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I: Racism and the Administration of Justice
- Subject: I: Racism and the Administration of Justice
- From: "Stefania Gallaro" <gallarous at tiscalinet.it>
- Date: Wed, 25 Jul 2001 18:51:28 +0200
----- Original Message ----- From: ainews <ainews at amnesty.org> To: <amnesty-l at oil.ca> Sent: Wednesday, July 25, 2001 3:02 PM Subject: Racism and the Administration of Justice > * News Release Issued by the International Secretariat of Amnesty > International * > > 25 July 2001 > ACT 40/028/2001 > 124/01 > > > The experiences of millions of people worldwide testify to a > simple fact -- racism undermines all human rights. Justice > systems all too often perpetuate racism by mirroring the > prejudices of their society. Ahead of the 2001 third UN World > Conference against Racism (WCAR), to be held in Durban, South > Africa, Amnesty International is urging governments to ensure > that the administration of justice in their particular countries > is free from prejudice, discrimination and racial bias. > > The following briefing summarizes Amnesty International's > report, Racism and the Administration of Justice, and the > organization's concerns regarding the current disputes among > states within the context of the WCAR. > > What is racism? > Racism is a blatant attack on the very notion of basic human > rights -- that human rights belong to all people, equally. It > infects, to varying degrees and in various forms, every country > in the world. > > The prohibition of racial discrimination constitutes a > general principle of international law, included in all > fundamental human rights standards. The UN International > Convention on the Elimination of all forms of Racial > Discrimination (CERD), adopted in 1965 and ratified by 157 > countries, outlines substantive rights and a series of steps for > the elimination of racial discrimination in all its forms. > > Amnesty International's work against racial > discrimination is based on the definition set out in Article 1 of > the CERD: > > "In this Convention the term 'racial discrimination' > shall mean any distinction, exclusion, restriction or preference > based on race, colour, descent, or national or ethnic origin > which has the purpose or effect of nullifying or impairing the > recognition, enjoyment or exercise, on an equal footing, of human > rights and fundamental freedoms in the political, economic, > social, cultural or any other field of public life." > > The world is familiar with some of the worst violations > of human rights based on racism, such as Apartheid, the Holocaust > of the Jews during World War II and the genocide against the > Tutsi in Rwanda in 1994. Yet less publicized abuses take place in > the daily operations of governments as well as in civil society. > > How is Amnesty International involved in the work against racism? > Amnesty International opposes racism through its work to promote > the observance of the Universal Declaration of Human Rights > around the world. It also works worldwide on cases of grave > violations of the right to be free from racial discrimination. > > Specifically, Amnesty International opposes racism by > working for the release of prisoners of conscience imprisoned by > reason of race, colour, national, ethnic or social origin; and > through its work on cases where racism is a factor in human > rights abuses including torture, ill-treatment, the death > penalty, "disappearances", unfair trials of political prisoners, > unlawful killings, excessive use of force, forcible exile, mass > expulsions and house destruction. Amnesty International > intervenes in cases where racial discrimination prevents redress > for victims and perpetuates impunity for perpetrators of human > rights violations, or hinders the right of those fleeing > persecution to seek asylum. > > In this report, which is not intended to be a global or > comprehensive survey of racism, Amnesty International highlights > particular countries and cases of relevance to the question of > the administration of justice, focusing on law enforcement by > security forces, the operations of the judicial system, and > abuses in the context of asylum determination procedures. > > Global racial discrimination > Racism often reflects deep-rooted historical patterns of > oppression against groups singled out because of their race, > colour, descent or ethnic or national origin. These patterns > exist within particular societies, or may transcend national > boundaries so that some groups, such as people of African, Roma > or Kurdish descent, face discrimination in the different > countries in which they reside. > > Racial discrimination on the basis of colour persists in > many parts of the world and affects every aspect of life. > > In the United States of America, extensive studies have > shown that racial discrimination is a major feature of the > administration of justice across the country. Reports have found, > for example, that blacks and whites are the victims of murder in > almost equal numbers, yet more than 80 per cent of prisoners > executed between 1977 and 2001 were convicted for the murder of a > white person; black men are admitted to prison at more than eight > times the rate of white men; and black men are incarcerated for > drug offences at a rate 13.4 times higher than white men. The > rate of imprisonment of black women is eight times higher than > for white women; for Hispanic women the rate is four times higher. > > Racism in the administration of justice has been > documented in much of Europe. In general terms, racial minorities > are more likely than white people to be detained on suspicion of > offences such as drug dealing or theft. They also figure > disproportionately in cases of excessive use of force by police > and deaths in custody. Allegations of racist abuses by police are > rarely investigated effectively, and few authorities adequately > monitor complaints of racist treatment by police or others > administering justice. > > In the United Kingdom, police have been found negligent > in their response to racist attack. Last year CERD's Committee > expressed serious concern that "racist attacks and harassment are > continuing and ethnic minorities are feeling increasingly > vulnerable". The Committee was also concerned about the finding > by a UK judicial inquiry in 1999 of institutional racism within > the Metropolitan police force. Progress has been slow in rooting > out racial prejudice within police forces and other public > institutions. > > South Africa, which will host the WCAR, is still > struggling with the legacies of apartheid, a system of > legally-enforced racial discrimination which had been declared a > crime against humanity under international law. The South > African government, parliament and civil society organizations > have been involved in law reform, training and other wide-ranging > initiatives aimed at transforming public institutions and raising > public awareness after more than four decades of apartheid rule. > However, the struggle to transform institutions steeped in > discriminatory practices is likely to be a long one. This was > illustrated in November 2000 when state television broadcast a > secretly-made police video which showed white police officers > encouraging police dogs to attack three captive black men. > > In Asia millions of people suffer discrimination because > of their descent or caste. Often the discrimination results in > extreme poverty and marginalization for such groups, leading to > further discrimination on the basis of economic status. > > In India, despite the abolition by law of > "untouchability", Dalits continue to be discriminated against on > the basis of their descent. They are marginalized, particularly > in rural areas. Among the violations persistently reported are > torture (including rape), arbitrary arrests and extrajudicial > executions. > > Dalits also often suffer violence in the community. > Abuses against Dalits frequently go unpunished, with local police > frequently refusing to record complaints by Dalits. Much evidence > points towards a connivance between powerful caste groups and the > police in violent attacks against Dalits. > > An estimated 300 million indigenous peoples worldwide > face impoverishment and cultural marginalization as well as > widespread discrimination and other human rights abuses. Around > the world, states deliberately ignore abuses committed by their > agents and others against indigenous communities. Disputes with > landowners and national and multinational companies exploiting > natural resources on indigenous territories have led to many > serious human rights abuses, often carried out with the > complicity or acquiescence of the state. > > Discrimination against Guatemala's indigenous peoples, an > estimated 70 per cent of the population, was a major factor > behind the wholesale rapes and massacres carried out during > Guatemala's long "dirty war" in the late 1970s and early 1980s. > Even though a formal peace was declared in 1996, discrimination > continues to exclude Guatemala's indigenous peoples from most > aspects of national life. For example, they are not customarily > represented in their native languages in criminal trials where > they are defendants, nor in proceedings in which they attempt to > testify against alleged perpetrators of gross abuses. > > In Australia, the administration of justice remains > heavily weighted against Aborigines. Aboriginal people are up to > 22 times more likely than other Australians to be imprisoned. > Aborigines are vastly over-represented in both the juvenile and > criminal justice system and are more likely to die in custody > than non-Aboriginal people. > > Racial discrimination against Roma occurs widely in > Europe because Roma are perceived as an "inferior" ethnic group, > a perception based in some countries on the lifestyle or relative > poverty of Romani communities. The discrimination is most > widespread in Central and Eastern European countries where Roma > form sizeable minorities. In many of these states, subtle forms > of discrimination have turned into open racial hatred and > violence. > > In the Czech Republic, Roma are particularly vulnerable > to violent racist attacks, particularly by gangs of "skinheads". > Police often fail to intervene to protect Roma or to investigate > allegations of such violence seriously. There have also been > allegations of police collusion with "skinheads" and racist > organizations. > > And all over the world, the vulnerability of women to > human rights abuses is heightened when they belong to ethnic or > racial minorities suffering discrimination. In situations ranging > from police interrogations to civil wars, the rape and sexual > abuse of women is deliberately used to systematically intimidate > and traumatize women, families and whole communities. > > In Indonesia, during widespread violence against ethnic > Chinese in May 1998, many ethnic Chinese women were reportedly > gang raped, allegedly with the help of the military. In the > recent conflicts in former Yugoslavia and in African states such > as the Democratic Republic of the Congo, mass rape of women from > the "enemy" population has been a favoured weapon of war. > > Some of the most virulent forms of racism in justice > systems appear in societies torn apart by ethnic or nationalist > conflicts, with the conflict forming the background and sometimes > the official justification for discriminatory treatment by the > police and security forces against people from the "enemy" camp. > As a result, racism pollutes all aspects of society, including > the justice system. > > In Europe and the Middle East, Kurds have been singled > out for violations of their human rights because of their > identity. > > In Iraq waves of repression by the authorities have torn > Kurdish communities apart and devastated millions of lives. In > the 1980s, hundreds of thousands of Kurds "disappeared" after > arrest by Iraqi security forces, most never to be seen again. > Since mid-1997, thousands of Kurds and a number of other > non-Arabs living n the oil-rich Kirkuk region, have been expelled > to Kurdish provinces in the north (now controlled by Kurdish > organizations) because of their ethnic origin. Their empty > properties have been given by the authorities to pro-government > Arabs brought in from other regions of Iraq. > > The estimated 13 million Kurds in Turkey face widespread, > although not open, discrimination on the basis of their ethnic > identity both in law and in the administration of justice. The > Turkish military and police have carried out extrajudicial > executions, "disappearances", mass arbitrary arrests and the > wholesale use of torture. Thousands of Kurds have also been > imprisoned for political offences, many after grossly unfair > trials. The majority of the victims have been Kurdish civilians. > Most of these gross human rights violations still await proper > investigations. > > In Sudan, in the context of a racially divisive civil > war, government-allied militias mainly from the North have > engaged in a form of slavery mostly targeted at people of the > South. The victims are predominantly Dinka people from > Bahr-el-Ghazal, and the people from the Nuba mountains and > Ingessana hills. Thousands of people have been enslaved. Women > and girls have been raped, and some boys forcibly recruited as > child soldiers. Some s have allegedly had their names changed > into Arab names and forced to convert to Islam. The Sudanese > government has denied the existence of slavery and claims it has > no control over what it calls "traditional tribal abductions". > However in 1999 the government set up a Committee for the > Eradication of the Abduction of Women and Children which has > helped to reunite a few hundred people who were held in slavery > with their families. > > In Myanmar, in the ongoing conflict with armed ethnic > groups, the army has targeted ethnic minority civilians for gross > human rights violations. Ethnic minorities have also been > forcibly relocated and forced to work as porters or on heavy > construction projects and they are often ill-treated, deprived of > food and tortured. Many thousands have fled abroad to escape > these violations. > > In Israel, prejudice against Palestinian citizens of > Israel is widespread in the criminal justice system, both in the > courts and in law enforcement methods. During demonstrations and > riots in northern Israel last year, Israeli security forces used > firearms and killed 13 Palestinian citizens. It took weeks of > protests for a Judicial Commission of Inquiry into the killings > to be set up. A border policewoman was later quoted as saying,"we > handle Jewish riots differently. When such a demonstration takes > place, it is obvious from the start that we do not bring our guns > along." > > In the Israeli Occupied Territories, different laws apply > to Jewish settlers and Palestinian residents. Palestinians are > governed by more than 3,000 military orders, allowing for trials > by military courts which are often unfair. Since 1967 thousands > of Palestinian homes in the Occupied Territories have also been > demolished ostensibly because they were built without a permit, > but Israeli officials have discriminated against Palestinians > when granting permissions and enforcing planning prohibitions. > > Through neglect, discrimination and repression, ethnic > Uighurs, Tibetans and members of other ethnic minorities in China > have seen their cultural, social, economic and religious rights > eroded and their political rights curbed. The government has > responded to ethnic unrest and opposition with harsh repression, > including arbitrary arrests, summary trials and in some cases > executions. Torture is endemic throughout China, but male Uighur > political prisoners have reportedly been subjected to forms of > sexual torture not reported elsewhere in China. > > Around the world, asylum-seekers, refugees and migrants > are facing xenophobic environments, sometimes directly encouraged > by the authorities or political parties and almost always > reflected in the administration of justice. > > In Europe, politicians in several countries have helped > to stir up xenophobia through racist and anti-immigrant rhetoric, > or indirectly through policies that seek to restrict immigration > and asylum application. In countries such as Austria, Belgium and > Switzerland, foreign nationals have died during deportation as a > result of the use of dangerous methods of restraint by police > such as gagging. Ethnic minorities have also been > disproportionately victim of police brutality in countries such > as France. > > In Japan, migrant workers who have overstayed their visas > or asylum-seekers held in detention centres have been beaten and > humiliated. > > In Saudi Arabia, a secret and arbitrary criminal justice > system confronts everyone who comes into contact with the law, > but foreign workers from developing countries have much less > chance of escaping gross abuses than Saudi Arabian nationals. Of > 889 executions recorded by Amnesty International between 1990 and > 2000, over half of the victims were migrant workers. > > Some 5,000 Iraqis remain held in a desert camp in > northern Saudi Arabia since the end of the Gulf War with Iraq in > 1991. From the outset, the Saudi Arabian authorities referred to > them as "guests", refusing to consider them as refugees. Most of > the original 33,000 men, women and children have been resettled > by the United Nations. > > Today in South Africa, asylum-seekers and refugees from > other African countries are sometimes the targets of > racially-motivated or xenophobic violence from members of the > public and law enforcement officials. > > Amnesty International's recommendations > The Amnesty International report calls on governments to adopt > national strategies and plans of action to combat all forms of > racism and to include specific measures relating to the > administration of justice, including: > > - Becoming party to the International Convention on the > Elimination of All Forms of Racial Discrimination without making > limiting reservations; > > - Ensuring that members of state agencies reflect the diversity > of their societies, receive effective training and are > disciplined or prosecuted whenever they commit racist abuses; > > - Providing protection against racist attacks by preventing and > responding to all forms of racist attacks, and bringing those > responsible to justice; > > - Ensuring that asylum-seekers and detainees are informed of > their rights and receive effective legal and language assistance; > > - Ensuring that the conduct of trials and the imposition of > sentences do not discriminate on grounds relating to racism. > Countries where the death penalty is still imposed should > investigate any disproportionate impact of such penalty on racial > groups and declare a moratorium on executions pending such > investigations; > > - Initiating or supporting campaigns to mobilize public opinion > against racism. > > Amnesty International's concerns regarding the WCAR > The last session of the Preparatory Committee of the WCAR will > take place in Geneva between 30 July and 10 August (the WCAR > itself is due to take place in Durban between 31 August and 7 > September, with an NGO Forum scheduled between 28 and 31 August). > > The preparations for the WCAR are currently marred > primarily by disputes over the issue of reparations for slavery > and colonialism and issues relating to Israel, Zionism and the > use of the term "Holocaust". Because of such disputes countries > may decide to downgrade the level of their participation in the > WCAR or not attend, and there is a fear that the conference may > fail to reach agreement on a common platform. If at all that > happens the world will have missed a unique opportunity to make a > difference in the fight against racism, letting down the victims > of discrimination in a spectacular way. > > Amnesty International believes that all individuals who > have been victims of gross human rights violations must obtain > reparation and that the perpetrators must be brought to justice. > States cannot avoid responsibility for such violations because > they were committed by past governments. Amnesty International > also believes that recognizing historical wrongs is essential, > both as acknowledgement of past injustice and in order to avoid > repetition in the future. However, where individual victims and > perpetrators cannot be identified, the most effective and > enduring form of reparation is to eliminate contemporary > manifestations of discrimination, including those that may be a > legacy of the trans-Atlantic slave trade and colonialism. > > Amnesty International hopes that an agreement can be > reached by the WCAR on inter-state initiatives aimed at dealing > with the legacy of the past, including proposals relating to > development aid, cancelling debts and reviewing terms of trade. > If not, Amnesty International would urge states to agree a > mechanism for addressing these issues outside the framework of > the Conference, so as to ensure that the WCAR gives proper > attention to developing forward-looking plans for eradicating > contemporary forms of racism. > > Amnesty International holds states to be accountable for > human rights violations under international human rights > standards, and does not attempt to define or take position on > systems of government or ideologies such as Zionism. In this > respect, Amnesty International believes that it would be more > productive if the WCAR were to address any discriminatory state > practice ? such as discrimination in Israel and the Occupied > Territories against Palestinians ? by recalling the international > obligations of states rather than addressing any particular > ideology. > > There is also a dispute over the use of the term > "Holocaust". Amnesty International notes that each genocide has > had specific aspects and survivors refer to their experience with > terms that are particularly meaningful to them and that may then > enter into general usage. "Holocaust", for instance, is widely > understood to mean the racist genocide of the Jews during World > War II. The controversy over this issue is insensitive to the > feelings of survivors. All genocides are equally reprehensible. > The WCAR must ensure that the crime of genocide is not > trivialized and that all victims are recognized. > > Amnesty International appeals to all governments to focus > constructively on the challenge of building a world free from all > forms of racial discrimination, and ensure that the WCAR > contributes effectively to this goal. > > **************************************************************** > You may repost this message onto other sources provided the main > text is not altered in any way and both the header crediting > Amnesty International and this footer remain intact. Only the > list subscription message may be removed. > **************************************************************** > To subscribe to amnesty-L, send a message to <majordomo at oil.ca> > with "subscribe amnesty-L" in the message body. To unsubscribe, > send a message to <majordomo at oil.ca> with "unsubscribe amnesty-L" > in the message body. If you have problem signing off, contact > <owner-amnesty-L at oil.ca>. <owner-amnesty-L at oil.ca> handles > only messages concerning list administration. Past and current Amnesty > news services can be found at <http://www.amnesty.org/news/>. > Visit <http://www.amnesty.org> for information about Amnesty International > and for other AI publications. Contact amnestyis at amnesty.org if you > need to get in touch with the International Secretariat of Amnesty > International.
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