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

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This handbook recommends that law enforcement agencies adopt a more practicaland holistic approach to training. Practical training linked to specific powers, actions,and activities of the police is usually more effective than general diversity training.General Diversity TrainingIn order to recognize and encourage greater understanding of diversity issues, lawenforcement agencies across the EU commonly provide diversity or sensitivity training.Diversity and sensitivity training are popular in many work environments beyond lawenforcement.“Diversity training” or “sensitivity training” seeks to address personal feelingsabout ethnicity, difference, stereotypes and how these influence our daily lives. Diversitycourses do not necessarily discuss discrimination. Some studies argue that cultural anddiversity training can in fact single out and reinforce differences, increasing rather thanreducing stereotyping.A large-scale study of the impact of diversity training in changing behavior inprivate companies in the USA found no evidence that it works, and some evidence thatit may be counter-productive. 210 The study was based on large-scale data on diversity inUS corporations and does not make a causal analysis, but found either no improvementor a decrease in minority representation in senior positions in those companies thatadopted this approach.Cultural Sensitivity TrainingCultural sensitivity training (as opposed to general diversity training) seeks to educateofficers about the culture of specific ethnic groups with which they have frequent contactbut with whom they lack personal familiarity. This type of training addresses the“do’s and don’ts” of engaging with particular communities, and provides guidance onpoliteness viewed through different ethnic, religious, or national perspectives. Culturaltraining is best when developed and delivered with the assistance and participation ofpersons from the relevant communities.Across Europe there are numerous examples of inter-cultural or diversity trainingfor law enforcement officers, including a two-day inter-cultural competence course forborder police at Frankfurt Airport in Germany which does not address discrimination,diversity and anti-racism training focused on Muslims and Islam for military police withimmigration controls and anti-terrorism duties at Schiphol Airport in the Netherlands,126 TRAINING
and the “Diversity Works Training” jointly developed by the Irish and Northern Irishpolice and discussed below.IRELAND AND NORTHERN IRELANDDiversity Works TrainingIrish and Northern Irish law enforcement jointly developed the Diversity Workstraining course under the EU Peace II program and have since tailored it to theirspecific contexts.The course covers: understanding every individual’s ability to stereotype, exclude andmarginalize others; reflection on stereotypes, prejudices, and assumptions; gettingparticipants to understand their power and how the combination of prejudices andpower can result in discrimination; better understanding of diversity; becomingaware of the different types of discrimination faced by members of minority groups;recognizing, acknowledging, and respecting differences; intercultural communicationskills; respecting cultural and religious practices during police operations; andunderstanding that diversity is central to good policing.The training is delivered through activities, video review, and the participation ofmembers of minority groups. The Garda Siochana gives the course during continuousprofessional development training (not in basic training for new recruits). TheDiversity Works training does not specifically address ethnic profiling; however, it hasat times facilitated debate on related issues.Practical Training Addressing Ethnic ProfilingTraining is most effective when it is directly linked to specific practices and skills, andwhen the information imparted by training is reinforced through other incentives forprofessional performance, such as performance reviews and the use of performanceindicators to assess specific practices.Reducing ethnic profiling is best achieved through training that explains applicablelegal standards and provides practical examples of correct and incorrect use ofpolice powers. Training should discuss ethnic profiling explicitly, note that it is a formof discrimination, and address both the quality of encounters and quantitative disproportionality.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 127
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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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These case studies also demonstrate
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NETHERLANDSNational OmbudsmanThe Du
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UNITED KINGDOM / NORTHERN IRELANDNo
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DENMARKThe Danish Institute of Huma
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• the impact of race• the use o
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UNITED KINGDOMThe Communities and L
Page 78 and 79: used, such as those described below
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Page 107 and 108: people were stopped and valuable po
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Page 117 and 118: UNITED KINGDOM“Know Your Rights
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Page 125: GREECEProhibition of Racist Languag
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Page 132 and 133: SWEDENPolice and Youth Sharing Expe
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Page 137 and 138: VIII. Changing Institutional Cultur
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Page 141 and 142: NORTHERN IRELANDCreating a More Bal
Page 143 and 144: Moroccan man. Another minority offi
Page 147: General principles of good practice
Page 150 and 151: other characteristics or values. Co
Page 152 and 153: Take steps to ensure that all parts
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Page 160 and 161: UNITED KINGDOMCommunity Stop and Se
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Page 166 and 167: The strategy includes multiple init
Page 168 and 169: The website provides an interactive
Page 173 and 174: 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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