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Racial pro.ling is an issue related to minority rights and must not be ignored in essence, racial pro.ling is intersectional in nature and may consist of multiple grounds of institutionalized discrimination such as nationality, race, age, gender, socio-economic status, disability, health status, descent, language, class, culture and religion. At the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa from 31 August to 7 September 2001, the Conference, referring to the International Convention on the Elimination of All Forms of Racial Discrimination, urged States to implement or strengthen legislation and administrative measures prohibiting racial discrimina-tion and related intolerance.
Truth and justice are unhappily mutually exclusive. While in legal terms, legislative parameters will de.ne acts and qualitize their reprehensibility, in truth, speech and conduct that ingratiate themselves to a society have to be addressed politically. This is the dilemma that legislators will face in dealing with racial
B. Other Aspects of Responsibility 61
discrimination. Racial discrimination primarily erode ethical boundaries and con-vey an unequivocal message of contempt and degradation. The operative question then becomes ethical, as to whether societal mores would abnegate their vigil and tolerate some members of society inciting their fellow citizens to degrade, demean and cause indignity to other members of the very same society, with the ultimate aim of harming them. Conversely, the question arises as to whether there is any obligation on a society to actively protect all its members from indignity and physical harm caused by hatred. The answer to both these questions lies in the fundamental issue of restrictions on racial hatred and discrimination and the indignity that one would suffer in living in a society that might tolerate such discrimination. Obviously, a society committed to protecting principles of social and political equality cannot look by and passively endorse such atrocities, and much would depend on the ef.cacy of a State’s coercive mechanisms. These mechanisms must not only be punitive, but should also be suf.ciently compelling to ensure that members of a society not only respect a particular law but also internalize the effects of their proscribed acts.
The intrinsic value to a society and perhaps to the whole world, of eschewing racial and national discrimination is portrayed in the aftermath of the Holocaust – the de.ning event of this century. Human rights in our lifetime cannot be compre-hended without touching our own conceptual proximity to this and other recent events which marred the dignity of human civilization. The result of the Holocaust was the adoption by the United Nations of the Universal Declaration of Human Rights which has now stood its ground over the past 50 plus years. The Universal Declaration, which has .ourished both internationally and nationally, has been supplemented by the International Covenant on Economic, Social and Cultural Rights adopted in 1966. Both the Universal Declaration and the International Covenant have committees established to oversee their implementation. The Universal Declaration of Human Rights is composed of 30 articles which asserts a human being’s just rights to civilized and digni.ed living. In this context, we are traversing a thin line between genuine, acceptable processes of pro.ling possible criminal elements and the danger of racial and national discrimination.
B. Other Aspects of Responsibility
I. Prelude to the Rome Convention of 1952
Even prior to ICAO’s coming into being in 1944, there existed a Rome Convention of 1933133
which provided that damage caused by an aircraft in .ight to persons or property on the surface gave rise to a right to compensation on proof only that
133Convention for the Uni.cation of Certain Rules Relating to Damage Caused by Aircraft to Third
Parties
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