E/CN.4/2004/18
page 7
B. Racial profiling
8.
In its final report, the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance urged States to combat the phenomenon “comprising the
practice of police and other law enforcement officers relying […] on race, colour, descent or
national or ethnic origin as the basis for subjecting persons to investigatory activities or for
determining whether an individual is engaged in criminal activity”. This sort of practice
generally takes the form of disproportionate checks, with frequent searches of persons belonging
to targeted racial, ethnic or religious groups in ports and airports, in the street or when they are
driving their cars. In a number of countries, certain racial or ethnic minorities are associated in
the minds of the authorities with certain types of crimes and antisocial acts, such as drug
trafficking, illegal immigration, pickpocketing and shoplifting. In other words, by targeting
specific social groups, or the members of selected communities, the law enforcement agencies,
often echoed and supported by the media, literally undertake to criminalize and stigmatize the
members of these groups and communities and even whole areas where they live. Most of the
time, the only profiling criterion, apart from skin colour, is external cultural or religious signs.
9.
The excesses committed in the name of combating terrorism generate new forms of
racism and discrimination and more generally speaking exclusion and repression. Racial, ethnic
and religious profiling should be seen as the tip of the iceberg of racism and discrimination.
It is often argued that the behaviour of the law enforcement authorities is justified because it
reflects the dominant attitude of the population towards members of communities, which are
systematically treated as criminal either by the media and because they account for an unusually
large proportion of the prison population. Racial and religious profiling, in view of its
widespread practice in all continents, and especially of the responsibility borne by the central law
enforcement agencies, appears as an alarming indicator of the rise of a racist and discriminatory
culture and mentality in many societies. The recognition of this practice and the adoption of
legislative, judicial and administrative measures to ban and punish it must be built in to all
national programmes for combating racism, discrimination and xenophobia.
C. Racial discrimination against the Roma/Gypsies/Sinti/Travellers
10.
The World Conference against Racism recognized the Roma/Gypsies/Sinti/Travellers
as vulnerable groups, exposed to racial discrimination, and encouraged States “to develop
effective policies and implementation mechanisms for their full achievement of equality”
(Durban Declaration, paragraph 68, Durban Programme of Action, paragraphs 39 to 44). The
last report of the European Roma Rights Centre received by the Special Rapporteur1 shows that
these groups remain exposed to several forms of racial discrimination in a number of Eastern and
Western European countries, particularly in the areas of education, housing and access to basic
social services. Many communities are regularly subjected to police violence. The Special
Rapporteur feels particular concern at the educational policies practised in some countries, which
consist in segregating Roma children in special schools for supposedly backward children. In his
view, this is one of the main obstacles to the integration of Roma which needs to be removed.
Some encouraging efforts have been made in this respect by Bulgaria, which should serve as an
example for the other States concerned.