A/HRC/53/62
2001. A classified Federal Bureau of Investigation counter-terrorism policy guide, dated
April 2015, indicates that domestic terrorism investigations focused on militia extremists,
white supremacist extremists and sovereign citizen extremists often have identified active
links to law enforcement officers. In February 2023, the Minnesota Board of Peace Officer
Standards and Training adopted a policy prohibiting persons who associate with racist or
violent extremist groups or who espouse racist or violent extremist ideologies from serving
as law enforcement officers in Minnesota. However, the Minnesota Police and Peace Officers
Association, which is the largest association for law enforcement officers in Minnesota, and
the Law Enforcement Labor Services, which is the largest union representing Minnesota law
enforcement officers, reportedly oppose the policy and argue that it is unnecessary and
excessively broad.
72.
According to the information provided, there are many cases of expression of hateful
sentiments by law enforcement officers in Minnesota and in the United States more broadly.
Multiple investigations of United States law enforcement officers’ online and in-person
behaviour have reportedly revealed the widespread use of racist language and the promotion
of far-right and racist ideologies. Data collected from the public Facebook posts of current
and former law enforcement officers across eight United States cities revealed that about one
in five of the current officers and two in five of the retired officers had made public posts or
comments containing racist or extremist content, typically by displaying bias, applauding
violence, scoffing at due process or using dehumanizing language.
73.
Following the murder of George Floyd in Minneapolis, in May 2020, the Minnesota
Department of Human Rights reportedly opened an investigation to determine whether the
City of Minneapolis and the Minneapolis Police Department were engaged in a pattern of
racial discrimination in violation of the Minnesota Human Rights Act. According to body
camera footage, disciplinary records, statements from community members and interviews
with police officers, the Department of Human Rights discovered the use of racial slurs and
misogynistic language among some law officers and supervisors. Racist and extremist
behaviour is reportedly sometimes modelled by high-ranking police officials. For example,
a former Police Department lieutenant, who also served as the president of the Police
Department’s union, has repeatedly referred to Black Lives Matter as a terrorist movement
and a terrorist organization and called George Floyd a violent criminal. The Department of
Human Rights concluded in its investigation that Minneapolis police officers engaged in the
use of force, traffic stops, searches, citations and arrests with significant racial disparities
against people of colour, constituting a pattern or practice of racial discrimination, in
violation of the Minnesota Human Rights Act. Law enforcement officers in the United States
have also failed to protect lawful racial justice demonstrators from violent attacks by far-right
extremists. The Department of Human Rights also reportedly discovered that Minneapolis
police officers consistently used racist, misogynistic and disrespectful language while on or
off duty and that they were rarely held accountable.
IV. Applicable international legal framework
74.
The Special Rapporteur recalls that the prohibition on racial discrimination is a
peremptory norm of public international law.5 The most comprehensive prohibition of racial
discrimination can be found in the International Convention on the Elimination of All Forms
of Racial Discrimination. Other international human rights treaties, including the
International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child and the
Convention on the Rights of Persons with Disabilities, also broadly enshrine the principle
that all persons, by virtue of their humanity, should enjoy all human rights without
5
14
See A/77/10 and A/CN.4/727.