CERD/C/GC/36 person’s colour or features or membership of a racial or ethnic group, or any profiling which exposes him or her to greater suspicion (para. 20); and in general recommendation No. 34 (2011) on racial discrimination against people of African descent, in which the Committee recommended that States take resolute action to counter any tendency to target, stigmatize, stereotype or profile people of African descent on the basis of race, by law enforcement officials, politicians and educators (para. 31). Other recommendations are also relevant to racial profiling, such as general recommendation No. 13 (1993) on the training of law enforcement officials in the protection of human rights, in which the Committee stressed that law enforcement officials should receive training to ensure they uphold the human rights of all persons without distinction as to race, colour or national or ethnic origin (para. 2); general recommendation No. 23 (1997) on the rights of indigenous peoples, in which the Committee stressed that indigenous peoples should be free from any discrimination, in particular that based on indigenous origin or identity (para. 4 (b)); general recommendation No. 27 (2000) on discrimination against Roma, in which the Committee recommended that States, taking into account their specific situations, take measures to prevent illegal use of force by police against Roma, particularly in connection with arrest and detention (para. 13), and to build trust between Roma communities and the police; general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, in which the Committee mentioned the concept of “intersectionality”, whereby the Committee addressed situations of double or multiple discrimination – such as discrimination on grounds of gender or religion – when discrimination on such a ground appeared to exist in combination with a ground or grounds listed in article 1 of the Convention (para. 7); and general recommendation No. 35 (2013) on combating racist hate speech. 5. The Committee, in its concluding observations, has repeatedly expressed concern about the use of racial profiling by law enforcement officials and has recommended that States parties take measures to put an end to the practice.2 6. In addition, several other international human rights mechanisms have explicitly highlighted racial profiling as a violation of international human rights law. In 2009, through its decision in the case Williams Lecraft v. Spain,3 the Human Rights Committee became the first treaty body to directly acknowledge racial profiling as unlawful discrimination. In more recent concluding observations, the Human Rights Committee has regularly expressed concern at the continuous practice of racial profiling by law enforcement officials, targeting in particular specific groups such as migrants, asylum seekers, people of African descent, indigenous peoples, and members of religious and ethnic minorities, including Roma; 4 the concern has been echoed by the Committee against Torture.5 7. In the Durban Programme of Action, adopted by Member States at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, in 2001, States were urged to design, implement and enforce effective measures to eliminate racial profiling, comprising the practice of police and other law enforcement officials relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual was engaged in criminal activity (para. 72). 8. In a report submitted to the Human Rights Council in 2007, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism noted that, since 11 September 2001, law enforcement authorities in various States had adopted measures on the basis of terrorist profiles, which included characteristics such as a person’s presumed race, ethnicity, national origin or religion. The Special Rapporteur 2 3 4 5 2 CERD/C/RUS/CO/23-24, paras. 15–16; CERD/C/CAN/CO/21-23, paras. 15–16; CERD/C/ITA/CO/19-20, paras. 27–28; CERD/C/ESP/CO/21-23, para. 27; CERD/C/SVN/CO/8-11, para. 8 (d); CERD/C/POL/CO/20-21, para. 11; CERD/C/NLD/CO/19-21, paras. 13–15; CERD/C/CHE/CO/7-9, para. 14; and CERD/C/USA/CO/7-9, paras. 8 and 18. CCPR/C/96/D/1493/2006. CCPR/C/NZL/CO/6, paras. 23–24; CCPR/C/AUT/CO/5, paras. 19–20; CCPR/C/FRA/CO/5, para. 15; CCPR/C/ESP/CO/6, para. 8; CCPR/C/RUS/CO/7, para. 9; and CCPR/C/USA/CO/4, para. 7. CAT/C/USA/CO/3-5, para. 26; CAT/C/CPV/CO/1, para. 20; CAT/C/ARG/CO/5-6, para. 35; and CAT/C/NLD/CO/7, paras. 44–45.

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