Racial discrimination permeates all layers of the criminal justice system – International Service for Human Rights

Report on Racial Discrimination in Criminal Justice Systems and its Implications for Sustainable Development Goals

Introduction: A Challenge to SDG 16 and SDG 10

A report by the International Independent Expert Mechanism to Promote Racial Justice and Equality in Law Enforcement (EMLER) reveals systemic racial discrimination against Africans and people of African descent within criminal justice systems. These findings present a significant barrier to the achievement of Sustainable Development Goal 16 (Peace, Justice and Strong Institutions) and SDG 10 (Reduced Inequalities). The report documents how discriminatory practices, rooted in colonial and enslavement legacies, permeate every stage of the justice process, undermining the core principle of equal access to justice for all.

Systemic Failures in Upholding SDG 16: Peace, Justice and Strong Institutions

The EMLER report details a three-stage pattern of discrimination that directly contravenes the objectives of SDG 16, particularly Target 16.3, which aims to ensure equal access to justice.

• Pre-Trial Stage: Pervasive racial profiling, discriminatory application of artificial intelligence tools, and biased enforcement in the ‘war on drugs’ create unequal points of entry into the justice system. This initial bias fundamentally compromises the goal of building effective, accountable, and inclusive institutions.
• Trial Stage: Deficiencies in legal proceedings lead to a higher incidence of wrongful convictions and miscarriages of justice for people of African descent. This reality, exemplified by cases in the United States and Brazil, highlights a failure to enforce the non-discriminatory laws and policies mandated by SDG Target 16.b.
• Post-Conviction Stage: Discrimination persists in sentencing, imprisonment conditions, and access to rehabilitation and parole. The disproportionate use of disciplinary measures, prolonged isolation, and excessive force against Black prisoners undermines human rights and the development of just institutions.

Erosion of SDG 10: Reduced Inequalities

The report’s findings underscore a profound failure to advance SDG 10, which calls for the reduction of inequality within and among countries. The discriminatory outcomes within the justice system perpetuate and deepen racial inequality.

Disproportionate Impacts on Vulnerable Groups

• Prisoners: People of African descent are subjected to harsher prison conditions, including excessive force that can amount to torture, and suffer severe psychosocial consequences from measures like prolonged isolation. This unequal treatment is a direct violation of the principles of SDG 10.
• Children: The report highlights an alarming disparity in the treatment of children, which perpetuates intergenerational cycles of inequality.
  • In the United Kingdom, children of African descent are four times more likely to be arrested than white children.
  • In the United States, Black children receive longer prison sentences than their white counterparts for similar offenses.

  These practices not only violate children’s rights but also impede progress on other goals, such as SDG 4 (Quality Education) and SDG 8 (Decent Work and Economic Growth), by creating lifelong barriers.

Recommendations for Aligning Justice Systems with the 2030 Agenda

The EMLER report identifies promising practices and key elements for reform that can help states align their justice systems with the Sustainable Development Goals. These measures are crucial for building the racially unbiased institutions envisioned in SDG 16.

Promising Practices for Reform

• Implementation of cashless bail systems to reduce pre-trial detention disparities (e.g., Washington, D.C.).
• Creation of judicial protocols that mandate an intercultural perspective in legal proceedings (e.g., Mexico).
• Provision of comprehensive interpretation and translation services to ensure fair proceedings for all victims and defendants.

Key Elements for a Racially Unbiased Justice System

1. Systematic collection and use of disaggregated data to identify and address racial disparities.
2. Mandatory sentencing reviews to correct discriminatory outcomes.
3. Ensuring equal and non-discriminatory access to bail and parole.
4. Implementing robust accountability mechanisms for law enforcement and judicial actors.
5. Investing in alternatives to detention and restorative justice programs.
6. Prohibiting racial profiling and biased predictive policing tools.
7. Providing anti-racism training for all justice system personnel.
8. Ensuring access to effective legal representation for all.
9. Protecting the rights of children in contact with the law.
10. Addressing the root causes of crime, including poverty and systemic inequality.
11. Guaranteeing access to appeal and post-conviction remedies.
12. Promoting diversity and representation within the justice system workforce.

SDGs Addressed in the Article

• SDG 10: Reduced Inequalities

  The article directly addresses inequality by focusing on the systemic racial discrimination experienced by Africans and people of African descent within the criminal justice system. It highlights how this group is denied equal rights and opportunities compared to others, which is the central theme of SDG 10.

• SDG 16: Peace, Justice and Strong Institutions

  This goal is central to the article, which critiques the functioning of justice and law enforcement institutions. It discusses issues like the lack of equal access to justice, wrongful convictions, discriminatory practices by law enforcement, and the need for accountable and unbiased judicial systems.

Specific SDG Targets Identified

1. Targets under SDG 10 (Reduced Inequalities)

   • Target 10.2: Empower and promote the social, economic and political inclusion of all, irrespective of race, ethnicity, etc.

     The article demonstrates the failure to meet this target by describing how racial discrimination and negative stereotypes lead to the exclusion of Black communities, limiting their “ability to fully enjoy their rights.”

   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome.

     This target is relevant as the article details inequalities of outcome within the justice system, such as people of African descent being more affected by “wrongful convictions and miscarriages of justice” and receiving longer prison sentences. The mention of promising practices like Mexico’s protocol for judging from an intercultural perspective directly relates to promoting policies for equal opportunity.

2. Targets under SDG 16 (Peace, Justice and Strong Institutions)

   • Target 16.3: Promote the rule of law and ensure equal access to justice for all.

     The article’s core focus is on the lack of equal access to justice. It provides examples of discrimination “before trial, during trial, and after conviction,” including racial profiling, biased sentencing, and unequal access to bail, parole, and appeal, all of which undermine the rule of law for a specific racial group.

   • Target 16.b: Promote and enforce non-discriminatory laws and policies.

     The entire report detailed in the article is an analysis of how discriminatory practices, rather than non-discriminatory policies, are being enforced. The article highlights racial profiling, the ‘war on drugs’, and disparities in the treatment of children as evidence of discriminatory enforcement. The report’s recommendations for a “racially unbiased justice system” are a direct call to implement and enforce non-discriminatory policies.

Indicators for Measuring Progress

The article implies several quantitative and qualitative indicators that can be used to measure progress towards the identified targets by tracking disparities between racial groups.

1. Indicators for SDG 10 & 16

   • Rates of arrest disaggregated by race and age.

     This is directly mentioned: “In the United Kingdom, children of African descent are four times more likely to be arrested… than white children.” Tracking this ratio is a clear indicator.

   • Rates of stop and search actions by law enforcement, disaggregated by race and age.

     The article explicitly states that children of African descent are “three times more likely to be stopped and searched than white children” in the UK, providing a measurable indicator of racial profiling.

   • Average length of prison sentences disaggregated by race for similar offenses.

     This is implied by the finding that in the United States, “children of African descent receive longer prison sentences compared to white children.”

   • Rates of wrongful convictions and miscarriages of justice, disaggregated by race.

     The report’s statement that “Africans and people of African descent are more affected than others by wrongful convictions” suggests this as a critical indicator.

   • Frequency of disciplinary measures and isolation in prisons, disaggregated by race.

     The article notes that “people of African descent are subjected to more disciplinary measures and isolation… more frequently than prisoners from other ethnic groups,” making this a measurable indicator of discriminatory treatment during incarceration.

   • The existence and use of disaggregated data in the justice system.

     The recommendation to use “disaggregated data” as a key element for a racially unbiased system is itself a process indicator. Its adoption and use can be tracked to measure institutional reform.

Summary Table: SDGs, Targets, and Indicators

Source: ishr.ch