HRC54: Dismantling system racism in law enforcement and public life
The 54th Session of the Human Rights Council
11 September - 13 October 2023
Item 9 - Enhanced Interactive Dialogue with High Commissioner and International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement
05 October 2023
By Symone McCollin-Norris / GICJ
Executive summary
On the 5th of October 2023, The Deputy High Commissioner for Human Rights, Ms. Nada Al-Nashif opened the interactive dialogue by presenting the second report pursuant to resolution 47/21 of the Human Rights Council. Highlighting the ongoing and pervasive nature of the multiple intersecting manifestations of systemic racism against Africans and people of African descent, she stressed the disproportionate impact they face from the use of force, violations by law enforcement officials, racial profiling, and racial disparities in the criminal justice system. Despite some advancements in this regard, the Deputy High Commissioner lamented that given the continued frequency of deaths of people of African descent following interactions with law enforcement, progress, accountability and redress are severely lacking and families continue to endure emotionally and financially draining processes with inadequate state support.
Dr. Tracy Keesey, a Member of the Expert Mechanism highlighted findings from the Mechanisms country visits to the USA, Chile and Sweden, and pointed to ways forward for comprehensive reform and cultural and institutional transformation within law enforcement. These recommendations consisted of community-based alternatives to law enforcement and civilian-led initiatives that address poverty, housing, education and youth development, psychosocial needs and health. Dr. Keesey elaborated that not only do community-based measures have the potential to provide holistic, longer-term solutions, they also play a role in closing trust deficits between affected communities and law enforcements. She maintained that fostering positive intergroup contact between the police and minority community members in this way is an effective strategy to reduce bias and build empathy between groups.
Several delegations acknowledged that progress on eradicating systemic racism was insufficient and reaffirmed their commitment to advancing racial justice and equality both within law enforcement and public life. Some delegates stressed that racial equality could not be realised without also acknowledging the legacies of slavery and colonialism which have historically disenfranchised Africans and people of African descent. Others highlighted the need to consider the interplay of gender, education, disability, mental health, and other intersectional factors which further exacerbate racial inequalities and injustices.
The Deputy High Commissioner concluded the session by urging states to recommit to their obligations to ensure the meaningful participation of Africans and people of African descent in public life. She also encouraged States to make use of the report’s Guidance Note and to include the full spectrum of voices of identities, experiences and views of Africans and people of African descent in necessary efforts towards a shift in approaches and mindset of informed policy-making.
Background
The deaths of individuals such as George Floyd, Kevin Clark, Sean Riggs, Tamir Rice, and several others resulting from excessive use of force by police and the subsequent worldwide protests demanding justice for racial inequality led to a global recognition of the realities of deeply-rooted systemic racism and their adverse impacts on Africans and people of African descent. Relatedly, the High Commissioner presented a report in 2021 on racial justice and inequality which outlined a four-point agenda to realise the goal of eradicating systemic racism and protecting Africans and people of African descent from human rights violations by law enforcement. Further to this report, the mandate of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement was established and detailed in the Human Rights Council resolution 47/21. The Mechanism is mandated to examine root causes of systemic racism in law enforcement and prescribe recommendations and concrete actions for a way forward. Pursuant to its mandate, the Mechanism conducted country visits and engaged in consultations with States, affected individuals and communities and other stakeholders to investigate good practices related to alternative methods of policing. Additionally, the High Commissioner presented a report in 2022 and again in September 2023 highlighting challenges faced by Africans and people of African descent in fully and genuinely enjoying the right to participate in public affairs.
Summary of A/HRC/54/66 and A/HRC/54/69
The High Commissioner’s report on ‘Promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers through transformative change for racial justice and equality’ (A/HRC/54/66) focused on the right to meaningful, inclusive and safe participation within public affairs for people of African descent. The High Commissioner’s report highlighted that transformative change toward racial justice and equality hinges upon the effective implementation of inclusive decision-making that is informed by people of African descent.
Despite some considerable gains achieved by people of African descent in influencing and leading decision-making across all levels of the government, consultations convened by the OHCHR have revealed that people of African descent still face many barriers limiting their effective participation in political and public life. The High Commissioner’s report found certain drivers of racial inequality such as the absence of disaggregated data by race or ethnic origin; lack of equal access to opportunities, resources, and power rooted in legacies of enslavement and colonialism; and the persistence of long-standing marginalisation due to degrading racial stereotypes, prejudice and bias. These factors further exacerbate the invisibility and the delegitimisation of experiences and perspectives of people of African descent. Specific challenges identified in the report related to the votation restrictions in countries such as Brazil, Colombia, and the UK, due to discriminatory legal policies and felon disenfranchisement, lack of election information, barriers to access polling places, interpersonal aggressions and/or disempowering social attitudes. Insufficient financial support for campaigns, threats, hate speech, harassment and racial abuse were also identified factors limiting the ability of people of African descent to penetrate political parties. Furthermore, the report found that women of African descent are particularly affected and maintain low levels of representation in political and public life.
Other non-electoral challenges were also highlighted and related to the lack of spaces and structures available to people of African descent to engage in consultations, dialogues, and partnerships meaningfully and effectively. Lack of access to decision-makers and information and communication technologies, frequent discrediting and/or dismissal of proposals, and concerns surrounding the logistical and financial feasibility of participating in participatory processes were found to limit the opportunity for regular, genuine community consultation.
To address challenges related to socio-economic marginalisation, cursory processes, lack of resources and capacity, and lack of safe and enabling environments for people of African descent, the High Commissioner outlined several recommendations to accelerate actions and eliminate obstacles that impede meaningful and effective participation in public life. Principally, the High Commissioner urged States to show stronger political will by taking prompt, concrete and firm action toward the effective implementation of processes and policies that address the right to participate in public affairs for people of African descent. This included taking into account the adverse impacts of systemic racism and past legacies; special institutional arrangements to ensure equal participation of people of African descent; allocating an adequate budget and human resources toward the assurance of safe and inclusive participation processes; implementing civic education and capacity building programmes for people of African descent, and; collecting and analysing disaggregated data on participation by people of African descent. The High Commissioner stressed that special measures taken should include people of African descent in their design, implementation and monitoring from the offset; be intersectional; pay particular attention to women, youth and other groups of African descent; take into account cultural and linguistic diversities, and; be committed to longer-term, authentic engagement.
The Report of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement (A/HRC/54/69) further examined human rights protections and fundamental freedoms of Africans and of people of African descent with a specific focus on the use of force and other human rights violations by law enforcement officers. The Mechanism undertook country visits to Sweden and the United States of America to observe challenges and good practices related to human rights obligations on non-discrimination in the context of law enforcement and the criminal justice systems and their relations towards Africans and people of African descent. The Mechanism also held regional consultations with several States as well as thematic consultations with States, United Nations agencies, civil society organisations and other relevant stakeholders. Informed by these visits and consultations, the Mechanism’s report strongly advocated for adopting alternative and complementary methods of policing and the use of force as a critical means to addressing systemic racism towards Africans and people of African descent.
The Mechanism highlighted that while law enforcement fatalities amongst persons of African descent are a key concern, there are many more manifestations of racial discrimination that bode to racist policing including discriminatory application of bail, pre-trial discrimination or parole, prevailing racial bias in interrogation practices, excessive sentencings and over-incarceration, and discriminatory sanctions in correctional facilities towards Africans and people of African descent. The Mechanism warned that racial profiling and similar actions within policing are contrary to the goal of security, violate human rights, fuel prejudice and contribute to the normalisation and legitimisation of racial discrimination. In this regard, the Mechanism reaffirmed the need for human rights-based approaches to policing whereby law enforcement agencies must ensure that policies and the actions of individual law enforcement officers reflect international human rights norms and standards without being influenced by personal or political preferences. The Mechanism recognised that law enforcement officers will inevitably share and reproduce the values, attitudes, and stereotypes of the society of the institutions in which they live and work. Given this, the Mechanism’s report called for the unpacking of laws, policies, practices, and institutional cultures that influence and determine modern law enforcement practices. The Mechanism also called for de-militarisation and de-escalation of the use of force as there was insufficient evidence that these measures meaningfully reduced the prevalence of crime.
The Mechanisms report stressed the importance of monitoring police culture and habits and highlighted the need for a transformative shift to combat ‘business as usual’ within law enforcement hiring, training and disciplinary practices. Catalysing this shift may look like ensuring representation and diversity in hiring policies, career progression and retention (especially in recruiting women as evidence shows they reduce police violence and the use of force); conducting assessments including psychological assessments of future police officers to ensure they are fit for the job and dismissing those who are not; establishing national registries of publicly available individual records (including misconduct) of police officers and; providing extensive training (including human rights training) to ensure performance.
Finally, the Mechanism implored States to implement robust accountability measures to deliver justice to victims and their families and to adopt effective legal, policy and institutional measures targeting systemic racism through law enforcement reforms. Effective accountability frameworks are critical to addressing deeply penetrated and systemic racial biases and prejudices within law enforcement institutions. These measures include conducting independent, impartial, prompt, thorough, credible and transparent investigations; ensuring that prosecutions are conducted in a manner that is cognisant of race and; aligning independent civilian monitoring mechanisms with internal police investigations and criminal justice processes.
Interactive Dialogue on the Reports of the Deputy High Commissioner and the Expert Mechanism
Deputy High Commissioner for Human Rights Ms. Nada Al-Nashif presented her second report which highlighted the ongoing and pervasive nature of the multiple intersecting manifestations of systemic racism against Africans and people of African descent. The report also highlighted the disproportionate impacts faced by Africans and people of African descent concerning the use of force, violations by law enforcement officials, as well as racial profiling and racial disparities in the criminal justice system. She also presented updates since the last report including the sentencing of all four former Minneapolis police officers involved in the murder of George Floyd in the USA as well as the initiation of gross misconduct and gross incompetence proceedings related to the death of Kevin Clarke in the United Kingdom. The Deputy High Commissioner lamented that despite these advancements, progress towards accountability and redress remained severely lacking and families continue to endure protracted emotionally and financially draining practices without adequate support.
In her presentation, the Deputy High Commissioner also highlighted the persistence of issues related to surveillance, harassment, intimidation, arrest, unlawful killing and violence against civil social actors of African descent across many countries. She also drew the connection between these abuses and the barriers to meaningful engagement in public life for people of African descent including the restriction to the right to vote, the subjugation to racial abuse and discrimination faced by African politicians both online and offline, and tokenistic and cursory decision-making processes. She identified how the confluence of these factors results in exclusion, frustration, fatigue, and further erosion of the trust of institutions. Conversely, the Deputy High Commissioner showcased examples of good practice including Brazil’s commitment to allocating 30 percent of senior positions in federal public administration to Indigenous peoples and people of African descent by the year 2026. She also highlighted that in the city of Minneapolis, USA, community organisations and directly affected individuals would be able to design and inform negotiations on court-enforceable settlement agreements that address racial discrimination in policing.
The Deputy High Commissioner alerted the Council that breaking the cycles of racial abuse and violence can only be achieved by listening to people of African descent and acting upon their concerns, confronting the legacies of slavery and colonialism and ensuring equal access to opportunities, resources and power for Africans and people of African descent. She further urged States, UN human rights bodies and the international community to take decisive and urgent action towards ending racism for everyone, everywhere.
Dr. Tracie Keesee, Member of the Expert Mechanism presented the annual thematic report of the Mechanism focused on reimagining policing. She highlighted the report’s findings on pervasive abusive police practices and violent interactions related to racial profiling, stop and search, drug enforcement, mental health crises response, response to homelessness and policing in schools. She echoed the Deputy High Commissioner’s call for comprehensive reform and cultural and institutional transformation that considers the historical impact of racism and racial discrimination on current abusive law enforcement practices. She acknowledged best practices including the increased use of body cams, collection of data disaggregated by race and ethnicity, and laws and policies put in place to end police impunity. The Member further urged States to adopt robust, data collection systems to monitor and address racial disparities in law enforcement practices and to foster transparency and accountability within law enforcement operations. She also called for a fundamental change in policing culture through meaningful and sustained engagement between law enforcement and the communities they serve, improved diversity within the law enforcement industry, enhanced training in de-escalation techniques and racial bias, and ensuring robust accountability where preventive measures have failed. The expert also noted that community policing models and human rights-based approaches in policing have the potential to build trust and more effective crime-solving. Lastly, she expressed deep gratitude to all stakeholders, especially to victims and their families, who contributed to the work of the Mechanism.
Ms. Dayana Blanco Acendra, General Director of ILEX-Accion, spoke on systemic racism and police violence against people of African descent in Colombia and indicated that irregular practices and disproportionate use of force against Africans and people of African descent are frequent outcomes of discriminatory prejudice. Ms. Dayana posited that these biases are directly reflected in profiling and criminalisation, harassment, and excessive police control in areas with high concentrations of populations of African descent. She also highlighted linkages to invisibility within official stats concerning people of African descent populations. Additionally, she recalled an incident where nearly 30% of the Afro-Colombian population was not accounted for within a national census and highlighted that Afro-Colombians are frequently left out of statistics related to education and the justice system, leading to policy many shortcomings and gaps. In this regard, Ms. Dayana stressed the necessity to consolidate and publicise disaggregated data which account for race/ethnic belonging. She recognised this as a critical step to informing policy reforms aimed at eradicating systemic racism. Ms. Dayana also underscored the importance of bolstering meaningful and safe participation of people of African descent in public life and urged Colombia to accept a visit from the Mechanism to support the implementation of mechanisms to facilitate and promote this participation.
As the family member of a victim of police brutality, Ms. Marcia Rigg, a Member of the Board of Inquest, recalled injustices faced by her family after the death of her brother, Sean Rigg, and discussed the lack of accountability following deaths and the use of excessive force by police. Despite trials over the course of 11 years, all the officers involved in the death of her brother walked away unpunished. She highlighted the lack of accountability within police practices considering that there has only been one successful prosecution for manslaughter and none for murder in similar cases since 1990. To this effect, she called out the lack of will to address racial issues within official investigations and urged for the end of protection on the excessive use of force by law enforcement.
The delegate of the European Union further supported the call for the implementation of human rights-based approaches in law enforcement policies and practices. The delegate showcased the European Union’s work to streamline human rights-based practices within law enforcement including through the publishing of reports and manuals on fundamental human rights-based police training. The EU delegate also stressed the need to ensure that the use of force is exercised in alignment with the principles of legality, necessity and proportionality.
Numerous delegations including Cote d’Ivoire, Costa Rica, Malawi, South Africa, Algeria and the State of Palestine noted with concern that the livelihoods, expected socio-economic outcomes, and the right to life and development disproportionately impact African people and people of African descent. On behalf of the Nordic and Baltic countries, the Finnish delegate brought attention to multiple and intersectional forms of discrimination, including within the online space. The delegates of Paraguay, Indonesia, Egypt and Russia stressed the need for enhancing institutional oversight, introducing alternative methods to policing, and facilitating a profound shift in law enforcement culture. The delegates of the State of Palestine, China and Russia urged the international community, States, and criminal justice and law enforcement agencies to take into account the interplay of legacies of slavery, trafficking and colonialism in perpetuating systemic racism. The delegate of Brazil and others stressed that countries should double down on efforts to eradicate racism, combat impunity, and ensure redress for victims across all levels.
Civil society representatives recommended all States adopt victim-centred approaches and meaningfully partner with and provide adequate resources to victim advocate agencies that are trusted within the communities they work in. A frequent call for improved support to victims of racism and human rights abuses was equally heard. Civil society representatives also collectively called on States to promptly investigate the use of force and other human rights violations claims and to hold perpetrators accountable. Others urged all states to demilitarise law enforcement and adopt holistic, concrete approaches which include Africans and people of African descent as well as victims and their families within decision-making processes.
Geneva International Centre for Justice (GICJ) reaffirms the call for adopting community-based alternative methods of policing and de-escalating the use of force as a critical means to address systemic racism towards Africans and people of African descent. Underscoring the need to improve access and quality of education, food, housing and mental health services for Africans and people of African descent, GICJ recognises intersectional and overlapping challenges that preclude meaningful public participation. GICJ equally implores concerned States to integrate human rights approaches to accelerate the much-needed transformative cultural shift within law enforcement institutions and practices.
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