A/HRC/56/68/Add.1 J. Gun violence 39. The Special Rapporteur received deeply concerning information about high and growing rates of gun-related deaths and injuries and the disparate impact of such tragedies on individuals of African descent, Indigenous Peoples and Latino/Hispanic communities. Children and teens of African descent are five times more likely to die from gun homicide than white peers.21 Such violence destroys the fabric of communities and leads to extensive secondary trauma as communities needlessly lose family members, friends and peers. The Special Rapporteur is shocked that firearms injuries were the leading cause of death in those aged from 1 to 19 the United States in 2022.22 The disparate impact of gun violence is a tragic manifestation of the way that American society systemically applies an “adultification” bias to children from racially marginalized groups. 40. Many of the root causes of the gun violence impacting marginalized racial and ethnic groups are grounded in systemic racism. The Special Rapporteur heard in Detroit about how societal trends – including unprocessed grief and trauma from the disproportionate losses suffered during the COVID-19 pandemic, intergenerational trauma, drug use driven by societal exclusion and the lack of treatment options as determined by race, and the absence of socioeconomic opportunities resulting from sustained community disinvestment – were contributing to patterns of gun violence. The failure of the Government to control firearms effectively and the significant commercial interests of the firearms industry are also key root causes that must be addressed. The Special Rapporteur commends the passing of the Bipartisan Safer Communities Act and the establishment of the White House Office of Gun Violence Prevention, as well as the efforts of some states, including Michigan, to address gun-related harm among those from marginalized racial and ethnic groups. K. Law enforcement and the criminal justice system 41. The Special Rapporteur is concerned about reports of the surveillance and overpolicing of Black, Arab, Islamic, Indigenous and Latino/Hispanic communities, and how it contributes to lack of trust between these groups and law enforcement agencies. The alleged endemic use of racial profiling by police officers and officers from a range of law enforcement agencies, such as Immigration and Customs Enforcement and Customs and Border Protection, is a component of this surveillance and overpolicing and contributes significantly to lack of trust. The Special Rapporteur is concerned that Customs and Border Protection has jurisdictional authority in regions within 100 miles of United States borders. This allows them broad powers to set up checkpoints and undertake immigration checks, which can reportedly be undertaken on the basis of racial profiling. Moreover, Customs and Border Protection officers reportedly often overstep their already broad powers and stop and search people, disproportionately from marginalized racial and ethnic groups, without a basis for reasonable suspicion or a warrant, in violation of due process. These tendencies are reportedly exacerbated by a lack of training among officers and inadequate monitoring and accountability within the Department of Homeland Security. 42. Stop-and-search activities often lead to intimidating and dangerous situations for minorities in the United States. Police officers and other law enforcement officials often fail to de-escalate situations, sometimes leading to the excessive and lethal use of force by police and law enforcement officers, that can lead to those from racially marginalized groups being injured or killed. 43. Qualified immunity provisions and shields provided by police unions are factors perceived to create a lack of accountability for such human rights violations and to reinforce a sense of impunity. In this regard, it is concerning that the relevant frameworks regulating the use of force by law enforcement officials reportedly do not consistently enshrine the 21 22 10 Leonardo Mariño-Ramírez and others, “Comparison of US firearm-related deaths among children and adolescents by race and ethnicity, 1999-2020”, JAMA Network, vol. 328, No. 23 (2022). Centers for Disease Control and Prevention, “Fast facts: firearm violence and injury prevention”, available at https://www.cdc.gov/violenceprevention/firearms/fastfact.html. GE.24-08027