The UN International Mechanism of Independent Experts to Promote Racial Justice in the Context of Law Enforcement* concluded a 12-day visit to the United States of America on Friday, calling on the government to redouble its efforts to promote accountability for violations committed by law enforcementboth those that have taken place and those that may happen in the future.
He Human Rights Council has disclosed that, from April 24 to May 5, the Mechanism visited Washington DC, Atlanta, Los Angeles, Chicago, Minneapolis and New York City and met with representatives of civil society and victims, as well as as well as with federal, state, and local officials, including law enforcement, municipal governments, bailiffs, police unions, and other interested parties.
According to the Council, the delegation was pleased to learn of various initiatives, including at the state level, that the authorities have developed to combat racial discrimination that affects Afro-descendants. However, the Mechanism feels the urgency, and the moral responsibility, to echo the pain of the victims and their resounding calls for accountability and support.
“We have known some initiatives focused on the voices of victims and survivors, as well as law enforcement that could be reproduced throughout the United States. We welcome the remedial measures taken so far, including the executive orders signed in 2021 and 2022, as well as those of individual repair through civil agreements for damages,” said one of the Mechanism’s experts.
However, Tracie Keesee added that “stronger action, including by federal authorities, is still needed to trigger strong accountability measures for past and future violations.”
“This includes boosting supervision mechanisms with power to compel; the resource allocation appropriate; and the provision of robust redress, support and rehabilitation to victims, including access to justice and physical and mental health servicesKeesee concluded.
The legacy of slavery
Slavery has left a deep and lasting legacy rooted in the country, which can be perceived through generational traumassay the experts, who add that “the racial discrimination it permeates all contacts with law enforcement, from the first contact, sometimes as early as school, through racial profiling, arrest, detention, conviction and disenfranchisement in some states. In each of these aspects, the available data point to a clear disproportionate impact on Afro-descendants”.
The Mechanism considers it an imperative priority to address and undo thecircle of poverty that falls on people of African descent, including urgently changing the way we address poverty, homelessness, substance abuse and mental illness and move from a criminal justice response to a human rights focused response.
According to the Council, the bottom line is that a statewide response is needed that leads to federal policing standards, and to undertake Whole-of-government reforms that redefine the mission and scope of the police.
“While we recognize that most of these efforts would have to take place at the state and local levels, we call on the federal government and Congress to continue to demonstrate their leadership, particularly allocating federal funds to policy initiatives at the state leveladopting national regulations on the use of force and undertaking federal criminal investigations into cases of its excessive use by police and security agencies,” said Juan Méndez, another expert from the Mechanism.
The delegation has shared its preliminary findings with the government and will draft a full report to be published in the coming months and presented to the Human Rights Council at its 54th session, from September to October 2023.
*Yvonne Mokgoro (South Africa, chair); Tracie Keesee (United States) and Juan Méndez (Argentina) were appointed by the President of the Human Rights Council in December 2021 to act as independent experts.
The International Expert Mechanism to Promote Racial Justice and Equality in Law Enforcement was created in July 2021 by the Human Rights Council to make recommendations, inter alia, on concrete measures needed to ensure access to justice, accountability and redress for excessive use of force and other violations of human rights committed by officials in charge of enforcing the law against Africans and people of African descent.
