A/HRC/7/36
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the Office of the High Commissioner. The Chairperson-Rapporteur thanked the panellists for
their presence and future contributions that he knew would enrich the final discussion and the
final contribution to the Preparatory Committee.
9.
The provisional agenda was adopted.
10. The Chairperson introduced agenda item 5 by calling to the attention of the Working
Group the need to encourage discussion and arrive at concrete recommendations to the
Preparatory Committee for the Durban Review Conference.
11. A statement was made on behalf of the African group to encourage a rich and extensive
discussion in order to prevent gaps and ensure the session of the Working Group was brought to
a positive end. A desire was also expressed that the Working Group, panellists and State
observers should unite to ensure that the Working Group effectively fulfilled its mandate.
A. Analysis of conclusions and recommendations made
by the Working Group at its previous sessions
Item 5 (a) (i): Administration of justice
12. Mr. Frans, member of the Working Group on People of African Descent, presented his
paper on the administration of justice. He started his presentation with a brief report of the
meeting of the African Union in Paris with people of African descent living in Europe. The
objective of that meeting was to create sustainable partnerships between people of African
descent around the world and the African continent through a realizable programme of action. In
his paper, he highlighted the discrepancies in access to justice for peoples of African descent in
comparison with other racial groups within a given society. During his presentation he further
highlighted the fact that people of African descent were among the most vulnerable and
discriminated groups, and for that reason needed specific legal mechanisms protecting their right
not only with regard to adequate and fair trials, but also in all other areas of the justice system.
Mr. Frans also mentioned the need to establish and collate best practices from several regions
which would be used in effectively combating the scourge of racism.
13.
There was general endorsement of the ideas and concepts of Mr. Frans’ presentation.
14. Mr. Kasanda, Chairperson of the Working Group on People of African Descent, opened
the floor to debate on the theme of the administration of justice.
15. Several comments were made by members of the floor highlighting not only the lack of
access to justice in its administration but also the lack of representation by peoples of African
descent in justice systems, judicial appointments, magistrates’ courts and all the way to the high
courts of many States.
16. The need for disaggregated information on the presence of people of African descent in the
justice system was identified as important.
17. An issue was raised concerning the economic situation of people of African descent in
relation to the administration of justice and how a lack of adequate funding had an impact on
their right to afford good representation. That situation led to limited or inadequate defence