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

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Where possible, training should include members of ethnic minority communitiesin its design and delivery. Interactive training that engages members of ethnicminority communities directly is helpful in illustrating the experiences of people whohave experienced law enforcement discrimination first-hand. 211In Sweden, officers receive “specific police tactics” training that addresses ethnicprofiling. In the United Kingdom, both the Hertfordshire Constabulary and the LondonMPS have developed practical training that draws on the skills of officers with highhit rates and arrest rates—and few public complaints—to teach other officers how todevelop suspicion. The Strategies for Effective Stop and Search (STEPSS) project developedtraining packages to support the introduction of stop forms in Hungary and Spainwhich provided guidance on grounds for suspicion, and involved community membersin design and delivery. 212 (Please see Appendix A for the Hungarian stop form.)Practical training has also been developed for immigration officers drawing on aUnited Kingdom Home Office program called the “Quality Initiative.” This approachfirst conducts an audit of first-instance decision-making in asylum cases, and on thebasis of findings develops training designed specifically for asylum adjudicators toimprove the quality of decision-making. The UNHCR is replicating this approach inSlovenia, Slovakia, Romania, and Poland.Training can also be tailored to specific needs, as with the Amsterdam police’straining on management of a range of diversity issues for their police leadership.NETHERLANDSLeadership Training 213The Amsterdam police force trained 300 officials in management and leadership aspart of its “Safe Climate” program. The training helped participants become aware ofprejudices and stereotypes, listen and withhold immediate judgments, gain culturalawareness, improve communication skills, improve community skills, and learndifferent styles of leadership and behaviors relevant to managing diverse environments.The program aims to create a safe environment in which leaders can discussand reflect on their questions and dilemmas about leadership and diversity. Projectorganizers describe it as “building a bridge while walking on it.” The Amsterdampolice force went on to conduct further leadership training for the 900 other executivepolice officers in the city.A number of trainings have been developed that focus specifically on young peopleand the police, and the experience of stop and search. The following case studiesare from London and Sweden.128 TRAINING
UNITED KINGDOMYouth-Police Training on Stop and SearchSecond Wave is a youth arts project that organizes training workshops on stop andsearch with young people and the Lewisham Police and Territorial Support Group(TSG) in London. 214 Workshops involve 6–8 youth participants and 6-8 police participants.Workshops are designed by the young people (with the help of a tutor),and include drama-based games, trust exercises, and role-play scenarios exploringstreet encounters combined with in-depth discussion of police-youth interactions.Workshops examined issues of ownership of public space and perceptions of youngpeople and identity in relation to the recording of ethnicity on stop forms. In roleplays, officers wear civilian clothes, and when roles are reversed, young people puton police uniforms. The role plays are also taken into public spaces. The discussionshave continued from one workshop session to another, developing bonds betweenthe young people and officers.The police officers involved in these workshops have developed a deeper understandingof young peoples’ experiences. One senior officer noted that the workshopchallenged police thinking and gave them greater insight into young people’s expectations,and that it fostered a more open, transparent and accountable approach toaddressing crime and community safety issues. He also stated that it has “significantlydeveloped officers’ communication skills and ability to relate to young people,”and that this in turn had engendered trust in young people. For their part, the youngpeople involved in the process developed a greater understanding of stop-and-searchpowers and policing in general. Many have become involved with local governmentbodies, through the Lewisham Police Consultative Group and other forums, andare participating in an outreach program to expand the workshops to local schools.Another London community organization, called “Not Another Drop,” developed ayouth-led stop and search training package. 215 Not Another Drop identified youngpeople ages 15 to 19 of different backgrounds who had all been stopped and searchedand wanted to work with the police to improve their relationships with young people.The young people were trained to develop, facilitate, and deliver training sessions,which they are then paid to deliver to the police and community groups. Trainingsessions are led by two young people, with an independent advisor providing support,and take place on evenings and weekends to fit around work and school schedules.The training is compulsory for all officers within the borough.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 129
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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
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used, such as those described below
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Page 98 and 99: UNITED KINGDOMThe Views of the Publ
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Page 102 and 103: DENMARKMedia Reporting of Police St
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Page 113 and 114: This is not to say that stop forms
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Page 117 and 118: UNITED KINGDOM“Know Your Rights
Page 119 and 120: Prior to the ride-alongs, many Hung
Page 121 and 122: General principles of good practice
Page 123 and 124: UNITED KINGDOMMonitoring the Qualit
Page 125: GREECEProhibition of Racist Languag
Page 128 and 129: This handbook recommends that law e
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
Page 154 and 155: Law enforcement agencies must be se
Page 156 and 157: A large number of Polish migrants h
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Page 160 and 161: UNITED KINGDOMCommunity Stop and Se
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Page 164 and 165: to travel as far as Liverpool to ac
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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