A/HRC/4/39 page 7 underlined that there is a difference between racial profiling and criminal profiling. The main difference is that racial profiling relies on race while criminal profiling relies on behaviour. She underlined the importance of statistics on racial profiling to determine the magnitude of the problem, general trends and the methods that can be best used to combat it. 29. Irina Moroianu-Zlătescu, member of the Working Group on People of African Descent, began her presentation by providing an overview of the United Nations international framework applicable to the prohibition of racial profiling, including instruments, mechanisms and procedures. She explained that the provisions contained in international human rights instruments are only a general framework for approaching the issue of racial profiling. She underlined that for effective prohibition of such practices, aimed at eradicating the phenomenon, there is a need for specific legislative measures. Good practice also needs to be circulated, in particular to law enforcement agencies. 30. Georges Jabbour, member of the Working Group on People of African Descent, reviewed two definitions of racial profiling: one by police and one in the administration of justice. He stressed that the practice of racial profiling is ineffective in fighting crime, in addition to being contradictory to international human rights law. He stressed that racial profiling ought to be criminalized in national legislation. Item 6 (b): The problem of racial profiling in the administration of justice 31. Régis de Gouttes, Chairman of the Committee on the Elimination of Racial Discrimination (CERD), provided a detailed overview of CERD general recommendation XXXI on the prevention of racial discrimination in the administration and functioning of the criminal justice system. He explained that people of African descent are covered by the general recommendation and that it covers not only racial profiling but all manifestations of racial or ethnic discrimination in the administration and functioning of the criminal justice system. Racial profiling is explicitly addressed in paragraph 20 of the general recommendation. He explained that the definition of racial profiling contained in paragraph 72 of the Durban Programme of Action is larger in scope than that contained in paragraph 20 of the general recommendation. Item 6 (c): Regional work on and experience of the issue of racial profiling 32. Claudia Lam, a lawyer at the European Commission against Racism and Intolerance (ECRI), made a presentation on the work of ECRI in relation to the issue of racial profiling. This started with a country-by-country approach and will now deal with the issue by means of its general policy recommendations. A provisional draft definition of racial profiling used by ECRI focuses on the use of racial profiling by law enforcement officials. ECRI has chosen to use the notion of racial profiling and not ethnic profiling as this term would be too narrow. ECRI defines racial discrimination as discrimination on grounds of race, colour, language, religion, nationality, or national or ethnic origin. This definition stresses that racial profiling is a form of racial discrimination, based on the ECRI definition of racial discrimination, itself based on the case law of the European Court of Human Rights. The definition does not refer to stereotypes, as do many other definitions.