United Nations
International Convention on
the Elimination of All Forms
of Racial Discrimination
CERD/C/GC/36
Distr.: General
17 December 2020
Original: English
Committee on the Elimination of Racial Discrimination
General recommendation No. 36 (2020) on preventing and
combating racial profiling by law enforcement officials*
I. Introduction
1.
At its ninety-second session, the Committee on the Elimination of Racial
Discrimination decided to hold a discussion on the theme “Racial discrimination in today’s
world: racial profiling, ethnic cleansing and current global issues and challenges”. The
thematic discussion took place in Geneva on 29 November 2017 and was focused on
analysing the experiences, challenges and lessons learned in working to combat racial
profiling and ethnic cleansing to date and on how the Committee could strengthen its work
against racial profiling and ethnic cleansing, for greater impact on the ground.
2.
Following the discussion, the Committee expressed its intention to work on drafting
a general recommendation to provide guidance on preventing and combating racial profiling
in order to assist States parties in discharging their obligations, including reporting
obligations. The present general recommendation is of relevance to all stakeholders in the
fight against racial discrimination, and through its publication the Committee seeks to
contribute to the strengthening of democracy, the rule of law, and peace and security among
communities, peoples and States.
3.
At its ninety-eighth session, the Committee began deliberations with a view to drafting
a general recommendation on preventing and combating racial profiling, in consultation with
all interested parties.1 The Committee also held debates with academics from various fields,
with an emphasis on the implications of artificial intelligence on racial profiling.
II. Established principles and practice
4.
In drafting the present general recommendation, the Committee has taken account of
its extensive practice in addressing racial profiling by law enforcement officials, primarily in
the context of the review of State party reports and in key general recommendations. The
Committee explicitly addressed the issue of racial profiling in its general recommendation
No. 30 (2004) on discrimination against non-citizens, in which it recommended that States
ensure that any measures taken in the fight against terrorism did not discriminate, in purpose
or effect, on the grounds of race, colour, descent, or national or ethnic origin and that noncitizens were not subjected to racial or ethnic profiling or stereotyping (para. 10); in its
general recommendation No. 31 (2005) on the prevention of racial discrimination in the
administration and functioning of the criminal justice system, in which the Committee
recommended that States parties take the necessary steps to prevent questioning, arrests and
searches which are in reality based solely on the physical appearance of a person, that
* Adopted by the Committee at its 102nd session (16–24 November 2020).
1
The contributions for the draft general recommendation are available at:
www.ohchr.org/EN/HRBodies/CERD/Pages/GC36.aspx.
GE.20-17272(E)