Section 5: The Recommendations — Report Section VIII
Information on the specific recommendations made by the Commission for a varied list of responsible parties within the U.S. and interested parties abroad.
Addressed to the Human Rights Council and the Office of the High Commissioner:
Constitution of the UN Human Rights Council of an independent Commission of Inquiry mandated to conduct a full investigation
Appointment of an Independent Expert on Systemic Racist Police violence to monitor a continuous process.
Call for the demilitarization of law enforcement throughout the U.S.
Call for the end to impunity and for accountability of police officials
Addressed to the Office of the Prosecutor of the International Criminal Court:
Initiate an investigation into Crimes against Humanity
Addressed to the States Parties to the Rome Statute of the International Criminal Court:
Initiate investigations under universal jurisdiction
Addressed to the Executive Branch of the U.S. Government:
Institutional measures:
Support the BREATHE Act
Respect and accept the jurisdiction of the ICC
Enforce the implementation of Amendments IV, V, VIII, IX and XIV
Enforce provisions of the Violent Crime Control and Law Enforcement Act of 1994
Review discriminatory laws, law enforcement strategy, and sentencing related to the “War on Drugs”
Enact the People of African-Americans Descent and Indigenious American (Protection Against Racist Police Violence and Torture Act)
Create and effective and robust system of combating institutionalized racism within all law enforcement agencies to be monitored by an independently elected body
Create an independent National Federal Law Enforcement Oversight Commission
Issue an annual report on the implementation of the strategies
Remove qualified immunity
Legal and Policy Measures
Develop policies and support for legislation inline with the George Floyd Justice in Policing Bill, to include:Creating a National Registry of Incidents of Use of Force
Transparency of history of law enforcement officers’ use of force
Adopt the civil standard of proof to vet and discipline law enforcement officers
Disqualify applicants who have histories of involvement in white nationalist, white supremacist, or similar organizations
Develop an early warning system to monitor law enforcement records of use of force
Addressing Use of Force Practices
Develop policies and support for legislation to demilitarize policing and accomplice a complete overhaul of current policies and training practicesOutlaw chokeholds or other subduing tactics that cut of breathing or blood circulation
Outlaw the use of Tasers/stunguns unless used as a weapon of last resort
Prohibit no-knock warrants
Outlaw use of force except in conformity with UN basic principles
Outlaw use of force except in conformity with UN guidance on Less Lethal Weapons in Law Enforcement in arrest, custodial and assembly
Outlaw cavity searches
Recommendations to the Executive Branch of the U.S. Government:
Develop policies and support legislation to hold law enforcement officers accountable for their actions. The following recommendations are aimed at addressing impunity and promoting accountability:
Independent investigations and prosecutions must be required, including independent medical examiners being involved in determining causes of death/injury;
Develop legislation to enable private prosecutions of officers to be brought by victims/and families of victims;
Eliminate qualified immunity;
Create mandatory civilian review boards with subpoena power and power to impose discipline at State and Federal levels;
Institute mechanisms to protect and incentivize police officers to report abuse by other officers.
Require mandatory use of body cameras and order that videos and all other evidence relating to an incident be made public immediately after incidents involving the use of force and killings by law enforcement to ensure transparency, accountability and public oversight;
Failure to use body cameras and/or attempts to conceal identification badges of officers shall constitute rebuttable presumptions against the truthfulness of their evidence;
Decertify and disband any police union overtly or covertly interfering with investigations of police killings or use of force by the police department, prosecutor, or any other board or investigation appointed for this purpose;
Re-open investigations of cases which did not have independent investigations, prosecutors, or medical examiners available; and
Reinstate pattern and practice investigations by the Department of Justice to develop consent decrees where necessary with ability to reopen cases where evidence suggests failures to properly investigate or prosecute offending police officers.
Develop policies and support legislation consistent with the goals of the BREATHE Act to create civilian forces with expertise to address community needs which are not appropriate for police intervention such as:
incidents involving people in mental health crises; and
Incidents involving people who are homeless.
Recommendations to the U.S. Congress
The recommendations to the U.S. Congress echoes what has been provided as recommendations to the Executive Branch. Rather than repeat them, please refer to page 134 in the actual report.
Recommendations to the State and Local Governments of the U.S.
“Commissioners recommend that States, municipalities, and local government should further operate to bring all 18,000 law enforcement forces within the purview of constitutional policing and compliance, should develop civilian review boards and oversight, and should develop response teams comprised of qualified, unarmed civilian staff separate from law enforcement departments to respond to emergencies involving mental health, homelessness, and other non-criminal emergencies.” (Page 136)
Recommendations for reparations
Acknowledge the transatlantic slave trade as “the major source and manifestation of racism, racial discrimination, Afrophobia, xenophobia and related intolerance.
Pass H.R. 40
Enact “The People of African-Americans Descent and Indigenous Americans (Atonement, Reparation and Justice) Act
Appoint a Commission of qualified and diverse historians to review and recommend an objective presentation of the history of the U.S.
“Establish museums and libraries that include accurate films and videos recording the early history of the U.S., the narrative of the slave trade and enslavement, the holocaust of people of African descent in the U.S. for four centuries, the history of the struggle for emancipation, the Underground Railroad, the Civil Rights struggle led by Dr. Martin Luther King Jr. and others, and the contribution of the people of African descent, among other migrants of color, to the U.S.; including museums and libraries recording the history, life and culture of Indigenous peoples and the genocide and injustices perpetrated against them. It is by knowledge and understanding that racial profiling and violence will cease.” (Page 137, Item #516)
Recommendations for the U.S. to ratify and implement international human rights norms
Immediately ratify the core international human rights treaties and regional human rights treaties, and remove reservations related to those signed or ratified.
Remove non-self-executing language in the ratification of the International Covenant on Civil and Political Rights and/or pass the full legislation
Fully implement, monitor and enforce its obligations from the International Convention on the Elimination of all Forms of Racial Discrimination, and the Covention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Ratify all other international human rights treaties, as well as regional treaties. Create an inter-agency body to take the necessary steps to effectuate decisions, resolutions, views, observation and recommendations of the UN human rights bodies.
Recommendations to the Inter-American Commission on Human Rights
Continue the work currently undertaken by the IACHR
Incorporate findings and recommendations of this commission
Continue to actively support the cry for justice in the U.S., Caribbean, Central and South America
Recommendations to the Member States of the African Union
“We urge you to continue to raise your voices, and if necessary your votes, in the Human Rights Council to defeat any attempt to sidetrack world attention or to minimize or excuse concern for the people of African descent in the United States.” (Page 138, Item 526)
Below are links to the other summaries of the report. It is my deepest hope that others will join my effort to bring light to this report, as well as the many recommendations found in Section 5. We must force action on behalf of the people of African descent who will continue to suffer these atrocities without change. This report must be reviewed and acknowledged by as many people as possible.
Section 1: The Introduction — Report Sections I, II and II
Information on the International Human Rights Laws; the formation and purpose of the Commission; and the history of racism within law enforcement and policy in the U.S.
Section 2: The Facts — Report Section IV
Information on the facts discovered by the Commission through research, studies and hearing testimony.
Section 3: The Findings — Report Sections V and VI
Information on the ultimate findings of the Commission including specific violations and the non-compliance of U.S. law and policy.
Section 4: The Crimes — Report Section VII
Information on the specific crimes committed, including remedies and prosecution options for accused crimes.
For those, who want to read the entirety of the Commission report for themselves. Please click here to access a complete copy of The Report of the International Commission Inquiry on Systemic Racist Police Violence Against People of African Descent in the United States.