DURBAN--Racial inequality
around the world was the theme of a panel discussion
hosted by the South African Human Rights Commission
and the Department of Justice and Constitutional
Development (RSA). The forum that met to discuss
Racism and Administrative Justice had speakers
from South Africa, the United States and Algeria.
The chairperson for the panel was Justice A.
Chaskalson.
The
panel included three speakers from South Africa who
spoke about the progress the country's justice has
made. M.B. Moerane, a lawyer, said transformation towards
a non-discriminatory bench would only come about when
the members on it broadly depicted the racial make-up
of South Africa.
Justice Y. Mokgoro
praised the new South African Constitution that "entrenches fundamental
human rights." She went on to say that judges
should interact with each other more. However just
doing that may not be enough. "We need to
interact with ourselves," was her solution
to a more competent and well equip judiciary system.
Advocate B.T. Ngcuka
echoed Mokgoro's sentiments when he sited an
example of racism in the judiciary
system. In 2000 a group of lawyers of different
races were gathered and asked to work together.
They were then asked for their comments. The end
result was that the different races did not trust
each other and looked down on one another. "We
have a serious problem. We have a problem of denial," he
said of the judiciary system. He did, however end
by saying that the country has made a good start
and he is hopeful for the future.
Kamel Rezag Bara, from Algeria who is the Vice
Chairperson of the African Commission on Human
and People's Rights also highlighted the discrimination
that occurs all over the world in the judiciary
system. He said no law today exists that is not
based on the principal of equality. Despite this,
discrimination exists. The reason for this he said
may be because many times the police operate on
stereotypes. To emphasize this he said that in
Brazil people with darker skin were more likely
to get arrested than people with lighter skin.
In Australia, Aboriginal people were nine times
more likely to get arrested and 23 times more likely
to be imprisoned without a trial.
The speaker from
the US, Karen McGill Lawson from the Leadership
Conference of Civil Rights said
the US justice system is full of racial inequality. "In
the United States we have equality in law but inequality
in law enforcement. We have invisible racism," she
said. She sighted the example of the war on drugs,
which at times operates on the assumption that
minorities are more likely to commit drug crimes.
She said racial profiles cause this problem. She
said very few white people get caught for drug
crimes whereas a lot more black and Hispanic people
get caught. The panel was in consensus that racial
discrimination still exists in the judiciary system
around the world.
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