In 2006, CERD issued General Recommendation 31 (GR31) entitled “On the Prevention of Racial Discrimination in the Administration and Functioning of the Criminal Justice System.”
This document acknowledges the ubiquity of racism, stating that “no country is free from racial discrimination in the administration and functioning of the criminal justice system,” and points out that racism in the administration of justice has increased over the past several years, “partly as a result of the rise in immigration and population movements… and partly as a result of security policies and anti-terrorism measures adopted by many States, which among other things have encouraged the emergence of anti-Arab or anti-Muslim feelings, or, as a reaction anti-Semitic feelings.” The document offers governments concrete recommendations for the elimination of racism in the administration of justice including suggestions for gauging the existence and extent of racism; strategies for preventing racial discrimination, such as better education and proper representation of people of color in the police and the justice system; and proposals for making the law more accessible to all. The recommendations also make very specific procedural suggestions regarding arrest, detention, questioning, and trial.
In October 2006, IMADR’s Latin America Base invited CERD President Dr. Regis de Gouttes to hold a public discussion on GR31 and its implications in the Argentine context. Organized in concert with the Argentine Secretary of Human Rights in the Ministry of Justice, the event brought de Gouttes and several well-known professors of human rights into direct discussion with each other, and with the public, including several representatives from Argentina’s indigenous communities. Discussions such as these result not only in potential improvements to national and international policies but also in increased organization among local activist groups, and IMADR hopes to continue to build awareness of and encourage the practical use of GR31 in the future.
2007.11.14