Background

The mandate of the Expert Mechanism is detailed in resolution 47/21. The Expert Mechanism is mandated under paragraph 11 of the resolution to advance racial justice and equality in the context of law enforcement in all parts of the world by, inter alia conducting country visits, inclusive outreach, and consultations with States, directly affected individuals and communities, and other stakeholders, and taking into account an intersectional approach. The Expert Mechanism is comprised of three members- Justice Yvonne Mokgoro, Dr. Tracie Keesee, and Professor Juan Méndez.

Learn more about the Expert Mechanism here

During the mission, the Expert Mechanism will meet national stakeholders, including government officials including law enforcement authorities, civil society organisations, United Nations representatives, academics, lawyers, and victims. The Expert Mechanism will also conduct site visits and spend time outside the capital city to better understand the issues faced by Africans and people of African Descent in the country.

The Expert Mechanism will offer recommendations to support the Government's efforts in combatting structural and institutional racism, the excessive use of force, and other human rights violations by law enforcement and the criminal justice system against Africans and people of African descent. The Expert Mechanism will present a mission report with its findings and recommendations.

Objectives

The Expert Mechanism seeks to understand the USA’s efforts in combatting structural and institutional racism, the excessive use of force, and other human rights violations by law enforcement against Africans and people of African descent, in the spirit of cooperation and dialogue.

During the visit, the Expert Mechanism will study:

• Systemic racism as a root cause of excessive use of force and other human rights violations by law enforcement against Africans and people of African descent.
• Access to justice, accountability, and redress for excessive use of force and other human rights violations by law enforcement officials against Africans and people of African descent.
• Alignment of domestic laws, policies, and practices on the use of force by law enforcement officials with international human rights norms and standards.
• Alignment of domestic laws, policies, and practices in the criminal justice system with international human rights norms and standards
• Good practices and lessons learned related to laws, policies and practices on racial justice and equality in the context of law enforcement and the justice system.

Key questions and types of input/comments sought

The Expert Mechanism would like to invite all interested individuals and organizations, including Africans and people of African descent, representatives of civil society organisations, experts, lawyers, and academics to send inputs ahead of their visit, such as:

• Recent analytical reports or surveys on Africans and People of African descent examining structural and institutional racism, excessive use of force, and other human rights violations by law enforcement and the criminal justice system against them in the USA.
• Information on the policies, programmes, practices, and legal framework concerning law enforcement, the criminal justice system and Africans and People of African descent in the USA.
• Information on emblematic cases concerning Africans and people of African descent and their interaction with law enforcement or the criminal justice system including any judicial action, accountability and reparation measures taken in the USA.
• Priority issues concerns and situations that warrant the Expert Mechanism's attention in the USA.
• Suggestions on issues to examine and related places to visit in the USA.
• Suggestions on government officials and civil society actors to meet in different regions in the USA

How inputs will be used

Submission will remain confidential. They will be considered during the country visit and will be considered for the Expert Mechanism’s report on the country visit.