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services and accommodations more broadly, including access to housing, employment
and education. 21
40. In Colombia, civil society organizations reported the use of policing as a
mechanism to instil fear in, degrade or control people and communities of African
descent during the COVID-19 pandemic. 22 They measured significant racial profiling
based on skin colour and skin tone and found that people of African descent were
2−14 times more likely to be fined in a police interaction than similarly situated
non-Black people. Civil society also reported that the open use of stop and arrest
quotas left youth and others facing escalating rates of police conduct absent adequate
cause. In addition, the decentralized nature of the police in Colombia left many abuses
of authority concealed from national or higher-level authorities. Specific individuals
offered testimonies reporting harassment including strip searches, being made to do
push-ups, and sexual assaults by the police in routine stops and arrests. Youth in
detention reported forced labour in exchange for release. Several police themselves
acknowledged racial stereotypes, dehumanization and the use of animalizing and
offensive racial tropes against people of African descent, openly admitting that it led
them to more frequent use of force and acknowledging their perception that they
should protect communities from people of African descent rather than seeing
Afro-Colombians as part of their own communities.
41. Law enforcement agents used techniques that sometimes placed protesters at
risk, including the encirclement and squeezing of demonstrators (“kettling”) that had
been linked to police abuses in the past. In New York City, people of African descent
experienced police violence during COVID-19 that continued as demonstrations
began. Training documents showed instructions on using bicycles as “force
multipliers” in gaining compliance from mass demonstrations. 23
C.
Protest, public awareness and the global demand for change in the
context of racial disparities and police impunity
42. In 2021, popular protest and global demand that States confront and dismantle
systemic racism continued, in addition to reforms and investigations catalysed by the
events of the prior year(s) around the globe. The murder of George Floyd and others,
as well as the long history of police impunity and a culture of denial, had become
untenable to many. Many protesters demanded the defunding of police or the
redistribution of public resources away from carceral and force -driven problemsolving. In addition, ending or reducing the use of qualified immunity to protect the
police from civil liability for misconduct remained a core demand of protesters. 24
43. These demands for equity, equality and change were not welcomed universally;
efforts to compromise or sabotage them existed. In some racial justice protests, rogue
operators or white nationalist agitators were discovered to be behind violence and
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21
22
23
24
21-11641
S. Priya Morley, “Reckoning with racism against Black migrants in Mexico”, Open Gl obal
Rights, 16 February 2021.
According to the civil society submission from ILEX (Colombia) of May 2021.
John Bolger and Alice Speri, “NYPD ‘goon squad’ manual teaches officers to violate protesters’
rights”, The Intercept, 7 April 2021.
In the United States, Colorado (Enhance Law Enforcement Integrity Act (SB20 -217) (2020)) and
New Mexico (Civil Rights Act (HB 4) (2021)) are the first two states to effectively ban qualified
immunity. New York City appears poised to be the first city to se verely limit qualified immunity
(see https://abcnews.go.com/Politics/york-city-moves-end-qualified-immunity-making1st/story?id=76752098).
13/22