WCAR Outcomes on Criminal Justice - Summary
The WCAR recognised two key problems in law enforcement.
1. The structures and institutions of the law in many countries fail to reflect the “multi-ethnic, pluricultural and plurilingual characteristics of the population” (Declaration para 22).
2. Racism persists in “the functioning of the penal systems, … the application of the law [and] the actions and attitudes of law enforcement agencies and personnel” and this, among other things, contributes to “certain groups being over-represented among persons under detention or imprisoned” (Declaration para 25).
Several proposals and commitments were adopted which can be grouped under the following headings.
Recruitment
The aim of recruitment should be to have a “high quality and diverse police force free from racism” and, therefore, the force should actively recruit all groups, including minorities. Similarly for other agencies in the criminal justice system, such as prosecutors (PoA 74(a)).
Training
Public officials in all parts of the criminal justice system require training in international human rights norms including those prohibiting racial discrimination, the application of these in the domestic arena, their own human rights obligations, their obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Officials specifically mentioned are law enforcement officers, prison officers, prosecutors, judicial officers, immigration officials, border police and staff in detention centres (PoA 133, 135, 138).
Law enforcement officers and other relevant officials are also to be trained in the prevention of people trafficking (PoA 139).
Monitoring and accountability
There should be regular monitoring of racist or discriminatory acts by all public officials, including law enforcement officers (PoA 95). Those identified should be prosecuted (PoA 71).
The criminal law
Where racism motivates a criminal act it should be an aggravating factor for the purposes of sentencing (PoA 84).
Law enforcement strategies
As one strategy to reduce racist violence data collection on such violence should be “enhanced” (PoA 74(b)(v)). Prohibitions of violent criminal activity need to be strongly enforced (PoA 74(b)(iv)).
Collaborations with local community leaders should be established “to improve coordination, community involvement, training, education and data collection” with the aim of preventing racist violence (PoA 74(b)(iii)).
‘Racial profiling’ – where officers rely on race, colour, descent or national or ethnic origin as the basis for investigating, charging, prosecuting or convicting a person with an offence – should be eliminated (PoA 72).
Prepared by the Race Discrimination Unit, HREOC.
