(i)
A cycle of fear and victimization, easily understood given that we are speaking of already
historically marginalized and discriminated communities;
(ii)
Improper classification of cases and petitions – We see this even in international tribunals.
For example, the Commission hears many Death Penalty Cases but one can easily fail to
recognise that often, these actually deal with Afrodescendants, because the issue of race is
invisible, even in the face of alarming facts such as blatant race taunts. These are also cases
of race discrimination but they do not get classified as such;
(iii)
Few civil society organisations (who are the main petitioners in human rights regimes)
highlight, or even interrogate, the issue of race; and
(iv)
Improper classification of offences at the domestic level, for example, failing to investigate
crimes perpetuated against minorities as hate crimes, instead treating them as mere assaults
etc.
Ultimately, the issue of race in the criminal justice system needs to be visibilised if it is to be
addressed effectively. The recent initiatives of the IACHR, in particular, the Rapporteurship on the
Rights of Persons of African Descent and against Discrimination, including its forthcoming Report
and a concerted effort to hold more hearings on this sensitive issue, are attempts to do exactly that.