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The Earth Times | Posted September 25, 2002



THE DURBAN CONFERENCE

Racial inequality still rampant in justice system

> BY GAYATRI IYER

Copyright © 2002 by The Earth Times. All rights reserved

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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