A/HRC/27/68
contributes to an unfair overrepresentation of people of African descent among
persons in detention. The Working Group notes that people of African descent are
often subjected to longer sentences than other individuals who have committed the
same offence. The practice of racially profiling youth of African descent leaves them
disproportionately policed, prosecuted, convicted and imprisoned compared to the
rest of the population.
58.
The Working Group is concerned about the torture, ill-treatment and
harassment suffered by people of African descent at the hands of law enforcement
officials. When the rights of people of African descent are violated, recourse to
institutions of justice is often a distant possibility. Inadequate complaint mechanisms
prevent young people of African descent from responding to misuse of power and
discriminatory practices by the law enforcement and judicial authorities. The
consequences of racial targeting are far-reaching and have both individual and
collective effects.
59.
The Working Group notes that, despite the existence of numerous legislative
instruments at the national, regional and international levels, women and girls of
African descent are facing even more challenging obstacles to justice. Women of
African descent very often suffer physical or verbal violence on the part of judicial
and law enforcement authorities.
B.
Recommendations
60.
In order to provide equal access to justice for people of African descent and as
a part of the duty of States to protect human rights, the Working Group calls upon
States to guarantee that:
(a)
The principles of restorative justice are applied in addressing access to
justice for people of African descent;
(b)
At the national and regional levels, an atlas mapping injustices is
developed, supported by comprehensive disaggregated data. Such atlases can be the
framework for dialogue in addressing the realization of fundamental rights and the
protection of knowledge for vulnerable populations, including people of African
descent;
(c)
Youth of African descent enjoy, including, when appropriate, through
the provision of special measures, access to quality education and appropriate
professional orientation in order to have access to positions in the judiciary and
administrative institutions at the highest levels;
(d)
Institutionalizing young people is used as a last resort;
(e)
The intersectional nature of discrimination on the basis of gender,
religion or ethnicity and other forms of discrimination is recognized, keeping in mind
that perpetrators of multiple forms of discrimination are not always cognizant of the
fact that they are racially discriminating;
(f)
Appropriate education and training are provided for youth of African
descent in order to prevent unemployment, social stigmatization, police profiling and
brutality;
(g)
Good quality and free legal aid is offered to women of African descent
who are in need, so that access to justice is available to everyone. Information about
legal services and legal centres should be easily available and widely distributed,
especially among groups facing multiple forms of discrimination, such as women of
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