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

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Enhancing Accountability Through Transparency andInformation CampaignsThe general public has an important role to play in monitoring ethnic profiling andholding law enforcement agencies accountable for compliance with non-discriminationstandards. At the same time, it is in the interest of law enforcement to deepen theirconnections with local communities and ensure that residents understand some basicaspects of policing and its role in ensuring public safety. For this, civilians must be awareof their rights and responsibilities in encounters with law enforcement and have channelsthrough which to obtain information, voice concerns, provide feedback, and seek redress.Chapter IV of this book discussed formal mechanisms for civilian involvement, such asoversight bodies and complaints mechanisms. This section examines a range of informalor semi-formal actions that enhance community engagement and police accountability,including targeted information campaigns and actions such as “ride-alongs” that increasepolice-citizen contacts and emphasize openness and quality of service.The general public frequently has little knowledge of—and many misconceptionsabout—law enforcement. It is particularly important to provide immigrant communities—someof whose members may come from countries where policing is violent,unaccountable, or used as a tool of political oppression—with information on theirrights and responsibilities in relation to law enforcement. The information must beprovided in accessible languages. The “Police ESOL” language training program devisedin conjunction with the South Wales Police shows how the police can engage with peoplewho do not speak the national language. In communities with low literacy rates,written materials should be complemented with information on local television andradio. Information campaigns are particularly important when the police introduce anew practice—for example, the using of stop forms—or undertake important operationswith widespread community impacts.A relatively simple means to support greater police-community communicationare the “know-your-rights” leaflets handed out to every person stopped by the police.In the United Kingdom, information about rights specific to stops and searches isavailable on the back of stop forms and widely-distributed leaflets. In other countries,leaflets have been developed by NGOs. These leaflets aim to inform residents aboutpolice powers and their rights and responsibilities when stopped by the police. Withouta basic understanding of these issues, individuals have no basis for knowing whetheran officer’s conduct is appropriate and lawful. Know your rights leaflets should alwaysinclude information on how to make a complaint in cases of misconduct or abuse.The three case studies below show the variety of ways—in writing, video, andelectronically—the police in the UK convey information to members of the public abouttheir rights.114 STRATEGIES FOR REDUCING ETHNIC DISPROPORTIONALITY
UNITED KINGDOM“Know Your Rights” LeafletsThe Association of Police Authorities produces a “know your rights” 197 booklet aimedat giving the public and in particular young people information about the stop-andsearchprocedure. It is available in 20 languages including Arabic, Chinese, Gujarati,Serbian, Somali, and Vietnamese. It provides clear and accessible information on:• what constitutes a stop and a stop and search;• why stops and searches take place;• where they can take place;• what clothing the officer can require people to remove;• what information an officer should provide and what must be recorded on thestop form;• how to complain if you feel you have not been treated fairly.UNITED KINGDOM“Go Wisely: Everything you need to know about stop and search” DVDIn June 2008, the Metropolitan and Greater Manchester Police Authorities launchedan educational DVD about the police use of stops and searches in combating crime.The DVD is used to train police officers in the appropriate use of stop-and-searchpowers, and also serves to inform the public, especially young people, of their rightswhen they are stopped or searched.The DVD features police officers talking about how stop and search can help themdetect crime, and young people talking about their perceptions of stop and search,their experiences of being stopped, and their desire to be treated with respect by thepolice if stopped. It outlines the applicable law, relevant rights, the social context,disproportionality, and stereotyping. During filming, the camera crew witnessed a realstreet robbery and filmed the police in action as they searched for culprits and madedecisions about who to stop and search. The DVD is widely available to communityand youth groups and schools across London, and can be viewed at the MPAwebsite. 198REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 115
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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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In order to conduct a check using a
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the person could pose a threat to p
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Improving law enforcement relations
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IRELANDPolicing Plan 2008The Garda
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officer misconduct more than patter
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complaints commissions that include
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Civilian oversight can and should d
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In Ireland and Northern Ireland, po
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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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