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Activities of the Working Group 2014, para. 40
- Paragraph text
- The Working Group concluded its fourteenth session. The theme for the session, "People of African descent: access to justice", was drawn from the broader theme, "Recognition, Justice and Development", proposed by the Working Group in its draft programme of action for the International Decade for People of African Descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 41
- Paragraph text
- The rationale for the focus of the fourteenth session is that the legacies of the slave trade, enslavement, colonialism, racial hierarchy and inequality are reflected even today in the justice system.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 42
- Paragraph text
- The Working Group records its appreciation to the United Nations High Commissioner for Human Rights for her intervention at the fourteenth session and her support for the draft programme of action for the International Decade for People of African Descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 43
- Paragraph text
- The Working Group underlines the importance of questioning the very concept of justice in all fields, and the need to broaden the definition of justice to include social justice, access to justice and the application of the legal system to address historical injustices.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 44
- Paragraph text
- The Working Group is concerned that the principles of restorative justice are not applied in addressing access to justice for people of African descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 45
- Paragraph text
- The Working Group emphasizes that there can be no exceptions to the criminalization of discrimination, which applies in the public and private spheres, to social, economic and cultural rights, civil and political rights and environmental rights. The Working Group is concerned about the prevalence of impunity and the lack of accountability in addressing discrimination against people of African descent in public and private spheres under the guise of freedom of expression.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 52
- Paragraph text
- The Working Group recognizes that it is possible to seek and achieve reparatory justice and compensation for victims of colonial injustices, as demonstrated by the Mau Mau case in Kenya.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 54
- Paragraph text
- The Working Group notes that, despite guarantees in international and national law, the prevalence of racism, racial discrimination, xenophobia and related intolerance affects people of African descent in a unique fashion, to the point that many people of African descent are still unable to obtain remedies for wrongful acts through their domestic institutions. Structural discrimination occurs at all stages and levels of the administration of justice, inter alia in legislation, law enforcement, courts and tribunals. One of the most important challenges that people of African descent face is discriminatory treatment by the very institutions that are supposed to administer justice.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 55
- Paragraph text
- The Working Group underscores that both judicial and law enforcement bodies, which should be primary forces in opposing and preventing racism, fail to uphold justice and equality, and instead mirror the prejudices of the society they serve. In some cases, even if the law is not discriminatory, people of African descent are denied the right to a fair trial, which puts them at an increased risk of harsh punishments, including the death penalty in some countries.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 56
- Paragraph text
- In conclusion, the Working Group welcomes the proclamation of the International Decade for People of African Descent starting on 1 January 2015 and ending on 31 December 2024, with the theme "People of African descent: recognition, justice and development" and stands ready to provide any substantive assistance the General Assembly may require during the Decade.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 56
- Paragraph text
- The Working Group emphasizes the need for philosophical and legal changes to juvenile justice systems, which currently maximize penalties and lead to the increased entry of juveniles into the adult criminal justice system, thereby resulting in the institutionalization of young people of African descent, instead of using alternative methods and solutions.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Youth
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 57
- Paragraph text
- The Working Group stresses the need to address the persistence of racial discrimination among judicial and law enforcement officials, which affects the application of the law and the functioning of the criminal justice system and contributes to an unfair overrepresentation of people of African descent among persons in detention. The Working Group notes that people of African descent are often subjected to longer sentences than other individuals who have committed the same offence. The practice of racially profiling youth of African descent leaves them disproportionately policed, prosecuted, convicted and imprisoned compared to the rest of the population.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 57
- Paragraph text
- The Working Group encourages the General Assembly to adopt a strong, comprehensive and action-oriented document that will inform and guide the International Decade. It recommends that Member States use, to the extent possible, its proposed programme of action for the Decade, which contains practical activities to be developed at the national, regional and international levels. In particular, the programme of action should include the establishment of a permanent forum on people of African descent and the drafting of a United Nations declaration on the promotion of and full respect for the human rights of people of African descent, which will serve as a legal framework for the promotion and protection of the rights of people of African descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 58
- Paragraph text
- The Working Group is concerned about the torture, ill-treatment and harassment suffered by people of African descent at the hands of law enforcement officials. When the rights of people of African descent are violated, recourse to institutions of justice is often a distant possibility. Inadequate complaint mechanisms prevent young people of African descent from responding to misuse of power and discriminatory practices by the law enforcement and judicial authorities. The consequences of racial targeting are far-reaching and have both individual and collective effects.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 58
- Paragraph text
- In accordance with the themes of the Decade, the Working Group recalls some of the recommendations contained in its annual reports to the Human Rights Council, in 2014 (A/HRC/27/68) and 2013 (A/HRC/24/52) respectively, on equal access to justice and recognition through education, cultural rights and data collection. The Working Group calls upon States to take the necessary action and implement its recommendations:
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 59
- Paragraph text
- The principles of restorative justice should be applied in addressing access to justice for people of African descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 60a
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] The principles of restorative justice are applied in addressing access to justice for people of African descent;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 60b
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] At the national and regional levels, an atlas mapping injustices is developed, supported by comprehensive disaggregated data. Such atlases can be the framework for dialogue in addressing the realization of fundamental rights and the protection of knowledge for vulnerable populations, including people of African descent;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 60d
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] Institutionalizing young people is used as a last resort;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 60k
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] People of African descent enjoy all the guarantees of a fair trial and equality before the law, as enshrined in the relevant international human rights instruments, and specifically the rights to presumption of innocence, assistance of counsel and an interpreter, an independent and impartial tribunal and guarantees of fair punishment, and the enjoyment of all the rights to which prisoners are entitled under the relevant international norms;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 60l
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] Acts of racial discrimination are prosecuted and punished and the victims receive full reparation. The obligation to prosecute and punish should cover all material and intellectual perpetrators of the violation. Cases of racial discrimination must receive effective, proportionate and dissuasive sanctions and remedies, both to reduce impunity and to ensure that victims can regain the dignity of which they were deprived;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 60o
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] The administration of justice and the criminal justice system are subject to permanent monitoring and adequate review in order to gauge better the existence and extent of racial discrimination. The judicial system should adopt special measures to recruit and promote people of African descent;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 60p
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] The criminalization of race is addressed, taking measures to eliminate the overrepresentation of young people of African descent who are subject to the criminal justice system, as well as double standards in sentencing. The racial aspects of violence and imprisonment should be recognized;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 60q
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] The potential discriminatory effects of domestic legislation are eliminated, particularly of legislation on terrorism, immigration and nationality, as well as legislation that has the effect of penalizing without legitimate grounds certain groups or members of certain communities, including people of African descent, and in any case, respecting the principle of proportionality in its application;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 61
- Paragraph text
- States should prioritize prevention and the institutionalization of care in order to ensure that institutionalization of young people is a last resort.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Youth
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 62
- Paragraph text
- The Working Group reiterates its support for the implementation of the Programme of Action for the International Decade for People of African Descent. The Programme of Action builds on the 12 years of experience of the Working Group, the recommendations of various stakeholders and the active participation of most of the Member States and civil society and experts that attended the twelfth session of the Working Group. The Working Group recommends that its Programme of Action serve as the basis for practical activities to be developed at the national, regional and international levels during the International Decade for People of African Descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 68
- Paragraph text
- People of African descent should enjoy all the guarantees of a fair trial and equality before the law, as enshrined in the relevant international human rights instruments and, specifically, the right to presumption of innocence, the right to assistance of counsel and to an interpreter, the right to an independent and impartial tribunal and guarantees of fair punishment and the enjoyment of all the rights to which prisoners are entitled under the relevant international norms.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 69
- Paragraph text
- Acts of racial discrimination should be prosecuted and punished and the victims fully compensated. The obligation to prosecute and punish should cover all material or intellectual perpetrators of the violation. Cases of racial discrimination must receive effective, proportionate and dissuasive sanctions and remedies both to reduce impunity and to ensure that the victims are reinstated to the dignity of which they were deprived.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 72
- Paragraph text
- The administration of justice and the criminal justice system shall be subjected to permanent monitoring and adequate review in order to better gauge the existence and extent of racial discrimination. The judicial system shall adopt special measures to recruit and promote persons of African descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 73
- Paragraph text
- The criminalization of race should be addressed, taking measures to eliminate the overrepresentation of young people of African descent who are subject to the criminal justice system, as well as double standards in sentencing. The racial aspects of violence and imprisonment shall be recognized.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2014
Paragraph