13.09.01
Events
WCAR: International Criminal Justice Plenary speech in Durban
- Event Date: 13.09.01
- Event Time: 00:00:00
World Conference Against Racism, Racial Discrimination,Xenophobia & Related Intolerance
Durban, South Africa
31 August – 7 September 2001
INTERNATIONAL CRIMINAL JUSTICE CAUCUS PLENARY SPEECH
Thank you Chair.
The International Criminal Justice Caucus notes with considerable concern that the issue of racism, racial discrimination, xenophobia and related intolerance within criminal justice and prison and detention systems and law enforcement agencies has not been adequately addressed in the World Conference Against Racism, Racial Discrimination, Xenophobia & Related Intolerance.
The Criminal Justice Caucus wishes to bring to the urgent attention of the Conference the prevalence and global extent of racism, racial discrimination and institutionalised racism within the laws, policies and practices of these systems. Racism and racial discrimination occurs in multiple forms and at all stages within criminal justice and detention systems, and leads to serious violations of fundamental human rights.
Chair,
The Caucus calls upon governments to abolish the death penalty. Until abolition occurs, governments should implement a moratorium on executions until they establish that they are not using the death penalty in a racially discriminatory manner. The only language in the texts of this Conference pertaining to the death penalty is a call for governments to investigate any racial disparities in the use of the death penalty. However such disparities have already been clearly established. Governments must stop studying and start acting to end this form of discrimination.
Discrimination begins at the intitial stages of the criminal justice system. Within law enforcement agencies, it occurs at the point of reporting, during the period of investigation, at the moment of arrest and during any periods spent in police custody, and as part of the decision to charge. Whilst the Conference texts refer to the issue of “racial profiling”, it does not mention the need to collect data and implement measures to eliminate racial discrimnation throughout the crimnal justice system. The Caucus urges Governments to collect and publish relevant disaggregated data, on the basis of race, ethnicity, age and gender.
Racial discrimination also exists in sentencing and within prisons and all places of detention. Prison populations have exploded throughout the world, and this increase in the prison population has had a disparate impact on affected groups. Adverse changes in the racial composition of the prison population is also aggravated by the use of mandatory sentencing. With the increase in the prison population has come an increase in the use of prison labour and the privatisation of prison systems. We urge governments to take concrete steps to cease the exploitation of the labour of incarcerated persons, which particularly impacts members of affected groups who are over-represented in prison systems. In addition, we urge governments to implement stringent review and regulation of private prisons.
We also urge governments to hold accountable all law enforcement and correctional personnel, and other criminal justice officers who engage in racially motivated torture, ill-treatment, violence, harassment or other inappropriate behaviour.
Migrants, refugees and asylum-seekers are also discriminated against within such systems. They are unnecessarily detained, often within regular prisons - contrary to international law - and without access to diplomatic representatives, free legal representation and translation facilities.
Related to this last point, the Caucus emphasises the systemic lack of protection of affected persons, including lack of access to translators and interpreters at all stages of the criminal process, and lack of access to an adequate defence.
We fully endorse the proposal of the World Organisation Against Torture and other NGOs for the establishment of an effective, efficient and adequately resourced international Observatory, comprised of independent experts who have a record or expertise in combating racism and discrimination, which we consider to be essential for all follow-up processes.
Chair,
The International Criminal Justice Caucus urges all governments to commit themselves to the full realisation of non-discriminatory criminal justice and penal systems, and equal access to justice for all.
Durban, September 7th, 2001
Durban, South Africa
31 August – 7 September 2001
INTERNATIONAL CRIMINAL JUSTICE CAUCUS PLENARY SPEECH
Thank you Chair.
The International Criminal Justice Caucus notes with considerable concern that the issue of racism, racial discrimination, xenophobia and related intolerance within criminal justice and prison and detention systems and law enforcement agencies has not been adequately addressed in the World Conference Against Racism, Racial Discrimination, Xenophobia & Related Intolerance.
The Criminal Justice Caucus wishes to bring to the urgent attention of the Conference the prevalence and global extent of racism, racial discrimination and institutionalised racism within the laws, policies and practices of these systems. Racism and racial discrimination occurs in multiple forms and at all stages within criminal justice and detention systems, and leads to serious violations of fundamental human rights.
Chair,
The Caucus calls upon governments to abolish the death penalty. Until abolition occurs, governments should implement a moratorium on executions until they establish that they are not using the death penalty in a racially discriminatory manner. The only language in the texts of this Conference pertaining to the death penalty is a call for governments to investigate any racial disparities in the use of the death penalty. However such disparities have already been clearly established. Governments must stop studying and start acting to end this form of discrimination.
Discrimination begins at the intitial stages of the criminal justice system. Within law enforcement agencies, it occurs at the point of reporting, during the period of investigation, at the moment of arrest and during any periods spent in police custody, and as part of the decision to charge. Whilst the Conference texts refer to the issue of “racial profiling”, it does not mention the need to collect data and implement measures to eliminate racial discrimnation throughout the crimnal justice system. The Caucus urges Governments to collect and publish relevant disaggregated data, on the basis of race, ethnicity, age and gender.
Racial discrimination also exists in sentencing and within prisons and all places of detention. Prison populations have exploded throughout the world, and this increase in the prison population has had a disparate impact on affected groups. Adverse changes in the racial composition of the prison population is also aggravated by the use of mandatory sentencing. With the increase in the prison population has come an increase in the use of prison labour and the privatisation of prison systems. We urge governments to take concrete steps to cease the exploitation of the labour of incarcerated persons, which particularly impacts members of affected groups who are over-represented in prison systems. In addition, we urge governments to implement stringent review and regulation of private prisons.
We also urge governments to hold accountable all law enforcement and correctional personnel, and other criminal justice officers who engage in racially motivated torture, ill-treatment, violence, harassment or other inappropriate behaviour.
Migrants, refugees and asylum-seekers are also discriminated against within such systems. They are unnecessarily detained, often within regular prisons - contrary to international law - and without access to diplomatic representatives, free legal representation and translation facilities.
Related to this last point, the Caucus emphasises the systemic lack of protection of affected persons, including lack of access to translators and interpreters at all stages of the criminal process, and lack of access to an adequate defence.
We fully endorse the proposal of the World Organisation Against Torture and other NGOs for the establishment of an effective, efficient and adequately resourced international Observatory, comprised of independent experts who have a record or expertise in combating racism and discrimination, which we consider to be essential for all follow-up processes.
Chair,
The International Criminal Justice Caucus urges all governments to commit themselves to the full realisation of non-discriminatory criminal justice and penal systems, and equal access to justice for all.
Durban, September 7th, 2001