A/HRC/4/39
page 14
III. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
53.
The Working Group acknowledges that racial profiling is a violation of the right to
non-discrimination, which is firmly anchored in international law. Racial profiling breaches
several rules of international law, since the prohibition of discrimination is mentioned in
Article 55 (c) of the Charter of the United Nations, and in almost all international instruments on
the protection of human rights.
54.
The Working Group recalls that international and regional norms make clear that racial
discrimination in the administration of justice is unlawful. The Working Group urges States to
clearly define and adopt explicit legislative provisions banning racial profiling.
55.
The Working Group reiterates the definition of racial profiling in paragraph 72 of the
Durban Programme of Action which comprises the practice of police and other law enforcement
officers relying, to any degree, 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.
56.
The Working Group stresses that racial profiling has been recognized as a specific
problem as a result of the systematic and historic targeting of persons of African descent, with
severe consequences in creating and perpetuating a profoundly negative stigmatization and
stereotyping of persons of African descent as having a propensity to criminality.
57.
The Working Group acknowledges that religion should be included as one of the
prohibited grounds on which racial profiling can be manifested.
58.
The Working Group affirms that in most cases where racial profiling has been applied, no
significant results have been achieved in terms of enhanced security and great harm has been
done to people of African descent and other vulnerable groups.
59.
The Working Group welcomes the General Assembly decision to convene in 2009 a
review conference on the implementation of the Durban Declaration and Programme of Action.
60.
The Working Group is convinced that States must take action and pursue policies that
reduce de facto inequalities and help groups facing deep-rooted discrimination to overcome their
adverse situation vis-à-vis other members of the community.
61.
The Working Group believes that Governments should implement and enforce
appropriate and effective legislation to prevent acts of racism, racial discrimination, xenophobia
and related intolerance, thereby contributing to the prevention of human rights violations.
62.
The Working Group believes that States should review and reform immigration laws and
practices in order to ensure that they are in accordance with international human rights standards.
63.
The Working Group reaffirms that diversity is an asset. It believes that mutual
understanding and interaction are important tools for combating racism, racial discrimination,
xenophobia and related intolerance, and can prevent the occurrence of racial profiling.