these engagements inscribe black people as presumptively suspect, communicates the idea that
black lives do not matter, and exposes them to the possibility of police violence.” 4
CERD has also acknowledged the pervasive anti-Black prejudice that feeds and is equally fed by
history and structural impediments in a vicious cycle that perpetuates vulnerability, stereotypes
and stigma. Poverty is both a cause and a consequence of this cycle of rejection and despair.
In its General recommendation No. 34 adopted by CERD in 2011on racial discrimination against
people of African descent, the UN Committee on the Elimination of Racial Discrimination
recognized that:
“6.
Racism and structural discrimination against people of African descent, rooted in
the infamous regime of slavery, are evident in the situations of inequality affecting them
and reflected, inter alia, in the following domains: their grouping, together with
indigenous peoples, among the poorest of the poor; their low rate of participation and
representation in political and institutional decision-making processes; additional
difficulties they face in access to and completion and quality of education, which results
in the transmission of poverty from generation to generation; inequality in access to the
labour market; limited social recognition and valuation of their ethnic and cultural
diversity; and a disproportionate presence in prison populations.”
CERD has called on States to:
“39. Take measures to prevent the use of illegal force, torture, inhuman or degrading
treatment or discrimination by the police or other law enforcement agencies and officials
against people of African descent, especially in connection with arrest and detention, and
ensure that people of African descent are not victims of practices of racial or ethnic
profiling.”
Let’s be clear, in deeply divided multi-racial communities, the problem is not one of policing
methodologies per se, but rather, the problem is racism.
The issue is one of explicit and implicit stereotypes of people, of all people of the minority
community, as being poor and therefore angry and violent. Consider this scenario: Patterns of
poverty, racially segregated residential areas and school districts often create enormous social
distance between the daily lives of minority communities and others. Members of the majority
don’t go to school with minorities, don’t live near them, or shop where they do. There may be a
4
Unpublished paper by Devon W. Carbado, The Legalization of Racial Profiling: Setting the Stage for Police
Violence.
4