Reducing Ethnic Profiling in the European Union - Open Society ...

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NORTHERN IRELANDBeyond the Margins: Building Trust in Policing with Young PeoplePublic Achievement is an NGO working with disadvantaged young people inNorthern Ireland to encourage active citizenship. Public Achievement undertook aresearch study based on a literature review, analysis of over 200 surveys completedby young people, and a review of projects working on policing with young people.Additionally, Public Achievement created a film through interviews with over 200young people from across Northern Ireland as well as the chief constable, the policeombudsman, and the chairman of the Policing Board. Each participant involved inworkshops or interviews was asked to complete the questionnaire and it was alsomade available online through the Public Achievement website. A total of 212 youngpeople completed the survey between September 2009 and February 2010. Makinga film allowed the young people to speak in their own words about their experiencesof policing, their views of the police, and their ideas for the future.The research found that young people feel they are stereotyped by society and thatthe police often operate based on these societal perspectives. Seventy percent ofrespondents reported having had some form of contact with the police. The mostfrequent location of contact was on the street, with a large proportion of respondentsreporting experiencing unacceptable police behavior including disrespectfulbehavior and harassment. A large section of young people also reported having positiveengagements with the police through youth clubs and schools. Positive policebehaviors including greater professionalism, politeness, and fairness appear to haveincreased since previous surveys. The research also found that engagement projectscan be successful if they are built on trust between the young people and facilitatorswho are seen to be independent, and involve prolonged and sustained police/youthcontact, which fosters increased understandings of one another. Public Achievementis currently working with the Northern Ireland Policing Board to develop training andfurther research based on the findings.IRELANDSingled Out: Exploratory Study on Ethnic Profiling in Ireland and its Impacton Migrant Workers and their FamiliesIn 2010–11, the Migrant Rights Centre in Ireland conducted an exploratory study togather existing information on ethnic profiling, deepen awareness of the problem,and establish the need for further research to understand the extent and impact of98 ETHNIC MONITORING AND LAW ENFORCEMENT DATA-GATHERING
ethnic profiling. 179 Based on a literature review, small scale observation on busesand trains in Dublin City Centre, focus groups and interviews with migrant workers,and wider population and stakeholder interviews, the report finds evidence of ethnicprofiling, examines the impact on migrant workers, and makes a number of recommendationsfor reform.The observation found indicators of ethnic profiling practices. This was observedin the street when only Roma were “moved on” for begging, despite other peoplebegging in the same area at the same time. Ethnic profiling was also observed duringidentification checks on buses with passengers from a visible minority ethnic backgroundbut not on buses where there were no passengers from a visible minoritybackground. The focus groups and interviews catalogued perceived incidences ofethnic profiling on buses, trains, and in cars, at airports and ports, and on the streetand in other public places. A number of the interviewees and focus group participantsdiscussed the psychological impact of ethnic profiling and frustration at thelack of avenues for redress. Individuals described the experience of being singled outfor additional scrutiny in airports as humiliating and embarrassing and reinforcingracist stereotypes. One woman said that it made her feel like an “outsider,” despitehaving lived in Ireland for many years: “It makes me feel like I can never be part ofthis community, even though I want to.” 180 Others spoke about feeling “powerless”and unable to complain due to their immigration status. The report recommendsstrengthening immigration legislation to prevent ethnic profiling, strengtheningcomplaints mechanisms, and conducing further research and monitoring.Media AnalysesAnother approach—in contexts where ethnic statistics, police data, and academicresearch on ethnic profiling are limited—is a review of media coverage. Media reviewscan provide some indications of the location, experience, and scope of ethnic profiling.More complex research methods would include undertaking rigorous content analysisof media coverage, but in its simplest form a review of newspapers, TV news, and socialmedia such as social networking sites and blogs can provide both statistical and qualitativeinformation about ethnic profiling. For example, newspaper stories in Denmarkand Sweden provided statistical information about identity checks, as well as interviewswith young people stopped by police.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 99
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OPEN SOCIETY JUSTICE INITIATIVERedu
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described in this report. The case
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List of Case StudiesThe case studie
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UNITED KINGDOMAUSTRIA/BELGIUM/BULGA
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UNITED KINGDOMUNITED KINGDOMNETHERL
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The United Nations, the Council of
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I. Ethnic Profiling DefinedA Compre
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The use by the police, with no obje
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explicitly on their membership in a
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of the persons subjected thereto sh
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The impact of ethnic profiling on c
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of the ethnic minorities disproport
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II. A Holistic Approachto Reducing
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Law enforcement agencies are accoun
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III. Legal Standards andInstitution
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Criminal and Administrative Legal R
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ImmigrationThe Equality Act covers
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FRANCEObligation of Non-Discriminat
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General principles of good practice
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UNITED KINGDOMPolice and Criminal E
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has lasted for an hour, the examini
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other characteristics or values. Co
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Take steps to ensure that all parts
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Law enforcement agencies must be se
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A large number of Polish migrants h
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variety of individuals with “life
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UNITED KINGDOMCommunity Stop and Se
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their needs, and problems, and hear
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to travel as far as Liverpool to ac
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The strategy includes multiple init
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The website provides an interactive
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General principles of good practice
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Appendix A:Sample Stop Forms171
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REDUCING ETHNIC PROFILING IN THE EU
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Fuenlabrada, Spain Stop FormREDUCIN
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West Yorkshire Police Stop ReceiptR
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Covenant rights that are especially
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• Necessity: The use of ethnic pr
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The clear risk of arbitrariness in
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The Committee considers that identi
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adopted on June 29, 2007, CRI/Counc
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European Union Fundamental Rights A
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Notes1. Rebekah Delsol, Open Societ
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13. A report of MI5’s behavioral
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38. From the email text sent by Tem
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57. R. Davis and P. Mateu-Gelabert,
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88. Gillan and Quinton v. United Ki
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Ireland). Of the total number of co
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139. For example, European Commissi
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165. Open Society Justice Initiativ
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197. These can be found at: http://
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230. More information can be found
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266. To undertake this kind of anal
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279. In Rosalind Williams, Spanish
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Ethnic profiling by police in Europ
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