United States - Committee on the Elimination of Racial Discrimination - Death Penalty (List of Themes) - May 2022
Country: United States
Issues: Death Penalty
Mechanism: UN Committee on the Elimination of Racial Discrimination
Report Type: List of Issues
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1. The Committee last reviewed the United States' compliance with the International Convention
on the Elimination of All Forms of Racial Discrimination in 2014. Among the 2014
Concluding Observations are two recommendations relevant to this Report.
2. The Committee stated that it "remain[ed] concerned that members of racial and ethnic
minorities, particularly African Americans, continue to be disproportionately arrested,
incarcerated and subjected to harsher sentences, including life imprisonment without parole
and the death penalty." Among other things, the Committee encouraged "[a]mending laws
and policies leading to racially disparate impacts in the criminal justice system ... and
implementing effective national strategies or plans of action aimed at eliminating structural
discrimination." The Committee specifically encouraged "[i]mposing a moratorium on the
death penalty, at the federal level, with a view to abolishing the death penalty."1
3. The Committee also commented on "the ongoing challenges faced by indigent persons
belonging to racial and ethnic minorities to access legal counsel in criminal proceedings in
practice." The Committee encouraged the adoption of "all necessary measures to eliminate
the disproportionate impact of systemic inadequacies in criminal defence programmes on
indigent defendants belonging to racial and ethnic minorities, including by improving the
quality of legal representation provided to indigent defendants."2
4. This report addresses the United States' compliance with its human rights obligations under
the Convention with regard to the death penalty, including with respect to those areas
identified in the Committee's 2014 Concluding Observations as described above.