A/HRC/29/46
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution 25/32.
It builds upon a report of the previous mandate holder (A/HRC/15/53), in which the then
Special Rapporteur discussed, among other issues, the question of racial profiling by law
enforcement agencies, and expressed concern about individuals from minority groups or
migrant backgrounds regularly being subjected to stops and searches, interrogations and
arrests by police and immigration officials, in a discriminatory manner, on the basis of their
perceived ethnic or religious affiliation. It also builds upon reports on country visits
(A/HRC/20/33/Add.1 and A/HRC/23/56/Add.2), and takes into account recent
developments and information gathered, notably through an expert meeting and additional
research on the phenomenon.
2.
Racial and ethnic profiling is commonly understood to mean a reliance by law
enforcement, security and border control personnel on race, colour, descent or national or
ethnic origin as a basis for subjecting persons to detailed searches, identity checks and
investigations, or for determining whether an individual is engaged in criminal activity.
Racial and ethnic profiling has been a persistent and pervasive issue in law enforcement,
and its use has often arisen in connection with policies on national security and
immigration. Police, immigration and detention officials often target various ethnic,
religious or racial groups. Since 11 September 2001, in the United States of America and
other countries, new patterns and contexts of racial and ethnic profiling have reportedly
been affecting a growing number of individuals and minority groups. In Europe, law
enforcement officials have reportedly targeted similar groups, especially since the recent
economic crisis. Racial and ethnic profiling has also been reported in other parts of the
world, such as Africa, Asia and the Middle East. Racial and ethnic profiling can thus
exacerbate discrimination already suffered as a result of ethnic origin or minority status.
3.
The Special Rapporteur is mandated by Human Rights Council resolution 7/34 of
28 March 2008 to address the practice of profiling and how it relates to counter-terrorism
measures. The successive mandate holders have addressed this issue through their country
visits and communications to Member States. The current Special Rapporteur drew
attention to the issue of racial profiling in a country visit report that he presented to the
Human Rights Council (A/HRC/23/56/Add.2). In various reports, the Special Rapporteur
has highlighted new exacerbating contexts and has urged States to undertake urgent and
comprehensive measures to combat this phenomenon.
4.
Important measures have been taken at the international, regional and national levels
to address the challenge of racial and ethnic profiling, ranging from the elaboration of an
international legal framework, to regular assessments of States by United Nations and
regional mechanisms, to the enactment and strengthening of legislative and criminal justice
processes at the national level, to better collection of data and the training of law
enforcement officers. Nevertheless, racial and ethnic profiling has persisted and continues
to pose a serious challenge to the realization of the rights of individuals of some racial,
ethnic and religious groups, across the world, and particularly in the light of contemporary
counter-terrorism measures.
5.
In the present report, the Special Rapporteur summarizes his activities, examines the
context that has led to the use of racial and ethnic profiling, and provides an overview of
the different manifestations of racial and ethnic profiling by law enforcement agencies such
as the police, immigration agencies and other security entities. He then provides an
overview of the legal, policy and regulatory frameworks prohibiting racial profiling and of
the relevant policies and laws that have been adopted at the international, regional and
national levels, before presenting different examples of good practices that have been
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