descent was the basis for presentday racial profiling, a practice that police guidelines often encouraged. Lack of training for
enforcement officials could also lead to racial profiling, which eroded trust in public
authorities, in particular law enforcement and the judiciary. Emphasizing the importance of
data collection and analysis, he outlined a number of recommendations contained in a study
conducted by the OHCHR Regional Office in Panama on racial profiling, including the
adoption of measures criminalizing racial profiling, establishing sanctions for perpetrators
of racial profiling and remedies for victims, conducting background checks of law
enforcement officials, strengthening existing complaint mechanisms, providing relevant
training to law enforcement officials and collecting data on racial profiling. Commenting on
previous presentations, he said that reparation was essential for establishing equality before
the law so that people of African descent could fully enjoy their rights. There was a link
between the history of people of African descent and their current situation.
28.
Ojeaku Nwabuzo, representing the European Network against Racism, presented a
report on Afrophobia in Europe that her organization had compiled on the basis of a study
of the impact of racism on people of African descent in 20 European Union countries
(Austria, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Germany, Greece, Hungary,
Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, Portugal, Spain, Sweden and the
United Kingdom) primarily covering the period 2014–2015. The report discussed the most
significant issues faced by people of African descent in many areas of their lives, such as
education, health, housing, employment, criminal justice and public life. Key findings
included the impact of national responses to the “migration crisis” and changes to migration
and integration policies affecting people of African descent. The report concluded that the
significant disadvantages and barriers erected through the prism of racism affected the life
chances and outcomes of people of African descent. Political discourse was framed by
political elites, and people of African descent were underrepresented in political life. The
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