The UN International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement warned in a report on Wednesday of the prevalent racism against Africans and people of African descent in criminal justice systems worldwide, a violation of international human rights standards. Experts emphasized that discriminatory practices are embedded in law enforcement institutions due to the historical impacts of slavery and colonialism, urging nations to collaborate to eliminate systemic racism against African communities.
The UN experts found that systemic racism against Africans and people of African descent occurred at every stage of the criminal justice process, including police investigations, trials, and post-conviction procedures. The report detailed that discrimination begins at the initial stages of criminal investigations, where people of African descent were disproportionately subjected to excessive use of force, pre-trial detention, racial profiling, and deployment of less-lethal firearms. Furthermore, the UN International Independent Expert Mechanism noted that women and children of African descent were particularly vulnerable to incarceration, pre-trial arrests, and racial profiling.
Violations continued during the trial process, primarily involving breaches of fair trial guarantees. These included mismanagement and suppression of evidence favorable to African defendants, coerced confessions, and inadequate legal representation. As a result, Africans and people of African descent experienced higher rates of wrongful convictions and judicial errors. Racial discrimination also persisted after trials, influencing sentencing outcomes, incarceration conditions, access to rehabilitation, and opportunities for appeal.
Experts stated that disparities affecting Africans and people of African descent are part of a broader pattern of institutional racism rooted in the enduring legacies of colonialism, enslavement, and segregation. They further explained that these discriminatory practices stem from racial stereotypes that falsely depict people of African descent as criminals, influencing both individual decisions by law enforcement actors and the functioning of the entire justice system.
To address racial discrimination within the criminal justice system, the UN Mechanism proposed a set of recommendations and urged the adoption of a human rights-based approach. It also called for a fundamental reimagining of the criminal justice system by following 12 essential elements. These include eradicating racial profiling, utilizing disaggregated data throughout all phases of the justice process to expose systemic bias, guaranteeing equal access to justice and remedies for victims, conducting regular sentencing reviews, and promoting alternatives to incarceration.
The UN has previously drawn attention to racial discrimination against people of African descent, urging global leaders to intensify efforts to implement the Durban Declaration and Programme of Action (DDPA). UN experts also called on Suriname and Belgium to review their current policies and take meaningful steps to counter systemic racism. Earlier this month, the UN secretary-general encouraged member States to uphold existing international policies to fight racial discrimination and urged for more progress through the creation of a special declaration affirming the respect for human rights of people of African descent.
