01.06.01
Events
Oral intervention on behalf of the Criminal Justice Caucus to the Second session of the PrepCom for the WCAR
- Event Date: 01.06.01
- Event Time: 00:00:00
World Conference Against Racism, Racial Discrimination,
Xenophobia & Related Intolerance
Preparatory Committee
Second Session May 2001
Oral Intervention on behalf of the CRIMINAL JUSTICE CAUCUS
Geneva, 31 May 2001
Thank you Mr Chairperson,
The International Criminal Justice Caucus represents the perspectives of criminal justice practitioners and civil and human rights organisations from the United States, Europe and Africa. We would like to bring to the urgent attention of this Conference the seriousness and extent of racist and racially discriminatory laws, policies and practices in criminal justice and prison administration systems throughout the world.
.
It is essential that the World Conference Against Racism (WCAR) adequately addresses the seriousness and extent of such laws, policies and practices within the criminal justice, prison systems and law enforcement agencies. We note with deep concern that the Draft Declaration and Programme of Action for the WCAR does not include sufficient language to protect and remedy the rights of persons who are vulnerable to racism or racial discrimination within the criminal justice system including persons who belong to any minority, racial, ethnic, national, linguistic, religious group or caste, indigenous peoples, migrants and travellers. Additionally, it is vital that asylum-seekers and refugees are not treated as criminals and should only be placed in detention centres as a matter of last resort, and must never be placed in criminal detention. If placed in detention, such as transit and border zones, that detention must be subject to periodic judicial review and states must specify an absolute maximum duration for detention in national law.
The Caucus has previously distributed a document that contains proposed language changes, but today we wish to highlight three particular areas of concern: racial profiling, addressing racial discrimination in the application of the death penalty and protecting children within the criminal justice system.
Racial Profiling: Using skin color or racial appearance as a substitute for solid proof of criminal behavior is prevalent within criminal justice systems. This practice is extremely damaging because it perpetuates the stereotype that people of color or of particular races are more likely to engage in criminal behavior. Collecting data on the race of persons stopped by law enforcement is a crucial step to addressing this problem. Without concrete information, we cannot measure the extent of the problem or develop programs for change.
The draft Program of Action mentions the need to eliminate racial profiling but it defines racial profling as " the use of race or ethnicity as a " sole " basis for determining if an individual is engaged in criminal activity. " [Pages 73 and 14] This definition is meaningless because any law enforcement officers who are unjustly relying on race can always find other reasons to justify their actions. We strongly urge the Delegates to eliminate the word " sole " from this definition.
Meaningfully address racial discrimination in the application of the death penalty : The Draft Plan of Action mentions the need to study race in the application of the death penalty. It recommends declaring a moratorium on executions pending the outcome of such investigations, yet it does not require states to take any measures to address discrimination if it is found to exist. We recommend the following amendment :
Page 51 : Addition to 1 b) bis : Delete the period at the end of the paragraph and add after the world investigations, " and adoption of appropriate remedies to redress identified discrimination ".
The need to protect children: Children are the most vulnerable to abuses within the criminal justice system. They are treated unfairly because of their race and class. Children of vulnerable groups are much more likely to be prosecuted and incarcerated as adults, and once incarcerated exposed to physical, psychological and sexual abuse. Article 37 of the Convention on the Rights of the Child specifically protects the rights of children while in detention and forbids the imposition of the death penalty or life in prison without parole, yet neither the Draft Declaration and the Program of Action WCAR mention the problems faced by children within the criminal justice system. Therefore the Caucus recommends the following additions :
Page 74. Insert paragraph (e) at the conclusion of paragraph (d) (vi.) : " Recognizing that children are incarcerated unlawfully because of their race, ethnicity, caste or country of origin, and while incarcerated , children are particularly vulnerable to physical, psychological and sexual abuse, governments should limit the incarceration of children under the age of 18 to juvenile facilities that can protect them and provide for their educational and social needs. States must never prosecute youth offenders in adult criminal justice systems. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age "
Page 11 : Addition to 43
Insert h) " Children who have come into contact with the criminal justice system, particularly those who are in detention"
Insert i) " in no circumstances, should unaccompagnied minors (asylum seekers) be placed in isolation, detention centers or transit zones at State / national borders ".
We hope these elements will be duly reflected in the draft declaration and draft programme of action.
Thank you Mr Chairperson
Xenophobia & Related Intolerance
Preparatory Committee
Second Session May 2001
Oral Intervention on behalf of the CRIMINAL JUSTICE CAUCUS
Geneva, 31 May 2001
Thank you Mr Chairperson,
The International Criminal Justice Caucus represents the perspectives of criminal justice practitioners and civil and human rights organisations from the United States, Europe and Africa. We would like to bring to the urgent attention of this Conference the seriousness and extent of racist and racially discriminatory laws, policies and practices in criminal justice and prison administration systems throughout the world.
.
It is essential that the World Conference Against Racism (WCAR) adequately addresses the seriousness and extent of such laws, policies and practices within the criminal justice, prison systems and law enforcement agencies. We note with deep concern that the Draft Declaration and Programme of Action for the WCAR does not include sufficient language to protect and remedy the rights of persons who are vulnerable to racism or racial discrimination within the criminal justice system including persons who belong to any minority, racial, ethnic, national, linguistic, religious group or caste, indigenous peoples, migrants and travellers. Additionally, it is vital that asylum-seekers and refugees are not treated as criminals and should only be placed in detention centres as a matter of last resort, and must never be placed in criminal detention. If placed in detention, such as transit and border zones, that detention must be subject to periodic judicial review and states must specify an absolute maximum duration for detention in national law.
The Caucus has previously distributed a document that contains proposed language changes, but today we wish to highlight three particular areas of concern: racial profiling, addressing racial discrimination in the application of the death penalty and protecting children within the criminal justice system.
Racial Profiling: Using skin color or racial appearance as a substitute for solid proof of criminal behavior is prevalent within criminal justice systems. This practice is extremely damaging because it perpetuates the stereotype that people of color or of particular races are more likely to engage in criminal behavior. Collecting data on the race of persons stopped by law enforcement is a crucial step to addressing this problem. Without concrete information, we cannot measure the extent of the problem or develop programs for change.
The draft Program of Action mentions the need to eliminate racial profiling but it defines racial profling as " the use of race or ethnicity as a " sole " basis for determining if an individual is engaged in criminal activity. " [Pages 73 and 14] This definition is meaningless because any law enforcement officers who are unjustly relying on race can always find other reasons to justify their actions. We strongly urge the Delegates to eliminate the word " sole " from this definition.
Meaningfully address racial discrimination in the application of the death penalty : The Draft Plan of Action mentions the need to study race in the application of the death penalty. It recommends declaring a moratorium on executions pending the outcome of such investigations, yet it does not require states to take any measures to address discrimination if it is found to exist. We recommend the following amendment :
Page 51 : Addition to 1 b) bis : Delete the period at the end of the paragraph and add after the world investigations, " and adoption of appropriate remedies to redress identified discrimination ".
The need to protect children: Children are the most vulnerable to abuses within the criminal justice system. They are treated unfairly because of their race and class. Children of vulnerable groups are much more likely to be prosecuted and incarcerated as adults, and once incarcerated exposed to physical, psychological and sexual abuse. Article 37 of the Convention on the Rights of the Child specifically protects the rights of children while in detention and forbids the imposition of the death penalty or life in prison without parole, yet neither the Draft Declaration and the Program of Action WCAR mention the problems faced by children within the criminal justice system. Therefore the Caucus recommends the following additions :
Page 74. Insert paragraph (e) at the conclusion of paragraph (d) (vi.) : " Recognizing that children are incarcerated unlawfully because of their race, ethnicity, caste or country of origin, and while incarcerated , children are particularly vulnerable to physical, psychological and sexual abuse, governments should limit the incarceration of children under the age of 18 to juvenile facilities that can protect them and provide for their educational and social needs. States must never prosecute youth offenders in adult criminal justice systems. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age "
Page 11 : Addition to 43
Insert h) " Children who have come into contact with the criminal justice system, particularly those who are in detention"
Insert i) " in no circumstances, should unaccompagnied minors (asylum seekers) be placed in isolation, detention centers or transit zones at State / national borders ".
We hope these elements will be duly reflected in the draft declaration and draft programme of action.
Thank you Mr Chairperson