Philonise Floyd at the United Nations

Discussion

The July 31 Roundtable, "Human Rights Accountability for Systemic Racism in U.S. Policing," explored how excessive police force used disproportionately against minorities violates not only civil rights but also human rights protected by international law.

Panelists reflected on the value of appealing to global authorities about systemic racism in U.S. law enforcement, as family members of Michael Brown and George Floyd have done. This Discussion considers how advocates can harness the power of an international human rights perspective in their work for domestic reform.

In June 2020, the brother of George Floyd offered moving testimony before the UN Human Rights Council in Geneva. He asked the Council to address systemic racism in U.S. law enforcement and the harsh response to peaceful protesters following his brother’s death. The Council responded with a resolution calling for the UN High Commissioner for Human Rights to investigate and report on these abuses. How can activists and advocates best utilize these developments to support their work for reform?

Discussion Origin

Human Rights Accountability for Systemic Racism in U.S. Policing

Topic

Criminal Justice and Human Rights

Allyson McKinn… 08/03/2020

The Roundtable conversation began with a discussion of the significance of naming excessive police force as a human rights issue, not only a civil rights issue. (Watch the video at minute 8:00 and again at 24:45 to hear panelists' perspectives on this point.)

In your experience--as an activist, advocate, or concerned citizen--do you hear issues of police brutality and systemic racism in law enforcement being addressed as human rights issues? (Consider how the media, lawmakers and officials, local leaders or faith leaders talk about these problems of injustice.)

What resonance, significance, or meaning does the term "human rights" hold for you, especially in relation to these issues? Did your thoughts on this point shift after hearing panelists' views?

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ABullard 08/06/2020

Dear Allyson,

This was such an interesting discussion that you organized and hosted. Learning about the personal meaning of the testimony process was especially significant for me.

Recently I attended another webinar on Section 1983 litigation and the doctrine of "qualified immunity" which allows too many abusive police to escape accountability for their crimes of aggression. That event was organized by the National Council of Black Lawyers and covered many important recent court cases.

International human rights law in some instances offers higher standards of rights and protections than does U.S. law. This doctrine of qualified immunity is especially burdensome for those seeking to enforce their rights. There is a lot of room for reforming laws in the U.S. so that our treaty obligations are met. Unfortunately, the current federal government is not committed in the least to enforcing human rights standards. The recent universal periodic review provided an opportunity to hold the U.S. government to account. However it is not too early to begin organizing for the next cycle!

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Allyson McKinney Timm 08/07/2020

Yes, qualified immunity is an important doctrine to reconsider, in an effort to meet human rights standards that protect against arbitrary deprivation of life. The government has an obligation to prosecute and punish police (and other state agents) for unlawful killings.

In its most recent report on the United States in 2014, the UN Committee on the Elimination of Racial Discrimination expressed concern about impunity for excessive police force. As Gay McDougall noted during the roundtable, accountability is essential in order to deter future rights violations involving lethal force.

Earlier this summer, a group of 400+ civil society organizations called for a number of policing reforms, including an end to the qualified immunity doctrine. You can view the letter here: https://civilrights.org/resource/civil-rights-coalition-letter-on-federal-policing-priorities/

Can you share the link to the webinar you recently attended? Or any calls to action that were offered there?

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Allyson McKinney Timm 08/10/2020

Professor Gay McDougall reflects on the significance of the Urgent Debate that the UN Human Rights Council held in June 2020, at the behest of victims' families and over 600 civil society groups that petitioned for the special session. (Watch the video at minutes 38:00 to 46:00 to hear this discussion.) She explains how rare it is for the Council to hold an Urgent Debate, and how extraordinary it is for the Council to direct a resolution toward the United States, as it did here. Yet the resolution was not as strong as advocates hoped, in part because the U.S. exerted considerable diplomatic pressure to dissuade African nations from backing a stronger measure. How can advocates make the most of the resolution that did result, and also continue calling the U.S. to prioritize principled commitment to human rights standards?

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Karin Ryan 08/05/2020

Here is the Link to the Roundtable for ease of reference:

http://forum.cartercenter.org/media/human-rights-accountability-systemic-racism-us-policing

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Allyson McKinn… 08/18/2020

Gay McDougall and Justin Hansford discuss several human rights treaties the United States has joined, which prohibit arbitrary or racially biased use of lethal police force. These include the Convention on the Elimination of Racial Discrimination (CERD) and the Convention Against Torture (CAT). (See the video at 14:30-21:50). The experts who monitor nations' compliance with these treaties have long expressed concern about excessive force and police brutality against racial minorities in the U.S., African Americans in particular. How can advocates harness the moral and legal authority of these global human rights standards in pressing for criminal justice reform? Why is it important for the U.S. to participate in such treaties and make every effort to live up to its commitments?

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